davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
RECORD OF THE COURTS.
Proceedings in the Various Courts of
Record, Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court.
Supreme sCourt-Jan. rs.

Hon. William A. Woods Chief Justice.
HoMtcIDB-vACATING JUDGMENT-wRIT OF
CoRAM NoBIs.
10,447. Isaac ". Sanders Vs. The State. Clay
Elliott, 1.-THE facts shown in this case were
thatappeilant was charged with the murder of
MS wife, and at the urgent solicitation of his
counsel. who regarded his life in imminent
peril from mob, appellant entered plea or
guilty and was sentenced to prison for life. For
many years lie had been addicted to tho use of
opium and Intoxicating liquor To suoh an extent
that be had become insane before the alleged
ohense was committed, which occurred when he
and his wife were alone in the house, ana was
the resnit of pistol shot, So strong was the
public feeling against the prisoner that the court
and officers of the law were in fear of the ven
gearce OF themob. This is % proceeding by the
ola common law writ of corafn nOhls to nave tue
Judgment vacated and the appellant put upon
his trial in due form OF law, and the question
T + whether such 9emsav WF6s w sIcn e
case by appeal, nor by motion, new
trial, nor in arrest of Judgment. AS there Is no
statutory remedy for such case, others are not
excluded which are not Inconsistent with our
constitution and laws. The common law of Eng
land is in force in this State aud by that law the
FOR error where the error Is one of fact ana not
in law, and where no fault is imputed 10 the
court In prononncng its Judgment. u Saund',
100; Tidd's Prac., l,136 Steph. Plead, 1lS.)
II is recognized in many of the States as forming
part of the law. az Ala, 280 Is Mo-, ass; l
DEMO, 1852; I9 Wend.. 90; 6 Ohio, 518; "a Pa.
Freeman Judg, 1914: % Ind, 6l) After an elab-
crate examination of the authorities, the court
concludes that the courts have the power to issue
writs in the nature of the writ coram nObis. but
that the writ cannot be so comprehensive
at common law. The application
of the appellant brings before the
court fact which. il known, would have
prevented conviction, and all the cases
agree that in such a case the accused is entitled
to the writ. Durees is a species of fraud, and
fraud vitlates every transaction into which It
enters. Dish. Grim. Law, ,008; Bigelow Fraud.
40; so Ind, 5S6;'6S i'd, 427.) The frand in this
case extends only to the plea and subsequent
proceedings aud the appellant may rightfully
6eputtO trial upon the original Indictment.
Judgment reVe fsed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
Real Estats Transfers.

Instruments fled for record in the Recorders
office OF Marion County Indiana. for "a hours
ending at O'Clock P ~. Jan. "a, 1883, as fur
nished by elliott & BUrLER, aBstraeters of
titles, room No. 3, Etna Building:
Tallaferr0 F. Caskey TO Caroline Kidd
warranty deed to lot go In Alien
& Roots addition to the City of
Tndanapolis. 49,, $4,000
Sophia Z. Rhoades and John William
Rhoades TO william Hansnann,
warranty deed to lot AZ in Jainss
NJ. Rays trustees subdivision of
the southeast part of outiot 50 in
donation lands Of the City OF Indian.
apolis; .:.,....;..:... $4,000
Frank H. Whtteside to Asoury White
side, warranty deed to part of the
northwest quarter of section %,
township 10, range 5 east, and alse
hie undivided interest Ia the land
held by Cynthia White in the same
section, township and range. .. 10000
Convey ances 3. eonsideration 81 ZaR 90
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
Rev. j. saunders Raed

Rev. ]. Saunders Reed, formerly rector of st.
Paul's Cathedral, this city, has been elected as
sistant minister at the Church OF the Atone
ment, Philadelphia, and will preach regularly
every Sabbath, morning and evening. The
church is one of the largest in Philadelphia, hav.
ing seating capacity of over /, 200. Mr.. Reeds
labOrs will be confined to the pulpit exclusively,
the rector attending TO all pastoral work. Mr..
Reeds many friends will be gratified to know
that he has entirely regained his health.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
Local Nntea.


The indianapolis Car-works are now buiiding
sion of the vandalia.
Superintendent Murphy, OF the Detroit & Indi-
annapolis road, is at Detroit with large force of
meu laying some sixteen miles Of track in the
new yards laid out at that point.
The Wagner Sleeping car Company are trying
to crowd the Pullman Car Company of the Wa
bash lines east of the Mississippi, and one who
Ia nn the outside says with some signs Of Success
The report that 1t would cost 81 900 to repair
tho damages to the train which WIS wrecked on
the Vandaa, Sunday morning, is incorrect. An
offioa OF tho road says it will not reach halt that
sum.
Theatrical rates at this point are still some
what nemoraltzed. Theatrical parties pay full
rates at the Union railway ticket office, then go
to thu outside information offices and get a re-
0ate Of 90 cents to 81 on each ticket.
The average cost per mile for running passen-
ger engines on the Plttsburg. Cincinnati & St.
Louis road, indianapolis division, for the month
OF December WIS 1876 cents. Freight engiHes,
22Ts2 In this statement is included wages of
encinners and firemep, cost OF repairs, fuel,
Btorrs, etc.
The meeting Of Union Railway Company Of
fei"i~ called for yesterday, was flzze. Presi-
denta Mckeen and ingalls, and General Mana
ger NcCrea were unable to be present, and after
co'FTiie OF hours' talk the officials present or
dered an electric light placed in frcnt of the up
town local ticket office and adjourned.
Fer some years past the Evansville K Terre
Hauta company have BEEN building their own
oars, and have now fitted up their shops to build
their own locomotives, and now building q
hrst-olass pa Essen ger engine. Master Mechanic
Prescott, of the Vandalia, well, proposes to
commence building their engines as soon AZ he
gals those now on the road in No 1 condition.
The Bee Line management have ordered built
this year the following equipments Ell ghteen
Morul engines, twelve TO he built at the Cleve-
ian.i and six at the BrightwOod shops; ten new
coaches OF The same pattern built by Wason &
Co, Springfield, last year; two dining room oars
for the I. K ST. L. L. division. and the freight
eQulUments are to De increased at the rate of two
freight cars per day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25

The W. O. T. U. meeting yesterday afternoon
was one OF much interest, most OF the hour be-
Ing taken up with devotional exercises. Several
requests for prayer were made. The reports
from the different channels OF work were en-
couraging. The organization has now two in
dastriai schools, one Of which Is for the benefit
of the colored children; both are well attended
and much good is being done Ia this way.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
Personal Points.

Il. B. Thomas, general manager Bee Line sys-
TEN, left last evening for ST. Louis.
Robert Geiger, general freight agent OF the
Jacksonville, Madison & Indianapolis road, is in
the city on official business.
W. c. Arp, who takes the position OF master
meohsnico of the indianapolis division OF the p.
C. &c Sc. l.. road Feb i. will arrive in the city to-
day.
The Union Railway Company has created the
position of civil engineer, and appointed E. B.
WiEgate, of the p, G. & st. L. engineering corps
to dlsuch position.
d. b. Martin, Western passenger agent of
the Bee Line, headquarters st. Louis; General
Master Mechanic Turrff and Superintendent OF
Telegraph Higgins are in the city on official
business,
G. L.. Dickinson. auditor of the T., B. 4 w, will
spend compile of weeks in Florida. He is post
Ing the auditors on Major B. S. fleming system
OF roads to the method OF keeping accounts
on the l., B. &W., that they may adopt the same.
New York Central man remarked yesterday
to q Journal reporter that matter what
changes IN the general management of the Bee
Line system should occur at the coming election.
Lucien Hills, General Freight Agent would rot
be disturbed. He was solid with the Vanderbilt
people
A. N. Towne, general manager of the Southern
Pacific, bas issued circular announcing that
he has succeeded j. F. Crosby as general man
sger OF The Texas & New Orleans aud the Louis
ana & Western railroads, and hereafter that all
lines from Ell PasO to New Orleans will be under
the management of the Southern Pacific. A
number of changes in the officers and new ap-
poiutmeDtS Will be made.
Some days since the journal stated that Col.
Robert Fnrsvthe, traffic manager Of the Chicago
& Eastern Illinois, would resign nj an early day
TO accept the position of traffic manager of the
chicago IL Atlantic. The Chicago papers, the
following day, denied it. Nevertheless 1t isitrue
and. further, there rs good authority for stating
that A r. Southland ia to be his successor on tho
Chicago q Eastern Illinois road.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
The pson,e's world-wids ysra;ct.

BURNETTs COCAINE has been sold in every
civilized country. and the public have rendered
the verdict that it is the cheapest aud best Hair
Dressing in the world.
BURNErr's FLAvoRING EXTRACTS invaria-
bly, acknowledged the purest and the best
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
For Tbroat piaea,es ana Coughs.

Browns Bronchial Troohes, like all other
really good things, are frequently Initiated. Tho
genuine nre sold only 10 boxes
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
THE DAY'SRAILWAY NEWS.
Contemplated improvements to Bee
Line Equipments This Year.

Handsome Earnings of the Pennsylvania
Ltnes3The L., b. & w. Win an I'm
pertanJ Suit.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
GRAND HOTEL

Passenger elevator and all modern oo1ven
fences. Isoading Hetel of the city, and strictly
nrsr-c.ass. Rates, 81. 80. IS and b3. 30 per DAY
Tue latter price including bath.
GEO. +. PFiNGST. Proprietor.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
GAMBLING-DEsoR1PT OF DEVICE.
IO,64s. John Pemberton VS.. the State

Grant g. G.
Woods, c. 1.-The charge IN an Indictment Of
exhibiting to persons named etc, ga certain
gambling device" the name OF which was to the
grand jurors unknown. shows sufficient excuse
for not giving the name OF the device. us Ind,
100: 65 i'd, 2l3D 1t was not necessary that a
description OF the particular device should be
given, The identity OF the transaction was deter
mined by the alleged time and place and per-
sons to whom the exhibition was made. Judg-
mant affirmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
CoNTRAcT-PRoMIsE TO MAKE A GIFT.

1915. Charles E. Johnston VS.. Edwin F.
Crest. Montgomery G. c.
Elliott, J.-Appellants sued on the following
instrument: "Jan. l, 1876. This will certify that
do give to Charles L. Johnston 800, the money
to be paid as soon my financial condition will
allow, and if do not live to paw it, I wish it
paid ont OF my estate Edward F. Griest" This
gift and not to pay money. The words "pay"
and paid" do not control the word
"give," and divert it from it's ordinary
meaning They are to be understood as
directing in what manner the gift shall be exc
cuted. & Ind, 263; s Blkt., 146; i'd, IO3
Where a complaint proposes to he founded on n
written instrument, the party must ask that it
be held sufficient as settling forth some other
right Of action. az Ind, 90; 81 i'd, 4o6; SO N
Y, 607D Judgment affirmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
SUPREME CoURT-JAN. "a.

1859. John Maynard VS.. Andrew Short.
Whitley C, G.
Woods, G.J.-suit on a note The court, upon
trial, entered finding for plaintiff, leaving n
blank for the amount when determined by calou-
lation. After the defendants motion for new
trial and in arrest of Judgment had been over
ruled, the court permitted the plaintiff to Intro
duce testimony to show what a reasonable at
torney's fee was in the case, and rendered judg-
ment for the entire sum. Held: Tho court did
not transcend the limits of a reasonable discre-
tion In so doing. The complaint contained
an avermentin respect to attorneys fees under
which the evidence WIS admissible, and as the
finding was left incomplete it was not improper
for The court, In its discretion to admit further
evidence as TO the amount with Which the blank
should be filled. Judgment affirmed.
1O,547, L., N A. * G. r. K. Co. We. Anne COyle
Park g. c.
Elliott, J.-This action originated before JUS
tice of the peace. The appellee's Judgment, ex-
elusive OF interest, is $50, and she is content
Herewith. Her motion to dismiss the appeal
must be sustained. rs Ind, 592, $685. rs i'd,
975; " i'd, 342l.
SCHOOL FUND-MoTEY FOUND ON DEAD BODIES.
10,031 Il, state ex rel. Baldwin We Commits
sioners Of Marion County. Marion @. G..
Nlblaek J.-Sectfon IL of the act respecting
found with any dead body, and which is un-
Claimed ny any person entitled to receive II, shall
remain in charge of the respective county
treasurers the interest thereon to be divided
thus imposing upon the counties. and not on the
State, the duty of distributing the interest to the
townships. 40 Ind. 241.1 1t follows that the
Attorney general has no right to sue for such
money. Nor does the failure OF the persona emit
tied thereto TO call for such money for one year
after the treasurer has received 1T, work for
feitnrA thereof to tie State. The forfeiture In
tended by Article 8 of the constitution means
the loss OF a certain sum OF money in eonse-
quenCe OF violating the provisions of some statute
or the refusal to comply with some requirement
~ tnN Ind nrOr
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25
SCHOOL rUND-MoHEY FOUND ON DEAD =
CRIMINAL LAw-JURIsDIcTIoNAL FACTS
lO626 George Hodge vs.. The State. Henry

IUIO-b' UtUrRb HOUgb VB, TING oJat6- Henry
&C
Howk J.-Where the afidavit and infor-
nation show that public offense has
been committed that the accused per-
son is not under Indictment therefor,
that the proper court is In session and that the
grand Jury is not in session. this is sufficient
showing of jurisdictiOnal facts, If any such
showing is necessary (Revised Statutes, 1881,
1.733), to authorize prosecution upon affidavit
and information. Excepting TO iastruct0ns
given will NOT present the omission 60 instruct
upon certain point. az Ind, LAD Judgment
affirmed.
Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-04-03

A train on the Iron Mountain Rail
road, in Missouri. struck rock which
had fallen on the track at Bnsiiberg,
twenty i've miles west of St. Louis, yes.
terday morning. The engine, baggage-
car and smoker were thrown from the
track, the engine tumhling into the
river. The engineer and fireman, vino
jumped from the engine, were severely
injured, but none Of the passengers.
were hurt.
John Leonard and John Murphy
stepped off a train at Alliance Junction,
Ohio, yesterday morning, an were
killed by anorher train.
At Hampton, Virginia, on Saturday
night, Thomas Phillips was passing u
hotel on his way home, when an old ac-
quaintance named Joyce asked him to
take drink. Phillips refused to drink
but took cigar, and while standing at
the counter was shot through the heart
by Joyce. There was no provocation
for the deed, which was done with cold
bloodel deliberation. Joyce was ar
rested, and guard was placed in the
Jail to prevent him being lyncheu,
Th" picker and lapper rooms OF the
Glastonbury Manufacturing Company's
mill, at Glastonbury, Connecticut, were
burned yesterday. The machine shops
and stock in the main buildings were
damaged by water Loss about 81, 900.
\ young man named OSicr died i'll
Erhticld, Vermont, on Sunday, from Il
singular accident. He "SwaIowed
lead shot to cure hoils," and in swal-
lowing thrun one of the shot took the
wrong passage and worked inr" his
brain, causing death. -
William Stagers, Is years old, was
held in bail yesterday, Oh the charge Of
'h orr" Brown, l6 years old,
with toy pistol.
Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-04-03
Political,

In Columbus, Ohio, yesterday, VOL
colt, Republican, was elected Mayor by
an estimated majority Of 4@o. II is
believed the rest of the Republican
ticket was also elected.
The local election held yestrrdl" in
Evansville, Indiana, indicates The r)er-
tion Of the whole Democratic ticker,
and the choice of q Democratic mljori~
ty in Council.
a Citizens ticket, nominated bY the
Republicans, was elected in Hartford,
Connecticut, yesterday. The B ,arl OF
Aldermen will contain 10 Republicans
to 4 Democrats, and the Counci, Is Re-
publicans to IA Democrats.
John II. Farley, Democrat, WI, yes =
terday elected Mayor of Cleveland,
Ohio, by Il ma. .jority estimated at about
5000. 1t is believed the whole Demo
cratic city ticket is elected. The Drmn-
Gratis will control the next Council
An election was held yesterday in
Michigan for two Judges OF rhr
Supreme Court and two Regents -! ~"
STAT" University, Meagre returns, on
a lig'' vote, indicate that John "
'hamplin, FuSirn, and Thomas
. l'rlcn, krpuhlicnn, are elected Judges,
md that there has been u similar drNi-
sion on the Reg Detroit went
Democratic by 100 10 500 majority.
Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-04-03
Extreme Poverty.

In a dilapidated Boston house is liv-
ing "a family Of three-two boys and
one girl, the youngest II years Of age.
They have no parents, ard are left to
such means of bare existence as the
boy can earn. The doors are off the
hinges, the windows are without glass,
and planks from the floors and the
wainscoling from the walls have been
torn away for frewood. The building
helopgs 10 these children, being an in
hrritance from their father. The eldest
boy has some work, the girl goes to
school, but the other boy remains at
home for lack ofclothing. When the
agent Of a charity called, the boy had
crept into bed to keep warm, rs the
cold was intense, and the wind blew
through the broken windows. The
only thing in the cupboard was one
cracked bowl.
Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-04-03

4. A. North Il Co., Of Philadelphia,
have taken the store No. 7l3 Market
street, where they will keep Wilcox
a. White parlor and Chapel Organs,
which are offered ut reasonable prices
for cash, and on lating terms
by installments. They have also the
agency for the celebrated Hazelton
Bros. PianofortcS The McPhail Piano
fortes and the keystone Co.'S Piano
fortes will h" found worthy the attrn-
tion of parties seeking for u very good
piano at n moderate price Pianos on
installmrnts at S250 and upwards, in
payments Of SO Organs on
small month y payments. All instru-
melts warranted.
W. II. MULLEN, Manager.
Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-04-03
##',;R1E#g|l|S|||i||
Sun rises 6.42.

Sun rises b.42. Sun sets 64
Ladies and Gents shoulder braces We.
q. 5. Humphrey 4 Bro. one-price hatters.
Mllard +. Davis, the Jeweler, f. Ind st.
5 bags of flour for ~ TO- at lO3 E. 9th street
For cut flowers and funeral designs, 20 t.
43 Market street.
Soap at ! cents n bar TAX es the lead at lG
f. 9th street.
Fine cranberries lOc. quart, beans 25cts, q,
lo3 +. 9th street.
Doctors blanks a speciality at the RRpUB
LIcAN Office. Prices away down.
A pert miss says she wears bangs because
she doesn't want to look 30 forehead.
Mullin Is at the old No. 525 West Front
street, with stock Of Tobacco and cigars.
Call and get estimates for printing at the
REPUBLICAN Office.
Life Is q tiresome journey, and when man
arrives at the end he is all out Of breath
Go to Strang's umbrella store, 4th and
Market, for your fine sewing silk
Fine IL X. Plain Gold Rings, ut f. f..
Hanf's, ID Z. 4th street.
Why, Tom! another holiday "Yes,
papa That's the reason 20 to that school -
For good and pure butter, 20 to H. H
Moore, Stalls " and "A Second street mar
ket.
Go TO Reynolds Restaurant where YOU
Will find Cape May clans. wild ducks, etc.
Water and King
Milknen in Chicago begin their rounds at
a. IN. COW in that town must stand at a
hist" at all hours of the night.
To close out business w. W. Woodward. 9Th
and Tatnall streets, is selling good feather
beds, pillows and holsters, at 50 cents per u.
ArisOcrat. pauper, debtor: The aristocrat
ls supported by his ancestors, the pauper by
Ills contemporaries and the debtor by pOsteri-
ty.
Kate Field prides herself on knowing more
about Europe than America. One may
know all that and still not know enough to
keep a dry goods store.
Merchants and mechanics will find 1t to
their advantage by calling at Reynolds res
taurant for their dinners, where they will
find everything in first class style.
His own master: I'D have people know
I'm nobody's fool" said Henderson. "In
other words. remarked Fogg, you're your
own master"
The coon has the fcwest enemies, travels
over more territory. and can be happier in d
dismal day than any other species of the ami
NAL creation.
At the rate w. W. Woodward 9th and Tat.
nall streets is selling his furniture and bed
ding, he expects to close out his entire stock
in the next two weeks The store is for rent
The Earl of Dudley, whose income from his
various mines often amounts to more than
IS. 0O0.0 900. is in a condition bordering on i'm.
beclity.
Harvest Home range is the best cook stove
in the market. We warrant it every time
You may be disappointed If you buy another
stove, but the Harvest Home always gives
entire satisfaction. 1t has the Duplex CRATE.
the best CRATE ever made. H. F. Pickles, I l. |
3 East 4th street.