davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
The Court Record.
SUPREME COURT DECISIONS.
Hop. J. 4. J. aIltchelI. chief-iustice.

y. a. ..
I4O25 John W. Galley vs. John Morgan.
Huntington Q. g. Affirmed. Niblack J.-Judg-
Hnents by confession have all the qualities. incl
dents and attributes of other judgments, and
cannot be valid unless entered 10 q court which
might lawfully have rendered the same judg-
ment in n con tested cause. but judgments by
confession are supported by the same presump-
tons which sustain other judgments when col
laterslly called in question When a defendant
submitted himself to the jurisdiction Of the court
and confessed judgment for q specified aum and
the court assumed Jurisdiction of the cause and
proceeded to enter Judgment for the amount adj
IDitted to be due. the presumption that all the
preliminary steps had been taken, which were
necessary TO confer jurisdiction ought TO be in
dulged A. Judgment entered by confession
without the fling of an affidavit. required by
Sec $751; 10 valid between the parties 1t is only
as TO creditors that . Judgment so entered is
void. Where person under legal, as well an
equitable obligation, 90 discharge an incum-
brancs. discharges it, he cannot have such in
eumbrance kept alive for bis benefit 60 the in
Jury of another adversely interested.
1915 Abper Mitchell Va KAsper Hartley.
Warren G. C.. Reversed. Elliott, Where
one takes a note by assignment, with the agree
nent that IL ne can use II he will have TO pay
she assignor certain sum, and he afterward
bles IL as q cause OF action, be made such use
Dt the note 10 charge him. although 1t does not
Afhrmatively appear that he received any money
omit
lsl45 Henry r. Mcdonald vs.. Lewis Payne,
ct al Porter O. G. Affirmed Mitchell. L. J.
Where the attack is collateral, II the termini
and intermediate course designated and
described either BY courses or distances. or by
reference to known monuments or permanent
oDlects. 50 that BY taking the description as
given IN the proceedings all together and giving
All reasonable AMENDMENTS in favor of the pro-
eeedings. the highway be located from the
description thus given, the order establishing it
will % upheld.
1880 McCormisk Harvesting Machine Com-
pAny vs. Thomas Gray. Pulaski q. c. At
nrmad Howk, J.--When bill of exceptions
Incorporating the long-hand manuscript of evil
dsnce. Is prepared and presented "a prepared to
the JndGe OF the proper court for his approval
and signature, II such judge signs such bill he
thereby adopts and certifes every materialstAte-
ment in the bill which precedes his signature
2 When plaintiff ia a suit on q note assigned
10 his motion for new trial the fourth statu-
tory cause, namely excessive damages" and
not the fifth statutory canse. no question there
90 ~ presented. The fourth II proper
only IN cases OF torts g. When il was shown
By premnary PROOF that the original papers
were introduced IN evidence on the nrat trial
when tbs DESCENDANT recovered judgment from
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
miscellaneous Notes.

The Northern Pacific 10 enlargii,g the shops at
Como and other points. preparatory to building
considerable per cent of new equipment
It Ia stated that the New Yorx Central com
promised with its striking switchmen by giving
them an advance of par cent. The demand
was for an advance of 10 per cent
The railroad companies Of Russia carry on a
system Of accident insurance on their own &C.
count Travellers are insured on each journey
by paying a prsmium OF per cens. of their fare
The Southern Pacific has decided not to build
70 San Bernardino. Mr. Huntington found that
IL would %, 0oO.0 900 70 get entrance there
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18

which plaintiff prosecuted it's former appeal to
this court: that in preparing the bill of excep-
lions the original papers were used and were
then placed in the hands of plaintiffs attorney;
that on the last trial plaintiff failed to account
for or produce such papers. it ssss shown there
by that the original instruments had been lost
and could not therefore be put in evidence by
the defendant
SUPERIOR COURT.
Room Hon. n. B. Taylor. Judge.
Jacob Cline va. Julia A. Cline divorce. Grant
cd plaintiff proof OF abandonment
John E. McKendry et al vs.. Sinker. Davis 81
Co.. damages- On trial by jury.
Room 2-hon D. w. Howe. Judge.
John GriRsby vs.. Lawrence Rowland; dam
ages. On trial By jury.
The Madison-avenue Saving and Loan Asso-
citation va Daniel G. Volmsr es al; foreclosure.
Cause dismissed.
Room 3-Hon. Lewis @. Walker. Judge.
VIM. Dell VS.. the City and the Union Railway
Company; damages. On trial BY jury.
NEW SUITS FILED.
Daniel P. Wilson Va. Margaret E. Wi1so n;
complaint for divorce. Allegation. adultery.
Mary Swaninger vs. Asa 6. Willis; complaint
20 quiet title.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
To rastifv Against Els Partner

Charles Wilson, indicted with Squire Gamer
on for committing q large number of robberies,
will DO put on trial in the Criminal Court to-
day He will be tried on three counts, charg-
ing him with assisting in waylayinR and robbing
Henry Guetig of $3.50 gold watch and some
money, and for the robbery of the residences of
Mrs Moores, on Alabama street, and Mrs.
House. on College avenue. Cameron has
pleaded guilty to all the charges, and will appear
as witness against Wilson, after which he will
ha eanfanced
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
The Case against the Trustees.

The briefs. summarizing the oral arguments
for both the plaintiffs and defen dants on the
motion to demur to certain paragraphs of the
complaint Of the Encouragement, asking for
the removal OF the Insane Hospital tru5tees.
were fled with the Superior Court judges yes
terdav. They will be considered at once, and a
decision Ia expected the latter part of this week
The issues will then be made up and the case
set for trial as as possible. Whether or
not the case will be tried by by jury is yet
70 be argued before the full bench Of the court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
the Probate Record.

James n. BARLEY q %lihed yesterday guar
dian OF Charles. Cslinda, Mabel and Grace Bart
ley; and Mary Webb was appointed admins
traitor Of the estate of John G. Webb, deceased.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-18
RETARDING THE VIADUCT
Trial Of the Dell Suit, Involving More
Damages than We're Granted Him.
II the Question Goes to lbs Supreme Court
the Work Will Not Begin for Several
Years--Other Court Matters.

As the urgent request of the city and the
Union Railway Company the suis OF William
Deli 70 recover damages in exce1s OF the amount
allowed by the board OF commissioners on ac-
eount Of the injury that would be done to his
property by the building of the viaduct east OF
the Union station. was called tor trial before
Judge Walker yesterday morning. The city Is
represented in the case by City Attorney Tay-
ior and Ferd Winter and the Union Railway
Company by Mr.. Daniels. The appellant is
represented by Mr.. Claypool AS the disposition
Of the similar suits will depend largely on the
result Of the case. all the property-owners in
tsrested were present The trial Is by jury,
and ali forenoon was consumed IN selecting
twelve men who know nothing
bbous what property should be worth
The commissioners allowed Mr. Dell
Il 74s but he thinks he should have at least
1900 more. After the jury was impaneled
he question arose as TO whether the valuation
mould be reckened on what IL is now or what it
Vas when the city commissioners assessed the
aamssea AS property has increased materially
M value since the assessment was made the at
lorney for the plaintiff urged To have the esti.
mates based on what the property would bring
now but J udge Walker held that the valuation
1t this time was too remote. and the expert wit
what the property would have brought the
market q year ago. large number OF wit
nssses are To be- examined on both sides. and the
ease will likely consume several days.
The cases of the two other Appellants, Delos
Root aud Peter Bryce, one OF which Is pending
In Room and the other in Room 2 have been
set for trial, and unless the plaintiffs should
conclude TO dismiss, they will be called 1p as
soon a. this Dell suit 10 at an end. The result
Of the suits Is of great Importance, as IL will
determine whether or not the vladuct Is to De
built this year. If the plaintiffs should be
awarded damages but little in excess OF the
amount allowed by the commissioners. the city
will likely pay the amount rather than have the
building OF the viaduct delayed. but in case
either side appeals to the Supreme Court, final
decision will likely not be reached short of three
years, and the improvement would necessarily
be delayed that long, unless the city
should deem it advisable to guarantee
to the Union Railway Company that it would
be responsible tor any additional damages that
might be awarded. The company Is satisfied
with the amount assessed by the commissioners,
and is ready to pay the sum over to the city and
begin work as soon it is guaranteed that an
additional amount will not have to be paid.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
WACO.
A Cow Ordinance That Can't Be Burned Out.
Work of the District COurt-An In
dignation Meeting.
Special to the Gazette.

Special to the Gazette.
WACO, Ten, Dec. 17.-Heretofore
Waco has had a cow ordinance which
only prohibited animals from running
loose at nights, but to-day the new ordi-
nance which prohibited cows from graz
ing on the sidewalks at all times went in
to effect and by noon the marshal and
his assistants had corralled about twentys.
five. They were placed in shed in tina
Goldsmith wagon yard where there was
an abundance of hay. At 3p. m. the
hay Ind shed were discovered on fire and
the COWS came near burning.
1t is supposed that some
one who felt eggrieved at the
passage of the ordinance undertook this
method of getting revenge on the city
officials. The damage was small, rs the
fire department quickly eXtinguished the
flames
The criminal calender of the district
court was concluded to-day, and Judge
Williams passed sentence on the follow
ing parties: John Harris, theft, two
years in the penitentiary; Bob johnson,
theft of cattle, four years i'll the peniten-
tiary. During the term of the court
County Attorney Blair scored twenty
nine felony convictions out of thirty
three cases tried
A number OF real estate owners who
live outside OF the present city limits, but
who would become citizens by the
terms of the proposed new city
charter, met at the corner
OF Eighteenth and Franklin streets
and held an Indignation meeting. Mr..
Thomas Rollingsworth was made per-
manent chairman, and Captain Robert
Ross permanent secretary. The meeting
was addressed by Captain NJ D . Herring,
james [. Moore and Others, who attacked
the charter bitterly. The meeting adj
journed to meet again next Saturday
night to formulate plans for successfully
fighting the charter before the legisla-
ture.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
HON. W. II. McLANE.
Resolutions Called Forth by His Withdrawal
from the Judgeship of the Fifth District.

Resolutions Called Forth by His Withdrawal
from the Judgeship of the Fifth District.
Special to the Gazette.
PTTsBURG, Ten. Dec. 1.-THE Bar
Association of Pittsburg and attorneys in
attendance on the district court met in
the courtroom at noon to-day and passed
the following resolutions addressed to w &.
j. Singletery, chairman of the Bar As
ISOLATION:
The undersigned committee appointed
to draft resolutions expressive of the
feelings of regret occasioned by the with
drawal of Hon. W. II McLane from the
judgeship of the Fifth judicial district
beg leave to submit the following report:
Resolved, l. That Judge McLane dur
ing the last four years has exhibited in
the discharge of his official duties all the
qualities which go to make up the learned
lawyer and incorruptible Judge.
2. That in retiring from the bench he
carries with him the respect and adj
miration of the members of the bar and
Of the people, not only for his learning as
q iurist, but for that moral courage
which despite the criticisms OF the ig-
nOrant and the cavils of the maleyolent
enabled him to administer impartial
justice to those who invoked either law
or equity at his hand.
3. That his ability and integrity as q
judicial officer so abundantly established
on the district bench demonstrates his
eminent qualifications for any legal
position to which his fellow citizens may
call him, and that to crown
his mature years and great
learning in. the law with q
wide field for its exercise would be but
just tribute to one who has applied him
self with unselfish devotion to his profess
sion.
4. That while We regret the with
drawal of W. II. McLane, we cordially
welcome to the vacancy thereby occa-
stoned, the Hon. John l.. Shepperd, who
by reason of his abilities as district attor-
ney, inspires every confidence that :hs
will prove worthy successor.
The Finest Rggs@ssK he West
At Anderson gtsH Store.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
I.IEe Pnink Hifh Pridc,,

To the good name at home,'' won by
Hood 3 SarsapaFilla. In Lowell, Mass !,
where it is preAged, ,tiiere is more of
Hood Sarsaparf scfd than of all other
and itslfA given the best of
hSftisfaction sinee ia introduction ten
years ago. Thseoul8Qot be if the med
icine did not ,Rsssess meJ&t If you suffer
from iInpures6lood, try Hood Sarsapa-
rilla and realize IFS peculiar curative
power.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
Went Down IN the Ohio.

PITTsBURG, PA, Dec. LIT is re-
ported that the towboat Coal Valley, be-
longing to Joseph a. Stone s. Co. of this
city struck log near Dearman s Ripple
on the Ohio river sometime yesterday
knocking hole in her side and causing
her to sink. No one was injured. The
loss viii probably reach $50, 900.
The boat struch the snag about II
O'Clock yesterday morning, ana is now
lying at the foot of Dearman' Ripple in
seven feet ofwater, with q hole twenty feet
square in her side. The rivers are rising
to-day, and unless the boat is removed
at once it Will be totally wrecked.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

died at his home at Lebanon yesterday,
aged seventy-three years. He had been
a member Of the Ohio legislature eighteen
years. He was appointed secretary of
Washington territory by President Grant
and served as consul from 1874 TO 1873
having been public officer more than
thirty years He was born in Washing
ton county, July Is, 1915, and his death
was due entirely to the infirmities of old
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
KsHERHF SHOT.

II. D. Wallace OF Young County Dangerously
Wounded by One of the NARROW Brothers.
Special to the Gazette.
GRAHAM, TEX, Dec I'm. D. Wal
lace, sheriff of Young county, was dan
gerously shot by one of the NARROW
brothers to-day at Benson IS farm, fifteen
miles south of Graham. The five Mar
low brothers were arrested several
months ago for theft of horses in the In
dian Territory. They were all out on
bail. The one that shot Wallace was
charged with murder in Wilbarger county
and for this offense Wallace had war
rant for his arrest. Tom Collier, deputy
sheriff, was also very slightly shot in the
melee, the ball glazing his head above
the right eye
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
.FHE3TRICAL PEOPLE IN UNDRESS.
Amusing Scenes in Detroit Hotel Caused by
the Alarm of Fire

Amusing Scenes in Detroit Hotel Caused by
the Alarm of Fire.
DETROIT, Dec. 14.-At l O'Clock this
morning the awning at the Cadillac Hotel
drug store was set on fire by cigar stub.
a frightened bell boy touched the cleo
trio annunciatOr, and the alarm bells in
all the halls were set ringing. In few
moments the office of the hotel was
crowded with half-dressed guests, and q
patrol wagon, several engines, hook
and ladder trucks and Il crowd of people
were gathered around the hotel. Among
the guests were Miss Maggie Mitchell,
Corinne and Mrs. Jennie Kimban,
the manageress. Miss Mitchell was
conspicuous in pair of slippers and a
shawl. Corinne appeared hardly more
dressed than when on the stage. She care
fully carried her $3.50 pug dog, but had
not stopped for raiment. G. E. Blan-
chett wore his tall hat, overcoat and
slippers-nothing else-and Mrs. Blan-S
chett was dressed in her sealskin and CIR
ried her pet dog. Actor Kent It's attSnu-
ated form was partially concealed in a,
long fur-lined coat, and ActoG Losssss
came down stairs wearing only hfsselisahta
robe and a look of fear. 1t was more
than an hour before the excitement coaahd
off and the guests could be induced to- 20
to their rooms. .S
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
PROPOSED EXCHANGE OF OFFICES.
A Remarkable Bargain Between a Kentucky
Postmaster and Z Railroad Agent

A Remarkable Bargain Between a Kentucky
Postmaster and Z Railroad Agent.
NASHVILLE, KY, Dec. "details of
remarkable bargain between a federal
office holder and railroad man came to
light here this morning. According to
the story, Postmaster a. C.. Repess of
this city and Robert Ficklin,
agent of the Maysville and Big
Sandy and the Kentucky Central
railroads, have made arrangements TO
trade positions. The postmaster will
turn his Office over to the railroad man
and the railroad man will transfer his
job to the postmaster. The postmaster
viii then send i'll his resignation and
recommend Ficllin rs his successor, using
his influence through Senator Beck to
have Ficklin appointed. The hitch at
present seems to be Senator Beck $ i'll
ness. Ficklin thinks that if he can get
.ssssew, being gTWpublican, he will hold
on ~, the next fsur years.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
A Fire nrarshai Commits Suicide.

CHICAGO, ILL, Dec. 17.-Frank F.
Sweenie, fire marshal of the town of
Lake, large suburb in which the stock
yards are situated, committed suicide
this morning by cutting his throat. He
was n brother of Chief Fire Marshal
Lewis Sweenie of Chicago, and was for
many years connected with the Chicago
Fire Department. He was an artillery
man during the war and was one of the
prisoners who escaped from Andersonville
prison. No cause for his rash act is
known.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

The San Antonio horse market has been
remarkably dull during the past week so
for as large sales for shipment are con-
cerned, though the yard sales have been
fairly good. Dealers are somewhat puZ-
Zled to account for the inactivity as very
little has been done in the way of ship
mentS since the season for the northern
trade closed. The yellow fever quaran-
tine threw damper over the eastern
trade early in the season, but it was con-
fidently expected that a good business
would be done when the quarantine was
raised. So far these expectations have
not been realized.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
Marine Intelligence.

Special to the Gazette.
GALVESTON, TEX. Dec. 17.-Arrivet
Steamship Nueses, from New York.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Receipts for 1888 TO December at KAN
sas City were 3,47l cattle, 1928 ,612
hogs, and 1923 10 sheep, showing a gain
OF $50 ,9l9 cattle, 375 ,423 hogs loss, ana
gain of 127 $50 sheep compared with
1887.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
Shipped From ColorGdo.

Special to the Gazette.
COLORADO, TEX, Dec. l7.-Dr. J . L.
Edwards of Ennis shipped 1900 head of
eTsffe terday pagtYbhg to the Chicago
sfnarket Md parE4o little Rock for feed
ers.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
ROUND-UPS.
Transactions Among Those Engaged in
the Cattle Business.
State of Trade in Fort W0rth-The San Antonio
Horse Market-Immense Shipments.
The Country Unloading.

A well posted stockman says the runs
of cattle on the market now consist of 60
per cent cows.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Bud Littlepage has sold 500 head of
stock cattle to the Austin and Northern
Land and Cattle Company for $3.50,
range delivery.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Silver platedaapkin rings, 50 cents to
So. W. c. PTAEFFLE,
~ COS Main Street.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Gold-flled watches, $40 to $40.
W. C. PRsassgLE, COS Main Street.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18
To Young and Middle AgGd Men,

IU lUal8 dIu Mluul0-hS5u HULL
A SURE CURE The 93giv awful Rae effects a5iS Of
brings Organic Weakness, destroying both mind
and body, with all its dreadful ills, permanently
cured.
URETHRA STRUCTURE JRi3I permanently
neither knife, caustic dilation-without
pain or injury. Proof indisputable.
DRS. BELTS impaired 5fss 'H Themselves SsU A bS
improper indulgence and solitary habits, which
ruin both mind and body, uniting them for bus
mess, study or marriage.
MARRIED MEN those entering that
happy life, aware of physical debility, quickly
assisted.
OUR SUCCESS
Is based upon facts. First-Practical experience.
Second-Every case is especially studied, thus
starting Alright. Third-HeCicineS prepared
in our laboratory exactly 10 suit each case, thus
effeCtng cures without injury.
rs Send cents postage for celebrated works on
Chronic, Nervous and Celicate Diseases. Thous-
ands cured. RE-A friendly letter or call may
save future suffering and shame. and add golden
years to life. RENO letters answered unless ac-
companied by cents in stamps. Address or call
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Silver-heade4 asines and umbrellas
81 so to Sl5. Nv. C. PFAEFFLE,
s. COS Main Street.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

There are q good many fine feed steers
in Colorado, and they are being bought
by Nebraska, Kansas and Indian Terri
tory feeders. One company sold nine car
loads of feeders to Kansas parties last
week for S25 per head, and another firm
sold $50 head to Nebraska parties for So
per head. Steers are bringing from So to
81 per head more this year than last,
which is an evidence of steady but slow
return of prosperity to the business.
Il Field and Farm.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Orange peelerssOc at W. C. Pfaeflle's
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

Kirby & Cree of Fort Stanton, who
drove a bunch of steers to Amarillo for
shipment to Kansas feeding pens, and
which, it is said, was the best bunch of
graded steers that have gone ont of New
Mexico this season. sold the yearlings of
the bunch to Captain Kearney of Cedar
vale, Kans. g, at Sll 80, the twO-year-
ODDS to Gaddis s. Biggers of Higgins,
Tex, ut Sl4, and the three and four
year-olds to the same firm at SIS so.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

There is fair tradiI on this market
now in live stock. Dealers i'll thorough
bred cattle are having all the success they
could reasonably expect, the prices re-
ceived being considered good as compared
with those ruling elsewhere. The trade
i'll horses, as i'll other parts Of the state,
is light, but is better now than during
the eaJSx.Jpart of the season. The influx
of sxs1fsa fat cattle for the Xmas market
HAS not begun.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

The receipts of cattle on the Chicago
market on November % were the largest
ever recorded for one day, numbering
20, 06S head. The nearest approach to it
was IL, 1866 head received January u
1896
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-18

The scarcity of ears and the large num-
Der Of cattle being moved over the
Southern Kansas Road puts shippers to q
great deal of trouble. A bunch of cattle
from the Hamburg ranch was made to
wait six days at Canadian City recently, ,
there being no cars at hand with which to
move them.