davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
THE COURTS DECISION.
Substance OF the Opinion Written by
Judge COfscy.

Substance OF the Opinion Written by
Judge COfcy.
The opinion is by Judge Coffey, and is sub
stantially as follows:
"The appellants were jointly indicted in
the Criminal Court of Marion county upon
a charge of murder in the first degree. The
Indictment charges. among other things.
that the appellants. at Marion county, on
the 18th day OF April. 1893. murdered one
Charles Eyster by then and there shooting
and MORALLY %wounding him. a trial by Jury
resulted in a verdict finding them guilty as
charged and affixing the death penalty. over
a motion for a new trial the court rendered
judgment on the verdict. from which this
appeal is prosecuted.
The appellants assign as error the action
OF the court in overruling the motion for a
new trial.
The uncontradicted testimony in the case
established the fact that between . and 10
o'clock in the evening OF the 14th day Of
April. 1898. two colored boys entered the
drug store OF Charles Eyster. at the north
west corner Of Mississippi and Third streets,
in the city of Indianapolis. and purchased a
set OF dice. Almost Immediately after step
ping out OF the store they returned. and one
OF them shot Eyster with a revolver, inhict-
ing a wound from which he soon thereafter
wards died. The effort OF the State. on the
trial Of the cause. was 20 identity these ap-
pellants as the persons who were guilty OF
the murder OF Mr.. Eyster. The evidence in
trOduced by the State for that purpose was
chiefly ciTcumstantiai."
The court then took up the assignments
or error, and holds that the trial court did
not err In permitting the state 70 prove. as
showing malice and motive, the usc of the
telephone in oysters drug store for the puT-
pose Of calling the patrol wagon when the
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
SUPPOSED POSTOFFICE THIEF.
James Dickson Charged with RObbing
the Government at ClermOnt.

James Dickson, a young man of uncer-
tain reputation, was arrested yesterday by
officers Duty and Lyons and charged with
burglary and grand larceny. The presence
of a large quantity Of coppers and about
four hundred postage stamps on the prison.
er's person led the officers to believe that
he is familiar with the details of a recent
poStoftice burglary.
On the night of Dec. II the postofice at
Clermont was robbed. The safe was blown
open and stamps and cash to the amount
OF $50 was carried off. On the following
morning, it is claimed, Dickson walked into
the Haymarket saloon at an early hour and
spent a considerable number Of one-cent
coins. Since that date Dickson has been liv-
ing here, but has been pretty closely shad-
owed. Yesterday afternoon officer Duty
found him in the basement of the Capitol
Hotel engaged in beer drinking with some
companions. The officer did a neat piece of
detective work and succeeded in capturing
his man and the evidences of guilt. Dickson
denies the charges.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
PRISONERS RECEIVE THE NEWS.
Warden French ACKNOWLEDGEMENTS
tfons for the Hanging Ceased.

Special TO the Indianapolis Journal.
MICHIGAN CITY, Ind, Jan. 2--Parker
and McAfee received the news that the Su-
preme Court had granted them a new trial
at 3 p. m. to-day. The first intimation Of
the decision of the court came in a mes
sage to Parker from his attorneys, and 1t
was followed shortly after by one from
the clerk Of the court imparting the news
to Warden French. The most evident sat
i~sfaction was noticed in the two men when
the Warden read them the messages. 1t
was also plainly seen that the Warden was
relieved. and he made nc secret Of the
fact that il was welcome news which re-
lieves him of the responsibility Of execu-
ting two human beings. For the first time
since they have been in the custody of the
Warden they were to-day allowed to be in
terviewed, as the granting of a new trial
suspended the restriction of the statute in
this particular. To a Journal representa-
tive the two negroes who have been count
ing the minutes until Friday morning were
quite willing to talk in regard to their case.
1t was plain from their manner that the
extraordinary nerve they have been display
ing during the long months had nearly
broken Down and their agitation was dis
played by their trembling hands and shaky
voices.
Parker stated that he had never lost hope
of a favorable answer by the Supreme
Court to their petition, although the near
approach of the date set vas not encour-
aging. McAfee appeared to nave preserved
his nerve the better of the two men and
affected not to have been a any time dis
heartened. They had no Information as
yet as to when the new trial would take
place. but were in hopes it would be in a
few days. During their confinement, which
has been in adjoining cells. they have been
permitted each day a few minutes eXer-
else i'm the corridors of the dollhouse. They
speak in the highest terms o. their treat
ment by the officials and have nothing to
complain of.
Preparations for the execution have been
going on during the past week. A scaffold
and trap were erected in the dungeon de-
partment of the south dollhouse not far
from where the condemned men were. This
room has been selected as the spot where
executions under the new law are to take
place, and where Parker and McAfee will
be hanged if the new trial should so against
them. AS soon as official papers are re-
ceived from the Supreme Court the two
men will be taken to indianapolis to await
the trial.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
WHACKED THE WILSON BILL.
Marble and Granite Men Declare that 1t
Will Reduce Wages.

The State Association Of Marble and
Granite Dealers met yesterday at the Grand
Hotel. This was a continuation of the meet
ing of Monday. except that only this State
was represented. There had been an effort
10 merge the State association with
the national. but the committee appointed
for the purpose of investigating the matter,
after thoroughly considering the question,
reported against giving up their local or
ganization.
The following officers were elected for
the ensuing year: President, ID. h. Hoff-
man. Winchester; vice president. J. r.
Schrichte, Rushville; second vice president,
Fred c. Banded. Crawfordsville third vice
president. Schuyler Powell, Logansport;
fourth vice president. J. Z. LePage, Indi-
annapolis; secretary and treasurer, 7. r.
Cashier. Rockville. The old board Of d.
rectors was continued for another year.
The following resolution vas passed unan-
imously: Resolved, That IL IS the judg-
ment Of this association, regardless of our
POLITICAL faitn, that q reduction Of the tariff
on marble and granite. as proposed by the
Wilson bill. now pending in Congress,
would be very disastrous 10 our trade. and
necess!tate "A general reduction in wages.
The secretary is hereby instructed to send
a copy OF this resolution to each member
of Congress from Indiana"
The meeting then adjourned, TO meet
again some time in July, the time and place
TO be announced later by the president.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
Important Points of Mrs. oysters Testi-
mOny in the Trial Should Have
Been Ruled Out.
CONVICTION NOW DOUBTFUL
Substance Of the Opinion Written
by Judge Coffey.
Opinion of the Prisoners Attorney
How the Condemned Men Re-
ceived the News.

John Parker and Edward McAfee, con-
victed in the Criminal Court of the murder
of druggist Charles Eyster, have been
given another lease of life by the action of
the Supreme Court yesterday. The judg-
ment of the lower court is reversed and the
defendants will have a new trial. This is
the second time the Supreme Court has
stepped in just upon the verge Of the day
set for the execution of the two men. They
were first sentenced TO be hanged on Nov.
4. 1893. Just a few days prior to that time
the date was postponed till Friday, Jan. 8,
1894, to permit the Supreme Court to hear
oral argument upon the case, and now,
just three days prior to the second date set
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03

year. / was given full authority to act,
and if / had not employed the best execu-
tive ability I could find TO do the hard de-
tail work and paid for the service after its
value could be determined i would By no
means have fulfilled my measure of duty
TO the citizens of Indianapolis, who SO
fully gave me their confidence.
Il think that, in view OF the facts, that
no fair-minded person will say Mr.. For
tune was not entitled to a salary as ex-
ecutive director, and that his salary as
secretary of the Commercial Club had
nothing to do with it. If he was entitled
to a salary it is only a question Of judg-
ment as to the amount. My judgment
said 5000. 1t still says so. L respectfully
submit this statement. ELI LILLY"
The statement was ordered spread on
the records of the club. and printed copies
will be sent to each member. Colonel Lilly
stated that he desired early consideration
by the board of what disposition shall be
made of the $12, 900 now in the assamblage
fund of the club. A motion was adopted
directing the assemblage committee to en-
ploy legal counsel and report on the law
and facts in connection with the DISPOSE
ton of the balance in the hands of the
committee.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
ROBBED OF HIS SPARKLER.
Bold Theft of a Diamond on a Crowded
Street Car.

Barney Schon1eld, an employe of the Ar
cade Clothing Company. was the victim of
a bold diamond robbery about $50 O'Clock
last night. With his wife, he was on his
way to his home, at No. 81 Park avenue.
He boarded a College-avenue car at the cor
ner of Washington and Illinois streets, and
Mrs. Schonfield stepped inside, while her
husband stood on the platform. When the
car passed on TO Massachusetts avenue at
Pennsylvania street the trolley slipped from
the wire and the lights In the car were eX-
tinguished. In the darkness Schonrield no.
ticed that three men were doing a good deal
of unnecessary pushing about him, and as
the light flashed UP again he felt a vigorous
pull at his necktie. AT the same moment a
short, thick-set man jumped from the plat
form and disappeared. Schonfield felt for
his scarf pin, a three-karat diamond. 1t was
gone, as was also the thief.
The victim left the car and at once noti-
fled the police, but no trace of the bold rob-
Der could be found. 1t is thought that the
thief had two accOmplices on the car, and
that 1t was through the pushing and show
ing of these two fellows that he was enabled
to secure the pin. The diamond was valued
at 1910. Schonfield believes that he can iden-
tify the guilty man If he is given an oppor-
tunity.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03

hand to the office employees, reporters and
State officials who came In on learning that
a decision had been reached favorable to
Attorney KeaIing said. 81 bava not TO-
one minute believed the decision would be
otherwise, as the errors in Judge Cox's
bly, be overlooked by the court of last re-
sort, as two lives were placed in jeopardy
by the bias Of "A Criminal Court Judge. i
have nothing further TO say other than to
express the great satisfaction | feel under
the circumstances L do not believe that
Parker and McAfee were guilty of the
Eyster murder, and think we will be able
TO show that they were not in the next
trial of the case"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
Travelling Men of the s,,te.

The Commercial Travellers Association
Of Indiana will hold their nineteenth annual
convention at the Board of Trade hall.
the first session to begin at 1880 Friday
morning. Several changes in the consti-
tuition of the association are proposed. and
as other important matters are to come
up IL is expected that there will be a large
attendance. One Of the proposed changes
Is To nave the amount Of the treasurer's
bond increased. Mayor Denny Will make
the welcoming speech.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03

There were 4S3 boys in the Reform School
at the close OF the month, only one of
whom was unable from sickness TO attend
the Christmas exercises. All except elev-
en- OF the 43 are able 70 write letters. i'm
which they express their ideas in good
penmanship and appropriate language. The
school is one of the best OF its kind in
any OF the States.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
Marriage Licenses.

Marriage licenses We're issued yesterday
10 Philip August Watcher and Fannie Ny
ers, Joseph y. Morgan and Alice NJ. Brit
ton, Andrew r. Smith and Dode J.. Per-
kins, ID. Webster Harter and Mae Moore.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
Calumet Club Officers.

At the meeting of the Calumet Club last
night officers were elected for the ensuing
year as follows:
President, r. NJ. Baker; vice president, J.
NJ. Akin; recording secretary, C. j. Pringer;
financial secretary, j. j. Reilly; treasurer,
G. w. Kevers; marshal, George Schad;
sergeant-at-arms, L. +. CoStello; directors,
Henry Loebenberg. j. T. Austin, Joseph
Wright, r. II. StrouSe, F. G. Reaume.
Salt will curdle new milk; therefore, in
preparing milk porridge, gravies, ETC., do
not add the salt until the dish is prepared.
New Style Hats.
Dunlap celebrated hats and all the new
style hats at .Seaton's Hat Store, q y.
PENNSYLVANIA street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
YOUR FIRST CHANCE

Now come and ''avoid the rush" ~
Our stock is still complete, and should
there be anything in our line you
need we are sure you can be pleased
after a visit to our store.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03

Prevent the grip. ''Old Process whisky
is an absolutely pure stimulant. Ask your
druggist for it
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
Reliable buckwheat -four at Van pelrs.

New hat-raeks at VIM L. elders.
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
"A LESSON In ZOOLOGY.
Strange Facts Disclosed by q
Smithsonian Profe ssor.
The Living Creatures ON Earth Arc d.
vited Into Four Glasses = Peculiarities
Of tho Various Families Queer
Marsupial Mammals.
Especial Washington letter.

Especial washington Letter.J
SIN the study Of zoology says sci
enlist in the Smithsonian institution,
1--WE learn that all Of the living crea-
lures on this earth are divided into
four great classes. They are the YER
tebrates, articulates, radiates and mol
lusks.
THE vertebrates include all animals
having backbones, formed Of success
sion Of bones, or vertebrse, such az the
horse, dog, fish, monkey or man.
1.-THE articulates include all animals
whose hard parts are external; such as
the turtle or lobster, and such insects
as Bobby Burns saw on lady's bonner
at church.
1.-THE radiates are those whose arms
and tantic1es extend from solid CEN
ter, such as the starfsh.
1.-THE mollusks are the shellhh, as the
oyster or clam.
'.There you have lesson in zoology
which all of your children should study
to-day; so that when they take up tn
big text book on zoology later on at
school they will have good outline
idea Of the subject to commence with.
..WeIl, let us return to the verte-
brates. They are divided into classes,
families, genera and species. The BIZ
mana family includes mankind OF
every race. The quadrumana family
includes all of the monkey peoples.
We will let all Of those things pass,
however, for the present, and talk
about mammals. What7 Never heard
of mammals? Well, you have seen
them often enough Mammals are the
higher order Of vertebrates, whose
young are born alive and who draw
nourishment from their mothers
breasts during their infancy. The BIZ
mana, quadrumana. canine, feline and
other high orders of vertebrates are
mammals"
All of this study Of zoology came up
by reason ct the question propounded
by the scientist at the Smithsonian:
''Did you ever hear of a mammal that
lays eggs?"
A great many people assume to
''know 1t all" and thereby fail to learn
much. 1t was my good fortune to as
certain early In life that the only way
to get information in this world Is to
confess ignorance on all subjects-and
ask questions. So I said: ''No, never
heard of such a mammal. Is there a
family of egg-laying mammals"
''Oh yes" replied the scientist,
"there are several mammal families OF
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
An insect Sounding Board.

Mans inventions are fequently but
limitations. more or less clumsy and
Intellectual, of natures own devices.
1t would appear, for instance, that
even insects have sounding boards, al
though they may be supposed to know
nothing Of the laws of acoustics. En-
tomologists have recently discovered
on the under side of the fore wings
of two Japanese insects of the tam
lilies cidaria a curious pit or hollow
closely connected with an organ be-
lieved to be used by the, insect for
producing strident sounds. The pit
would evidently serve to concentrate
the sound as the shell-shaped orchestra
stands at some of our seaside resorts
reflect the melody of the instruments
to the ears of the auditors. In the
Khari hills in India another species OF
the same insect has been found which
possesses similar set of organs. The
shrill, creaking sounds that insects
produce seldom fall pleasantly upon
our ears, but they must produce a diff
ferent effect in the insect world, else
nature would hardly have provided
these little musicians with sounding
boards.
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31

That Klnu. Every one, apparently, I'M
AGNES that all mammals-that Is to
say, creatures which suclxle their
young-bring them forth alive; and,
correspondingly, the popular notion is
that all other animals lower down In
the scale of creation-birds, reptiles
and so forth = invariably reproduce
their species by laying eggs, to be sub
sequently Matched and to bring forth
offspring. Now neither of these prop
ositions Is correct. In the first place q
very great many of the animals that
are classed below the mammals bring
forth their young alive. This is the
case, in fact, with large number of
species. For example, some of the
sharks bear living offspring. There is
even whole family of fishes on the
California coast, called the surf fishes
which always bear living young. Also
there are not few snakes whose young
are born alive, and likewise some liz
ards. So, you see, 1t is by no means
true that the lower vertebrates are all
egg layers. Nay, more; a number of
kinds of insects bring their young liv-
ing into the world, as do the maggots,
which drop their progeny alive in car
rion.
'All this has been understood well
enough for ever so long. but 1t was not
until within a very few years that
science knew of any exception to the
supposed universal rule that every
mammal brings forth its offspring
alivel It Is true that the egg Of GER
tain mammal was many years ago fig
ured and described by q competent
naturalist, but the assertion seemed 90
Incredible that II was not generally be-
neved. Not until the year 1884 did the
subject come up again for serious con-
sideration, when Il was established be-
yond dispute that not only one NAM
NAL but = whole order of mammals are
thoroughly and incontestsbiy ovipsr-
ous-that Is, egg-laying.
There are more egg-laying mammals
In Austrslis than snvwhers else. The
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
Absent Minded.

People of great attainments are often
forgetful of small things, their minds,
doubtless, being absorbed in the con-
temptation of future achievements;
this, however, is not always the case,
as there are many instances of genius
united with great power of memory,
and observant of the small details OF
daily life.
Madame Sarah Grand, the novelist.
is one of those known as ''absent
mined" One day visitor found her
with big, awkward volume on her
knee, heated, excited and evidently
put out.
SIS any thing the matter?" asked the
visitor.
''Oh, yes" she answered. I've lost
my pen, and I'm writing to catch the
post"
"why, where are you looking for
it?"
She glanced at the visitor and then
at the book.
IL believe ] was looking for IL
among the p's in the dictionary
Youths Companion.
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
TAY WILL BE DONE.

When earth is arched with sunny blue.
And life is but the caroling
QS memories of pleasant hue.
And thoughts that can no sadness bring,
Flow easy then 1t Is to say.
On hended knee day unto days
THY will be done"
hmt when the mornings rosy light
We see not through our tear-dimmed eyes,
And Peace has winged herself from sight,
And bird-songs are but mockeries;
FFaw hard thing 1t Is to say.
On bonded knee day unto day.
Thy will be DONE"
Thrice blessed they. or high or low,
Or rich or poor, In youth or age.
WHO calmly walk through veal or woe
And con LIES lessons page by page
And with an honest heart can say
and with a child-like trust can pray;
Thy will be done"
Katherine II. Terry. In Good Housekeeping
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31

A famous Scottish judge. on. being
appointed to the bench, resigned the
presidency of the Edinburgh Skating
club. On being asked if he thought IL
beneath the dignity Of Judge to
skate, he replied: "No, but it is be-
meath the dignity of judge to fall. /"
The question of judicial dignity has, it
is said, been agitating the county
court judges in connection with straw
hats. Would or would not their dig
nifty suffer by the abandonment Of
silk hats for the cooler headgear dur
ing the hot weather? The would
nots" have carried the day. and now
the county court judge, topped with a
broad-brimmed straw, may combine
comfort with dignity without fear
for his reputation. The question of
frock coats versus flannel blazers is
merely waiting for few more degrees
of heat-London Star
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
PELTED HIM WITH POTATOES,
A Kentucky Preachers Good Aim Brought
His Antagonist Low.

A Kentucky Preachers Good Aim Brought
His Antagonist Low.
One way of com batting an evil prac.
tice is to make 1t ridiculous. 1t was
by this means that dueling was stopped
in a certain district in Kentucky some
forty years ago. At that time trav-
cling preacher named Bowman, a
strong, muscular man, was conducting
series of religious meetings in Ken
lucky. At one of them a well-known
desperate character created disturb
ance, and, being publicly rebuked by
Bowman, sent him a challenge to
fight.
The preachers first thought was to
treat the matter with silent contempt.
Then he reflected that dueling was all
too common In that region, and he de-
cided to accept the challenge.
The contest took place on the out
skirts Of the town, and almost every
body in the place turned out to see the
fun. The seconds arranged the two
men in position, by the side OF each
being a half bushel measure filled with
good sized potatoes.
Bowman threw the first one. 1t
struck his opponent in a central spot,
and fell to pieces. A shout of delight
went up from the crowd, which fur
ried the desperate, and his potato flew
wide of the mark. Bowman watched
his chance, and every time his oppon-
emit stopped for potato another one
hit him in the side. leaving a wet spot
on his clothes and then scattering on
all sides. The fellow was hit in this
way five times; then the sixth potato
struck him in the short ribs, and he
lay on the grass doubled up with pain
and grooming Enough"
The bystanders went wild with de-
light, but Mr.. Bowman looked very
sober. The desperate was taken home
aud put to bed, and there he stayed
for more than week. And when he
again appeared he was greeted with so
many jokes that life was almost bur-
den to him. That was the end of duel
ing in that region.-Lexington Tran
script
The Canton times. (Canton, Miss.) 1893-1906, 1894-08-31
A Good Thlnr.

Its . good thing people are
treated nowadays as Ananias was
lying" "Why?" Why. II we W
Albert, nobooy'd be left alive but
and Land you'd b parslyzsd- --he
Journal.