davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-30
OBSERVATION-DISCLOSURES.

10649. Charles S. Boiling VS.. Benjamin +. How
ell Washington C. G.
Elliott Jon petition for rehearing complaint is
made by counsel that the court did NOT examine the
relied upon, and his Honor reviews them at
length 1t is well settled that if creditor who takes
property of the debtor in payment of his debt does
not participate in the fraud of the seller he will
fS5; 10 Ind, 314 20 i'd, 4O) K mere general cred
itor has interest in the debtors bond until after
Judgment. GA Ind, 165; IS i'd. 474) A third per-
may enforce promise made to him for a valuable
consideration, although it grew out of a fraudulent
transaction. go Ind, 4S4) This is substantially
the position which the appellee occupies. Petition
oVerruled.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-30
THE COURT RECORD.
Supreme Court-Jan. 20.
Hon. Geo. V. Howk. Chief Justice.


11134. Town of Princeton VS.. David White.
Gibson c. G.
Howk, G. 1.-THE questions presented for decision
in this case the those decided in the re
cent case of Town of Princeton Geske at the pres
emit term. Upon the authority of that the iudg
ment in this must be affirmed.
JUSTICES CoURTs-pLEADING.
1878. The Pennsylvania Co. VS.. Jacob H. Rusie.
collars J.-Appelees complaint alleged that on the
18th day of Sept. 1881, the defendants servants
wfully and nesEgently and without any fault of the
plaintiff. the defendants train of cars against the
plaintiffs mare causing I'M uies from which she died.
II is urged that the complaint bad for failure to
that the servants were in the line of their
ployment in operating the train. As the action
plant was sufficient. rs Ind, 4O5 as i'd 215; 48
i'd, POT; 50 i'd 3D. Judgment affirmed
CRIMINAL PLEADING-MANsLAuGH
11436. The State VS.. George f. Lay. Laporte c.
Hammond 1.-THE indictment charged that at a
certain time and place the appellee did 'unlawfully
kill one Erasmus r. Fetzer" Section l746 Revised
Statutes provides that it shall be sufficient in an indct
ment for murder in the second degree to charge that
the defendant did pufposely and mslicieusly, but
without reconciliation; and in indictment for
slaughter, that the defendant did unlawfuly kill the
deceased, without stating the in which the
means by which the death was caused. Section 1908
defines two ofenses, voluntary and involuntary man
slaughter. An indictment for voluntary manslaugh-
ter will not support conviction for involuntary
slaughter, and vice versa. (5S Ind, 1853; IS i'd,
5650 Though the penalty is the same in both the
crimes distinct those of grand larceny and
robbery. Constituting sections 1908 1746, 100 and
1893 together, it is manifest that the only pun
pose of section l746 to dispense with avermens
of the manner in which and the means by which the
death caused" No change in the law it exist
ed in other respects relating to the sueency of in
dictnents and information is made In manslaughter
the indictment information must now as hereto
fore be sufficient to charge the other ofense of
voluntary involuntary Inanslaughter. The indict-
ment in this is not sufficient to charge either
ofiense, and was rightly quashed Judgment affirmed.
COURTS OF LAw-INJUNCTIoNs
11131. Osiah Palmer VS.. Henry w. Hayes Kos
ciusko c. @.
Elliott, J.-Appellee sued appellant to have judg-
ment declared satisfied and this action by appel
liant to enoin appellee from proceedngw this action
the ground that there had been former adudica-
ton OF the case. Proceedings of court of law are
enjoined where the court has jurisdiction to
afford complete relief and the party has full opportu-
nifty to make good his defense. If appellant has
adjudication in his favor binding appellee, he
can fully avail himself of it by answer
in the action brought by appellee There is ample OPP
portunity for relief in the where the action is
pending. Judgment affirmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-30
NOTICE.

NAHAT SCIENCE OFFERS NOU.-USE No
w liniments, salves or lotions. Benson's Capcine
Porous Plasters are best. Quick highly medicinal
25c.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-30
JUSTICES CoURTs-PLEADING.

1878, The Pennsylvania Co. Jacob H. Rusie
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-11

cerned. The cancellation of the lease to
McKeague must also be annnulled- But
the corporation has expended sums OF
money in the improvement and develop
ment Of the plantation, and il is cleary
established by the evidence that the con
dition of the plantation now is much better
than il was when the sale was made, and
mortgages whose money has been faith
fully expended on the plantation should
also be protected,
A reference should be made and an &C
count taken, and n decree viii I've made
after counsel have been heard
There was point made by counsel for
the plaintiff that the corporation herein
have failed to comply with the laws of this
Kingdom so as TO enable it to hold real
estate and transact business in the King
dom. An examination Of the papers filed
in the Interior Office discloses that they
were so fled within the time prescribed
by the statute. 1t is not necessary that
they be filed by some person holding a
Power Of Attorney for that purpose.
The corporation did not however, file a
statement of its assets and liabilities on
the LIST July. 1888 This being condition
subsequent it has no effect upon the valid
Ity of the deed of June Both, 1852. II can
only affect the acts of the corporation sub
sequent 10 the failure to file, il at all.
J. NJ. Davidson for plaintiff; P. Neu-
mann and L. Preston for defendants. .
Honolulu, May 18th, 1884.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-11

h
Keague that ''his money was all ready for
him. That it was all right"
Mr.. Neisser denies these statements
give his evidence in full.
Several letters from Neisser to NC,
Keague are filed. Two OF them are dated
in 1881, before the trst agreement was
made. L give rev OF tnem IN Iull-
Alameda. February 10, 1881.
John McKeague, ESQ.
Dear Sir:-HopiDg you are
in possession of my last letter, i come up
to nv promise to keep you posted OF my
doings.
/ stated to YOU that / succeeded up 10
last mail in getting nearly $4,000 sub
scriptions and to-day am happy to state
that the sum is reaching now nearly so
600. proof that i am neither idle nor
spending my money for nothing.
Altogether / am very well satisfied with
my success so far, taking into consldera.
ton that this amount Is nearly al com
posed OF small SUBSCRIPTIONS, ana therefore !,
you can form some idea oil the amount Oh
work done;
l am following up tne same pan IN ~
dlcateu " M IN ~! Ies ,:e- an
though 1t IS an unpleasant pusln s - ssi =
it leads to the END aimed A. anu 'li"' Il
the mum thing 10 get al 1.u
have not the least aoupt INA. -. ! sI ..lI
carry II through now put IL -, may taAe lne
2 3 months longer ana VIII cost in Il..
money than expected IN consequence, pu.
never mind, the money VIII come Dach al
the end.
expect by this man a ieL'eT IRON , you
with some remittance, which Ieee very
much as my income,thouSh ample ior my
family,is not sqfhcient at present 70 cover ,
such additional expenses ana i coulu ho'
carry II through unless assisted py you,
All the stock SUBSCRIBED 70 up 70 now II
at the rate OF ten dollars per , snare wnicn
means 4VV'oVO ior YOU nice h''ie sum u
lay by
With respect 70 your lau! anu nopins
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-11
to hand and / herewith express my thanks

to hand and i herewith express my thanks
TO you for the prompt attendance.
am sorry to say that / was prevented
from making any Roadway in our scheme
on account Of sickness, / contracted very
severe cold one night coming home late,
which compelled me TO stay at home a
good deal Of the time and preventing me
from working in the usual way.
think we shall take your advice, which
is our opinion also, and incorporate now
very soon as the stock will sell then more
easy. as in reality the Company would not
require the whole amount at once as the
mortgage Of IsePberg is only due in Sep
TENDER and if the company has now suffi-
cient money ON hand to pay OF all debts
outside Of this, it would do Just as well.
The present agitation in Congress
against the treaty with the most sure pros
pect of atrogation is at any rate large
drawback for the sale of stock while hereaf
ter if decided for or against the treaty the
people will look ut the matter in different
light and will come to the conclusion that
plantations will probably not pay SO big
as heretofore, but still are paying legit-
innate investment at any rate.
Please sign the inclosed paper and have
it certified to before a Notary Public.
/ might require it to show to some OF the
directors my authority to incorporate.
With regard to your family,
| remain yours truly,
[Signed NJ NEIssER-
Please direct your letter to NJ. Neisser,
Alameda, California.
Mr.. Fernbach has moved his office and
sends his best regards. Please answer by
return Of mail.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
miscellaneous Notes.

The Philadelphia & Reading road has track
scale at Pine Grove which is ia feet in length,
aals has a capacity of weighing 257,6O pounds.
The Boston & Lowell road has adopted a
seyenty-two-pound steel rail as its standard, and
1000 tons have recently been ordered at $34 80
per ton.
The new Wheeling & Lake Erie road is now
completed to within ffty-two miles of Wheeling,
business to which point is now handled over the
Baltimore d Ohio railroad.
Judge James Emit has given legal opinion
in the matter Of mechanics liens en- the West
Shore railroad property, taking the ground that
no lien can obtain precedence of the first mort
gage.
1t is reported that contracts for building
eighty-five miles of the Northern Pacific Railroad
Company's Cascade division are to be awarded
within thirty days, and for the remainder as
soon as the road is completed.
At the regular meeting of the board of direc-
tors of the Delaware, Lackawanna q Western
road the report concerning the operations of the
road was read and gave general satisfaction.
The earnings showed an average of over II per
cent.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Before the Coroner.

The official inquiry into the causes of the
death of Martin Williams, whose body was found
near the Female Reformatory, on Saturday, has
begun. Several witnesses were examined yes
terday. and there seems to be little doubt that,
while drunk, Williams drove off into the stream,
and the overturning of the wagon SO stunned
him that he was unable to extricate himself, and
was drowned.
The Coroner has returned yerdicts of death
from natural causes, in the cases of the illegti-
mate child of Anna Edwards a colored woman
who lives near the corner of Market and Tennes-
see streets, and of Louisa Johnson, the woman
who came here from Sullivan, some weeks ago,
and died under suspicious circumstances. The
post-mortem failed to reveal any traces of Grim
inal practice, as was suspected
Dr. Maxwell will not make postmortem ex-
animation of the remains of Col John H Ferry,
who died at the Occidental Hotel on Sunday
morning, believing that the cause was hearted
ease, and that there is nothing which to base
a suspicion of morphine poisoning
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Speed Indicators.

A Methodist minister of Scranton, Pa, has
invented new and improved device for telling
the speed at which train is running, which has
been tested on Scranton road and operates adj
mirably. These 'tattlers, as they are known
among the railroad boys, are proving very use
full. 1t is claimed on the part of the companies
that the irregularity of running freight trains
and the soldering of the men at the stations,
as well as their method of making up for lost
time have in the past been prolific of many seri-
Gus accidents, resulting in much loss to railroad
property in wreekage, as we'll as in wear and
tear. With the ''tattling machine" at work in
the caboose recording every throb of the locomo-
tive with the precision of a thorough shorthand
reporter this will be impossible. The tattler7
is not liked by railroad men. They consider it
not only nuisance, but blunt warming ON the
part of the companies that their men are un-
trustworthy and cannot be relied upon
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Making Favorable Progress.

New YORK, January 2S.-At meeting of the
passenger department of the joint executive
committee, to-day the percentages for the inte-
rior pools between Columbus and Dayton, O.,
and the seaboard, were agreed on. The roads
in the new pools are the Baltimore & Ohio, the
Pennsylvania, the Erie, the West Shore the
New York Central, the Lake Shore, the New
York Pennsylvania s. Ohio. and the Panhandle.
Differential rates have not yet been fixed
The morning session was devoted principally,
to revision Of rates between Buffalo and Cincin
nati, and the result is that the limited east
bound fare has been abolished, and rates will
henceforth be the same both ways. Plans were
also arranged between the different roads in the
West by which round trip business for religious
bodies and commercial conventions might be
handled with greater facility.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29

Room No. l.--Hon n. B. TAYLOR, Judge,
Simon c. Hanna, administrator, etc. VS. Mar
tina A. Thomas ct al; foreclosure. Judgment fol-
$501. so.
Julian & Julian VS.. Western Union Telegraph
Company; suit for damages. On trial by court
Room No. 2-Hon d. W. Howe Judge
Robert Roe VS.. Anton Mauer; suit for rents
and possession. Judgment on verdict against
plaintiff for costs.
James H. Durham ct al. VS. ]. w. Hess ct al
Receiver files final report, which is received and
distribution ordered. Receiver discharged
Peter Klingenhuefer VS.. Charles Mayer ct al
suit for damages by reason of injuries received
from fall of defendants elevator On trial by
jury.
Room No. 3-Hon. Lewis G. Walker Judge.
Urben Dehner VS.. August B. Meyer; damage
suit On trial by jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Becoming a Railroad Center.

Prospects are very fattering that railroad
will be built from South Bend to the Illinois
State line, where an intersection with the Indi-
ana, Illinois q Iowa road would be made. The
distance is about eighty miles, and the road is
intended to follow, as nearly as possible, the
valley of the Kankakee river. Its name will be
the South Bend & Kankakee Valley Railroad
Company. In the building of the road there are
two considerations. While it would be a good
road for the country through which it passes in
the transportation of their produce, it would
furnish ditch to drain the lands adjacent to
the course of the river, which would be very
valuable when thus improved. A second meet
ing of the friends Of the enterprise will be held
at South Bend this week, when the project will
doubtless be placed upon it feet. South Bend
is looming up as a railroad center. The Van
dalia extension viii soon be completed to that
point, and there are excellent prospects that the
road will be extended northward from South
Bend into Michigan, and with this new projected
line completed, South Bend viii have five first
class roads, namely; The Lake Shore the Michi-
gan Central, the Chicago q Grand Trunk, the
Vandalia, and the South Bend & Kankakee
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29

The bendholders of the Connotton Valley road
are reported as asserting fairly to theforecosure
proceedings, several hundred thousand bonds
having already signifed approval. Several
schemes have been proposed to save this stock,
but no definite action has been taken. 1t is
said that a good many shares of Connection stock
now stand in the names of coachmen and other
men servants of former wealthy holders the
transfer being made to escape personal liability,
which will prove unaviling in case the stock
should for any cause be assessed. 1t is now said
that the lien can be enforced even against the
original holder, if parties to whom the stock has
been transferred are irresponsible.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29

The Railroad Commissioners Of Massachusetts
have rendered decision on the petition of the
Boston, Hoosac Tunnel & Western Railway
Company for leave to run Lords day train
from the State line. They only gave authority
to run trains on the State road between the
hours of and in the morning, at hours still
earlier, and in the evening from 9:45 to 1l:30.
The petitioners presented a good case They
state, and apparently have proved, that one
chief cause of the comparative failure of the
Hoosac line as passenger route has been the
want of such train. Among its lesser evils is
the loss of d mail contract 1t affects not only
persons starting from the West and intending to
reach home on Sunday, but also persons who
hope to arrive ON Saturday or Friday, or earlier,
but who may be delayed by accident or by the
eXigencies of business, or by other incidents oe-
curing on the way. Often it has happened that
eastward bound passengers have been compelled
to spend the Lords day at inconvenient and un-
fit places oftener still they have been, with
much personal inconvenience, forwarded at the
cost of this line over the Boston e. Albany road
to their homes. Their complaints have been
disastrous advertisements. And it did not lessen
the chagrin of the Fftchburg managers, of
their passengers, that the other road was
operated on Sunday without receiving or asking
authority.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
IMPORTANT If TRUE.

Rgmors that Jay Gould Has Taken the Chi
caso & Eastern Illinois Into His System.
There isa rumor current in railroad circles
that the Wabash, st. Louis & Pacific road has
secured control of the Chicago & Eastern Hi
nois. Whether by purchase of majority of the
took, or through traffic agreement for term
IF years, is question. If this rumor be true it
is master stroke ON the part of the Jay Gould
syndicate as it will give the Wabash first
class road from Danville to Chicago also lets
the Wabash into Terre Haute and Evansville
gives them direct connection with the Louis
vile & Nashville road, and also lets the Wabash
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
THE SWITCHING SERVICE.
The Local Switching Service Unsatisfactory
. in Many Respects.

y
. in Many Respects.
meeting of the superintendent, local agents.
and yardmasters has been called for to-day at 2
p NJ, at the Union Depot office, to talk over the
present methods of doing the local switching
and to consider proposed reforms. While
shippers are satisfied with the rates at which
ears are delivered on and taken off of their
switches, there certain features of the pres
ent system which are complicated and work
with some friction. Under the present method
each road is obliged to keep from 800
shipper is notified that he has freight at one of
theTca delivered on his switch; which is on
some other road than the one over which the car
comes in The road which holds the car makes
manifest attaches one of these tickets, paying
the switching service to the manifest and turns
the car over to the road on which said shipper is
located, to be delivered. The initiatory road
gets no receipt in return and is held practically
for any loss or damage to the freight ON such
car until unloaded in the shippers yard. The
initiatory road has paid the switching charge to
the delivering road, and must collect from the
receiver of the freight One of the reforms now
proposed is that the initiatory road, when turn
ing a over to another road, to be delivered on
4 switch, shall receive from the latter receipt
for such carload of freight and shall collect the
switching charge without any trouble or expense
to the initatory road, giving receipt similar to
that given by road when it receives a car to be
delivered at station the line Several other
minor reforms will, well, be considered
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
GENERAL NEWS.

BOstOn's West-Bound Pool in Satisfactory
Working Order.
The new pooling rates for westbou freight
from Boston are 70 cents for frst-class to Chi
cago 60 cents for second class 80 cents for third
30 cents for fourth and % cents for special The
new pool will include all through freight bust
ness, as follows: The Red, White, Blue and
Merchants Dispatch lines, over the Boston &
Albany; the South Shore. Great Western Dis
patch, North Shore and Erie lines, over the
Fitchburg; the STAR Union, National, Erie and
Pacific, Commercial Express, and Erie and
North Shore lines, over the New York & New
England; the National Dispatch over the Cen
trail Vermont. 1t may be month before the
percentages are definitely settled.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Manacer Felton Resigns.

S. NJ FELTON,, general manager of the New
York & New England road, has rendered
his resignation, and it has been accepted
Mr.. FELTON, left a good position on the
Pittsburg, Cincinnati G. st. Louis road to acce pit
the position he now retires from. That he is a
man of large executive ability no one who knows
him will doubt, but he could not overcome the
prejudices of the Yankees against Western rail
road men and the obstacles thrown in the way of
his success by the directors and his superior
officers. Mr.. FELTON, has been appointed assist
ant to the president of the New York, Lake Erie
q Western railroad
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
Prahaile Matters.

George W. Spratt has qualified as executor Of
the will of Matthews Mayer with nominal bond
David V. Burns has been appointed administra,
tor ofthe estate of Malinda Frances Head, bond
$3,00o and John Shearer has been appointed ad
minstrator of the estate of Francis Kratzer,
bond So 200.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29

ing from his long slumber could not have been
greater than that of the patient who had been
troubled with bad cough for weeks upon find
ing himself entirely relieved after few doses of
DR.. Bulls Cough Syrup. Price 25 cents.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-29
THE RECORD OF THE COURTS


'
NEW TRIAL-PowER AS TO TINE OF GRANTING.
10242. Daniel Hill Us. Abraham f. Hazen
Elkhart, c. C.
Franklin, C.-The judge of a city court has no
power to grant new trials after the expiration OF
ten days from the rendition of judgment, but
where after that time the opposing counsel sent
notice TO the court that they would neither OPP
pose nor consent to the granting of a new trial
but that the court ght act on the motion as it
saw proper, amounting to an agreement TO
waive the ten days limitation. l55 Ind, 394; 90
i'd. 577) The court erred in its second and
third conclusions of law, but as no judgment
was rendered upon them and the judgment, as
far as it goes. is right, and appellants are not
injured thereby the judgment is affirmed
DEcEDENTs' EsTATEs-PRACTIcE Under SECTION
2409.
10029 Martha J. Roberts VS.. Hiram Huddle-
ston. Hendricks c. G.
Bickuen, C. C.-Appellee fled his petition
under section 2409 for the payment TO him Of
the surplus of an estate which had been paid
into court by the executor. Appellant, as one
of the heirs, resisted the petition
The money belonged either to the
appellant OF the appellee and it was the duty OF
the court to decide to which of the parties it be-
longed. The court had a large discretionary
latitude to hear all evidence tending to throw
light on this issue. There was certainly evil
dence tending to support the finding, and if there
was immate1ial evidence point not in issue
admitted, the finding could not have been influ-
enoed thereby, and the error was harmless
one. (66 Ind, 129; 81 i'd, 81; 80 i'd CO., Judg-
ment affirmed.