davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
THE COURT
Court.

1921. Feary VS.. Hamilton. Shelby c. C.
afnrmed. M rnrss J J : imn,jnd arising T;Il go out OF
vive where the damages sustained by
breach of such contract are for injuries to
the person and mental anguish. Where
actions ex contractu do survive it is due
rather to the substance OF the action than
154I9. Needham VS.. Wright. Marion c.. c.
Reversed. Howard, IA plea in abate-
ment requires, the pleader not only to an
sWer fully what is necessary to be an
swered,, but also to anticipate and ex-
clude all such matter as would if alleged
on the opposite side defect his plea: 2. In
answer of another cause pending it must
appear that the suit pending is for the
which the answer is interposed. and that
it Is between the same parties or their
privies. 8. 1t is only after the payment of
surviving partners that the residue is dis
tributed to the members and the representa-
tives of the deceased members.
Appellate Court.
1406. Spillman VS.. Bedford. Marion S.
c. Affirmed. Davis, J.-Facts specially
found by the jury in answer to interroga-
tories are not sufficient to overthrow the
1S4s. c.. &C. & St. L. Railway Company
VS.. Beckett. Morgan c. C. Affirmed. Gavin,
through no fault of his has no ticket to the
desired station. and upon tender of the
ticket fare he is entitled to all the rights
and privileges that the ticket would af-
ford him. 2. A railroad conductor must
heed the explanation of the passenger. or
II ne refuses 70 90 SO II is at the peril or
the company to respond in damages if the
passenger be in the right.
AL. American Straw Board Company VS..
Faust. Hamilton c. c. Motion to dismiss
appeal oyerruled. Ross, c. Whether or
not the judgment defendant prosecutes an
fit of one who has Unidentified him is not a
question as can be heard and determined by
this court
Superior Court.
Room John L. McMaster, Judge.
Otis C. Ham VS.. John b. Ham; parti-
ton. On trial by jury.
Eliza Wheeler VS.. Charles Wheeler; di-
vorce granted plaintiff on grounds of cruel
treatment.
Room FL. M. Harvey, Judge.
George Walter VS.. Home Brewing Com
Edward G.. Cornelius ct al. VS.. Joseph f.
Flack; foreclosure. Dismissed; costs paid.
Room 3-Pliny w. Bartholomew, Judge.
Madeline G. Boyle VS.. George A. Boeck-
ling; breach of promise. On trial by jury.
Circuit COnrt.
Edgar A. Brown, Judge.
William F.. Kissel VS.. the Springfield Fire
and Marine insurance Company; on policy.
Dismissed and costs paid.
Stoughton j. Fletcher ell al. VS.. Levi F..
Adams: on note. Trial by court. Finding
in favor of plaintiff for S551-S9.
New Suits Filed.
Charles w. Becker ct al. VS.. Charles NJ.
cross; suit on note. Superior Court, room
Tfllie Preston VS.. William H. Preston;
suit for divorce. Superior Court, room 2.
Sarah J.. Pattison vs. Franklin Babbitt;
suit to forclose. Superior Court, rooom 2.
ton VS.. Benjamin Wesner ct al; suit to
forecloSe, Superior Court, room 2.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
H. w. HIBBARD DEAD
STRICKEN WITH HEART DISEASE IN
ST.. LOUIS LAST SIGHT.
General Freight Agent of The VAN
daIia Line, and One of the Best
known Railway Men In the West.

Horace w. Hubbard, general freight
agent of the Vandalia line, dropped dead
of heart disease last night at the South
ern Hotel, St Louis, where he lived. Mr..
Hubbard was well and favorably known in
Indianapolis. He was a prominent men,
Der of the Ancient and Accepted Scottish
Rite and of Raper Commandery, X. T.,
was an active business man and public
spirited citizen. He was born in Morgan,
VT, Nov. Z, 1885, and passed a portion of
his boyhood at Lebaum, N. II. He began
railway service in March. 1858, as switchman
and platform laborer for the Illinois Gen.
was given a clerkship and transferred to
Tuscola. Shortly after he took service
with what was then known as the st.
Louis, Alton & Terre Haute, being chief
freight clerk at Mattoon: he subsequently
served the same company as station agent
at Pana and at Mattoon. On Dec. IL, 1866,
he was appointed general freight agent of
the Vandalia, a position which he has held
continuously since. Mrs. Hibbard, who was
present at the death of her husband, was
greatly affected, and is suffering from Sc
rious nervous prostration.
His brother, Lafayette D., popularity
known as sYank," fell dead near the
Union Station, this city, about two years
ago. He was for many years a passenger
conductor on the Vandalia, and was for a
time president of the Railway Officials and
Employees Accident Insurance Associa ton.
His death, like that of his brother, was a
result Of heart disease.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
NEW TRIAL MOTION
WILL BE ARGUED BY ATTORNEYS IN
SMITH CASE MONDAY.
Smith Refuses to See His Most Inti-
mate Friends, His Attorneys and
Myrtle Overturf Excepted.

Winnie Smith, the convicted slayer of
Western b.. Thomas, refuses to see his most
intimate friends. His father and mother,
his aunt and the girl, Myrtle Overturf, are
the only persons who nave invaded the Sc
clusion of his cell since the verdict was
announced Tuesday evening. The old smile
of self-confidence, habitually worn b. the
prisoner, is gone from his face and the
Jail officials say he has grown to look ten
years older in the last two days. Scores
of young men, who claimed an intimate
acquaintance with Smith, visited the Jail
yesterday and were admitted to the Office.
They got no further, however, for the
prisoner fatty declined to see them. Harry
Sells, who is, perhaps. the closest of Smiths
friends, left the Jail Tuesday night with
the remark to the jailer: 1T will be some
time before / am back. Winnie doesn't
want to see me any more Sells has not
since visited the Jail.
The prisoners mother visited him three
times yesterday, carrying to him a bouquet
of flowers on each occasion. With DR..
Wands she visited the Jail in the morning.
and shortly afterwards attorneys Duncan
and Span, of the prisoners counsel, ar
rived. For an hour the attorneys talked
over the case with the family, and at 2
o'clock yesterday afternoon another con-
ference was held at the Jail. The result
of the two consultations was not
made known, but 1t is understood the mo-
ton for a new trial of the case will be
argued before Judge McCray next Monday.
Mrs. Wands, the prisoners mother, is suffer-
ing terribly from the effects of the sem
tence. After supper last night she made
her last visit to the Jail with her husband
and sister, Mrs. Plumb, of Evansville. Mrs
WandS leaned heavily upon the arm OF ner
husband as she passed through the Jail of
flee. She was heavily yelled and appeared
neighborhood of the prisoners cell during
these family visits. Myrtle Overturf did not
go to the jail yesterday, although the sher-
if has Instructions from the prisoner to
admit the woman at any time she may call.
Smith is evidently greatly cast down over
the sentence imposed upon him. He has a
number of times expressed a horror of the
penitentiary. On one occasion, before the
close of the trial, he said during a CONVEX
sation with one of his friends:
THE thought of having to go to the peni-
Tertiary gives me the horrors; the cold
chills chase each other down my back when
l think of it,"
Some of his friends say that he could feel
no worse If he were resting under the
shadow of the gallows. During his trial
worse to him than a short one. Sheriff
m does not know when he will take
Smith to Michigan City. 1t Is probable this
will not be done for several weeks. The
prisoner must have sentence pronounced
upon him by the court, and this cannot be
done until after the argument for a new
trial.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
CommerciaI club directors.

At a meeting of the directors of the Com
mercial Club yesterday the board Endorsed
the resolution adopted at the last meeting
of the Indiana State Board of Commerce,
requesting the Legislature to create a COM
mission to investigate the laws now gov
erning the municipal corporations of the
State and TO report to the next Legislature
what changes are desirable. Favorable ac-
ton was also taken on a resolution re-
Questing the General Assembly to legis-
late against the practice OF fire insurance
companies requiring that all property on
which they issue policies be insured for 50
per cent. of its value. A resolution re-
auesting an adequate appropriation for the
purpose of printing and circulating infor-
nation relating to resources and advan-
tages OF Indiana among capitalists and
business men of other States was also
adopted.
TIE committee ON nominations of diree>
tors for the vacancies to be filled at the
annual election the second Monday in Feb
ruary. reported the names Of Alexander c.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
Now Secretary of State owen

William d. Owen yesterday became Sec
rotary of State, succeeding William r.
Myers, who, in turn, succeeded Claude
Matthews two years ago. The oath of
office was administered by Clerk of the
Supreme Court Hess in the latter's Office.
There was no other Mr.. Myers
merely stepping out and Mr.. owen stepping
in. There is no money transfer to be made
on such occasions. Mr.. Owen was busy yes
terday preparing quarters for himself and
wife at the Denison House, where they will
reside. Mr.. w. S. Wright, the new deputy,
was also installed in his position. Miss
Solomon, the present stenographer, will
remain with Mr.. Owen for a month. The
new Secretary has not fully recovered his
health, but is. able to give all the time
needed to the performance of the duties of
his office.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
THE HEADSMAN'S Ak
COUNCIL COMMITTEE WILL RECON-
MEND ITS USE ON WORKS BOARD
Members of the Board, City Engineer
and Str let Commissioned Under
the Ban.

The Merritt investigating committee will
hold its last meeting tonight. This will
be the last opportunity for property owners
or others with complaints of the city work
to tell lat they know. 1t is thought that
a number of complaints win be made. As
the work of the committee is nearing COM
pletion there is much speculation as to the
recommendations which will be made. Mem
bers of the committee decline to talk upon
the subject until after the meeting to-
night, when a conference of the members
will be held.
1t is generally understood that "a rcsolu-
ton will be submitted to the Council ask
ing the resignation of the members of the
Board of Works, the city engineer and the
street commissioner. There is much feel
ing among members Of the Council against
the board, and if such a resolution should
be introduced it is likely to pass.
Yesterday a member of the committee
gave a short resume of the investigation
to the Journal. He said it has developed
during the investigation that the affairs
of the street commissioners department
have been allowed to run in too lax a man
ner, while the engineering department
has shown a too kindly feeling for c%ontrac-
tors. The sewers. ne said, were as good
as any in the country, but the catch basins
had been found to be faulty all over the
city. The great trouble, he said, lies in the
attempt of the board to do everything in
one year.
This member did no hesitate to speak of
his disgust of the manner in which the
affairs OF the Board of Works have been
conducted. Mayor Denny, he said, was sur
prised at the developments of the past few
days. The members of the board, he
stated, have been too kind and conSiderate
toward contractors. In all the evidence in
troduced 1T did not appear that a single con-
tractor was ever fined for a failure to COM
ply with his contract, while it is in evil
dence that scores of contracts have been
said, before. completion, and contractors
the worst of condition after the work had
been completed. 1t is confidently expected
by those who have watched the proceed
ings That the resignation of Jacob seholl,
sprinkling inspector, will be demanded. So
make a single report of bad work being
failure to carry out a sprinkling or sweep
tee said it seemed the board had changed
the manner of assessing for street clean
ing without figuring the difference in cost.
which was nearly doubled under the new
system. He also said no faults of a serious
nature had been found. but that many little
matters of negligent character had come to
light and needed attention. Mayor Denny
declined to discuss the developments, as
he says he will have ample. time in which
to act after the committee has made it's
reDort.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
ONLY THREE CENTS A LOAF.
Make a Reduction, to Take
Effect This Morning.

AS a result of a bakers war which has
waged holly for the last month retail gro
GERS will buy their bread at 2 cents a loaf.
The reduction goes into effect this morning,
according to a card sent out yesterday by
a leading firm. Instead of paying s cents q
loaf consumers will hereafter buy their
bread for 8 cents. The larger baking firms
say they have been forced to the reduction
by the action OF some of the smaller ba-
kers, who reduced the price some weeks
ago. The Bakers Union declares that this
firm made the cut for the purpose Of In
turing the union. Some time ago this firm
came under the displeasure of the Contra
Labor Union, and a boycott was put on all
of IFS goods.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
That Tablecloth Of Yours,
Does 1t Need Replacing?

Our regular special FRIDAY SALE Of
fers you the opportunity to purchase a new
one at a small outlay.
Fine Silver Bleached Damask, a good re-
liable quality; regular soc goods, Ssc a
yard.
Here's one made to withstand all the
wear and tear that the ordinary cloth is
subjected TO. Full two yards wide Bleached
Damask, 81 quality, nc yard.
5 pieces of extra fine @-inch Table
Damask, s1.50 quality for s1.19 yard.
Bleached Napkins, Il size. the 50 per
dozen quality for $2.39 dozen.
We have a lot of odds and ends in very
fine Napkins, the cloths to match have
all been sold; some of these may be a
trife soiled; we allow enough though for
laundering; s. and S. qualities, $3.50 dozen.
l case OF fine 1s-inch Bleached Crash,
121zc quality for, per yard, 8Ac.
Fringed and Hemmed Huck Towels, 15c.
) very fine SILK Ruffie Eiderdown Quilts,
GIT for a princess). $25 and $50 Quilts. Fri
Aday each SASS.
New and complete line of fashionable
evening shades, in eros de Londres, (the
Jew SILK. at per yard, 69c.
Yarns, some that we want to get rid of
uickly.
Stocking Yarns, first quality, Sc skein.
Saxony yarns. sc skein.
Germantown Yarns. &c skein. All worth
Zoe to 15c per skein.
Tinted Envelopes, very pretty, per box.
each, lac.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
OBJECTS TO IMPORTING PUPILS.
Protest Against management o
Training School for Nurses.

Protest Against Management of
Training School for Nurses.
There is some complaint heard from appli-
cants for positions at the City Hospital
Training School for Nurses. A number Of
young women living in this city, who desire
to take advantage of the training which is
provided by the city; object to the importa-
ton of young women from places away
from the city. 1t is said there are three
young women in the hospital receiving in
structiens who were brought here from
Canada. 1t is also understood that three
more are expected to enter the hospital
from the same place this or next week.
Those who make the complaint say there
are a number of worthy young women Hv-
ing in this city who have had applications
on file for several months, and they think
preference. The city allows the Training
School for Nurses 1888 a month with which
to carry on it's work. This fact has led
some to think the city is Interested in the
was looking for Mayor Denny yesterday
with the intention of entering an objection.
The city has nothing to do with the Selec-
ton of pupils for the school, that being
the privilege of the superintendent This
young woman said to a Journal reporter
yesterday:
Il don't see why we are kept out and
the positions given to foreigners the ad-
vantages offered are such that a poor girl
can get in no other way, and it does look
to me as if we Indianapolis girls should be
given the places. The training school fur
nishes board and pays pupils "a a month
for two years, when q diploma Is given
and the graduate is is prepared TO accept q
the expenses. and 1 feel sure that it was
intended to benefit home people
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
p,.tor Not Yet Selected.

The annual meeting of the Central Chris
tan Church congregation was held last
night at the church, corner of Delaware
and Walnut streets. Reports were heard
from the presidents and treasurers of the
various societies which constitute the lay
working forces of the active membership.
Rev. D. Il Lucas, whose resignation takes
effect Feb. /, made his last report showing
that in the past year there has been a net
increase of forty-four members. The
Christian EndeavOr Society was reported
to have 119 members, and has reached, the
president said, a period where it has shown
firm foundations. The amount raised by
the society was over SOS. The Sunday
school contributed $3.50, the Ladies' Aid So
ciety 1886 and the Woman's Missionary So
ciety $40. The treasurer of the board of
trustees reported total contributions from
all sources SASH. 80. No action has been
taken regarding a new pastor.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
DEATH OF AN OLD SETTLER.
Samuel johnson Knew This City When
1t Consisted of One store.

Samuel Johnson, who has been a resident
of Marion county since 1926. died Wednes-
day at his home near Clermont. He was
born In Grayson county, Virginia, in
1s0s. When Mr.. Johnson came to this coun-
ty with his father, Indianapolis consisted
OF one grocery store. He married Miss
Esther Stubs in 1880. and he is survived
by his wife and five out of six children.
These aiO Sarah Jane Duncan. Sylvester
w. Johnson, Anne Z. Coyle, r. NJ. johnson
of Missouri. live In this county. The young
est child, f.. v. Johnson, was born in 1850.
There are also ten grandchildren. five great
grandchildren and one five-year-old great
great-grandchild, making with the widow,
dye generations of survivors.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
Ninteen Horses Were Rurned.

There were nineteen horses burned to
death in the fire at Scudder's livery stable
Wednesday night. Most of them were
bcarders, only three of Scudder's being
lost. DIR. E. p. Hodges lost two, C. Anes-
haensel & Co., two: Kirkoff Bros, one:
ELI Lilly & Co., one: Louis Newberger, one:
Albert +. Kopp. one; j. c. Green, one;
O'Brien & Mills. one: keifer Drug Com
pany, one; Baker & Randolph, one, DIR. j.
il. Oliver. one; DR.. j. l.. Thompson, one:
c.. w. Kebers, one; Il. Il. Utter, one: A.
/. -Stossmeister. one
Mr.. Scudder estimates his loss at about
sc. 600. fully covered by insurance.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

Township Trustee Gold yesterday said
the amount OF money expended for relief
of the poor during last December was SO
per cent. less than that paid out in De-
cember. 1893. Mr.. Gold accounts for this
partly in the fact that the commercial
world is more active than II was in 1896.
Another thing is that there has not been
90 much talk about har. times.
."If the newspapers and the public would
again start the hue and cry that people
are starving to death. and that there is
no work for the starving men," said Mr..
Gold. I'VE would Immediately have IA great
Increase In Applications tor help, The pub
than IL thinks"
There has been some increase in the ap-
plications for aid lately owing to the num-
Der OF cases OF measles among the poor.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
Remarkable Police Court Docket.

For the first time in many months there
was but one case upon trial in Police Court
yesterday morning. That was the case of
w. H. Ellis, charged with drunkenness.
The defendant claimed he had not tasted a
drop of liquor to mis- knowledge, but that
his condition was due to a dose of aconite
for heart disease. Judge Stubs suggested
that perhaps the liquor was taken while
the aconite was acting, and fined Mr.. Ellis
& and costs.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

Gen. Israel N. Stiles died at Chicago
last night. For some years he has been
suffering from paralysis, and his death
was due to that and to exhaustion.
General Stiles was colonel of the Sixty
third Indiana Regiment during the rebel
lion, and made a brilliant war record, being
commissioned brevet brigadier-general after
the battle of Franklin, Tenn. He was for
many years one of the leading lawyers at
the Chicago bar. Among his famous cases
was the prosecution of the doodle" Board
of County Commissioners. For some years
General Stiles had been totally blind.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

William Iron, proprietor of the Kingston
bar, at II North Illinois street, yesterday
flied a mortgage for 1900 with the county
recorder. The mortgage is the Indianapo-
lis Brewing Company, which holds fourteen
notes executed by Iron, a-ggregating the
amount of the mortgage. The inventory or
the property, filed with the mortgage. in
cludes the bar and fixtures, one fifteen
faucet beer pump, six tables and two dozen
leather-bottom chairs kept in a room over
the saloon.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
University Extension.

Tonight, in the hall of High School No.
1. the second lecture of the university ex-
tension course, on "A Century of Social
Reform" will be given by Prof. Charles
Zeublin, of Chicago University. The re-
view of the lecture of last week, which
will precede to-night's lecture, will give an
opportunity to those prevented from at
tending the first lecture to hear the COM
plete course. The subject for this evening
Is saThe Industrial Revolution"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
Incorpornted Yesterday.

Articles of Incorporation were yesterday
fled with the Secretary of State as follows:
Bellvue Land and Improvement Company,
Indianapolis, capital stock, 1910: directors,
r. r. Mcdonald, Robert c. Light, Joseph
III. Furguson, William Bosom and Al. B..
Dawson. Standard Harness Company, Sey-
mour: capital stock. $4,000. knickerbacker
Manufacturing Company, Indianapolis; cap
itaI stock. $4,000.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

The Board of Safety yesterday heard evil
dence in the charges preferred against John
Glazier, captain of Hose Company No. /.
1t is alleged that during a saloon brawl he
knocked George Rhodius down. Glazier
does not deny the charge, but says it is not
true that he was drunk and on duty at the
time. Rhodius, ne says, called him several
vile names, and in a heat of passion he re-
scented the insults. Witnesses testified that
Glazier was not drunk. and had not been
thinking on duty. The board continued the
case until it can hear further evidence.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
rurrea on His old Friend.

punch" Campbell, a well-known char
acter in police circles, who was arrested a
few days ago. has left the city. Gus Rahke
was his bondsman. His trial was set for
last Tuesday, but he failed to appear and
has not since been seen. He was charged
with assault and battery in two instances
and numerous petty crimes.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

The second of the Y. M. c. A. Health
Talks will be given by DIR. E. c. Reyer,
professor of Materia Medica in the Med
ical College of Indiana. The action of
the heart and lungs will be illustrated by
models and other means of making the
subject clear and interesting. Ladies as
we'll as gentlemen are admitted without
oh ROE