davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
GRANTING NEW TRIAL-APPEAL.
1854. William Hines VS.. James I. Drive

IO,o44. Nllllam Hines VS.. James L.. Driver.
Hamilton G, e..
Niblack, 1.-THE proceeding provided for after
the close of the term by section 563, r. s., 1881.
is practically a substitute for "A suit in ehaneery
to obtain a new trial, and the final order IN such
a proceeding is the equivalent of the final decree
in such a suit in chancery, and when, under such
q proceeding. a party has been deprived of the
benefit of a Judgment which he has obtained by
the granting of a new trial, he may appeal to
this court before proceeding further ia the
original action. If the applicant for q new trial
may appeal when a new trial is refused him., tine
respondent may also appeal when "a new trial Is
granted to his adversary. Rehearing denied.
CORPORATION DE FACro-CoLLATERAL ATTACK.
10,042. John C. williamson VS.. Kokomo Build
ing ami Loan Association. Howard c. C.
Elliott, J.-Where a building aud loan fund as
Sociation signed ana acknowledged articles of
association as the law requires, and filed them
in the proper recorders office, but fled "A certi-
fed copy instead of a duplicate In the office OF
the Secretary OF State, aud the association IN
good faith assumed the exercise of corporate
functions, it becomes a corporation de faeto
which cannot be cOllaterally attacked. (73 Ind,
60; 50 Penn. Stat, 500; 10 N. Y. 1872; Law Of
Building Associations, sec. 5049 An association
Will be regarded as "a de faeto corporation where
there is a law authorizing the creation OF such
corporations and there was an attempt III good
faith to comply with the law, the only error be
ing in the filing of a certified copy, instead of "a
duplicate of the articles, and where there is also
an exercise of corporate functions. Judgment
affirmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27

Hon. Pierce Norton. Judge.
State va. Frank Ball; petit larceny; withdrew
plea OF not guilty ana pleaded guilty. Sentenced
10 ST. fine and thirty days in jail.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27

crates of vegetables. against LIS crates the
corresponding period of 1882; aud 1928 barrels
of potatoes, against So barrels in 1882.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27

FRANK WILLIAMS, Indianapolis, says; One
bottle Of Browns Iron Bitters cured me of dys-
pepsia."
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27

These trst-elass. full-powered steamers will
sail from New York f THURSDAY.
First CABIN. 500 10 $40, according TO accom-
mOdati0ns. Return tickets, S1l0 TO $3.50. Sec
0nd Cabin. $40. Return tickets, $40. Steerage.
outward S26; these steamers carry neither cat
tie, sheep nor pigs. Prepaid tickets for Storage
passengers from Europe reduced to %2I.
Apply to FRENZEL BROS, Agents, IS East
Washington street, ALEX. METZGER. Agent, ,.
Odd fellows Hall. JOHN H, OHR, Agent, IN
dianRpolis; AUSTIN, BALDWIN " Co, General
Agents. 53 Broadway, New York.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
JOHNSON 81 co.
Corner Of Georgia and Delaware SITS.
BRYCE'S BAKERY.

Only one quality of CRACKERS made, and
that the best. Wholesale price, Gle cents, and
retail 10 cents per pound.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
THE U RECORD.
supreme Court-June 80.

Hon. William f. Hiblack. ~ lei Justice.
TEXTBOOK Observation-Disclosures.
10,3Ss. George II. Finch va. James Bergins.
Newton C. C
Howk, i'm it's instructions to the jury the
court gave almesJ q literal transcript of section
200 of Greenleaf on Evidence, in regard to adj
missions. 1t is proper matter OF argument that
such evidence is subject to imperfeetion, and
discredit. and the court may direct the jury's
attention to the subject. but may not say as a
matter of law that such evidence in a particular
case ls subject to much imperfectlon, and that 1t
frequently happens that the witness, by unln-
tentionally altering a few expressions really
used, gives an effect TO the statement that Is at
variance with what the party said. &c Ind,
272; "a i'd, 60; 55 Id, 455; Il i'd, l49.J Judg-
ment reversed.
CRIMINAL LAw-AFFIDAvIT.
11,O19. John W. Beller VS.. The State. Wayne
G. c..
Elliott, Jan affidavit upon which an in
formation is based is not bad because
1t doe S not state the name of the afiant In the
commencement or body. his nalne being signed
at che close of the affidavit. Courts take judi
eial notice of the names and official signatures of
their affairs and that they are genuine. az Ind.
932J There was no error 10 the Instructions,
Judgment affirmed
PRAcTIcE-BILL OF Observation-Disclosures.
1O,169 Joseph L~ongworth ct al. VS.. john High
am Switzerland {. c.
hammond. J.-Superhuous matter certi-
lied by the clerk as part of the record ts harm
less except as to costs, as it is not regarded az
part OF the record. A motion to strike it out viii
OhctS!oES b6OFHtTutbN. tobf- ODO. II. .. 1851
Ii is the duty of the trial judge to see that the
bill of exceptions speaks the exact TRUTH and TO
this end he may make proper amendments at
any time before the bill Is filed, within the
time allowed for fling the same. The suit was
by appellants upon notes and a mortgage, and .
number of pay ments were made, but
a calculation of all the payments
and interest shows that there
was due Sc, 700 TO the appellants at the time OF the
trial. The debt was not paid in full, nor cousld-
cred as being paid in full, but even had the par
ties intended that au amount less than was
actually due should pay the whole debt 1t would
not have discharged the debt. (2S Ind, 4SS; 81
i'd, 5l2) Judgment reversed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27

HERCULES POWDER, SAFEST AND
! L strongest powder In the world. Powder.
Cans. Fuse. and all the tools tor Blasting StuuIuS
Kept 10y C.. II. JENNIE, sole Agent. 2949 North
Pennsylvania street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
OCEAN STEAMERS.
STATE LIN e
BETWEEN

New York and Glasgow. Liverpool,
Dublin, Belfast and Londonderry.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
PATENTS, MODELS AND PATTERNS.

MISC EOUS
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
TRAGEDY IN KEADING.

Suicide OF Daniel FRANCIS, Formerly Pro-
priotor OF the spirit Of berks."
Daniel 8. Francis. one of the bes,
known citizens Of Reading. committed
suicide yesterday by shooting himself
through the head. He left home shortly
bofOre O'Clock, it was supposed, for din.
ner, and bis brother Samuel went out into
the stable to look after his horse. He
found Daniel stretched out at full length
in the gangway, pistol in his right hand.
He had bsen dead about an hour, passere
by having heard pistol report at about
II o'clock. Mr.. Francis occupied an
elegant mansion on the Mineral Spring
road, one of the fashionable thoroughfares
of the city. He was warden of the county
prison for three years and published the
Spirit Of Berks newspaper, daily and
weekly, one of the Democrats organs of
the county, for several years. Recently
he was in the coal business. His age was
So, and he leaves a wife and three chill.
dren. Ill health and financial embarrass
msnts lad him to commit the deed.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20

ing every circuit sixty-nine operators,
tho full day forcs on duty. Cleveland
A good working tosss On duty. Also at
DeeEoit and Toledo and moro men are
coming in. Hinsapolis = All circuits
manned. Omaha-Will have nearly full
force ut the principal points BY TO- morrow
morning. San Franoisco-Of tho fall reg.
ular force of c9 operators 16 Joined the
strikers. All va1ancies will be filed to-
night. At St. Joseph, NO., tho full force
has returned to work. Des Moines, Iowa
There ID only ono striker. A report from
the Indianapolis district, embracing In
diana, Eastern Ohio and Western Illinois,
shows all points, except three or four,
with full forces. F. H. Tubbs, superin-
tendent of the Chicago district, reports
that eighty good operators went to work
Immediately after the strike and business
was practically clear at thres, o'clock.
Reports from the Chicago district, en-.
bracing most of Illinois, Wisconsin, Min
nesota, iowa and Dakota, show nearly full
forces at most points and business gener
ally clear.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
YnAruREs OF TIM STATE PRESS

: y0ATURk0 OF THD STATE PRE-
: Locking at tho funny aide Of It, 10 tAs
PittiburzA Telegraph Nr.. Wharton Bar
nor seems to be the I" Toots Of politics. !"
The Scranton Republican deprscstss The
howl against the jury system whenever .
verdic: is rendered contrary to the current
of popular passion.
The Philadelphis Chronicle Herald loud.
ly calls for an investigation of the alleged
bartering away of q seat on tho supreme
bench in return for Jay Gould's oontribu-
ton to the Republican campaign fund.
The Pittsburgh Post has the highest -.
surance that under no circumstances viii
Tilden permit his name to como before
the national convention In connection
with the presidency.
The Philadelphia Ledger declares that
the Republican state Senate by another
day of factious and obstructive proceed
ings, has put itself still further in the
wrong in tho apportionment contest.
The Carlisle Herald, Rep, thinks Gov.
Pattison owes his present position more
to John Stewart than to any one individual
in Pennsylvania Likely Stewart was MOI
aware of this.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
Tho Buffalo SBngorfest.

The Sangerfest in Buffalo closed yester.
day with grand parade of the societies in
the morning, aud an out door festival In
the evening. About 900 persons atten.
ded the festival. During the S@ngerfest
the receipts from the sales of seats were
81, $50, and the expenses for singers, and
hotel and railroad expenditures amounted
to $22. AS. 1t is hoped that not more
than 25 per cent Of the guarantee fund
will be called for to meet a deficiency.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
NElGhBURhOOD NEWS.


events Near and Across tho County Lines
Cholera infantum is prevalent in Read
ing
The body of William Boyd, which was
buried at Phenixville several years ago,
was disinterrod on Wednesday and found
to have petritied.
A jury appointed to view the DeKalb
street bridge, at Norristown, with q view
to having it made free, is in session ii
NOrrist0wn. The greatest interest is taker
in the matter, and the company operating
it will make strong fight to have it con.
tinued as toll bridge.
john Carter, colored, of Steelton, at
tackled two men of his own race, whom he
found making love to Mrs. Armstrong, his
boarding house mistress, and upon whom
he had been lavishing his affections.
Carter was 80 badly cut with razors that
he will die.
The steel mill and two of the furnaces
of the Bethlehem iron company, at Beth.
lehem, Penn, were put in operation yes.
terday with reduced force of men, (which
will be increased daily until tho full nam.
Der is at work." About 100 men have
been sworn in as special policemen for the
protection Of those at work.
Yesterday afternoon Philip Staegmayer,
proprietor of beer saloon at 1000 Market
street Philadelphia shot and instantly
killed his wife and then committed
suicide by shooting himself. A small
sum of money possessed by the wife
is supposed to have been the cause of the
trouble.
The adjourned hearing by the Maryland
board Of public works OF the proposition
of the Philadelphia branch of the Bslti
more and Ohio railroad company to bridge
the Susquehanna river ut Port Deposit
took place yesterday, at the railroad com
pany's Office in Baltimore. A number of
business men, mostly from Port Depot it
opposed the building of the bridge accord
log to the company's plan, which provides
for . structure 50 feet above high water,
without . draw. They insisted that, in
order not to interfere with navigation, it
should be 100 feet shove high water, and
have draw. A decides Il expected ct
4nsspolis On Thsss1a1 nssk
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
Almo0t n FlrO.


A thrilling scene took place at the resi-
depce of Mr.. A. c. Kepler short distance
north Of this city on Wednesday night.
Mr.. Kepler, his wife and children occupy
three adjoining bed rooms. Their beds are
provided with canopies TO keep away
mosquitoes. Mr.. Kepler had retired for
the night and his wife was in the adjOin
ing room, having just put 70 bed ono
of the children. Near the bed was q
bureau on which . lighted lamp
Was standing. A gust Of air through
like canopy against the lamp. In an
instant Il was all ablaze, the child lying
in the bed surrounded with flames A
scream from tho mother brought
Mr.. Kepler to the rescue. He
seized tho burning canopy, tore
it down, and, he hardly kaows how.
succeeded in exting gushing the flames and
saving his child Had hs been q moment
later it il moro than probable that loss of
life aud property would have resulted The
accident may serve as warning TO others
to kesp their lamp and 1as burners Ut .
safe distance nom their eanopiss.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
Fell from . AouSetop.

At Middleport N. Y. Gilbert ]. Hine.
. leading citizen, aged seventy was pick
ing cherries from his heusetop when he
lost his balance and pitched bead first
twenty five feet to tho ground, crushing in
his head and breaking his arms. Death
was almost instantaneous. The deceased
was one of the most enterprising residents
of the place.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20

cost or expense of doing them, the
opinion said We think this question
admits Of but one answer. The Gxcuse
has in law no validity. Tho duties
imposed must bs discharged ct whatever
cost. They cannot be laid down OF
abandoned or suspended without the
legally expressed consent of the state
The trusts are active, potential, and
imperative, and must be executed until
lawfully surrendered otherwise pub
lie highway of great utility is closed OF
obstructed without any process recog
nized by law"
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20

In all the estimates which have been
made of a fair apportionment in this
state, based upon the relative strength
of the two great political parties, the
presidential vote Of 1880 has been the
basis of calculation, because it is the
fullest and, therefore, deemed the fairest
trial of their strength. 1t is eminently
fair to the Republicans, because to con-
cede them the advantage of $1,000
plurality is an extra. liberal allowance.
Upon this vote, as the Times says, the
Democrats are entitled to fully twenty.
three of the state senators !; they have
all along been willing to take an appor.
tionment that gives them twenty. two to
twenty. eight for their opponents.
The latter insist on giving them
only twenty. that is, they Offer
them, as they say, twenty-five, in
Guiding the districts of Montgomery and
Lackawanna. But both the latter coun'
ties were carried by the Republicans in
1880, and as that is the only vote upon
which the apportionment estimates art
being calculated, the wiring in and
wiring out of the Republicans is only ar
illustration of their determination tC
make no apportionment unless they car
get dishonest, unjust and untrue one
To the people and the polls with the
issue!
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
PERSONAL.

PERSONAL.
w. P. BR1NToN, esq.,, is at Ocean Beach
A. J. CAssAT is said to be slated for th,
presidency Of the Denver & Rio Grand'
railroad.
COLONEL NJ. RICHARDS MUCKLE, of the
Public Ledger, will start on q European
tour on Wednesday next on the steamshiI
iceland.
DORSEY is challenged by Garfield
friends to produce the proof that he wa
ever offered a cabinet place. Probably
this is what Dorsey has been waiting for
SECRETARY TELLER. it is reported, vii
mako an effort to havo waived 80 much o
the civil service act as requires examins
tion Of women who are applicants for Mint
hundred dollar clerkships.
SIR CHARLES MICHAEL WoLsELEY,
baronet. was married yesterday In the pro
cathedral, at Kensington, to Miss Anti.
Theresa Murphy, daughter of Mr.. D. +.
Murphy, Of San Francisco, Cal.
TON THUMB was buried yesterday, ani
to protect his body from resurrectionists
before the grave was filed, there was low
cred upon the casket, by aderrick, slat
of granite of many tons weight.
THOMAS HARDY, in his novel, But Yet
a Woman," says: Mature is like 8
woman. In the morning she is fresh from
her bath, at noon she is in her working
dress, and at night she wears her jewels
As for me. like them both best in thu
morning."
CHIEF JUSTICE WAITE was thrown from
his horse while going from Livingston
NJ. T., to Yellowstone. He received pain
full but net serious injuries. which viii
prevent his proceeding with the party
according to programme Judge Waite
will return to Fort Smelling.
MAJOR WAssoN, sent to the Leaveu-
worth military Jail to serve 18 months fol
embezzlement of money belonging to ths
United States pay roll, bore up bravely
until at the penitentiary it came the time
to shave off his elegant blonde mustache
which was four inches long. Then, thl
guards report. he shed tears.
Rev. DIR. ]. w. WOoD has rendered
verbally, his resignation as pastor of thu
first Presbyterian church Uf Allentown, t<
take effect in October. He has been pasto
for nineteen years, ard his congregation
is large and flourishing. 1t is understood
that the trustees havo accepted his resigna
tion, though with regret, for Dr.. Wood
who is now in his SEVENTEEN year, is YER!
popular with his people. Though resign
ing, he does not propose to cease wOrl
in the ministry, but will not engage in i
so actively. 1t is understood that he vii
be married to Miss Maria Wood-ing mex
week
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20

AAAS >>S" AVA y AA0s PuOAA0AOS AhSOA
views with Charles A. Dana, of the Sun !;
Whitelaw Reid, of the Tribune, and Hugh
Hastings, of the Commercial Aduertsser,
having reference to presidential candidates
and conventions Mr.. Dana favors Slra.
toga As the place for holding the Demo-
cratic convention, and late August or early
September for the time he is sure Mr..
Tilden is not and will not be candidate,
and is personally in favor Of w. 8. Hol-
man, of Indiana. for president Arthur
might be able to carry q united delegation
from New York Cornell would like to,
but cannot, and Folger cannot. The
only issue, he believes, will be to
put the Republicans out, they fight
ing to keep in. Whitelsw Reid favors an
early convention of his party and believes
Saratoga to be the best place has no de
cided preferences as to the candidate :;
Blaine is out Of the field Arthur stands
very we'll with the. country. while Randall
at present leads the Democratic candi
dates Mr.. Hastings believes In an early
convention. to be held at Saratoga Til
den would take nomination if he could
got it Mcdonald will be the strongest
man in the Democratic convention :;
Arthur seems to havs.s walk over.
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20
Nor over 20 per cent Of our nationa
debt is now held in Europe.

Nor over 20 per cent Of our national
debt is now held in Europe.
KANSAS has passed the million populs
ton post, grashopper devastations not
withstanding.
THE "extra session" of the present
Legislature has not cost the state nearly
as much as the Republican deadlock over
the election of United States senator in
1881.
The telegraph operators are still out /;
ten thousand cigar makers wsre locked
out in New York yesterday; two thous
and Bessemer steel operatives went out
at Chicago, and the New York dress aud
cloak makers struck yesterday.
THE straightout Virginia Republicans
are live party Blaine backs them, and
they will cooperate with the Democrats
rather than with Malone. At their state
committee meeting yesterday they de
clared themselves Republicans on principle
and condemned the Arthur administration
for throwing its influence against Re
publican candidates in Virginia at the
instance of the bosses of the Readjuster
party in removing from Office Republicans
who have always been active iu support of
their party, and placing in their positions
men who, fighting under false colors, re
fuse to acknowledge themselves to be Re
publicans.
THIS is the admission of the Philadel-
phia Times
There was no time during the regular
session of the Legislature that the Demo
Gratis could not have secured from the
Republicans twenty out of the fifty sena-
torial districts but the obvious injustice
of such division, when the Democratic
vote and population clearly entitled them
to taoenty three senatorial districts, conced
ing the Republicans all the fractions,
justified the Democrats in rejecting the
proposal. They can elect fully twenty
senators all the time under the present
Republican gerrymauder of the senatorial
districts, when the Democratic party
doesn't defeat itself, and 1t sooad haze been
madness tor them to assent to such a bill
when they have the governor and popular
branch of the Legislature.
BETWEEN games our baseball editor has
found time to moralize, with the generous
aid of the muses., upon the tendencies of
the times as follows:
Now is the summer OF our discomfort
Made glorious by the season OF the bat;
And all the clouds that lOwr'd upon our land
Are quite dispelled ~ the broad diamonds
lash.
Now are youths brows bound 18th victorious
wreaths,
With supplemented splendo.s f.om sprained
joints
And bruised limbs and eyes bunged out Tor
lorn.
Now gr1m.visag'd plaques are all forgot,
For glareful in tneir gaudy uniforms
With rainbow cap and muZZled phiZ,
The bold boys step upon the field ana vow
Pants and eye glass droll the dainty dude
Filings wide hts little self and hurries
To the front the flashful Clerk behind the b ir
Forgets the cooling draughts and tinkl,ng
glass,
And h.ris the unyielding ball.
EOrsooth, IT things keep thus, the very church,
Which holds tn gown clad man. will close,
And meekeyed preachers run the diamond
path,
While men will use a vIvisected ball for too l.
And for dessert gulp the herculean bat.
The New York Herald publishes inter
Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-20

uuLy u0 C0uuOt uCSIlJ0. 11O WuSI
take the goods offered him and
he must carry them to their desti-
nation with ordinary speed and care.
The like logic of the law controls the
telegraph company. It must discharge
the public service 1t assumes if it can
possibly be done and it must pay the
damage suffered by its failure to do its
duty. In the railroad case in New York,
Judge Davis IN delivering the opinion of
the supreme court in January last thus
clearly stated the case and the conclu-
sion, and the pointed logic of the argu-
ment is unanswerable " According to
the statement of the case, a body of
laborers, acting in concert, fixed price
for their labor, and refused to work for
less. The respondents fixed a price for
the same labor, and refused to pay more
In doing this neither did an act violativ
of any law or subjecting either to any
penalty. The respondents had lawful
light TO take their ground in respect to
tae price to be paid, aud adhere to it if
they choose, but IL the consequences of
doing 30 wese an inability to exercise
thsir corporate franchises to the great
injury Of the public, they cannot he
heard to assert that such consequences
must be shouldered and borne by an in
nocent public who neither directly nor
Indirectly participated in their causes I"
Upen the question whether railroad
corporations can refuse 0r neglect to
perform their public duties upon con.
tcovsry With their employes over the