THP. INDIANAPOLIS JOÜRNAT,. FRIDAY. NOVEMBER 21. 1002.
Jan 1 CtE 9L v
. M. Campbell 6 Co.
Waterloo, lad 6s
South Bess, lid is
ML Vernon. la J 4s
Hamilton County , lid 5s
Morgantowo, ky 4s
Sprint, field, Ohio 5t
Fowler. In J tft
RichmonJ. lad 4s
knox County, Is 4jl
MicBifSB city, la J 5s
Marlon, Ind 5s
Lawrence County, lad 4s
Indianapolis, lod 3y,t
Louisville, ky 3s
cel.. Del. and Marion, U.. Ry ...5s
E. M. CAMPBELL & CO.
Over Columbia National Bank,
14-16 East Washington 8trcct.
Utelul Articles lor Invalids
liclin;ne nJ Holling Chairs ror parlor ssü
treet. Cairvln Chair. W'hell Couch. Food
Btfilllters and Desiccators. Feeding- and Spit
Cat. Electric Belts, Insoles and Batteries.
W.II. M. ARMSTRONG CO.,
K and 7? S MerM'an street Indianapolis. lad.
PARK BOARD HAS PLANS
IT SEEKS A3 M I IX COME FROM
THE TAX LEVY.
Ten ( ents of the Mnet-( ent Levy
Will Provide n Ample Susa
-VaiRniy Still Infilled.
At its meeting this morning the Board of
Park Commissioners will discuss legisla
tion. The board has twice asked for legis
lative relief and will try again. The board
bas faith that the third trial will bring
success. The board has placed the engi
neering of its amendment In the hands of
Representative J. R. Morgan.
The amendment asked for will be a pro
vision to segregate a portion of the tax
levy annually for park purposes. Under the
charter, which fixes 90 cents as the tax
limit for all purposes, there is no fixed
portion of that amount designated for
parks. The Park Board therefore has to
depend largely on the bounty of the admin
istration for its appropriation. This year
the board received only $79,000, the largest
Item being for maintenance. For next year
the present administration increased the
amount $11,000 and undertook to provide
$100,000 additional for boulevard purpose?
by a bond Issue, but this the Council has
The Park Board will ask that 10 cents
of the 90-cent maximum be set aside irre
vocably for park purposes. This would
provide an annual Income for the board,
undisturbed by anything, of $130,000 or more.
The board deems this adequate to carry
forward the work of improvements. Its
chief adavntage is that it gives security
to plans which the board may adopt with
regard to improvements which will require
systematic development through a number
of years. The adoption of this provision is
regarded as necessary by the board in order
that the works already done may not lose
much of their value by their uncompleted
state. There art- driveways to be continued
and completed, water service extensions,
lagoons to be constructed and a hundred
minor Improvements that are more than In
cidental parts of the general park scheme.
They cannot be properly attended to out
of the meager appropriation now made.
Mayor Bookwalter has not yet appointed
the succesor to Isaac King, the Democratic
member of the board who resigned some
weeks ago. The mayor, it Is said, will se
lect one of two men whom he has under
A MEETING TO-DAY.
(CONCLUDED FROM FIRST PAGE.)
Blcknell was given a substantial increase
In salary in Chicago and preferred to stay
There were no new developments yester
day in the situation between the Governor
and the members of the board, but it was
said that Governor Durbin had not request
ed the other members to resign. Shtveley
and Terhune were not appointed by the
Governor, and consequently they are un
der no especial obligations to him. Hence
he cannot request them to retire except
for gross neglect of duty, but In the case
of McDonald and Williams, the men whom
hs complimented and gave an especial evi
dence of his confidence In appointing them
tu the board, it is different. Without vio
lating any precedents, or making a rad
ically new dvpnrture. he may request them
to resign when they have violated his con
fidence. They may not have to grant his
request, and. indeed, the Governor may not
attempt to force them out. but it would he
regarded as an unusual proceeding for a
man to Insist on retaining an honorary po
sition, which carries no emoluments, after
the Governor who appointed him had Indi
cated that he wished him to retire.
Hill FOB r.V XIHMAI,.
Senator E. E. Hendee Says He Will
Prepare the Measure.
Senator K. K Hendee. of Anderson, who
was In the city yesterday, announced that
he would father the bill creating a new nor
mal school. "I shall write the bill." said
the senator, "but it will be introduced In
the House, as it will carry an appropria
tion, and all measures of that kind must
originate in the lower branch of 'he Legis
lature. The bill will not specify where the
school Is to be located, but will provide
that the question of location shall be left
to an impartial board of trustees to be
namd by the Governor.
"I hi' t- the measure become a law.
The action of the superintendents at their
meeting here this week ephasises tne need
(or a new normal school. We have laws at
present that physicians and dentists must
be graduates of some college, and I un
derstand that the barters are agitating a
similar law regulating the kind of surgery
practiced unr'tr the sign of the striped pole.
First free schools established in
Roxbury, Mass., 1645. Law passed
in Massachusetts 1647. established
grammar schools. The manufacture
of cloth began in Massachusetts in
1640, and from that day to the pres
looms hare kept hustling. And still
some men can't get oeer the habit
of buying and selling imported (so
called ) woolens. Come in and let us
show you the real, genuine American
for man and boy
Why should not the teachers of our public
schools be required to pans the course In
a normal school similar to the one now
conducted by the State? If such require
ments are made of the teachers we must
provide more schools for them."
Incidentally It may be mentioned, al
though the information did not come irom
8enntor Hendee, that Anderson will go
after the school should the Legislature
pass the bill. Other cities will enter the
lists, however, and there will be a scramble
that will be lively if not edifying. The bill
proposed by Senator Hendee will have one
virtue that was not possessed by the Mun
de Normal School bill that aroused such a
fight at the last session it Is not inten.lol
to benefit any particular town or city, und
every village in the State may consider that
it stands a chance to get the school If the
bill becomes a law.
Senator Hendee would not go on record
on the voting machine proposition, as he
said he had r.ot given the matter sufficient
consideration. "I can tell you one thing,"
he added, however, "I am 'agin the general
primary raw proposition. Let Marion coun
ty have all the primary law she wants, but
spare the rest of the State."
SOITH MI NI) PLAN
To Separate the School City from
Steps may be taken at the coming ses
sion of the Legislature to separate the
municipal and school corporations of South
Bend. This was the statement made last
night by Senator Albert M. Burns, of that ;
"South Bend has reached the limit m
taxation," said Senator Burns, "and has
reached the 2 per cent, limit in the amount
of debt. A large number of public improve
ments are under way. Including several
new school buildings, and neither the city
nor the School Hoard has at present the
resources to complete the work. It has
been proposed that the Legislature divorce
the municipal city and the school city, with
the result that money can be raised to
complete our Improvements. The matter
ill doubtless be brought up this winter."
Senator Burns said that he did not in
tend offering any bills for the considera
tion of his colleagues this winter. He was
asked where he stood on the voting ma
chines proposition, and he replied: "I'm
against them. That is, you can say that
I'm from St. Joseph, Mo., instead of from
St. Joseph county, this State, on that ques
tion you must show me. If a thoroughly
satisfactory machine can be secured and
one that will not bankrupt the counties
when they come to pay for it, I may vote
A. Special Election.
Governor Durbin S'esterday Issued an or
der calling for a special election to fill the
office of sheriff in Greene county. In this
county, where there were such tempestu
ous scenes immediately following the late
election, the Republican and Democratic
candidates for sheriff each received 3,505
votes, according to the decision of the Dem
ocratic canvassing board. Hence the new
election, which will be held Dec. 20, is
Alonso F. Wilson is the Democratic can
didate, and John C Huffman the Repub
lican. The Republican leaders In Greene
county are predicting Huffman's election
next month by a plurality of at least SOU.
Prohibitionists on Silver.
The tilt precipitated between EU F. Ritter
and the Prohibitionists is growing livelier.
Mr. Ritter came out Tuesday with a state
ment that he had left the Prohibitionists
when they declared for free silver In 1896.
and yesterday State Chairman Masters
replied with a counter statement denying
all that Mr. Ritter had affirmed in regard
to the attitude of the Prohibitionists on
the silver question.
ew Senator in Tom.
Marshall E. Newhouse, the new Repub
lican senator from Bartholomew and De
catur counties, who succeeds Senator Lam
bert, of Columbus, was In the city yester
day, and he made a call at the Governor's
office. Mr. Newhouse is not a novice in
legislative affairs, as he was a member of
the House during the sessions of '93 and '95.
TOLD OF DAUGHTER'S DEATH.
John MacFarlane Informed of the
Murder in This City.
When John MacFarlane, a traveling man
from Rochester, N. Y., arrived at the
Spencer House yesterday at noon, he was
handed a telegram telling him of the mur
der of his daughter, Florence MacFarlane.
The telegram asked the father to hastily re
turn home. MacFarlane blames his daugh
ter's married lover. Frank Young, for the
murder, although Young's wife has been
arrested for the crime. Mr. MacFarlane
said that his daughter and Young had been
infatuated with one another for some time
and he often forbade his daughter seeing
tuung. MacFarlane s daughter had ftssu
staying with friends at 543 East Court
street, Rochester, since MacFarlane's wife
died six years ago. Mrs. Young appeared
at the Court-street house Monday and rang
the bell. Miss MacFarlane answered the
call. Mrs. Young at once began beating
Miss MacFarlane. who ran through a hall.
Mrs. Young followed, catching the girl and
stabbing her five times. The girl died al
most Instantly. Both women had been In
timate friends, having worked at the tele
phone exchange together.
Mrs. Young Held for Murder.
ROCHESTER. N. Y, Nov. 20. The cor
oner's Inquest Into the death of Florence
McFarlane was held to-day. The coroner
finds that Miss McFarlane came to her
death as the result of stab wounds indicted
by Mrs. Lulu Miller Young. Mrs. Y'oung
was held for the grand jury.
Because Mrs. Anna Denman. rooming at
13 North East street, could not pay her
room rent last night her landlady, Mrs.
Albert Bush, asked her to leave. Mrs.
Denman refused and a tight ensued. The
women pulle! one another's hair and Mrs.
Bush's husband Interfered. While he was
trying to separate the women, Mrs. 1 n
man seized a butcher knife and cut him
across the left arm. inflicting a serious
wound. Mrs. Bush was cut on the nose
ami chin. Bicycle Policeman Samuels and
Griffith arrested all three Mrs. Denman
was charged with assault ami battery with
Intent to kill, while the others were charged
with assault and battery.
The Federal Judgeship.
It was announced here yesterday that
advices from Washington stated that let
ters had been received from the members
of the Indiana Bar Association asking that
Judge John H. Baker s resignation as fed
eral district judge be not accepted. No
action has been taken by the bar associa
tion to this end. and if any letters have
been sent ths Department of Justice In
regard to the matter they have been from
Individuals and not from the association
Why cough all night? Clmuua cures at omcs.
LONG PRICES FOR HORSES
BLAIR-BAKER SALE AVERAGES
OVER 2ÖO YESTERDAY.
The Axtell Colt Malnyard Bring 00
an Top Price Cloning; of Sale
The best horse sale ever conducted in
Indiana will close to-morrow at the sale j
pavilion of the Blair-Baker Company at
the stockyards. Three days' business, in
cluding weanlings, poor horses and all give
an average of $300, or thereabouts, for the
175 horses sold. An average of this kind
maintained with no sale over $950 and few
above $600 is something unusual. The sale j
was a success because It took a good price
for the "crocodiles" to get the good ones i
for the export trade as the Indiana bidders
kept the bidding up. One of the best rea- j
sons why a high average was maintained
was the absence of horses of inferior
Yesterday's sales were the best of the !
week the average being close to $250. The J
longest price was paid for the Axtell colt
Malnyard, out of a Warlock mare, con
signed by S. J. Fleming & Son, Terre Haute.
Jack Dawson, of Frankfort, Ind., got him
for $800. He is a coming four-year-old and
has speed and is a fine individual. A high
price was paid for Baron McMath, 2:154, by
Baron Posey, consigned by M. H. Reardon,
city. A. H. Merrill, of Danvers, Mass., got
him for $650 and he paid the same price for
Ivan B., the Greystone gelding, out of a
mare by Boone Wilson. William McFarland
got Reardon's May Miller, who Is promised
a fast mark as a green mare, for $550. Mc
Farland paid $060 for David H. Ray, 2:244,
a brown gelding of the showiest type that
has been offered at the sale. Twenty min
utes later McFarland sold him to an In
dianapolis harness man for $90 advance. The
black mare Belle Marshall, 2:174, brought
$575 from John Pender, of Johnstown, Pa.
The sales yesterday were:
Commoneer, b. s., by Electioneer-General
Benton, C. W. Kelsling, Greenwood, Ind.;
Edict, b. s., by Dictator-Normandy, J. A.
Coleman. Franklin; $155.
Kate Creighton, b. m., by Jersey Wilkes
Mambrlno Russell, Chas. E. Palin, New
town. Ind.; $105.
Minnie S., sr. m., Kentucky Prlnce-Gat-ling;
Isatell, b. m.. by Axtell-Otmoor, Meow
Bros., Manilla, Ind.; SllX.
Marchesa, b. f., by Margrave-Jay Gould,
Geo. Snyder, Allentown, Pa.; $225.
Marcella. b. f., by Margrave-Young Bur
lington. S. H. Turner, Columbus. O. ; $300.
The Lieutenant, b. c, by The Director
General-Jersey Wilkes, Tom Sauders, Ar
eola, 111.; $225.
Maubry. b. g., by Roy Prlnceton-Hamble-tonian;
Malnyard. b. c. by Axtell-Warlock, Jack
Dawson, Frankfort, Ind.; $00.
Chestnut filly, by Axtell-Kentucky Prince,
Wm. McFarland. Philadelphia; $100.
Axotoka, ro. m., by Jay Bird-Almont, H.
B. Gentry, Bloomlngton, Ind.; $270.
Bessie Wilkes, b. m., by Wilkes Boy
Mambrlno Thorne, S. J. Fleming & Son,
Terre Haute; $100.
Ca8tleton, ch. g., by Greystone-Beau-mont.
C. M. Taylor, Hillsboro, 111.; $290.
Lord Qnr, gr. g., by Prtnceton-Ham-brino.
Sam H. Turner, Columbus. O.; $160.
Historian, b g., by Greystone-Hambrino,
Milt Klndig, Lancaster, Pa.; $155.
Lady Celestial, b. f., by Greystone-Hambrino,
Dr. J. L. Hicks, Arcadia. Ind.; $300.
Byron K., b. c. by Greystone-Hambrino.
S. H. Turner, Columbus, O. ; $105.
Rockwood. b. g., by Princeton-Sirlus,
H. C. Moody. Eminence, Ky.; $120.
Bay gelding. Taylor & Aiseman, Sing
Sing, N. Y.; $125.
Bay gelding, John Clark, Westfield, Ind.;
Hay gelding, Milt Klndig, Lancaster, Pa.;
Bay team, by Ira Wilkes, Taylor & Aise
man. Sing Sing. N. Y.; $215.
Don Wilkes, b. , by Olmeda Wllkes-Tra
Wilkes, John Pender, Johnstown, Pa.; $185.
Miss Posey, b. m., by Brown Posey-Ar-rowwood,
Blair-Baker Company, city; $125.
Baron McMath. 2:154. by Baron Posey
Harrlet Downing. A. H. Merrell, Danvers,
Mav Miller, b. m., by Cecellan Trlnce
Thos. A. Scott. W. McFarland. Philadel
Fran B., sr. g., by Greystone-Boone
Wilson, A. H. Merrell. Danvers. Mass.; $65).
Miles, b. g., 2.244. by Whalebone-Jim
Wilson, Wm. Brumback, Reading. Pa.; $205.
Aco. b. g., by Blanadco-Anteros, George
Snyder, Allentown, Pa.; $310.
Helen Bertram, 2:12. b. m., by Margrave
Dictator, Grassland Farm, Ind.: $450.
Watalya. blk. m., 2:264, by The Director
General-Neponset, Isaac Sherwood, Cleve
land, O.; $220.
David H. Ray, br. g., 2:244, by Frank L.
H. H. Bainlng, Wm. McFarland, Phila
Helen Hill. br. m., Cbas. Decker. Olden
burg, Ind.; $260.
Percv Dawson, b. f., by Jack Dawson
Lord Russell, H. C. Webster, city; $400.
Landlady, sr. m., 2:1514, by Dr. Wood
Clipper, A. A. Branch, Portsmouth, O., $330.
Areola, b. g.. by Bright Mark-Rescue,
R. A. Rouse. Danville. 111.; $860.
National, b. g., by Charlie Wllkes-Errlcs-son.
Geo. Henderson, Dayton, O.; $155.
Chestnut gelding, by WIlkesberry-Type,
R. A. Rouse, Danville. 111.; $250.
Bay mare, by Sunlight, W. W. Baker,
Wild Dick, b. g., by Kentucky Ruler-Red
Wilkes, Ed Lewis, city; $200.
Red Bud. b. g., by Red Sam-Lebanon
Dick. W. W. Baker; $290.
Tommy B., b. g.. by Prlnceton-Hamble-tcnlan
Tranby, Geo. Snyder. Allentown,
Billy Davis, b. g.. by Jersey D.-Jaywood,
R. A. Rouse. Danville, OLj $255.
Minnie Sparks, b. m., by Spay-Egbert,
Geo. Snyder, Allentown, Pa.; $195.
Relea Nutwood, b. m.. by Von Nutwort
Consplrator, Phil Wolverton, Lafayette,
Victor, gr. g.. by Gawaln-Claymont, Geo.
Snyder, Allentown. Pa.; $235.
Nellie Bright, br. m., by Poem-Lartell,
J. T. Kenny. Hoopeston, 111.; $200.
Menervla Sample, b. m.. Son of Bell-founder-Rlchwood,
Milt Klndig, Lancaster,
Flast. b. g.. by Llbits, Chas. Palm, New
town. Ind.; $215.
Bay mares. Jas. Baber. New York; $645.
Daddy, b. g., Sam Turner, Columbus, O. ;
Helle Marshall, blk. m.. 2:174. by Bon
Marshall-Prince Golddust, John Pender,
Johnstown. Pa. ; $"7.".
Lady Rodman, blk. m., by Waeslngham
Ralston. John Pender, Johnstown. Pa.; $350.
Bav gelding, John Pender, Johnstown,
Brown gelding, John Pender, Johnstown.
I a.; $175.
Sorrel mare, by Jim Finch, Daniel Am
heimer. New York; $165.
Sorrel gelding. Milt Klndig, Lancaster,
Bay .-Mini;. W. G. Brumback, Reading,
Sorrel mare, by Anteo Wllkes-Wm. Not
w od. C. F. Johnson, Noblesvllle. Ind.; $170.
GHadys, Kr. m.. by Wiltrauby-Bawny, A.
II Merrell. Danvers. M . .
Diamond, comp, p., by Combat-Macom
II irrv. Sam Turner. Columbus. O.; $160.
Bay gelding, saddler). Geo. Starr, Terre
Haute, Ind.; $500.
Brown horse, Jas. Bab. r. New York; $115.
lortal mire. M. H. Reardon. city; $:'
Bay mare. Andy Schickentanz, city; $155.
B irrel gelding, saddler, Geo. Vico, Paris,
III : UM
Sorrel gelding, Dan Reed, Attica, Ind.;
Sorrel gelding. Milt Klndig, Lancaster,
Hay mare. C. W. Ulrich, New Philadel
phia. O ;
lrs. Hitler's lecture.
Mrs. Elisabeth A. Hiller's lecture In cook
ery yesterday afternoon was exceptionally
interesting and there was a larger at
tendance than on any previous afternoon.
The subject of yesterday's lesson was sal
ads and salad dressing, and, as usual,
Mrs. Hlller prepared some delicious dishes.
Mrs. Hiller ga thf recipes and made
both the French and the plain mayonnaise
dressings for salad, the latter of which
was her own recipe. She prepared with
thess dressings potato, beet and other sal
ads. The lobster salad, for which she did
not have the time, will be the first subject
of the lesson to-day, which will be on hot
desserts. The lessons are now almost fin
ished and an opportunity of hearing Mrs.
Hlller 's excellent advice on the subject of
cookery will not be offered again soon.
Simile tickets fur the lectures may be pur-
chased at the doo. Instead of the table
service. Which was to have been given as
the closing lesson Tuesday evening, there
will be instead the regular lesson. On that
day she will discuss pastry, puff paste,
clii se straws, game pies, vol-au-vent, ris
soles, patty and plain paste.
Annnal Event by Phoebe Soelety for
The annual Christmas market, given by
the members of the Phoebe Society for the
benefit of the Deaconess Hospital, began
last night in Tomlinson Hall, and will con
tinue until to-morrow night. The fair real
ly began yesterday at noon, when two
women of the society served a turkey din
ner. The market was formally opened last
night by a band concert. The hall was
beautifully decorated. Underneath the bal
cony ten booths were arranged. The booths
were decorated with bunting with a frame
of trellis work, and were In charge of
committees appointed from the society. The
largest booth was at the south end of the
hall and contained a varied assortment of
fancy work. To the right of this was the
furniture booth, where all kinds of house
furnishings could be purchased. Along the
east side of the hall were the refreshment
booths, three In number. Near the stage
were the tables where the meals were
served. On the west side of the hall booths
where dolls, dry goods, candies and cakes
could be purchased were situated. In the
middle of these booths was the fish pond.
On the stage was the art museum, in which
a number of pictures were exhibited and
offered for sale.
The attendance last night was considered
rather large for the opening night, and the
managers felt grateful for the attendance.
To-night the programme. In addition to
the band concert, will include exhibitions of
calisthenics by the members of the turning
societies from the German House, Inde
pendent Turners and South Side Turning
Meals will be served at noon and at 6
o'clock this evening. The price charged
for each meal will be 25 cents.
CITY NEWS NOTES.
Joseph Garder, of Dunkirk, Ind., was ar
rested last night, charged with being a
lugltlve. It is said that Garder is wanted
in Noblesvllle for grand larceny.
Attorney General Taylor in an opinion to
the auditor of state declares that the Provi
dent Home Co-operative Company, of Penn
sylvania, cannot be granted a license to do
business in Indiana, as Its literature dis
closes that it is a "get-rlch-qulck" con
cern. The Galenlan Society of the Central Col
lege of Physicians and Surgeons will hold a
meeting this evening at the new college
building. The programme will include a
talk by Dr. J. R. Eastman on "Student
Life In Germany" and several musical
numbers. No admission fee will be charged.
A dispatch from Metropolis, 111., says:
"The city marshal to-day arrested Luther
May nor for carrying a revolver. The boy
showed a card from a bogus detective
agency In Indianapolis, and asserted his
right to carry a revolver. He was re
lieved of the revolver and the card was
turned over to the postal authorities. He
had paid $5 for the card which he supposed
made him a full-fledged detective."
The Medical and Surgical Monitor for
November publishes a recent statement
made by Governor Durbin in defending
him against attacks that ha,re been
made in other medical journals on
the smallpox situation in Indiana.
The statement quotes the Governor
as saying that $6.000 had been placed
at the disposal of the State Board of
Health, and he will see that no State shall
be better protected against an epidemic.
Indianapolis Missionary Inlon.
A feature of yesterday's meeting of the
Indianapolis Missionary Social Union, held
In the First Friends' Church, Alabama and
Thirteenth streets, was a whistling solo
given by Miss Everett Kelfer. of Marshall,
111. Miss Kelfer Is an adept In her special
ty, and her work yesterday was greatly ap
preciated. The meeting began at 9:30
o'clock, and was In charge of Mrs. G. B.
Schmitt. A report on the "McAU Mission"
was read by Mrs. D. L. Wood. In the
afternoon the work was conducted by Mrs.
A. B. Mitchell, and consisted of the read
ing of several papers, Interspersed with
Sales of Real Property.
Two sales of residence property were at
high prices yesterday. The property on
North New Jersey street, near Twentieth,
owned by Walter J. Quick, was sold to
John Buehler for $13.000. Eugene A. Cooper
bought from John M. Dalrymple the prop
erty on Park avenue, near Twelfth street,
for $10,000. Smaller transfers of the day
were those of McCullough Braughton to
Purl C. Plaster of property at Oxford and
Tenth streets for $3,500. and Leonard Hur
braugh to Flora V. Caldwell of a lot In
Myers's North Illinois-street addition for
Addition to a Brewery.
The Indianapolis Brewing Company has
awarded the contract for its addition to
the Schmidt plant, at McCarty and New
Jersey streets, to the W. P. Jungclaus
Company. Work has begun and Is to be
completed March L The addition will
be of brick and steel and will
cost $25.000. Enameled steel tanks,
costing $75,000, will be put in and will in
crease the capacity of the plant 75,000
barrels. The new buildings will be provided
with filtered air and complete sterilisation
for all appliances.
Death of Dennis Carran.
Dennis Curran, a brakeman employed by
the Panhandle, who was run down by a
switch engine Wednesday afternoon, died
several hours later at St. Vincent's Hos
pital. Curran was sixty-three years old,
and leaves a widow and three children. He
lived at 441 Shelby street. The funeral will
be held this morning from his home. Serv
ice will be held at St. Patrick's Church.
Property Sold for f 40,000.
A big real estate deal was consummated
yesterday through the Ralston & Camden
Agency in the sale of the three-story brick
block at 339. 341 and 343 West Washington
street. The property was owned by E. C.
Craut and was sold to Jonas and Julius
Joseph, of Shelbyvllle. for $40.000. The lot
has a frontage of forty-five feet and Is
195 feet deep.
Charles Dickson Injured.
Charles Dickson, an I., D. & W. brake
man, was Injured last night at the Union
Station by being pinched between two cars
which he was coupling. His shoulders were
injured and he was badly bruised. Dickson
was attended by Dr. Schenk and taken to
the City Hospital In the Dispensary ambu
lance. He lives at 506 North Belmont ave
nue. Firemen's Ball Profits.
It was said yesterday by members of the
finance committee of the fireman's ball that
all the accounts had not been settled, but
It was thought the pension fund would be
Increased by $2.500. It will be several days
before all returns are turnen In. The tick
et takers at the door on Wednesday night
said that over 4,000 people paused In.
Delta 81k Supper.
Twer.ty-two members of the Delta Sig
dental fraternity attended the perform
ance at the Grand last night and then
adjourned to the Denlson. where they had
supper In the grill room. It was a
"spiking"' affair In honor of the new men
whom the fraternity is "rushing."
Kirk D. Bacon Dead.
Merchant Policeman Bacon yesterday re
r. ived word from Fort Worth. Tex., of the
death of his son. Kirk D. Bacon, who suc
cumbed to ssthma. The body may arrive
in the city to-day, but the funeral arrange
ments have not yet been announced.
Mrs. Wlnslovi-'a Soothing Syrup
Has tn usd for over fifty rears by millions of
"others for their chiidrt whils teething with
nerfrct ucce. -w.. ibM,, sorters the
Jrums. P. cures wind colic. reCuUtes
The bows. and Is the best remedy for diarrhoea
hr'.ht arlsiug from teethlnc or other csusea'
vnr tale by drutsts in every prt uf the world'
Be sure and ask lor " Mrs. ttlnslow's Soothing
Assist Natur In hsr efforts to hake off s
eouah or cold, or she my revenge herself by
giving up the contest. Remen.ber that with
Hale Honey of Horehound and Tar for mn ally
will extinguish the wont cough In a ftw
dare Sold by all Drugglfts
Pike Toothache Drops curs is i minute.
ANTHONY JOHNSON SUES
HE ACCISES HIS WIFE OF TRYIXG
TO POISOX HIM.
Action of the Marlon County Grand
Jury Other Cases in the
Anthony Johnson yesterday sued his wife.
Eliza, for divorce, and in the complaint
accused her of trying to poison hlra. He
avers that while they lived in Cairo, 111.,
before their separation in 1897, she threat
en?d to poison him. In the execution of
her threat she placed "foreign deleterious
and injurious substances In his coffee,"
polluted his food In various manners and
poisoned and polluted the rain water bar
rel, he alleges. All of this poisoning and
pullutlon made him sick at times, and his
life was constantly endangered while they
lived together, from May, 1896, to July. 1897,
when she abandoned him. In addition to
the other allegations Johnson charges his
wife with abusing his daughter by a for
WILL HETl H TO HER HOME.
Mrs. Harry galter, n Vaudeville
Actress, Stranded in This City.
Judge Stubbs yesterday assessed a fine
of 50 and costs and a sentence of thirty
days in the workhouse against Harry
8ulter, the stranded vaudeville actor, who
reached this city Wednesday in company
with his wife. The judge assessed the
heavy fine against Suiter on the testimony
of the wife, who told how her husband had
abused her while they were on the road.
The woman In relating her story to the
Judge told of the hardships she had en
dured after running away from her home
in Atlanta, Ga. The girl realized her con
dition when she and her husband reached
Westfield, Ind. She then wrote her mother.
The latter at once telegraphed the police
department of this city to arrest Suiter if
he arrived here. Mrs. Suiter will remain at
the police station In charge of the matron
until her mother sends her a ticket and
money so she can return home.
He Will Be In Prison for from Two to
William Caldwell, convicted of the mur
der of Daniel Sullivan by a Jury in the
Criminal Court Wednesday and found
guilty of manslaughter, was sentenced to
the State Prison for not less than two nor
more than twenty-one years by Judge Al
ford yesterday. The sentence also carried
with it a fine of $1 and disfranchisement
for two years. Mrs. Belle Caldwell, Joint
ly indicted and tried with her husband,
but on whose guilt the Jury failed to agree,
was released by the judge on her own
recognizance. It Is probable that the In
dictment against her will be nollied on a
motion of Prosecutor Ruckelshaus.
High Court Decisions.
The Appellate Court yesterday affirmed
the Blackford Circuit Court, which ruled
against canceling a contract between R. R.
and John A. Gadbury and the Ohio and In
diana Consolidated Natural and Illuminat
ing Gas Company, by which the latter was
to have the right to drill for gas and oil on
the Gadbury land, the company to pay the
land owners 1100 a year for the product of
each gas well while the gas was used off
the premises and one-sixth of all oil pro
duced. The complaint alleged that the
company drilled a gas well and found a
large quantity of gas, but closed the well
and refused to transport the gas. The land
ownerB contended that the lease was for
feited by the failure to perform the "Im
plied covenant" to operate.
The Appellate Court affirmed the deci
sion of the Marion Circuit Court awarding
Mary A. Krug $2.500 damages against the
Frank Bird Transfer Company and the In
dianapolis Street-railway Company. She
was riding in a closed cab when a street
car struck it and she was injured.
The Supreme Court yesterday granted
the Union Railway Company thirty days
to meet the argument in the new brief in
the track elevation case. E. D. Salsbury
filed a brief in support of the city's right
to compel the company to elevate the
tracks. He points out that the company
has elevated Its tracks In certain places
and the court can compel It to elevate
tracks in the interest of the public.
The Federal Grand Jury.
The federal grand Jury returned forty
three indictments yesterday and adjourned.
The majority of the indictments are for
violations of the postal, revenue and coun
terfeiting laws. The men indicted who have
already been apprehended by the United
States marshal are Oliver Merrill, Oscar
Sorrenson and G. W. Tracy, counterfeiting;
Earl Reed, Harry Davis. E. K. Marsh. W.
L. Watt, L. E. Clark. John Blainey. Martin
Guilford. Charles Kellan, Patrick Sullivan
and George Lutz for violating the postal
laws. These men are now confined in the
county jail and were arraigned before Judge
Baker, in the United States Circuit Court,
yesterday. Monday will be general arraign
All male prisoners convicted in federal
courts In this district will hereafter be
Imprisoned in the United States Peniten
tiary at Fort Leavenworth, Kan. The or
der directing this change from the custom
of sending the prisoners to the Ohio Pen
itentiary, which has been in practice for
the last seven years, was issued by Judge
Baker yesterday. The change was made
on the motion of District Attorney Keal
Ing, who has been advised by the atorney
general of the completion of the new federal
penitentiary. The women prisoners will
still be Imprisoned in the Ohio prison at
Marion County Grand Jury.
The November session of the Marion
county grand Jury Is to end within the next
two days unless something is reported to it
requiring a continuation of the session.
Yesterday the members of the grand Jury
visited the jail, workhouse and poor farm.
To-day the report of the session and the
indictments to be returned will be pre
pared. The report and indictments are ex
pected to be submitted to Judge Alford
either this afternoon or to-morrow morning.
I rue K. Dolan in Conrt.
True K. Dolan, charged with entering O.
E. Black's house Monday night, was tried
yesterday morning in Police Court and
bound over to the grand Jury. Dolan could
not explain satisfactorily to Judge Stubbs
how his hat came to be in Black's house
the next morning.
The Suit Dismissed.
The suit for damages of Bonnie L. Jones.
administrator of the estate of William A.
Jones, against the Monongahela Coal and
Coke Company. In the Federal Court, was
dismissed by the plaintiff yesterday.
THE COIRT RECORD.
Room 1 John L. McMaster. Judge.
Terre Haute Brewing Company vs. George
Hudson; on note. Judgment for plaintiff
against defendant for I2S1.73. Judgment
against defendant for costs.
Augustus W. Blue vs. Albert C. Haugh;
on note. Dismissed. Costs paid by plain
tiff. Room 2 James M. Leathers. Judge.
Samuel Levi vs. Charles Perry et al.;
note. Complaint dismissed and cross-complaint
Ester Finklestein vs. Fireman's Fund In
surance Company. Evidence heard. Argu
ment concluded. Jury retired.
Room 3 Vinson Carter. Judge.
Louis C. Sehmoe vs John W. Kealing et
al. ; mechanic's lien. Dismissed and costs
Kussel Armstrong vs. John J. Cooper;
damage suit. On trial by jury.
Julia E. Jacoby vs. John 8kinner et al.;
suit to quiet title. Circuit Court.
Amos B. Keepert vs. Edward Cornell and
James M. Tomlinson; suit on lien. Clr-
Edward Messick vs. William S. Budd et
gj.; complaint to foreclose mechanic's lien.
Superior Court. Room 2.
Burnet-Lewis Lumber Company vs. Fred-
A NE, w
WILL BEGIN IN
The Sunday Journal
CHARLL5 FREDERICK GOSS
This book has just been issued by the publishers,
and is one of the most interesting stories of the year.
erick Schreiber and Tobias Rock; judgment
on account. Superior Court, Room 2.
Anthony Johnson vs. Elisa Johnson; di
vorce. Superior Court, Room 3.
May Dlbuls vs. James Dibuls; divorce.
Superior Court. Room L
HIGHER COURTS' RECORD.
19824. School Trustee vs. School Town.
Allen C. C. Affirmed. Dowling. C. J. Where
a school township builds a building for
school purposes, and afterwards a town
was Incorporated, the boundaries of which
Included the school property, such town
was not bound to pay the Indebtedness for
the school property before It could take
possession of it.
19712. State vs. Wright. Marion C. C. Dis
missed. Monks, J. This case is dismissed
upon the authority of No. 19710, decided this
19691. Ex rel. City vs. Indianapolis Union
Railway Company. Marlon C. C. Leave to
file brief amicus curial granted. Appellees
as4v n thirty days to file reply brief.
3714. Moon vs. Pittsburg, etc., Co. How
ard S. C. Motion for rehearing of motion
to transfer denied.
19691. State ex rel. the City of Indianapo
lis vs. the Indianapolis Union Railway
Company. Marion S. C. Petition of E. D.
Salisbury for leave to file brief.
4234. Frank Bird Transfer Company vs.
Krug. Marion C. C. Affirmed. Comstock, J.
I. A common carrier is bound to the high
est degree of care to protect its passengers.
2. And the passenger has the right to pre
sume that the carrier will exercise this de
gree of care towards securing his safety.
3. Where a person is a passenger in a
coupe and directs the driver thereof to go
upon railroad tracks the railroad company
la only bound to use ordinary care to pre
vent injury to such person. 4. When ap
pellant attempts to present a constitutional
question and the cause is transferred to
this court by the Supreme Court It will be
presumed that- such court disposed of the
constitutional question adversely to ap
pellant's contention. 5. A passenger, in a
carriage of a transfer company, is not re
sponsible for the negligence of the driver,
In causing a collision with a street ear by
merely directing such driver to the point
she desired to go; the negligence of such
driver Is not Imparted to such passenger.
G. Where an injury is caused by the Joint
or concurrent wrongful acts of two or more
persons they may be prosecuted Jointly or
severally. 7. In an action for a personal
Injury the burden of showing contributory
negligence Is upon the defendants.
4240. Turner vs. Helnburg. Porter C. C.
Affirmed. Robinson. J. 1. There Is no
statute giving a surviving husband an in
terest In lands of which the wife was seized
during marriage and in the conveyance of
which the husband did not join, nor is there
any statute vesting in the husband an in
terest In the wife's lands sold on Judicial
sale, corresponding to Sections 2652 and 2661".
Burns, 1901, in behalf of the wife. 2. A per
son can only redeem from a sale of lands
where he has some Interest to protect and
where he would suffer damage without
redemption. 3. At common law the husband
had no vested estate In the wife's land un
til there was issue born by the marriage.
4. There is no statutory provision by which
he takes an Interest in his wife's lands by
virtue of his marital rights, nor is he
vested during the wife's lifetime an inter
est in her lands sold at judicial sale.
400. Godbury vs. Ohio, etc., Ins. Gas Co.
Blackford C. C. Affirmed. Henley. P. J. In
the absence of an express declaration there
Is no implied covenant in a lease for gas
privileges that the lessee will operate a
gas well located on the leased premises.
3835. Tin Plate Co. vs. Williams. Madison
5. C. Affirmed. Black. J 1. The general
verdict controls when there is no antagon
ism between It and the answers to interro
gations propounded to the Jury. 2 Evidence
is not in the record when it Is attempted
to be brought in merely by the method
provided by Section 6 of the act of 1899 re
lating to making the evidence a part of the
record. 3. IL must appear that the bill of
exceptions contains all the evidence in
order to get the evidence considered on ap
peal 4. A particular ruling upon evidence
admitted may not be saved for review by
merely bringing to this court a fragment
of the evidence consisting of one question
propounded to a witness and his answer
4212. Jones vs. Mount. Blackford C. C.
Petition for rehearing overruled.
4566. John T. Phillips, executor, et al. vs.
Daniel A. Heidt et al. Vanderburg C. C.
Brief (8) for appellant Union Christian Col
lege. 4687. Amos C. Gwinnup vs. John Shies.
Madison S. C. Appellant's brief (8.)
RECEST LEGAL OP1XIOXS.
Libelous Publications Action by Member
of a Class.
In the recent case of Woffard vs. Meeks,
the Supreme Court of Alabama holds that
where a libelous publication Is directed
against a particular class or persons, each
of the persons composing the class may
maintain a separate action therefor upon
snowing that he is a member of the class
and that consequently the words were In
tended to apply to him. Therefore, a news
paper publication charging the court of
Countv Commissioners with corruption in
the use of money raised by taxation af
f. -rdtd a ground of action by any member
of the court. The opinion shows that the
proposition is nt nw. but is supported by
the grest weight of authority, though It Is
one that Is not often raised. It Is a well
established principle that every one has a
right to comment upon matters of public
interest and concern, and this rule applies,
though the publication is made to the gen
eral public by means nf a newspaper or
otherwise. It Is only when the publisher
goes beyond the limits of fair criticism
that his language passes into the region of
libel at oil.
Judges liability for Official Acts.
A State statute required a guardian to
execute a bond before acting, and another
Statute provided that if the court fails to
take such bond, or accapts such sureties at
do not satisfy it of their sufficiency, the
judge so in default and his sureties shall
be liable to the ward for any damage he
may sustain thereby. Held, that though the
Judg la only requtrad to use reasonable
SEALS, ITENCILI ARO
ctalocui Ktn Bad Gats, cm ec tis ac
. 15 CUmiDlAriSLÖ FjofJ
DR. SWAIN'S HEALTH HOME
73 Middle Drlv?, Woodruff Place
Superior accommodations for chronic and nerv
ous cases. Afternoon office. SSI N. Illinois st.
care to ascertain that the sureties ar
sufficient, he Is absolutely bound to know
that surety of some kind to the bond la
actually taken, and if he accepts a bond to
which the signature of the surety has been
affixed under a power of attorney not legal
ly authenticated, he is liable for resulting
damages. 89 Southwestern Rep. (Ken
tucky, Judge Hobsont, 1087.
Railroads Rights of Passengers at
Where a railroad permitted a person in a
drunken condition to enter Its waiting room,
and he used Indecent language, and while
armed with a knife made an assault on
plaintiff, a female passenger, the com
pany was liable for damages sustained
thereby. But the husband, who went to the
station with his wife to assist her in
boarding the train without any Intention
of himself becoming a passenger, waa not
entitled to recover against the railroad
company for an assault or Indignity sus
tained by him at the hands of such dis
orderly person T89 Southwestern Rep.
(Texas, Judge Gaines), 904.
Physicians Skill Required in Treating
Plaintiff brought suit against defendant,
a physician and surgeon, to recover dam
ages for the alleged earelesa and negligent
treatment of plaintiff's broken and dislo
cated arm. It was held that the care and
skill required of a physician is not to be
measured by that exercised by ordlnarly
skillful and prudent physicians in that par
ticular vicinity In treating a like injury,"
but by such as is exercised generally bjr
physicians of ordinary care and skill in
Criminal Iiw Irregular Juries.
In the California caae of Edward Duncan,
convicted of murder of the second degree,
one of the most novel points recently
raised In a criminal case was urged by the
defense after the verdict waa rendered.
It turned out that one of the Jurors had
not been summoned on the case, but had
come In the place of his son. who had been,
summoned. It was thought that this might
invalidate the verdict, but the decisions of
the Supreme Court of California, seem to
noia to tne contrary.
Bridgeport Allearrd Bsrglsra.
The police at the Union Station yester
day morning, on receiving Information
from Bridgeport that three young men had
burglarised 8tewart's general store during
the night, arrested James Monroe and
Charles Burk, of Cleveland. O., and Frank
Harvey, of Chicago, charging them with
the crime. Thef were taken from a train
that had come through Bridgeport.
Scottish Rite Banquet.
The fall class of '99, Scottish Rite Ma
sons, gave Its annual dinner at the Co
lumbia Club last night after the close of
the proceedings at the temple on South
Pennsylvania street. There were fifty-five
members of the class, and Governor Dur
bin and Lieutenant Governor Gilbert were
the guests of honor.
EVERY POEM A NEW POEM
The BOOK of
His first volume of new
poems in several years.
In line and half tone.
$ I. ao net (Postage 8 cents)
Charles Scribncrs' Sons
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