davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
The Court Record.
SUPREME COURT OPINIONS.

SUPREME COURT OPINIONS.
1544S. John Ratliff VS.. Jane A. Stretch.
Grant c.. C. Affirmed. Miller. jim order
to justify q court in enjoining the enforce
ment of q Judgment claimed to have been
obtained by fraud. mistake or accident. it
il necessary for the complaint to show, in
addition to the fraud or mistake relied
upon, that it could not have been prevent
ed by the use of reasonable diligence on
his part, and that he has been diligent in
seeking relief, and that the law afforded
him no sufficient remedy for the mainte
nance of his defense in the action in which
said judgment was rendered.
1850. Erasmus K. ID. Curtis VS.. Lucy A.
Curtis ct al. Tippecanoe T.. &. Affirmed.
Olds, J.-Where q notary did not attach
his seal to his certificate to deposltions. but
the county clerk c~ertifies as to his official
character. hat the signature was genuine.
it is sufficient. 2. Where the husband is q
resident of the State. the wife could not
be required to give bond for costs in an
action against the husband to recover the
custody of her child.
1898. Pennsylvania Company VS.. Patrick
H. McCormack. administrators. Bartholo-
NEW G.. c.. Affirmed. Mcbride, J.-If q
railroad company so n~egligontly constructs
its tracks and side-tracks that oars occu-
pying the main line of It's tracks cannot
pass cars occupying the adjacent side-track
without endangering the lives of the en-
pioyes charged with the duty of moving
such cars Its negligence Is a~ctionable. In
suCu cuso ~ ~ No dc1cboc that tuoso okiAB
ing the cars in dangerous proximity were
co-employes. 2. 1t was not error to prove
that IL was customary to cut moving trains
ct the station where dscedent gas killed.
APPELLATE COURT OPINIONS.
80. L., N. A. 81 C. Railway Company VS..
Nancy j.. Elzter. Exeoutrlx. Washington
G. T.. Affirmed. Black. ITO make q road
q highway by user IL must be used by the
public, but its character is not determined
by the number of those who travel upon il.
If IL is travelled by the people of the neigh
borhood. and all others desiring to travel
through that way. this is use by the pub
nc. the place where the animals
ing of q public highway. and the failure TO
put in c~attle-guards was o failure to
securely fence. for which the company is
liable.
44a. WIN. Fehn VS.. State. Ripley G. c.
Affirmed. Robinson. J.-When appellant
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Personr,, Local and General Notes.

Robert Blee. ex-general superintendent
OF the Big Four lines, who has been i'll for
some weeks. has so far recovered as to be
about again.
the Lake Shore road az Erie. Pa, has re-
signed. Mr.. Reynolds was formerly on the
]. IL ST. l.. road.
Z. A. Ford and Q number of subordinate
passenger officials of the Pennsylvania
Company were in the city yesterday en-
route home from St Louis.
l.. p. Lord. superintendent of motive
power Of the Big -Four lines, who has been
Ill for some days. was able TO be at his of
ice yesterday for a few hours.
J. Rogers Maxwell. president of the Gen.
tral railway OF New Jersey. denies the re-
ported leasing of the Lehigh Valley rail-
road to the Central of New Jersey.
The general officers of the Lake Erie &
Western road. who have been of on a North
western trip for several days. were in Chi
cago yesterday and are expected home to-
day.
A. p. Tanner. who recently resigned az
division superintendent of the Santa Fe
freight agent of the Santa Fe, with head
quarters at Chicago.
On MsIon l Thomas r.. Wilt goes TO Gin
cinnati to take the position OF city ticket
agent of the Pennsylvania lines at that
point. His duties here will be looked after
by George Rockwell
The directors of the Belt road and Indi.
annapolis stock-yards have elected w. p.
Hams president, Horace Scott vice presi-
dent. K y Mckee secretary and treasurer,
n III. ID. Lane auditor.
c. w. Chears has been appointed assist
ant general freight agent OF the Kansas
j. j. Fletcher. of the Big Four. was recently
appointed general freight agent.
An impression prevails that VI. f. Ingalls,
could tell. IL he chose. who furnished the
Crawfords with money to lit the Indiana
Midland. now the Chicago * Southeast
ern road. out OF its financial difficulties.
The Big Four will to-day sell but three
hundred tickets for Chicago at the low
rate. the sum realized from that number of
excursionists evening MP its per cent IN the
passenger excursion n theatrical troupe
pool.
b. F. Crawford. who yesterday took
charge as master mechanic of the Pennsyl-
vania shops IN Fort Wayne, coming from
Altoona, II said 10 be the Youngest man
holding this important position In the
country.
The Chicago & Eastern Illinois earned.
IN January. S307.057; increase over January.
1901, S10,eO6. Since July L, 1891, the road
has earned. gross, s2.170.6 go; increase over
the corresponding seven months of last
year, S57,0o9.
The Lake Shore yesterday notified West
ern connections that it was again ready TO
receive freight for the East. and the notice
which such connections received q few
days ago to the effect that the road would
receive no new business until Feb. 8 wee
Withdrawn. The Big Four began pouring
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Hiding the Prosecuting witness.

Judge Cox yesterday sent for Harrison
Wyatt. attorney for John Goodman, and
notified him that the case had been set for
trial Monday and that be must be in readi-
ness, not only with the defendant, but he
must notify the court of the whereabouts
of Martha Fisher, the pros ecuting witness.
The court had been informed Of the exist
ence of q certain letter indicating that the
defense and the woman are in collision to
thwart the end of justice by having her
kept in hiding. She charges that Goodman
stole her gold watch ana chain and had
him indicted. Her home is on South East
street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

20 the Editor OF The indianapolis Journal:
In your report of my remarks at Colonel
Lilly's dinner. last night. 1 am quoted as
giving the credit of opening the war in
West Virginia. at Philippi. June 8. 1861. to
the Eighth. Ninth and Tenth Indiana regi-
ments. The Indiana regiments entitled to
that honor were the Sixth. Seventh anc
Ninth. The Eighth and Tenth regiments
were with Gen. Rosecrans at Rich Mount
ain. and led the assault In the capture Of
that place. July IL. 1851. l. n. WALKER.
INDIANAPOLIS, Feb. 3.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Forfeited Their Bonds.

The bonds of Charles E. Duvall and
Joseph Sauers, charged with assault and
battery, were yesterday declared forfeited
by Judge Cox. The cases had been set for
trial, and the defendants were not present.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Sold Liquor ON Sunday.

Michael Donahue. a saloon-keeper, at No.
II McCrea street. was fined $40 and costs
yesterday, by Justice Afford. for selling
liquor on Sunday. The affidavit was filed
by George w. Cook. O colored driver for
Frank Birds Transfer Company. who tes-
titled that he and three other drivers pur-
chased some beer there last Sunday. The
motive of the prosecution seemed to be re-
venee for Donahue's refusal to give the
men access to the free lunch.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
worsted by a Book Agency.

Edward B. Cummings brought suit yes
terday against the Royal Publishing Com
pany and others on o breach Of contract
and for damages. His demand is for $500.
1t Is alleged the defendants required the
plaintiff to deposit with them $3.50 as secur-
ity for the books to be deposited with
him. from which he was to fill the orders for
books sold on subscription. The complaint
states that this was not done, and that the
deposit Is withheld from the plaintiff.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
stopued tho Trial.

The damage suit of Max Liverlight
against the Pennsylvania road and the
Union Railway Company came to o halt
yesterday in Judge Walkers court. The
second defendant moved to be released
from the Gaze, as b evidence did not IN
volve il. Judge Walker sustained the
motion. The Pennsylvania Company then
entered q demurrer to the evidence. assert
ing that it was not sufficient to warrant q
verdict for the plaintiff. This was taken
undar adYIaAmenf.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
The Justice's Decision Was Void.

John Clune was yesterday fined S. and
costs by Judge Cox. on q plea of guilty to
an indictment charging him with assault
and battery upon John Rosenberg. The
assault was unprovoked and brutal, but
the fine was made low. because when Clune
heard he was indicted he hurried and
pleaded guilty to the charge in .Justice
F~eibleman's court. He was then fined S25
and costs. lie hoped thus to escape the
prosecution under the indictment, but
Judge Cox held yesterday the proceedings
however, to allow the fine and costs paid
there to stand. and II consequence re-
ceived the small fine in the court of juris-
diction.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

The greatest mistake the beginner makes
In cooking over meats Is to harden them by
cooking them again instead of simply
warming them mp, as she should. Hashes.
stewa. croquettes and al dishes Of meats
should be rapidly prepared.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

Both the method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleanses the sys-
tenn effectually, dispels colds, head.
aches and fevers and cures habitual
constipation. Syrup of Figs is the
only remedy of its kind ever pro-
duced, pleasing to the taste and ac-
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in Doc
and 81 bottles by all leading drug
gista- Any reliable druggist who
may not have it on hand will pro-
cure it promptly for any one who
wishes to try it Do not accept any
substitute.
CALIFORNIA re syrup CO.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

Col. Frybarger, a Once Prominent Man,
Subject OF a Guardianship Petition.
Liquor Bill More than His Income-Prosecut.
ing Witness in H~iding--Given the Worst
of 1t by q Publishing Company.

The hearing of the evidence in the mat
ter of the alleged business incapacity Of
Col. William w. FrybarGer b egan before
q jury, yesterday afternoon, in the Circuit
Court. Col Frybarger is represented by
Messrs. Pickerill & Winpenny. and Mrs.
Frybarger and daughter. Mrs. Moses Long,
are represented by Mr.. Jordan. of Span &c
Jordan. The prosecution contends that
Colonel Frybarger is unable to manage his
own affairs because of his constant state of
IntoxicatIon The court wasinformed that
his bill at Ben Jearps saloon for three
months was S140. or $50 more than his
quarterly pension of $40 per month amount
ed to. 1t was this discovery that led his
son-in-law, Moses Long. to cause his PEN
last. The first witness. Benjamin G. Shaw,
q pension agent, testified that Colonel
Frybarger had applied through him for an
increase of pension, on ground that his in
lob had affected his memory. Colonel Shaw
further testified that the d~efendant ought
to nave some one to care for him and to take
charge of his affairs.
Moses Long testified that Colonel Fry
barger bad not shown any regard for bis
family. INT that he had been liberal with
his money towards everyone else but them.
He said the Colonel was Q heavy drinker.
and spent the most OF his pension In sa-
looms. Other witnesses were called to
prove the same fact. The case win con-
tinue to-day, when the defense will be
heard. Ben Jearl and several other saloon
keepers have been subp9naed.
Colonel Frybarger was formerly o clti.
zen of Corners vile. and for several years
after the war as supposed to be worth
s100, 000. He was on Governor Morton's
staff and was prominent in State politics.
he has not lived with his family for fifteen
years, and has latterly boarded at the
Circle House. His only in como now is his
pension. He IL now seventy years of age.
The G. A. r. is lending its ASST lance in
having a guardian appointed. in .pursu-
ance of Colonel Walkers well-k nown
policy. as department commander, to pre-
vent the misuse of the pension money.
The posts are urged all over the State to
see to it that the money paid veterans shall
inure to the benefit of their families, and
when no one appears To initiate the pro-
ceedings, that it be done by the officers of
the post. Instances are numerous where
this policy has been followed with great
benefit.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Orfsfnal Puzzles.


1. Commencement. 2. To be obsequious. 8.
Glimmered. 4. To flourish or prosper. 5. To
disclose freely. g. Abundant. q. Sovereign
power.
mails. D. +. @.
NO. 3~72T-DOUBLE
1. A kind OF tea 2. A packet. 3. Mistakes
In writing or printing. 4. The exterior bone Of
the forearm. s.. To estimate.
Primals-The score OF a musical drama.
Finals
Combined-A lorgnette. AUNT o
NO S72S-HALF SQUARE.
l.. genus Of lichens. 2. To interrogate. 8.
Pertaining TO dogs. f. A vestment worn by
number. q. A number. 2. A musical syllable.
8. A letter.
NO. 3729-BEHEADINGs.
1. Behead q measure OF length in italy, and
leave q lady's name.
2. To cleanse, and leave q stringed instrument
of music.
3. A deep gorge, and leave again.
5. A chantry chapel inclosed with lattice, and
leave a century.
d. A glimpse, and leave to complicate.
NO. 3730-DELETIoNs.
/. From to place, take q Turkish arrow, end
?. From exploitation. take to gain, and leave
to saunter.
3. From disease. take a STRIPPING. and leave q
month of the year.
A. From supremacy, take a flower, and leave q
pronoun.
5. From a small fresh-wate dsh. take a tavern,
and leave a wry face.
8. From a notion. take confused type, and
leave a vegetable.
Answers in three weeks.l
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Selling Clereymen's Tickets

In o letter TO Chairman Finley the Rock
Island calls attention to q person now
languishing In the county jail at Chicago
VINO represented himself to that road as
Rev. A. Samuels. Q duly ordained minister
Of Calvary congregation. of Chicago. On
this representation q clergyman's half-fare
per mile was furnished him, and it was
afterward found that he had sold il to a
broker. The mar was arrested while sell
ing clergymen's permits, of which he had
several. The Rock Island notifies Chair
man Finley that the ticket issued by that
company has been bulletined-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

Answers Co Puzzles.
No. 3712-Leisure, without literature, is death.
No. S7l3-1. Carver, carve, care, car. 2. Spin.
ny, spiny, spin, pin, IN. 8. 6prite, spite. spit,
pit.
No. STA CRAPULENT
R. ING
Az o ID
Pc L
u
L I
END
NC
Il
No. 3715-1. RateL 2. Palm.
No. 3716- CT I 8
N Il X T
8 E r L 8
Il II 1 b u +
E II L o "
b
END 8
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
THE PUZZLE DEPARTMENT.
Answera fo PuxxIea-

Ian communications Intended for this depart
sasnt must be addressed TO wa 81. GrG0an. West
Scarborough, Mel
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
cALkF0RNN ne SYRUP col
SAN FRANCISCO. CAL.
LOUISVILLE. Nv. NEW YORk, M.v

filed his bill of exceptions at the time the
motion for q new trial was overruled ar
the same term, but efter the rendition OF
Judgment. the evidence Is IN the record. y
Prosecution for selling liquor to q minor
The evidence tends to sustain the finding.
Rsinhard and ~Crumpacker, u. Dissent
: 1S4. John HI. Jones, Administrator, VS..
Clara Gellen. Putnam G.. Z. Reversed.
Crumpacker, Jan infant is concluded by
the assumption of the family relation
part of the foster parent.
ATS. Enoch Fuller VS.. Willis g. Cox.
Monroe G. G.. Transferred to Supreme
Court. Reinhard. 1.-THE conetitutionality
364. Benjamin Hawthorne vs. Board. etc.
Randolph c. G. Reversed. New, lit Is
by the dearest implication provided by
statute (Sec. 5745 r. ST. that the sheriff OF
q county is entitled to be paid out of the
county treasury the fees which be Is
authorized by statute to tax and charge
for committing and discharging persons to
and from the county jail
SUPERIOR COURT.
Room Hon. Napoleon B. Tavlor. Judge.
Romona Oolitic Stone Company vs..
George F. Branham er al; account. On
John a. Puryear VS.. Matte Belle; re-
pie win. Dismissed.
Room James W. Harper. Judge.
Emma L. Frankel Va. Lincoln NJ. Webb.
Dismissed by plaintiff.
America f. Champ VS.. Thomas Champ;
divorce. Tried by court. Taken under I'D
visement.
Room s-Hon. Lewis c. Walker. Judge.
Max Liverlight ct al. VS.. The Pennsyl-
vania Company ct al; damages. Defendant
demurred to evidence.
Ne,c Suits Filed.
Fidelia J. Gregg ct sl. VS.. Caleb Tn omas:
CALVIN Monroe ct al. ivs..Joseph Moore ct
al; foreclosure. Demand. $500.
Thomas Scott VS.. John w. Emerich ct al;
mechanics lien.
Rebecca c. Schofeld VS.. William A.
Thompson ct al: to quiet title.
Keystone q and Improvement Com
pany VS.. Lincoln NJ. Webb; damages. Con-
tract. Demand. $500.
Edward B. Cummings VS.. Royal Publish
ing Company ct al; damages. Demand,
Matthew Arbuckle VS. Henry Schnull;
damages. Demand, $500.
IRCUIT COURT.
Hon. Edgar A. Brown. Judge.
In re. ~unsoundness Of mind of William w.
Frybarger. Under hearing by court and
jury. .
CRIMINAL COURT.
Hon. MilIard e. Cox. ] udge.
State va. John Clune; assault and bat
terry. Plea of guilty and fine of IS and
costs.
State VS.. John Goodman: grand larceny.
Defendants attorney ordered to have the
States witness on hand for trial for Mon
day next.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06
Immigrant Rates.

Erroneous reports have been published
rs to the object of rhe meeting of the Chi
cago-St Paul lines. to be held at Chairman
Einley's Office. in Chica 60. to-day. The cut
rates recently ~inaugurated by the 500 line
between st. Paul and Eastern points have
nothing TO do with the proposed conference.
For some time the Northwestern roads have
permitted the Grand Trunk to make GER
tain rates from eastern Canadian points to
western Canadian points. by way Of Chi
cago, to meet the competition OF the Cana
dian Pacific. These rates were only for
settlers destined to certain territory. OF
late. however, both the Canadian Pacific
aud The Grand Trunk have been applying
the same rates to immigrant traffic to the
Northwest. This brought out q .pEotest
from the New York lines, which claimeR
dlfferential of $3.50 on immigrant traffic via
Montreal, and the coming meeting is to con-
Bide- the advisability OF cancelinQ the ex-
listing arrangement with the Grand Trunk.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-06

State vG. John Chime; assault and bat
terry. Plea of guilty and fine of IS and
costs.
State VS.. John Goodman: grand larceny.
Defendants attorney ordered to have the
States witness on hand for trial for Mon
day next
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1892-02-04
FOOD FOR LIVE STOCK.
Hints from the Director OF the Maryfan
Experiment Station.

Hints from the Director or the Maryfana
Experiment. Station.
With a variety Of hay. corn fodder,
corn, oats, meal and middfngs such "a
are found on every farm, some are puz-
zled how to feed them right These
foods make a good assortment for
horses and cows If the hay and fod-
der Is fed dry, I prefer to feed the
grain separate from it A good feed
for a horse or cow is hay cut short and
moistened with salt water. then the
grain ration of meal and middlings
sprinkled on and mixed in a horse
should have less hay and more grain In
proportion than a cow
For horses / like nice sweet hay
given at least twice a day and all they
will eat up clean or about 10 or II
pounds each add to this the grain
ration. feed separately and in two or
three parts or different feelings, rs
you may prefer. There is nothing bet
ter for horses than oats In cold
weather corn may be added, but pre-
fer not to use il in warm weather. if
oats are abundant The quantity. of
grain for a horse should depend upon
his work and viii range from TO Il
pounds per day, no matter what kind
-
ing hard. he can be fed as much as
Il pounds of oats per day to adran-
tage- This means about the sauna
number of quarts Corn is heavier
and must be fed in much less
bulk There is no objection to feed
ing whole corn TO horses. but i should
not like to give more than 10 or IL
pounds per day a good plan would
be to feed the dry corn or oats. or the
two mixed. twice a day, followed by
hav, and then at night the cut-feed
above recommended. In this way you
would use or 5 pounds of grain at
each meal when given alone and from =
TO pounds of meal or middiings Tor of
the two mixed) sprinl1led upon the
moist cut hay for the evening meal
Cows require more bulky food. Give
them once day all the corn fodder
they will eat, cut to j inch in length.
and once day all the good hay they
Will eat For grain, oats are good, but
expensive, and you will hardly use
them much for cows Use instead n
mixture of about equal weights of
corn meal and middlings- Of this the
COWS should have two feeds n day and
from i to pounds at each feed, If they
are IN full fiow of milk If i had no
middlings or bran, / would certainly
have the corn and cob ground together
and feed cob-meal rather than clear
corn meal If you have to buy the
middlings, ] would decidedly advise
substituting coarse wheat bran, pound
for pound, to feed with corn and hay
Horses and mules masticate corn very
thoroughly, SO that 1t is well digested.
but cattle often do not While might
feed whole corn to horses should GER
tainly have it ground and use the meal
for cows--Henry E Alvord, Direetor
Md. EXP. Station
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1892-02-04
AMONG THE POULTRY.

If an egg is allowed to get thorough
IL chilled it viii not hatch.
TWENTY-FIVE hens are as many as
should be confined in one yard
GIVE the fowls at this time all the
opportunity possible for exercise.
CONSTANT handling of the eggs in an
incubator will often spoil the hatch
WHEN the ground is covered with
snow ducks and geese must be well
fed.
Do NOT rely upon any one material
for feeding, but supply a good variety
regularly
If onions. garlic or other strong ma
terials are fed to the laying hens too
freely the eggs will be tainted.
SOFT feed of any kind is better if wet
up with milk than with anything else,
especially for the young fowls
CoBNMEAL and bran mixed well to-
gether and scalded makes good morn
ing meal for incubator chickens.
IT is the mother that influences the
internal qualities, and a good layer
will transmit this quality to her off
spring.
WHERE poultry is made a speciality
it will pay to plan to grow a supply of
sunfower, sorghum and kaffir corn for
winter feeding.
No FOOD should be given young fowls
until they are at least twenty-four
hours old. Too early feeding often
causes bowel diseases that prove fatal
st Louis Republic.
Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1892-02-04

ION equal TERMS" and ask by what
other possible means can this be done3
Our correspondent would be i'll at ease
writing in English. and we, if trying to
use his language, would be at like
disadvantage. But by the use of VIOLA
puk an International intercourse has
sprung up such as the world never be-
fore knew. Thousands of letters pass
between distant places, between writer's
who never saw each others country nor
heard each others language, but who
readily communicate their thoughts
and learn how people live and what
they think and what are their sur
roundings In some far away home,
strange, perhaps. and remote as that of
Kvok-Lokwai, Chinese Volap1kist Of
Annoy.
Volapuk. though SO new as no. yet to
have attained more than a small part Of
its full usefulness. is yet old enough to