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I ry I , 1 I ) VOL. XXY 10. INDIANAPOLIS, WEDNESDAY DECEMBER 8. 1875 WHOLE XUMBEttl.82f lit- a Iii I fr I Ii . i ii in in win iiiii a i it vi wi l l' a i vy i it i i i.i in i . .V 1 r CONSTRUCTIVE CONTEMPT, THE BARTHOLOMEW BUSINESS. PRATHER AS A PUTtGER. Forty DoIIcjs Worth of Contempt for a Court that Needs Purging. THE SENTINEL'S CONTEMPT CASE. JL FES PICTURE OF PRATHER WHO WOULDN't HAVE OOSTEMPr FOR SUCH AS HE? The most memorable day in tbo history of Bartholomew county was Friday, Decem ber 3d, A. D. 1875. Early on that eventful morning the citirens of Columbus Jumped from tbelr beds, broke the Ice in their do mestic pitchers, bolted tbelr breakfasts and then mounted their housetops to look out for the Indianapolis train. The idea had become general that some paper in Indian apolis had smutched the parity of Allen s W. Prat her 'a indicia! ermine: that the conrt had thereupon reilizsd that it might under some circumstances be an object of contempt, and acting upon that conviction, had summoned the managers ol the Indianapolis Sentinel to appear and show canse why they should not mount the stool of repentance for contemptuous decs done in the flesh. The delegation arrived within the limits of Pratber jurisdiction prompt) v at ' 9:15. and filed to the COUlt house, and there was lament tion and mach crane in the ranks. The magnitude of the contempt was felt to be sd immense that the parties sum moned jnst thought they would remain at home and send down affidavits and replies to the blind and outraged goddess who rues the scales. The frigidity, a it were, ot this proceeding rather checked, so to speak, pub lic enthusiasm, and there was a leeling of sadness akin to pain in the breasts cf the awe-stricken multitude at the court houae. The luneral procession, composed of two law; era and a sixth of a dozen reporters, passed a few moments In silent med itation, commending their lives and property to Providence, and then passed mournfully Into the temple of justice. Tbo great con- tempted had previously carried himself, including his outraged dignity, into the room and his legal anatomy was arranged in negligee fashion on a plain chair in front ol the bench. This was something of a shock. To find a man who wan capable of being so grievously offended actually sitting on a level with the common herd rather smashed the exalted ideal. But the fleshy substance left for the fancy to dis sect made some amends lor the disappoint ment. LORD CHANCELLOR PRATHER partially opened one eye on the proxies sent by the offenders, then shut it and waited till the clock struck 10, then he arose from his lowly station, and on mounting the bench brought his physiognomy into bold relief. Iiis legal spirit is now imprisoned in a fleshly tenement which weighs over two hundred pounds. A chance obser ver would conclude that some proprietor of a butcher shop bad stolen behind the bench, so repulsive and stupid is the man. There are some stationa in lifo, not too in tellectual in their surroundings, which the present "lawyer" might adorn; but his heavy animal features (which nature has bad the goodness to conceal partially by a growth of whiskers), bin big, coarse, flabby lips; bis doll, sleepy eyes, which be rolls up languidly ;iike a walrus in the inter vals of his torpor, combined with the crooked course ot his legal conceptions, make a compound, physical and mental, which might easily be the object of contempt. Ilia appearance on the bench of one of the most important courts in this state was a paintul picture for trie eye. Though attempting; to buckle on dignity, his manners indicated that a sense of thinly disguised shame had tamed him Into a lee'.ing of wholesome respect for his critics, aa3 this, in the absence of dig nity, served partially to conceal the revenge he wanted to unbridle, but for fear it might like the boomerang, come back npon him self. Hi struggle after some legal brilliant that would give the audience a taint notion at least that he bad a mind was extremely painful and it may be added, fruitless. Wcatcver he t aid told either of the weak ness of an imbecile or the trickery of a croFs roai quack. Iiis elaborate howl of legal mush about the dignity of his bench is given in full below, and will be found to conduce to his rapidly descending reputa tion. By the way, when the chancellor bad heard the arguments made by Mr. Howe, and said he would take several hours to Incubate on a decision, a very honored attorney of the Bartholomew bar, the Hon. Ralph Hill, begged the court not to dissolve into thin air till he could pre sent a petition. He then proceed to drop THE LAST STRAW on the chancellor's iadicial back He said . that by agreement of all the lawyers of the Columbus bar interested in case set for this term, both civil and criminal, he would request the court to file the proper ordsfor their continuance till fcrcH limca Judge Heater could hear tbeai. Je a.Hegd asarea.son.thai Judgo neater, bai already made op the issues for most of them aad thataU parties concerned would ba better satisfied to hav9 the same judge continue through with tbo caea. Then the chancellor rolled up his walrus eye, dropped it, and remarked, with stoical resignation, that the clerk might Issue Buch a general order. Mr. Hill eald they preferred a special record ia ea-h case. The chan cclcr oper?ei bis left orb again and ob served tliat the petition would be honored s they wished. The unanimity of the bar in this matter will bear but one con struction, asd that the reader can draw at his leisure. On Tuesday next, after several cases have been disposed of, Columbus will quietly unbuckle the chan cellor ermine and let it trail on the cm- genial ground, end Allen V. Prather will re tire again to that obscurity from which he was called without the slightest provoca tion. THE FORENOON'S PROCEEDINGS. THE DEFENSE MAKE A MOTION TO DISMISS PROCEEDINGS, WHICH MOTION IS ARGUED UNTIL THE NOON ADJOURNMENT A UTIJOR- ITIJW CTTKD BT TBI PROSECUTION. Mr. Howe At this stage of the proceed ings it Is for the court to determine whether or not there has been sufficient answer to the rule to show cause why the defendants should not be attached. If the court should be of opinion tbat the defendants have fully purged themselves of the alleged con tempt, it would so find and discharge the defendants, and tbat would be the cod of tbo matter. II, however, the court should deem that sufficient caus9 bad not been shows why tbe defendants should not be attached, tbe a the practice would be to make tbe rule absolute, and issue if order to attach the defendants and cause them to be brought personally Into court to show further cause, if tbry can, by an swers to Interrelations or otherwise, why they should not be fine! for the alleged contempt. When the proceed ings should have reached that stage the court could go no further unless the defend ant were personally present in court. There Is a statnte providing that in some caes (misdemeanor) the court mayinilict the penalty in the absence ot tbe defendant by having' some responsible person present to sand goad for tbe fine. Rutin attach ment proceedings it is held tbat tbe defend ant must be personally present when tbe court pronouDMH final judgment. 1 suggest at the present time (1 don't know whether it will be met by tbe approbation of the gentlemen on tbe other side) tbat we go on and present the case as it now stands upon the affidavit upon which it ia based, together with the afüdavitsoi the defendant, as to whether sufficient cause has beeu sbown why tbe deiendant should not be attached. We can do that much. After tbat, tbe record might show tbat the per sons were personally present in court. If not, the only course for tbe court to pursue would be to fend a writ of attachment and endeavor to bring them here. MR. WINTERS' RESPONSE. Mr. Winter As the gentleman suggest if the court decides as to whether or not the return Is sufficient and purges them ot contempt, I suppose tte motion is sustained and that is the end of tbe matter. R it if the return is deemed Insufficient, and tbe court desires to take further proceedings, theu tbe question will arise as to the manner in which wc will proceed. In this motion we filed we declined to make any other an' swer, and we propoe to stand upon it, with out any further answer, whether interroga tarlts are put or no:. Wo think tbe return is amply sufficient to purge these defendants or any contempt of court and have maio it in good faith. Then Judge Jordan read THE DEFENDANTS' REPLY. For separate answer and return to the rule to show cause herein said Lucien U. Matthews says he Is now and was on the 21st day of No vember, J875, In charge generally as manager of the publication of the Indianapolis Daily Sentinel; that the article published in the issue of said.paper for the 21st of November, 1S 7a, of which a copy is filed with tbe nflidavit herein, was prepared by Robert J. I Matthews. Af fiant expressly denies that it was intended by the publication of said rticle, either directly or indirectly. to influence or prejudice tbe trial of tbe canee of the täte or Indiana agal.ist Dick Jones or to prejudice the citizens of ald county or state against said Jodcs r his o ense in said cause or to bring him or his Haid defense into odium or disrepute. On the contva.y, affiant says thst any such lnteut was expressly disclaimed by the lo!. owiug clause of said article as Mated in said nflidavit to-wlt: "The matter, however, that awakens attention In this eae is not the person or deed of the murderer. That is a matter for future investigation, and the Sentinel do-s not wish to prejudice a case pendlDs ibe processes of law, that shall determine the guilt or Innocence of the defendant." Attfant fun her expressly deniea that it wa Intended by the publication of said article, directly or by implication, to bring the Bartholomew Circuit Court or its au thority into odium, disrepute or con tempt or to interrupt tbe due course of justice in said court, or the pro ceedings of said court. On the contrary, when sid article was published It was supposed in good faith by all person connected therewith, from information received by them aud which they believed in good laltn to be true, that said Prather was not then and had not been presiding ai the Judge or id coo it, but that he bad been merely appointed to hear the application of said Jones to be admitted to bail on account of the disqualification of the regular Judge to hear said Application by reason of his relationship to said Jones, and that his connection with said court hadcetsed when said application was disposed of. Aöiant says that as he Is ad vised and believes to be true the aid cause of the state of Indiana against Die a Jones, mentioned In aid article, ana in wtld af fidaviUwas not when said article was published, or when seid afndvit was filed, aod is not now pending in sa'd Bartholomew Circuit Court, but that said cause was heretofore, to-wlt, on thel6th day of November, 1875, sent by change of venue to tae Crown Circuit Court, in which court the same is now and was when said pub icat on was made and said affidavit filed, pending, Affiant expressly denies that it was lntendel by said article to reflect npon either the organization, rroceedings or authority of said Bartholomew ircnlt Court as a court . Afflan t further denies that said article does, or was Intended to reflect in anyway upon the conduct as Judge ol said court of the lion. James H. fleeter, the regular Judge of said Bartholomew Circuit Court, or tbat the same tends, or was Intended to wring tuna .tiesier into odiunl CT dlsrtpntsjud!?e or said court, or to impute to him any corrupt motives or actions in the ap peintmentof aM fratoer, or in soy action la.tny LIm a Judge of said court iu said ease or the 8 late vs. Jones, or in any other matter or thing pending in said court. On the contrary, he says that when said article was published he and all other persona connected with Its publi cation were entirely ignorant tbat said llester had himself appointed said FRATHER TO PRESIDE in said court, and bad no reason to be'lCve nat such appointment had not beeu nre Dy tbe county officers, or by agreemer of tße attor neys In the case, tfofarfro -0, in. tending to Impute to sai Ufegter imptoper conduct in saiacauHiliffl4nt m Ujat Bald nIenuaUon-VA?a,1 formation in com rfr ,Vral(i tester's course, contains a siaiemat that said Hester, when said cauie me O to be heard before him, being in some degree rela ted to the prisoner by kindred, mar riage, or other wine, dfclltmi to preside in said came and appointed Judge Kuskirk to try the same. Affiant further says that the f cts stated in said article in reference to said Trsther oc curred, and are stated to have occurred, at a tlms Ions prior to said November 13, li"5, when said Prather began to p-esldo in said ennrt. That when said article was published afliant suppreed in good faith from information received lv hlrn which he believed to be true that said I'rther been merelv appointed to preside nnon the I bearing of the application of said Dick Jones, to be admitted to ball, on account of the disqualifi cation of Judge Heater to hear Bald application by reason of his relationship to Faid Jones; that bis connection with said court in anv Judicial capacity had ended finally with the disposition of aid application, and tbat he was not, when said artlrlq was published, acting as Judge of said court. Affiant further says that It is true, as stated in said article, that JuUe Uaskirk, of the Supreme Court, had shortly before the hearing by said Piuther.of said application, to be admitted to bail, presided in said Bartholo mew county, to bear an application ny said Jone to be admitted to ball in the same canse. and tbat said Biukir)c heard ail the evidence in said cause, being tbe same evldtnce beard by said Prather, ana upon such bearing, announced as his opinion, that the esse was not bailable and remanded said Jones into custody, and af fiant avers that each and every statement of fact contained in said article, as set out in said affidavit in reference to said Prather, is trne in substance as statt d In said article. And for further Bepar ate return to said rule to show cuse, said Luden U. Matthews says that neither he nor any of bit eodefendann In said affidavit are now or were when said affidavit was filed, or when said arti cle was written, published or clrenlated.reeidenta of Bartholomew county. In tbebtateof Indiana, but that he and each and all of his codefendants were then, and still are, residents of Marlon county, in the state of Indiana. Signed. Ljjcikj O. M atthkws. Subscribed to by C. J. Whitridge, lso:ary Public A SIOTION TO DISCHARGE DEFENDANTS, The answerof defendant, Robert J. Ii. Mat thews, was in tbe same words as the answer of Lucien G. Matthews, with the acknowl edgment tbat be was the author of the of fending article, the Leadlines excepted. Haid defendants then tty attorneys filed separate motions to be discharged, the motion of de fendant, Luden G. Matthews, being in words and figures following: State ok Ismana, Karthoi-omf.w Cotrxrv: Jn the Bartholomew Liren 't lourt. iheetate of Indiana vs. Luden (J. Matthews, et. at. Luden U. Matthews declines to make further answer, and, by hU attorneys, moves the court tbat he be discharged upon this sworn answer, purging hlmseli irom contempt. Jordan Jorpan, Atty's lor Defendant. In tbe same words tbe other defendant also med motion for discharge. The Court Do you desire to present this motion by argument, gentlemen? Judge Jordan I b9lieve we do not. Mr. Howe said that be desired to argue tbe motion, and proceeded with bis argu ment. Ml'EECII OP MB. HOWE. THE COURT ENTRY. Thereupon the court, after hearing the ar guments of the counsel, and being suffi ciently advised, overruled tbe motion by call by Bald defendants, to wbich rule each of said defendants at the time excepts, and it is likewise further considered and ac knowledged by the court tbat the rule to show causa why each of said defendants should not be attached, be and is hereby made absolute, to which each of esid defend ants at the time excepts, and said delend- ants being each (ersoually present in court, and waiving the tiling ot interrogatories, and electing to abide by their alii Javits on die, tbe court finds tha'. each of said defend ants is guilty of a contempt ot tbia court as charged in the information herein. It is tbefore considered and adjudged tbat each ol said defendants is in contempt, and that each be fined in the sum of twenty dollar?, and that they stand committed nntil the fine and costs herein be raid or replevied, to which ruling and judgment each said defendants at tbe time excepted, and now cash of said defendants pray an appeal to tbe supreme court 01 Indiana, which is granted. A LETTER FROM JUDGE II ESTER ON THE APPOINTMENT OF TRATUER JUDGE OK HIS COURT. To the Editor of the Sentinel : Sir: I was greatly pained to see, recently, an article in your paper reflecting on the judge pro tem. of the Bartholomew Circuit Court, for bis action in the case of the State vs. Richard Jones, charged by indictment with murder. It is well known to the Co lumbus bar that I declined to try the cause because of a remote relationship by mar riage with the defendant. Thereupon, Judge Slaughter was telegraphed to try tbe cause. Lie declined. Then, by agreement ot coun sel, JudgeSamnel II. Buskirk was appainted, ana ne accepted ana neara an investigation on an application for bail. He did not finally decido the case, but intimated an opinion adverse to the defendant. The de fendant wus remanded. Tnis closed the case at tbo last term. Following tbe last term ot tbe Circuit Court of Bartholo mew ounty, came the November term 0 Brown county. Early in tbe first week a loved son of mine was stricken with a ma lignant disease and died. Then one alter another cf my family, save one, were a f fllcted with the'sancc disease. In tte mid -t cf such gloom, I appointed A. W. Pratber, Esq., a practicing attorney of this county, to hold court for me here, lie gave general satisfaction . On the first day ol the present term of tbe Bartholomew Circuit Court, be ing to sick too travel, and a little daughter being stricken with the same malady that a lew days before bad caused the death of one memccr ol my family, I requested Col. Prather to hold court for me, a: Columbus, until I should be able to reach there. I made this request to FACILITATE THIS TENDING ECSINESS of tbe court, knowing that every member of the Columbus bar had causes, in which they were employed, awaiting trial, while Col. Prather had none, he being, then, a resident of this place. Owing to my continued sick ness and tbat of my family, one of whom is dangerously ill now, I have not attended tbe Bartholomew court at this term. Under such circumstances can you conceive of a more malignant attack than tbe ar ticle I refer to makes on Col. Prather? So far from having sought to inliuence tbe trial of Mr. Jocca, I have at all time avoided it for tbe reason already given. Since I discovered the relationship, 1 fell it to be better for the parity ot the judiciary that some one not in "any manner connected by blood or marriage should try tbe c&um, and have so repeatedly announced from tb.9 bench at Columbus. lie should be tried ac cording to law, ami by 3 Jud ,u W manner i prejudiced. I have not, anu uo not, propose to institute suit sinst your company or against any Individual. I am not now the judge. Col, Tratber h. He is clothed with mil ower to preserve the dignity of his cVort by attaching and punishing lor con tempt all who improperly Interfere with pending actions In his court. It is his duty to do so. No judge can properly administer the law unless be in vokes that power, so that public opinion may not be poison ei by outside aod false insinuations and charge), and that basest element of society, tbe mob spirit, be aroused by those who, corrupt themselves, can not conceive how it is possible for any one else to be otherwise. James S. II est eh. Nashville, Ind., Dec 2. REPLY. The preliminary remarks of your letter only set forth what was distinctly stated in the article tbat gave you such pain; tbat Jonci wai Indicted for murder, that you had declined cn account of relationship. and Judge Buskirk had heard the testi mony and declined to admit the prisoner to ball. Tbe affliction of yourself and family Is calculated to excite sympathy, and is a pioper excuse for your not occupying the bench, but is no way pertinent to the mat ter objected to, your appointment of such a man to represent you. You etate that he In ' a resident and practicing attorney ol Brown county.' How came he 'to be admitted to practice at your bar, we mean your courtT Who vouched for hm moral character? But having been admitted, being a resident of your county, did you not know ot his habits of debauchery? . You apeak, of special re gard for "tbe purity ot the Judiciary." You manifest truly a deep concern for a spotless ermine ty youir act in appointing Prather to represent you. Were there no other attorneys In your court at Nashville or Columbus that could . so well aid you ia preserving "the purity of tbe ju diciary?"' To say so would be a slander npon the bar at Columbus, that unani mously agreed to defer their pending canes, save a lew, until you should be present, rather than prosecute them under your appointee.. It Is strange if Prather gave satisfaction in Brown. He gave no satisfac tion in Columbus as tbe action of the attor neys there attests. You profess -great aver sion to a prejudiced judge sitting npon the bench. Did any pangs of conscience trouble you when 'you made your charge to the grand jury that indicted Jonea for murder? Was there no Indirect, yet positive admoni tion that no bill for murder in the first degree should be.returnei? Did not tbe people understand what you meant? and was it vo tbe clearly expressed public opin ion of that charge tbat forced you to call another judge to try the cass? Your actions have invited theso Inquiries. No attack was made upon you or your action in the columns ot tbe Sentinel. On tbe oontrary, in the article which you characterize aa "malignant," your declining to preside was set forth. You have rusbd forward, even while aflllcted, to the defense of Prather. As I can us no fitter word, you hounded Pratber on to arraign tbe Sentinel for con tempt. In your letter you wonld make the public believe that you did not instigate this dastardly persecu tion. While at the . same time your tool on tbe bench that you had been con strsinei byyoar intense regard for "the purity of the judiciary," to appoint in your place, publicly'.stated that it wan your de sire thai this thing should be done, and tbat no personal feelings constrained his action In proof of your duplicity in this matter, you wrote a personal appeal to an attorney of this city to prosecute the contempt cae. One hundred dollars In cash were paid out oi the funds of Bartholomew county for his services aod fifty more to the prosecuting attorney. You would not institute the suit yourself. Tbat might cost you something. It ought to co.st you every dollar that has been paid out by the county. But you do it indirectly and make the eounty pay Jor it. It Is no wonder that you say tbat you will or ng no suit against the Sentinel, it is understood that once before you felt aggrieved a, the Sentinel, and was politely invited to saek redress through tbe courts, with the promise of the payment of all cos's by the company, wblcu you declined. Again in your letter you misrepresent a fact, that the Jones case wss pending in tbe Bartholomew Circuit Court when the offending article was published. In this you differ from yonr representative on tbe bench only in that he swore to the lje while you only indirectly asaert It. You know, if you know anything of law, tbat tbe (Sentinel wa not guilty of even constructive con tempt. Yon know that Prather had no jurisdiction over tbe defendants. You would make tbo public believe you weie sorrowing in alllictlon, yet, while a jadge of the law, yon were urging its violation and advising the unlawful seizure ol the persons of citizens, and the commission of that crime against liberty that every American frceiran will reicnt. Your explanation of your action is weak and contemptible, and it becomes you ill to speak of others being corrupt. You have rushed forward to jus tify yourself for placing in a high and re sponsible position a eorrnpt man. A word of apology would have sit is tied tte public, but, justifying, you merit the same contempt that is due to the illegal, malig nant and infimou3 aqt of your representa tive. Henceforth the Sentinel disregards the person of Pratber, and attaches the odium of bis acts to you. In him you have violated tbe decencies and proprieties of judicial character. Shielding yourself before tbe public with a plea of lamily and personal affliction, you privately urg on, with furi ous wrath, your miserable tool. It is now really doubtful whether either of yon can bring yourself up to the level of tbe Sec- tlnel'a further contempt. TUE SEX INEL'S CONTEMPT CASE. A PORTION OP THE DEFEN DA NTS PURGED AND bl?iü T.HB CASE. OP THE REMAINDER CONVINCED. - Agreeably to the summons, Messrs. John C. Shoemaker, James It Ryan aud Luciene G. Matthews filed into' the elegant court room of Bartholomew county, at Columbus, yesterday forenoon to answer to the charge of contempt of court. They were attended by their counsel, Mr. Ferd. Winters and: Judge Jordan. The bench was still occupied by the tempo rary judge, Allen W. Prather. The pro ceedings wero opened by State's Attorney Browning, wbo moved to dismiss tne case already entered and to submit a new affida vit and information, which only diflered from the former by some verbal changes and by the addition of the names of Willis S. Webb and Robert L. Matthew, as co-defendants. The counsel for tbe defense ex pressed their willingness to take up tbe case Immediately without waiting for the for mality of a rule to Issue for the defendants to attend and show cause., Br the agree ment of Messrs. Browning and Uoe, wbo appeared for Judge Uester, Messrs, Shoe maker and Ryan, for themselves and Mr. Webb, after having been put upon their oath and hsvlr.g stated that tbey had noth ing to do with tne preparation ot tbe article in question, and had no knowledge of it until after it appeared, were declared purged of all contempt and bidden to go in peace. In tne caso of Mr. Matthews the counsel for tbe defense then, retired to prepare an answer. At 3 o'clock the court was again opened, and the counsel for tbo de fense presented an affidavit of Mr." Mat thews admitting the publication of the sid article and his responsibility theiefor. ' but denying all Intent to prejudice tbe case over which Jadge Pratber had presided, or to heap odium on the Bartholomew Circuit Court, or on Judge Hester or Judge Pratber in bis judicial capacity. The counsel for the prosecution professed not to be satis fled with this document, and asked lor .more time in which to prepare their case. After good deal of legal sparring, the counsel for defense finally yielded tbra point, aod the case was continued until Friday morn- ins at to o'clock. ...... ! PBATHER'S RECORD t I 1 A Leaf from a Fast Lire's History. GOVERNMENT CONTEMPT FOR HIM. THIS RECORD OP TBE UNITED STATES COURT IN THE CASS OF ALLEN W. PRATBER, HERE TOFORE REFERRED TO IN THE SENTINEL. United Statks or Amehica, District of In diana. In tbe Circuit Court or the United States, November tenn, djti. Tbezrand Jurors of the United States, within ana for the district of Indiana, lmpanneled, sworn and charged in taid court, at the terra aforesaid, to inquire for the United .S'fs within and for the dUtrictof Indiana aforesaid. upon lue'r oaias pres-nt mat Alien w. Prather, late of bald district, at the district aforesaid, on the ninth day of August, In the year of our l-ora one thousand eight hun dred and sixty-nine, unlawfully, knowingly and feloniously did then and there, falsely make, forga and counterfeit a certain deposition and affidavit in writing for the purpose, then and there, ot enablinK the said Allen W. Prather to receive, procure and obtain from the United Stales a large sum of money of the property of the united Htate, to-wlt, the sum of four hundred and fifteen dollars, which said false, forced and coun terfeited deposition and affidavit in writing is in the words and figures following, that is to say: Deposition or t wo witnesses: Htateof Jn diana, county ot Bartnoloraew, ss: Be it known that before me, Allen W. lTatber, a notary public, personally appeared James W. Dnnlap.of Bartholomew ounty, Indiana, and William 11. Beck, ot Bartholomew county, In diana, who are krown to me as credible wit nesses, and made oath Indue form of law that the above oaih of identity by Henry C Short as guardian has been exhibited to us; and tbat, to our certain knowledge, the wards and pensioners named therein, viz. Marearet Shw, Matilda V. r haw. Lvdia A. Khaw and Virginia Alice haw, who are rtr- sonaliy anown to us, were living on me itn uay of March. 19. witnesses when mark is made. James W.Dunlap, W illiam II. Bt ci. with intent then and there thereby to cheat, deceive and defraud the Lnited ötates, contrary to the form or tne statutes or tne united Htaies in such ease mada and provided, and against the peace and dignity of tbe United States or America. And the grand jurors afore said on their oaths aforesaid, do farther charge and pr sent tbat satd Allen W. Prather, late of said district, at the district aforesaid, on the tith day or A u trust, in the year or our Lord one thousand eight hundred and sixty-nine, unlaw fully, purposely, knowingly, feloniously, and raueiydtd then ana there ruaae. forge, and counterfeit for the purpose of thereby receiving and procurinc lrom the United States, and from George H. Prouse, an ageui ana o nicer inereoi, a large sum 01 1110 n eysof tbe United States, to-wlt, the sura of four hundred dollar a, a certain deposition and am da vlt In writing, which said false, forged and counterfeit deposition and affidavit in writing is to tne tenor loiiowing, mat is to say : "State of Indiana. County of Bartholomew, ss. Be it known that before me, Allen W. Prather, a notary publie, personally appeared James W, Punlap, of Bartholomew county, Indiana, and William II. Beck, of Bartholomew county, Indi ana, who are known to me as credible witnesses, and made oath in due form of law that tbe above oath of identity by Henry C Hhort. as guardian, has been exhibited to us, and that to oar certain Knowledge the wards ana pension eis named therein, viz: Margaret flhaw, Matilda C. Shaw, Lydia A. tshaw and Virginia Alice wr. aw, wno are personally Known to us, were living on me uu uay 01 juarcb, la y. "Jamks W. Dcklap, " Wita.1! H. Buck." Sworn to and subscribed tbls ninth day of August, im, before me, A.w. iTather, with Intent then and there to cheat, deceive and derraudthe United states, contrary to the form of the statues of the Urited Htates. in such case made and provided and against the peace and dignity of the Lnited states of Ameitca. And the grand jurors aforesaid, on tbelr oaths aforesaid, do fur ther bärge and present, that said Allen W. Prather, late of the said district, at the dis trict aforesaid, on the ninth day of August, in theyear of our Lord one thousand eight hun dred and sixty-nine, unlawfully, knowingly, purposely and ieloninusly did, then and there, falsely make, forge and counterfeit a certain writing, for the purpose of enabling him, the said Allen W. Pratber, to receive, procn re and obtain fr sm the United States aud from Charles W. JttrouRo, the agent and officer of the United States and in charge of the pension oRiceat Indianapolis, In said district, a large um of money, to-wlt, tbe sum of four hundred dollars, hich said sum was dne, and coming to one Henry C Short, as guardian of .Margaiethhaw, Matilda fc'haw, Lydia Shaw aud Vlrin!a Alice Shaw, pensioners, which said false, forged and counterfeit writing Is in the words and figures following, that is to say: Beit known, that 1. Henry C, Short, do solemnly swear, that lam the guardian "B" of the orphan sisters of John W.Shaw, and tbat Margaret Shaw, Matilda (J. Shaw, Lydia A. Bbaw and Virginia Alice Hhaw, are stUl living, and the identical persons namd In an original certificate, which certifies, No mm .'. that Margaret Shaw. Matilda Shaw", Lydia A. Hhaw and Virginia Alloc Bhaw, orphan sisters of John W. Shaw, wbo was a private in company A, LMu Regiment ludi- ana volunteers, entitled by the act of July 11, 1SM4, to receive pay at eight dollars per month, commtuclDg on the dth day "A" .November, 1MH, and ending on the tith day of April, IO, payable Henry C. Short, guardian. Lated 6th day of August, 18t, and slgntd W. T. Otto, act ing secretary ol the Interior, aud by II. Van Aeruam, commissioner of pensions. That I have resided In , No. street, In the county of Bartholomew, state of Indiana, for eight years past, and previous thereto in Ohio. My wards reside in Bartholomew county. led. Also, I do hereby censtitnte and appoint Jos. P. Wiggins my true and lawful attorney, for me, and in my name, to receive from the agent or tne united states ior paying pension, in Indianapolis, state ot Indiana, the pension of my wards from the fith day of .No vember, isw, to tne n nay or -ircii, iw. Witness my nana aca seal mis sin uay oi Arteust. le'. Hekut C. SuoKT.'Onardiau. L. S.) Postoftlee address, Columbus, Ind. Higntd. sealed and delivered in the presfneeof JZT. K. 1 RATHER, John H. Hkss, State of Indiana, Cucntvof E a k t d 0 lom r w, bfj.t Belt known tbat on the ib day of August, m, personally appeared beioreme, the above named Henry C. Hhort, nd exhibited the pen sion certificate of bis wards.dated August 5, 1Ä, and made oath in due form of law to the truth of tne foregoing statement, subscribed by him, and acknowledged the above power of attor ney to ba his free act and deed: Icertlfrthat erasure marked "A" and Interlineations marked h and C were made before signed by pensioner. (eal) all n W. Prath vr, (adding his official character,) 1 DkPoSiTidS OF WO WTTXESäEii. Rr-ATLOF IxDiASA, County ov Uabtkolomf.w, Be it known that before me, Allen W. Trather a notary public personally appeared Jame s W uanlap, of Bartholomew county, Ind., and Wil liam H. Beck, of Bartholomew county, Ind., whoare known to me as credible witnesses, and made oath In dn form of law th&t the above oath of identity by Henry C. tshort, as K rdian, has been exhibit- to us, and that to our certain knowledge the wards and rn?lfrs named therein, vir: Margaret Shaw,. Matilda V Shaw, Lydia A. Sbaw, and Virginia Alice Hhaw, who aro personally known to u. were living on tbe4tu day of March, ist. Witness when mark ia made. James VV. Düslav, Willi 4M II. bKCK. Sworn to and subscribed this 8ih day of August, ItiO, beiore me. ,, ISEAL.I A. W PRATH KR.N. P. With intent then and there thereby to cheat and defraud the United W a Us, contrary to the form of the statutes of iho United States in ßneu case renae u i'w'u) against th peace atd dignity of tr-e United States of America. Thomas M. Bnowvr United States Attorney. TOIaItA .?TATkOF AXEEICA, DXWWCT Of In the Circuit Court of the United States in an.l , for the strict of Indiana, for the Term May.ltW. Allen W. Pratber the United States. Indictment for Forgery muea ö,Anih''."aid.Ayen W-rTaüief, defendant ia the aboventitled cause, comes in his own proper Lobert N. Lamb, and saving and rKefrlnir to himself alt and all manner of except toasnd objections to said indictment oa amount of t hi mannest and man 'fold errors, and insafflcienri.- In law thereof, and all ri8ht to cintraven? t ht same, and to plead ot guilty thereto irenerall v tajs that be did not commit and , not guilty any or either ol the said supposed neivieV erlnoe and forgeries aplflea Md "eTJ gUnst him In said indictment or la any or either count thereof, within two yeirs nest pre- Ä!.P.r,!nment Afld wtorn of said in. i ÜkJT?''1 cour- nd bis he la ready to erify. Wherefore he prays Judgment, etc. UOKDOX ft LAMB, . -atty's for Defendant. District or Ixdiaxa: ; I .John p . Howland , clerk of the Circo It Court of the United states, ror the instrlct of lnd:2aa! . --ww va iajv lUUlCkUleCl Du plea lu a cause In aid court entitled. "United States versus Allen W . Prath . fn- .kI same now appear on nie in my office of the dates of ovember 22, lwi, and May 10, ;st2, re spectively. -. thU9?H7rndaildIne "ral of 'aid court, tbls 2d day of December, A. D. 1K7.S. öeai .J J. r. Howlahd, CJerlc. District of Isdiaxa: I. Walter Q. Uresham, Judge of the District Court of the United Stales, lor said dUtrlct. '.o certify that at the date of the forecoicg cert.n. cate, John D. Howland was, and now is, th clerk of the Circuit Court of the United Hate. forsaid I district, and tbat hi attestation afore said is In due frrin or law. Witness my hand this second day of Decern- br.H'5. W.CLQKSfcHAM. TENDER TRIBUTE TO IHK M KR ITS AND MEMORY OF THE DKAD VICE-PKESIDBNT. The Herald, ot yesterday contained the fol lowing tender tribute on tbe death of Vice Piesident Wilson; Tcej gjy of Henry Wilson that he told his attendant that on tbe morning of his attack he apprehended death before he could reach the Capitol. "But even then," said he, "I felt no fear or anxiety! I felt tkn. I should cot pass out of the universe, nor beyond the reack of God's love and care." A reliance on divine wis dom like this is so beautiful, and seems so marly like what God would have his creatures feci, that it should be written in every heart as the belief ol ono who nLood' on tbe utmost shore of time about to drift out on tbe great ocean of eternity. It implies a trust hlRber than faith and better ttaa hope. Tbtss are not the words of a self satisfied man, one who believed In his future preservation be cause . he believed in himself, but tbe ex pression of one whose trust in Oed was part of his mind, inborn and not to be shaken; whose belief in him was not the eiowth of reason and time, but the natural basis of a BROAD AND LIBERAL INTELLECT, unbound by set limits aud ua warped by narrow predulees. How men meet dexth is a subject that will ever pcBsesa the deep est Interest for human kind. Not all the preaching- since Adam can make the great mystery other than a mystery, tbat each soul must solve alone in the pUenca which covers;the river that is just beyoud the boundary of lite; but when one stands at the brink and calmly tells that he goes over fearlessly, something like new hope inspires tbo?e who have neither the faith of the Christian nor the trust of the believing. There are all ways of meetinjr death, and undaunted courage is often exhibited by thot-e who are alien to talth or trust. The" fearlrssLeta of Oeir, the bosfct of millions, was tbat kind ot courage which faoes the inevitable, un flinchingly recognizing neither doubt nor hope. To sach a soul it would Indeed seem 44 most strange tl. at tarn : &;n1d fear, Seeing that death, a riw -.nrv hiJ, Will come when it wiit cciue." Were it known to that eeitstnty that ünite things are known, (but dia'.h l'?." down the final curtain on all tbe -i is cf mortals, every soul.no doubt, ouli cilmlj meet it; bnt it is the uncertainty, tbe darkly-painted mystery tbn over shadows it, which appalls. It ;s the te ilet of many that the different religions taucht have croated this oyster v. aod weakened tbe trust that all human beings were originally endowed with. The aborici- nesof every country iurnish sometLing like proof ol this theory, believinir. as they did. that the power that set this world in motion would take care of all in its own good way. Few persona ol such perfect reliance in God could be found who, standi! g in tte pres ence of tbe terrible Azraei, cjnld say as did Air. Wilson."! lelt tbat 1 should not pass out of the universe, nor beyond the reach of Cod'd love and care." When it Is re mem- bored that this is tbe utterance of a man to whom LIFE WAS FULL OF HONOR AND PROMISE, and all tbo prizes worth striving for, its grand sign.ßcauce and beautiful reliance will be undev.ood and felt. Had he been a morbid cynic, worn out by the disappoint ments of life, and wearied with its un?atis-. fyins gif s, be would have welcomed death wit the rash tagernefi of bia kind, not as the certainty of w . rnothing better, but some thing else. As it was there was nothing of tbe boks'ful spirit or the pious egotist who is willing to leave this world, because his egotism assure him he will be specially favored in the next, but a trustful repose in tbe goodness ot a Cod wbo would care for his creiuires ic whatever part ot bis universe bo called them to. .Let us be tbaoklul lor tbe beautiful faith in death as well ss the blameless life of our dead vice president. " ' JAMES FISF.'S WIDOW'S LEGACIES WILLIAM M. TWEED, FÜSK, AND WOODWARD - AXD THE KI?JTH RKGISfEJvT'S ABMORT. The New York San of Saturday says: Paran Stephens leased the third and fourth stories of a building in West Twenty-sixth atrfiat to tbe city lor an armory and drill w - room for the ninth regiment. The late Jauies Fisk, Jr., then colonel of the regi ment, wished seme repairs and improve ments male, which Mr. Stephens consented to if Fk would obtain the consent of tbe city authorities and be responsible to the extent of $7 ,000 tor the expenses. lie went to Wm. M. Tweed, then commissioner of public work?, to obtain his consent, and Mr. Tweed wrote to WToodwa-d: "Author ize this to tie amount ot fT.OOO." Then Mr. Stephens was informed, by Colonel Fi-k's di-eettor. that be "would be responsible for whatever Twtei said." Alter Fi-k's death, Mr. Stepheus' executors, John L. MeicLer aui olUrs, put in a claim before the surro gate agaiosi. FUsk's estate for $12,000. The re'eree reported in favor ot the claim. The Supreme Court General Term hasafiirinei thejudgment, Premier Steinberger is negotiating with a Chicago Joamali't to g'Jtrt 8 nawsrajjerat hamoa.