davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
ship or possibly by the TRUSTEES the
measure ~ liability. The right Of

ship or possibly by the trustee-is the
measure y liability The right Of
action is given. not upon the
follow from this that the right of action is trans
ferrable with the paper to successive holders;
but Judge Woods says, II think it clear that
an assignee acquires no better or different rights
than that of the original holder or payee. While
in this view the suit is not, strictly speaking,
founded on the contract expressed In the notes,
it is so far incident thereto to bring the case
within the rule that the assignee can not sue
in this court upon contract when his assignor
could not. There may. however, be room for
doubt upon this question of jurisdiction,
and since there is, finding a number of cases like
this from which the question may be eliminated
by an amendment of the complaint, it is proper
to decide the further question whether or not
the facts stated in the complaint show a cause
of action. The complaint shows that the notes
were issued in violation Of law; the defendants
not party to them, nor bound by them; they
are not, in the sense Of the Indiana code, the
foundation Of the action. 1t may be that they
constitute, as against the defendants, prima
facie evidence of the indebtedness-that is to
say, of the amount or value of the consideration
for which the trustees issued them, but in the
courts judgment the copies set out in the COM
plant do not supply the place and want Of direct
averment in respect to the Indebtedness Not
wthstandirg the illegality of the notes and their
consequent want of binding force upon the mu
ncipality. it may be that the township received
and has retained and used the consideration in
such way as to be liable in an action
for the reasonable value. and if
so, the case is one in which
an actual indebtedness may be shown; or it
may be, that the trustee received the considera-
tion but converted it to individual uses, the
township getting no benefit, aud in euch case
valid Indebtedness, Of course. could not be
alleged, and this regardless of inquiry whittier
the payee of the notes, the vender of the goods
for which they purport to have been given,
acted in good or bad faith. If he acted in good
faith, selling the goods at a fair price
and supposing that the township would get
them. it would seem not unreasonable to say
that he ought to have his remedy under the
statute. But suppose he acted fraudulentlyq
Leaving such questions for consideration when
it shall be necessary to decide them it is enough
now that, in any view, the present complaint is
not sufficient"
For the reasons stated, the court sustans the
demurrer to the complaint, not only in the Ship
ley case but also In the cases against the bonds
men of Charles III. Brown. the fugitive trustee
of Washington township, Daviess county; John
Grimsley. of Steel township. Daviess county,
John Clarke, of Barr township, Daviess county,
and Arista Glover, of Mill Creek township,
Fountain county. The decision virtually dis
poses of all the cases.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
PRICES ALWAYS In PLAIN FIGURES.
.PETTIS. BASSETT { co.
MERITS OF THE MAGNETOPHONE.
rbe Claims of Inventor Brown, the Texan Elec.
trician, for His Method of Telephoning.

Last evening Journal reporter met Fred Fl.
Brown, of New York city at the Denison House,
where he stopped for day on his way to St.
Louis Mr. Brown is the inventor Of the Brown
telephone, or as he calls it, 'the magnetic
Phone" and has been an inventor all his life.
''The merit of the magnetophone,' said Mr.
Brown, flies in its volume of sound, and that it
can be heard through such heavy inductive in
Auences; especially is this true in cities where
other instruments cannot be heard at all. Elec-
sricians have been working for some time to get
. telephone that will get through heavy Undue.
kion. I have succeeded in different direction
from that began working upon and by what
might almost be considered an accident. It was
as If a man were looking for something 10 the
skies and a chance glance to the earth showed
We have a company at St Lonis and are at
work getting out instruments for them. A COM
pany is organizing at Louisville. one in New
York and one in Boston. We have not been en-
we cannot be enjoined. Oar method of obtain
Ing telephone results is entirely different from
Mr.. Bells and beats his fifth claim"
Mr. Brown is a Texan. having lived in that
State for twelve years until last June, when he
went to New York. He will DO remembered as
the Fort Worth, Tex, expermenter, whose ex-
ploitsin sending telegraphic messages over the
wires without battery cells but by magnetic
method. attracted great attention few months
ago. One of these feats was Che sending of tele-
graphs messages forty words minute from
Parsfflus. N. j., to Conoshocken. Pa, distance
Of 12S miles, without a battery, where the tests
showed resistance of AZ, 900 ohms, indicating
required battery OF 1900 gravity cells.
II am taas frst," said Mr.. Brown, ITO apply
magnetic. telegraphy practically, though many
attempts have been made. Siemens, in Berlin
in 1859, tried it. My patent is not injured by
his prior attempt because he accomplished moth
ang. A different application of mag netism is my
telephone claim made several tests of it at
Fort Worth. Tex. last june and since that time
have taken out number of patents Be sure of
one thing Mr. Bell and myself are in entirely
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
The Criminal Courts Ouibbline.

Hermann Goutz, saloon-keeper, charged
with violating the liquor law, was before the
Criminal Court yesterday. A motion to quash
the indictment was sustained on the ground
that the indictment failed to state that the
quantity of liquor sold was less than quart
Prosecutor Harding will appeal the case to the
Supreme Court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
The State House Light Fixtures.

The State-house Commissioners yesterday
opened the bids for furnishing the gas and cleo
trio light fixtures for the new building. There
were nine bids, ranging from $50, 900 to $40, 600.
1t will take ten days to examine the bids, make
calculations and determine which is the lowest.
Most Of the bids are from foreign firms
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
A Stranger Dies amid shame.

Jesse Pau resident of Sheridan. died sud.
denly in the third story of the building at No
753 East Washington street, yesterday morning.
He had spent the night there with a woman and
got up in the morning with severe headache.
Dr. Sims was called to see him at IL o'clock, and
he died an hour later. He is thought to be thir-
ty-fve years old. His antecedents are unknown.
The coroner is Investigating the case.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
a Card.
INDIANAPOLIS. Anril 90 1856,

11SL1ANAFULIS AprlI 70, 1886.
We desire to state that McGiliard & Dark.
general insurance agents, have promptly adjust
ed our loss and allowed US the amount of our in
surance on the West Ohio-street Skating Rink
building which was destroyed by fire on the
10Th inst, and recommend them for their prompt
and falr dealing. CATHA2INE DICKSON.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30

Acquittai Of Girls Charged with Larceny
Bessie Evans and Ella Mitchell, the two girls
sharged with stealing dresses from Fanny Ross
we're acquitted yesterday in the Mayors Corst
the evidence showing that the dresses had been
given 10 them
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
ADJUSTMENTS.

MAPLEsoN's GRAND OPERA COMPANY IN SCAR
MEN"
Owing to the very short notice given of the
coming of Colonel Mapleson's superb opera COM
pany which was expected week or two later
than the present date, a very small audience was
present at Englishs last night to witness the pre-
sentation of Bizet's charming Carmen" But
what was lacking in numbers was made up in
appreciation, and it is doubtful if ever a singer
was given warmer reception than was Signor
Del Puente, who fairly carried off the honors Of
the evening. his splendid baritone and fine stage
presence winning for him one of the most de-
monstrative encores ever bestowed by an In
d'anapolis audience. 1t was one of the most
cordial compliments imaginable aud could have
been but gratifying to the recipient. 1t was the
feature of the evening Miss Hauk, always popu-
lar here was in splendid voice. and carried Ter part
with her accustomed grace of action that lends
such charm to her beautiful and artistic vocal
lzatlon. AS Carmen she is very engaging, and
endowed that role with beauty that no other
prima donna can hope to improve on. Mile
Dotti won hearty applause for her magnificent
Interpretation Of the character of Michaela, and
created new interest to see her in the leading
role of I'll Trovatore, in which she will appear
on Saturday evening. The Paquita of Mile.
Bauermeister and the Mercedes of Nine. La
blache were well sustained. each showing fine
appreciation of her role. Signor De Faco. a fine
tenor suffered in comparison with Del Puente
in stage presence that was not imposing.
He is unfortunate. too in that his facial exprS5-
sion is not always in consonance with the char
acter of the passion that he is supposed to feel.
In his passages of love he was not bad,
but when he attempted to show rage he
fell short of it, and was not successful in portray
ing it. The remainder of the chief characters
were effectively rendered, and the choruses were
all that could be desired. The dancing of Mime.
Cavalazzi, in the incidental advertisements ar
ranged for the purpose, was as beautiful as ever
witnessed in the city of Indianapolis, and rightly
won for her the need of generous applause. The
ballet, while not large. was thoroughly artistic
in its every feature The entertainment was
faultless in every detail. and deserved crowded
house. This will probably be realized tonight,
on the occasion of the. presentation of
LA Travita" with Nine. Lillian Nordica
In the leading role, and with all
those who assisted in last nights performance in
her support. Signor Giannini will assume the
leading tenor role, and Del Puente will again
favor the Indianapolis public with his superb
baritone. The ballet, with Nine. Cavalazzi as
the premiere danssuse, will again be a feature.
The music-loving people of the city will miss
rich and rare treat if they fail to attend the
operas given by Colonel Mapleson's magnificent
company, than which there is none finer in the
country. The engagement will close to. morrow
night, when I'll Trovatore" will be given with
Nile Dotti in the role of LeOnora
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30

An Aged Woman's sudden Death.
Anna Donahue, a widow sixty-two years old,
was found dead in bed at her residence, No. 100
Eddy street yesterday. She is supposed to have
Alsd from heart disease.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
Proposals for Cavalry and Artillery Horses
OFFICE DEPOT QUARTERMAsTER,

UFFICE DEPOT QUAKTERMASTER,
ST. Louis. No., April l. 1885,
Sealed proposals in trpicate subject to usual COM
ditions will be received at this office and the Office Of
the Assistant Quartermastergene Louisville, KY,
until IL o'clock noon. central time. April 30 1885,
at which time and places they will be opened in press
of bidders for furnishing and delivering. at ST.
Louis, Mo-. at Louisville, KY. As artillery and
LOSS cavalry horses. Proposals for less number
will be received. The government reserves the right
to reject any all bids.
Preference will be given to articles of domestic
production and manufacture, conditions of price and
to articles OF American production and manufacture
produced the Pacific coast to the extent of the
sumption required by the public service there Blank
this Office at the Office of the Assistant Quartermas-
ter-general, Louisville, Ky.
Envelopes containing proposals should be Endorsed
Proposals for Horses, and addressed to the under
signed or to the Assistant Quartermaster- general,
Louisville, Ky. G. w. FOSTER,
Quartermaster, U. s. A., Depot Quartermaster.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30

MY store will be closed Friday to-day to pre-
pare for the great auction sale, commencing May
l. See my add. in this paper.
MARCY, sTHE" JEwELER.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
A Dividend for Ritxingers, Creditors

A Dividend for Ritzingers' Creditors.
The assignee of Ritzneers' Bank viii make a
dividend TO creditors june l. The dividend will
not be less than 10 per cent. and may be more.
large number of creditors have not yet hled
notice Of their claims.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
Lawn Mowers. Refr;uera.ors

The Easy, Excelsior and Richmond Star Lawn
Mowers, all frst-class, at reduced prices Also
full assortment of the Perfection Refrigerators
at low prices Call and see them before you
buy. Are removing our stock of hardware to
Schnulls Block, 3d. Southwest corner Meridian
and Maryland streets.
HILDEBRAND & FUGArE.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
The Tabernacle Garnet

The new carpet for the Tabernacle Church
bought OF Albert Gall) has been laid, and is
much admired.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30

GRAND oPERA-HoUsE-THE MINsTRELs
McNish, johnson s. Slavin's minstrels con-
firmed the good impression made by them here
early in the season by an excellent performance
as the Grand Opera-house last night, which was
enjoyed by very large audience The bill was
thoroughly good one The decided hit was
made by Bob Slavin, who is the most original
comedian in the minstrel profession. Carroll
Johnson's songs and dances. Frank McNish's great
speciality SILENCE and Fun. and Frank Towards
singing of 1.-TWO Little Urchins," an ORIGINAL
song with him, were the features of the enter
tainment, which had much to commend it and
nothing commonplace objectionable The
company is well organized and talented.
NOTES.
The attraction at the Grand Opera-house all
next week win be- Miss Jennie Calef, the Com
edy Sunbeam" as she is called a very clever
young actress at cheap prices, 10, 20 and 80
Thursday evenings, 'Fanchon:" Tuesday and
Friday evenings and Saturday matinee. Little
Mufetts;" Wednesday and Saturday evenings
and Wednesday matinee. Little Barefoot"
Gilmore's baLa, which appears at English's
Opera House in single concert on next Mon
day evening, is one of the finest bands in the
world Gilmore himself has a history of must
cal triumphs dating from the famous Boston
jubilees of 1869 and 1872 His band is unriyaled
in this country, and is famous abroad through
It's european TOUR. Every one OF It's slxty-five
members is soloist. and it has among its MEM
bers some famous groups of instrumentalists.
The advance sale of seats begins this morning.
The dress rehearsal for the Chimes Of Nor.
mandy" took place yesterday morning at the
Grand Opera house. and was quite satisfactory.
Tonight will be given the opening perform nce
of the engagement, for the benefit Of the Light
Artillery. The cast will be:
Mrs. Enrique Miller -.Serpolette
Mrs. Leon Bailey (iermaine
" w. Wiliams. Jean Grenicheux
Ora fearsnn Henri
Charles roster ..Gaspard
Samue! Il. Morrison .......... The Ba
Frank " Richards ..-.----............-..N Notary
Miss Yoder: .----.---.-......... Gertrude
Miss Barnhizer. Manette
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
indianapolis & Yincennes Railroad Company

INDIANAPOLIS, April "a, 1886.
THE ANNUAL MEETING OF THE STOCKHOLDERS
of the indianapolis 81 Vincennes Railroad Company
will be held at the principal Office of the company, in
the city of Indianapolis Indiana at o'clock M on
Thursday, May 10, 1885,
For the election of seven directors to for the
ensuing year and the transaction of such other bus
ness as may properly come before the meeting.
s. B. LIGGETT, Secretary.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-30
HAZELTON!

INDIANAPOLIS, Ind. April % 1885.
MR. GEO. G. PEARSON:
Dear SirIt affords great pleasure to express our
entire satisfaction with the Hazelton SQUARE Grand
Piano purchased from you. The tone, touch and ex-
cellent workmanship is perfection itself. All Who
have tried it express the greatest praise. Yours rs
spectfully, Mr.. AND MRS. JOHN HUCKE.
No. 235 East Vermont street.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
Aeu.l cur's Visitors.

The Joel Parker Legion, Of Newark,
y. j.. and the Americas Club, of Phil
adelphia. probably, will arrive here
this morning. and will debark from the
train at Elba station. where they will
be met by a subcommittee of the City
Committee and by the presidents of the
Democratic ward clubs. and be escort
ed to Murphy's restaurant for a cola
ton, and thence to their quarters at the
Exchange Hotel. They will no doubt
call upon the Governor during the day,
and it is probable that many Of them
will tonight attend the ball.
In especial view OF the fact that with
in comparatively recent period large
number of citizens of Richmond re-
ceiycd lavish Inequalities from the peo-
pie of Newark, 1t is not to be doubted
that these gentlemen, and the Phlladcl-
phians as well, all of whom come to re-
oice with NrginlanS in the inausura-
ton of a Democratic Governor. vii,
cyeryW here in the city receive marked
attention and cordial welcome.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
CHARLOTTESVILLE.
Had a Hcaring-The Matrimonial Market.

Had ncaring-The Matrimonial Market.
lCoucspondcnre Of Richmond Dispatch
blCniEEE 81. ls~j.
The man who forged the name Of
lr. lIanckel N endorsement Of
check made payable to him under the
name OF Charles Hinton Benton. ami
bf that means drew $50 from the Ban.
of Albemallc, was brought TO Char
lottcsyillc to-day and had q preliminary
hearing before Justice Walter, and
MAYOR Harris. He was held for the
grand jury.
When Benton, or whoever he is.
rea he'd here on MONDAY last b.. regis
tered at the Relay House. Virginia Mid
land junction. as Charles Frcycr. Ncw
NeNco. writing his name in a full.
round hand. 70 DR.. lIanchcl he gave
The name of Benton. and at Manassas
hc registered under still another 0iiot.
During the examination Yesterday he
was very much excited. If not badly
frightened. He looks" said q by
staader. las if be expected to be
,ynched.
The matrimonial market ha- been
very brisk during the holidays. Tht
marriages have been many AMI some u
them romantic. AS sample" said
a popular minister. 80 was asked If |
would be at home between IT, and II
o'ciock to-day by gentleman whose
subdLcd excitement told me at once
,hat he wanted to be married | wa
down town when the hour arrived and
hurried home, only to find a rock
away before my door, in which
were five persons, including tie
uIide- and groom-eXpcctant | invited
them to use my parlor, but they said
they would not leave the rockaway and
that the marriage would take place
there in the street. called for their
license. which found to he perfect,
containing as il did the signatures Of
Tie proper officers as well a. the min
.st,r'o fee. Join hands 7 directed.
and they Joined hands, and married
them. declared them man and wife, and
pronounced the benediction. | suspect
Nat the idea of adding this flavor
o' romance and novelty to their
marriage scene Is to be credited to
tle BRIDE, lady Of very fine appear
ar,c, who seemed TO ENJOY II all very
much. There wa another couple in
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
uOmc-Ruie for ireland.

LONDON. December 3l.-A number
Of Liberal members of the House of
Commons have been privately making
oyertures to Parnell with the object of
having him formulate distinct propo>i-
tons for home rule N Ireland, giving
the limits Of his demand with a view
to further negotiations.
Michael Dayitt, in an interview, said /:
"lf home rule is granted to Ireland it
is difficult for me to see how the Irish
member, can continue to sit in the Par
lament in We, minister, unle>, the
colonie, are similarly Represented in
that body. The appointment of a
prince of the royal family a, Yiceroy
of Ireland would be a mistake. as Ire
land require, a statesman Of tact and
brains to administer the Government,
not royal show.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
and his report is awaited to disclose
| the condition Of the institution.

and his report ia awaited TO disclose
the condition Of the institution.
A great many people from Washing
ton arc expecting to attend the insugu-
ration of Governor fitzhugh Lee-so
many in fact that the Pennsylvania
Railroad Company has made special
excursion rates and is preparing to
carry heavy delegation to Richmond
tomorrow.
Adiutant- General Drum said to-day
he though; it would be unnecessary to
organize the proposed body Of frontiers
men to hunt Indians. He was Of the
opinion that General Crook will have
accomplished the task OF subjugatng
the hostilcS before the frontier troops
can be organized. General Crook has
a large force Of men, and has been sup
piled with everything he desired 10
carry on the campaign, and General
Drum thought he would soon be sue
cesSful in either subjugating or extcrmi-
mating the hostile ApacheS.
The services Of six clerks in the
Office Of Comptroller Of the currency
will be dispensed with after to-day and
the vacancies will not be filed.
The resignation Of Thomas y Scott.
Register Of the Land Office at Mont
gomery, Ala. has been accepted
George A. Howard, Of bixon's
Springs, Tenn, has been appointed
chief Of the stamp division Of the Post
Office department, rice Edwin b.
George. resigned. Howard has occu-
pied third-class clerkship in the lamp
division since July IG, 1877, at a salary
Of 81 600 per annum. The salary at
tached TO the position Of chief is 50, $50
per annum.
r. W Gurley, chief Of the free-de-
livery service in the Post-Oflice Depart
ment, has handed his resignation to the
Postmaster General. who has appointed
Colonel John + Bates. Of Dubuque,
Iowa, to the vacancy. Colonel Bates
was chairman Of the Iowa delegation at
the National Democratic Convention at
Cincinnati in $50
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
4 Singular Death.
Ky telegraph to the Dispatch

Try te-tBIhpn ~ tHe D4hpd tCH'l
FLATErsH, y. Y. December IL
Samuel Wardell aged hfty-h'c years,
q ga~-llghter Of Graye Roads. died
this morning from injuries Sis
tairod Saturday mornn, by a heavy
woeht falling on his head while asleep
in bed. Wardcl. was a hea,y sleeper,
and having 20 get up very early cons
,tirctcI au apparatus connected with
an alarm-e.ock in his bedroom which
caused weight 90 fall on the floor.
'heuoise waking him. Christmas night
the he'd wa, moved without Wardei'
knowledge while he slept. and when
tbe alarm eau ed the weight 10 fall it
fell on b., head causing coucussion Of
the BRAN.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
N-o.oo0 IRE IA Macon. "a.

~ = -V--HI-I ~ no I77I7T -"TI-T
NACON. GA.. December |l.-A tire
broke out this morning in the cotton
warehouse OF j Stewart d Son. con.
tanning about % bales Of cotton be-
longing pril pa.ly to planters. The
building was damage to the amount Of
5000 and all the cotton was con-
sumed, except about SEQ bales. viii, h
was badly damaged. The total loss IN
cotton and building is estimated at
$4,000; insurance on building ia
$4,000, and ~ cotton $1,000. The
fire was caused by sparks falling
through a sAyiisht into a basket Of
sample.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-01
Prisoner. Suicide.
IN leIegraph 10 Inc plspatcL

IHF VtIteIHFII 10 IIIt HIsFHttH'I
GREENSVILLE, ONO, December . ..
This morning Edward Mehan, who was
under sentence Of four years imprison-
ment for arson, committed suicide in
MS cell in Jail by cutting his throat
with a razor, seyering the jugular vein.
Mehan shot at Farmer Drill through
the window in the night and afterwards
burned the farmers barn because he
could not marry Drills sister.