davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

County Commissioners Sahm. the lawful
guardian of Benson. recently sought to get pos
session of the above property In order TO do
so he made application for the appointment of =
curator before the St. Lo1s Probate Court
Captain Many. and e S Williams suoer intend
emit of the County Asylum. went To St Louis 70
attend the trial Secretary A c. Haywood.
of the Safety Deposit COMPANY, resisted the
appointment of curator and succeeded IN get
ting verdict in his favor Cant. Many says
that the fourteen from whom they were
compelled to select jury were about the worst
looking specimens of humanity he ever saw In 3
courtroom Hayward was the only witness to
testify to Bensons sanity. while half dozen
witnesses proved his deraneement Mr.. Sahm
now proposes to take the matter before the fed
eraI court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
sku,l Fracsarsd by a Beer Glass.

The northeast part Of the city came near fur
nishing another murder last night Between 10
and IL o'clock William Hines and John Scott
had quarrel in Burmasters saloon. at the cor
ner of Malots and Columbia avenues, which
ended in Hines throwing beer glass and strik-
ing Scott NOn the head, inficting a very
dangerous injury. Scott's skull was
on Baltimore avenue. Both men were drinking
to excess and there seems to have been no
pro=ocation for the assault AS Hines
what he had done he fed, but he was
found and arrested at midnight by Sergeant
Wheatly and patrolmen Spearis and Tieben.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Personal ana society.

Mr.. c. C. Carr left for Orlando, Fla, yester-
day.
Mrs W. T. Steele has gone to Gresnsburg to
make q short visit
Ex-state Senator Yancey. OF Fortville. was in
the city yesterday
Mr.. Harry S. New and sister Bette have gone
to Washington, D. G.
NJ. Will Taylor, city attorney, will 60 to
Wa nngton to-day for short absence.
mr.. and Mrs. Hugh Emerson who have been
spending the winter in Florida. returned home
last night.
Mr.. and Mrs. Frank Knight have returned
from extended visit to Milwaukee, St. Paul
and Minneapolis.
David N Berg, chief clerk Of the State Board
of Health, is confined to his home by an acute
attack of asthma.
Miss Alice Finch will entertain number OF
friends this afternoon with thimble party at
her home on Broadway.
Miss Mile lMcCurdy, of Fort Wayne, is visit
ing her uncle, Mr.. George w. McCurdy, on
North Alabama street.
Miss Nellie tombstone. who spent the past
week visiting friends in Cincinnati. has gone to
Plttsburg to remain few weeks
Prof W. A. Bell will go to Chicago to lecture
on next Saturday, before the Froebel Associa-
lion. His subject will be Horace Mann"
The annual meeting OF the Womsn's Mission
Circle of the First Baptist Church, will be held
this afternoon, at o'clock, in the 1ecture-room
of the church. After the election of officers an
interesting programme will be rendered.
Miss Halcie McCurdy gave dancing and card
party last night in honor of her cousin, Miss
Millie McCurdy, of Fort Wayne There were
about twelve couples present and the music
was furnished by Italians. The evening proved
a very enjoyable one.
A pleasant party was given last night by Miss
Jessie Hoagland at her residence, 139 North
Meridian street Among those present were
Misses Dugan, Heinzsn, Allen, Mission and
Lockhart, and Messrs. Moore, Messick, Patrick,
Golden and Williams.
The third of Prof VIM T. Harris's lectures
on the philosophy of history will be given this
evening, at the residence of Mr.. and Mrs IT L.
Sewall, No. 343 North Pennsylvania street The
lectures have been very well attended and in.
crease in interest each time.
Mr NJ. T. Stokes. who, as a reporter for the
Sentinel, has earnsd the reputation of being
an offer to take editorial control of a new daily
paper at Huntington. He will begin his duties
In his new field on next Monday.
The missionary tea. to be given this evening
at the residence of Mr. E. 6. Cornelius on
North Meridian street, is under the auspices of
will be served from to o'clock and followed
by short programme of music and recitations
The concert to be given tonight at Mayhorer
Church is in charge OF the Young Peoples Socie-
ty of Christian Endeavor. and for it they have
secured some good musical talent. The quar-
and Miss Willard. will sing. and there will be
other numbers by Mr. Hanson, Mr.. Ketchem,
and DR.. Ruya of the Insane Hospital.
RowLEY-PRocToR.
Special to the Indianapolis Journal
ELKHART, Ind, March sc. c. Rowley a
young business map of this city. and Miss Ella
Proctor, daughter6 Of William Proctor a retired
business man, we're married last evening by Rev
f. Simpson. of the Methodist Church.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
CASES BEFORE THE COURTS
Rulings Favorable to Coroner Wagner
in His Suit Against the County.
Testimony on the Question Of Whether or
Not ClOver-Seed Can Be Identified d
Miscellaneous Bits of Litigation.

Coroner WaRner's suit against the Board or
County Commissioners is progressing very
slowly before jury in Judge Walkers room
Ali the law points involved are being very thor
oughiy tested. and the trial is necessarily
tedious. DIR. Wagner was on the stand himself
nearly all day yesterday. and went over his re-
ports concerning the cases on which he is suing.
All the rulings far have been IN favor of the
coroner. When, in going through his reports,
Coroner Wagner came To caee where IN his
sickness, his deputy. DR.. Purman. had held the
inquest, attorney Ketcham. for the county OBJ
jected TO the admission of the report in evidence
on the ground that the coroner had no right to
direct bis deputy TO hold an INQUEST. he argued
that the Law intended that deputy should be q
ministerial, and not Judicial officer. Judge
Walker overruled the objection, and held that
the Supreme Court had decided that a coroner
did have power TO direct his deputy TO hold an
inquest. The case, from present Indications
will continue several days. Whatever the dects-
ion may be the will be appealed TO the Su-
preme Court, both the coroner and commits
sioners are DESTROYS OF having the question of
the emoluments of the Office finally settled.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Local News Notes

Asa A Banta and Nettie Smith were licensed
to marry, yesterday.
Building permits issued yesterday 10
Charles Bowmie, for frame cottage on Mis-
souri, street, near McGinnis TO cost ST, ZOO; E.
Waggoman, repairs to residence at No. 162
North Pine street. $780, and S. J. Stackey. adj
dition to frame house at No. 70 Olive street,
$500.
The residence Of George yVishard, at No 1874
Fletcher avenue, was visited by burglars Wednes-
day night and property of considerable value
was carried away. Among other articles taken
were pair of gold bracelets, and four gold
rings. The burglars entered the house by pry-
ing open window. They thoroughly searched
the house without disturbing the family.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
;. to SET aside sale of rsal estate. On trial by

al. to set aside sale Of resl estate. On trial by
court.
Walton a. Whistler VS.. Fash 81 Kesselring; on
account Judgment for plaintiffs for $82. 26
Layman & Carey vs.. Bash a. Kesselrine; on ac-
count Judgment for plaintiffs for sol 48.
Van Camp Hardware and Iron Company vs..
Bash & Kesselrine; on account Judgment for
plaintiff for SI55. 49,
Fuller. Childs e. Lee vs.. Bash & Kesselrine;
account Judgment for plsintif for $27I 98
Lewis Miner a. Co. VS.. Bash q Kesselring: on
account Judgment for plaintiffs for Sl89 80.
ID. F. Erwin q Co. Va. Bash 81 Keseelriug; on
account. Judgment for plaintiffs for S105 10.
2. f. Bryce. trustee. VS. Mary E. Snyder adj
ministratrix Of Susan w. Wolfes estate. Claim
against estate dismissed.
w. Clinton Thompson VS.. James H. Fisher.
administrators of Catherins G. Bobbe's estate.
Claim allowed in sum of 500.
Thomas Wren vs. City of Indianapolis; dam
ages. Transferred to Rooro 2, Superior Court.
Agnes S. Mccoy VS.. Thomas j. Hodgen, ct
al. Appeal dismissed.
CRIMINAL COURT.
Hon. William irwin. Judge.
State vs.. Hugh ~ johnson; grand larceny.
On trial by jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
"A decision Open 20 Doubs.

The decision of Judge Sullivan in the John
HueRele case is not regarded as in accordance
with the law, and the city, by her attorneys,
yesterday appealed the case to the Supreme
Court The best attorneys at the bar do not
While all admit that the could have been
prosecuted under the Metropolis an police law,
which would have made it State case. many
are OF the opinion that the passage of the police
law does not make null and void the city ordi-
nance making it an offense for = citizen to resist
an officer. The appeal is taken because the
proper interpretation of the law is matter of
considerable Importance in the City Court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
The Court Record.
SUPREME COURT DECISIONS.

Hon. j. A. =. Mitchell. Chief-justice.
1917. American Insurance Company ct al
versed. Mitchell O. J.-Where an insured. IN vio-
lation of a condition on the policy which pro-
hibited the procuring of other insurance without
consent Of the first company, apnes for and
obtains second policy in another company
valid on It's face, with the intent to carry the
second policy as valid insurance without giving
notice thereof, he has thereby defeated the
whole policy and purpose of the condition. If
the second policy ia valid on its face and pre-
sumabiy within the power OF the company and
it is necessary in order to avoid it to intro
duce extrinsc facts and it is accepted by the
insured for the purpose of obtaining other in
suranee. il constitutes other insurance within
the meaning of the prohibiting condition, and,
remaining outstanding and uncanceled at the
time of the loss, these facts will constitute a
complete defense to an action on the frat policy.
1902. Walton B. Rodman VS.. James Reynolds
ct al Washington e. c. Reversed Elliott J.
Under the present statute (Section 1904 il an
application aud bond for a new trial as of RIG hit
is filed within one year from the time Judgment
10 rendered. the court must varate the iudg-
ment and grant new trial The statute does
not require that the court shall take final action
within one year.
1868 Nelson Hutchins vs. Leander F. We'll
dIn. Steuben C. G. Affirmed. Howk. j.
When all the instructions given are considered
with reference to each other. and they present
10 the jury correct statement OF the law APP
plicable TO the case, the judgment will not be
reversed because of mere inaccuracies or loore
expressions any of the instructions separately
BOUND morals or public policy has been fully ex-
Dcuted by both parties. and suit brought upon
such contract. "potior est conditio defendentis,"
and repIevin for the property will not lie.
SUPERIOR COURT.
Room I-Hon. N. b. Taylor. Judge.
John r. Foil VS. John T. Malone: s., 600 dam
ages On trial by jury
Room 2-Hon. ID. w Howe. Judge.
Diedrieh Mussenann VS.. Caroline Hildebrand;
luit on account. On trial by court.
Room 3-Hon. Lewis c. Walker. Judge
George Abrams va. Walter :. Howells; me-
ehsnies lien. Finding and judgement for defend
ant
James d. Brooksvs. Walter S. Howells me
shAnies lien. Finding and Judgment for defend
mt.
Noah II. SwAyne vs. Samuel N Yearman;
guarantee judgment for plaintiff for s240 80.
Theodore A. Wagner vs.. County Commission
Srs; fees. On trial by jury.
sew SUITS FILED.
George w. Swails vs. Knowles D. Shaw ct al:
complaint on account. Demand, 500
Josephine Sutton Richard Sellars; com
plant for SANDER. Demand. 81, 00O
CIRCUIT COURT.
Hon Thomas H. sullivan, Judge
q. J. Emeriek, ct al. " Olivia comegy. ct
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
The Trustees Constitute the Church.

The suit for the possession of the furniture
belonging to the Church OF God WAS concluded
in Squire Smock's court yesterday. and resulted
in decision in favor of A P. Stout and the old
trustees of the church, who were the defen dants
in the case. When the division occurred several
months ago A. P. Stout, the pastor. and the
the furniture. The property attached by
Samuel Shelly and others. who neld possession
Smock was called on to decide who should have
the furniture. In decreasing that the property
should vest in the pastor and the trustees, the
Justice says that he believes that the trustees
constitute the church. where division occurs,
and are therefore entitled to all its prop erty. :
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

Hugh M. Johnson 10 on trial in the Criminal
Court charged with stealing seven bushels OF
clover-sesd from Thomas Rowland. living north
Of the city. The evidence against the accused
is only circumstantial. and some interesting
points came MP in attempting TO fasten the
crime on him. After Mr.. Rowland had lost his
clover-eesd he came to the city. and identified
some seed in store here that stolen from
him, aud il was afterwards ascertained that
johnson had sold seed to the store
where Mr. Rowland clsimed TO have found bis.
The question arose as to whether cOver-seed
could be identified not, as il all appears alike,
and some expert testimony from leading seed
men of the city introduced on the point
they all agreed that when seed raised on
the same coil, and harvested about the same
slime, IL would be impossible to identify one
suantity of seed from another
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
An Aeraaal,le snrnrisa.

Railroad officials are much elated because the
Wabash and the Chicago & Alton have declared
peace. for the time being, at least. and next
Monday, the 18th inst, will advance rates be-
tween St Louis and Chicago to about the old
basis. The war between the two roads for
sixty days past has been bitter one, and while
not of sensational a character as that of the
Northwestern linss.is has disturbed rates in this
section as we'll as that traversed by the two
roads. The belief prevails that this is the en-
tering wedge of an adjustment OF the troubles
betweenIoIher Western and. Northwestern lines.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
4 Ban for Cnx,a Hsnefft.

At meeting held in the Criminal Court room,
last night. arrangements were made to give
ball IN Torninson Hall, on April IL. for the
benefit of the family of Sim Coy. Committees
were appointed to manage the affair. and five
Thousand tickets were ordered printed TO be
sold at 81 each. Men were selected from each
ward to peddle the tickets Coy's condition
yesterday was at times better, hnt his physician
says there is still danger of typhoid fever.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Judgment for over Twenty Milllons.

Judge Gresham yesterday rendered supple
mental decree in favor OF the plaintiff
in the suit of the Central Trust Com
pany, Of New York, and James Cheney,
against the Wabash railway, for the sum of
s2l. 721 .619 05, principal and interest unon the
debt of Sl9. 1872, 753. 40, adjudged TO be dne the
plaintiff from the defendants on the Sth of
January. 1886 At that time an order of sale
WAS granted by the court, and the property de-
scribed in the decree was sold, but the amount
realized was only 1926. 900.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
A Pretty Old Damage Suit.

The twenty fve-year-old damage suit of Thos
Wren against the city Of Indianapolis is having
an unfortunate time in the courts. 1t has been
up in the courts so frequently that the at
torneys cannot find a Judge who they believe
Is competent to try it. and the consequences are
IL is being shifted from one room another in
search of judge who has not had something to
do with IL heretofore. Since it back to
Marion county from Hancock county, q month
ago. iS has been in three rooms. and was trans
ferred again yesterday from the Circuit Court to
Judge Howe, of the Superior Court. There is
come doubt about the case ever coming 70 trial.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Suing Her Employer for Dnmnees.

Josephine Sutton has brought suit in the Su-
perior Court against Richard Sellers for So 900
damages for Islander. Miss Sutton was do
mestic in Mr.. Sellers's family. and she alleges
that last Tuesday he called her thief and sew
eral other bad names. She thinks that by rea-
son of his charges, which were made in the
presence of reputable people, her reputation is
injured to the extent of the amount of damages
aemandad.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
AFFAIRS OF THE RAILWAYS.
The o.. & w. and c., .. s. C.

The o. I. e. W. and c., =. & e.
General Manager Henderson and General So-
licitor Fairbanks, of the Ohio. Indiana q West
ern road, returned from Springfield. last even
ing. Dir. Fairbanks states that C. E. HeEder-
son. who is still receiver or the Cleveland, San
duaky & Cincinnati road will gladly relinduish
his receivership and turn the road over to the
G.. S. q G. management, whenever the latter Is
ready TO receive il. which will probably be in .
day or two. Ii is understood that arrangements
have been made By which the passenger depart
nj. Bronson as general passenger agent and B.
f.. Kelsey assistant, the latter to give his
personal attention 10 the business of the o., L
giving the plan on which 1t 10 proposed TO oper-
ats the passenger department of the two roads
Aside from this. the Lewly-elected officers OF the
G., s. 6 e. will look after their respective de-
narkmanfR
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
MINOR CITY MATTERS.
ro-Dav,s poinga
ot0.o -. 1uSn IL 0OnhSOus @lon1 40
On trial by jury.

LECTURE BY CAPT, ELI RITTER plymouth
Church, 40 o'clock, afternoon.
CITIZENS MEETING - Corner of Illinois and
Seventh streets. evening.
LECTURE BY PROF. W II. HARRIS 1.-THE Philos-
ophy of History No. 343 North Pennsylvania
street. evening.
F.
GRAND OPERA-HOUSE-Min Palmer, in my
Brothers Sister, evening.
THE MUsEUM-"Old Oaken Bucket" afternoon
and evening.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
clerk Butler wins In His suit.

Noble c. Butler, clerk of the federal court,
hasreceived a telegram from Washington inform
ing him that she case against the government
in the Court Of Claims for $3.50 Ia fees had oeen
adjudRed in his favor. Comptroller Durham
had refused to allow the fees. and Mr.. Butler
brought suit.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Lost rheir Land by CareIessness.

The tedious suit of E. B. Fitzgerald against
James Jesse Sh anks. for the possessan of land
near Acton, concluded yesterday. Judge
Howe decided against the Shankses on the
ground that their title to the land was not clear.
The evidence showed that some time before
Mrs. Shanks died she left deed conveying the
land to her several children, but, through care
lessness or iRnorauce, the deed never filed
according to law. and it therefore held that
tbs sale of the land to Fitzgerald by one of the
Ehanks children was valid.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Granting Liquor Licenses.

The County Commissioners yesterday granted
thirty eight applications for liquor licenses.
None of the applications accompanied by re-
monstrances were taken up. They will be con-
sidered next Wednesday, and the members of
the board say they expect TO give all the re-
monstrants fair hearing Several more re-
monstrances are expected to be fled Another
application for license for saloon at Acton
filed yesterday. aud the citizens of the viii
lAge have given notice that they will oppose the
granting of the license
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Defeated BY Missouri Law

There IS a conflict pending between justice rs
administered il Missouri and in Indiana. John
Benson. insane man, now in the custody Of
Marion county authorities is the owner of S.
600 in government bonds aud $500 in city OF st.
Louis bonds. which ara now on deposit with
the Sc. Louis Safety Deposit Company.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Libsled Ais Associate.

The trouble between foreman Stevens of the
No. 6's, FIRE department., aud engineer Stake, OF
the same place, has resulted in Stake being CEN
sured, upon investigation, for libeling Stevens
1t is said the investigation has cleaned up mat
ters. and that hereafter harmony will reign in
No. 6.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

AUGosTURA Buffers do not only distinguish
themselves by their flavor and aromatic odor
above all others generally used. but they are
also preventive for ali diseases originate z
from the digestive organs. Beware of counter
fei.s Ask your grocer or druggist for the gem
uine article. manufactured By DR.. J. G. B.
Sierget q Sons
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
All Tariff Sheets Must Re Made Public.

WASHINGTON. March S.-The Interstats- COM
merce Commission has ordered that every tariff
of rates and charges which common carrier
subject to the provisions of the act to regulate
commerce, of itself, or jointly with other car
riers. whether such carriers are or are sub
ject to such act. shall establish for the transpor-
tation of articles of customary export from any
point within the United States to seaport
thereof, TO any point in the boundary
of an adjacent country, or to any foreign port or
place. is required TO be fled with the commits
sion, aud shall be made pubiic The tariff. as
filed and made public, shall show the rate
charged by the inland carrier carriers to the
point of export, including all the terminal
charges expenses, and shall also show in
what manner the through rate the point Of
ultimate destination is to be determined,
whether by the addition OF the ocean rate from
time 10 time prevailing. or how otherwise.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

EVERY one is the artisan of hiE own fortune.
IT ron wish fortune keep healthy by the use
of Warmers Log Cabin Sarsaparilia which purf-
hes the blood and thus gives health and strength.
Largest bottles on the market
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
The Last of the Ives-vandalia Deal.

bpeClaI Go the 1ndIanaDoIIB JournhL
TERRE HAUTE March S-The IL. 100 shares
of Terre Haute and Indianapolis, and the 4.446
shares of Terre Haute and Logansport stock,
both for value of $50. left with Mr.. McKeen by
Ives as collateral with his note for $669, $50 in
final payment on the stock, that fell due Jan.
3. and was not paid, were sold at an advertised
proposal for bids to-day. Mr.. McKeen
was the only bidder. His bid
was $4,000, which is about $500
more than the amount of the note with interest
This is the stock the sale of which the Cincn-
United States Court. AppSehensive that some
further action might be taken, Mr.. McKeen SCI
cured restraining order in the local court here
but it needless. It is held here that to-day's
transaction is the last scene of all in the Ives
Vandalia deal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09
Mans Economy.

Journal of Education.
Philosophers have noticed that when man
m kes MP his mind that he has got to practice
economy he generally tries to begin with his
wife's expenses
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

THERE WILL BE MEETING OF THE MOOR
Il porators and members of the indianapolis Asylum
for Friendless Coiored Children held at Friends
Church. Delaware and st. Clair Streets the
14th inst at $50 o'clock D. m. for the purpose of
elecng nine directors for the management of said in
etitution.