davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
DAVIS FORGERY CASE
JUDGE BROWN DECIDES AGAINST
THE IRON HALL Ex-sUPREMER.
Mortgage which He Claimed He Paid
VIII BE Foreclosed-The Alleged
Receipt.

The suit of the Union Trust Company
against Mark c. Davis TO foreciose a mort,
gage for $780, held by the estate OF John
Lehman. of which the trust company Is
administrator. was concluded in the Circuit
Court yesterday. Judge Brown finding In IA
vor of the PLAINTIFF The court ordered the
mortgage foreclosed. The case presents fea-
lures out of the ordinary run Of foreclosure
suits.
Mark c. Davis the defendant, was the SUI
preme cashier of the lamented Iron Hall.
In 1890 and 1891 he borrowed $1,000 Of John
Lehman, a porter employed at the Jewelry
store of Bingham & Walk. Davis gave his
note for the amount, secured by mortgage
on city property. Lehman died about two
years ago and the Union Trust Company was
made the administrator Of his estate. In set
Ting up the estate the trust company found
memoranda of the Davis mortgage and
sought to have 1t satisfied. Davis claimed
that the debt had been paid and the trust
company brought suit to foreclose When
the case came up, three weeks ago, Davis
appeared with a receipt showing that the IN
debtedness had been satisfied in full. He also
had in his possession the note and mort
gage. On the intimation Of the attorney Tor
the trust company that the receipt was not
st n in the hands Of an officiai Of the
court with Instructions to have 1t photo
graphed. The order of the court was car
ried out and the result in a measure sup
ported the charge of the trust company that
a forgery had been committed. .Drs- Hurry
and Jameson testified expert witnesses
that the analysis of the receipt showed con-
clusively that Ii had been changed after it
left the hands OF the maker. Both witnesses
were Of the opinion that words land sixteen
hundred dollars principal had been added to
the receipt.
The defendant, Davis, asserted on the wit
ness stand that he had paid the money TO
Lehman, and that Lehman, not being apie
to get hold Of the note and mortgage at the
time, executed the receipt Subsequently the
note and mortgage were turned over to him.
1t was shown in evidence that Lehman lived
at Davis's house some time before his death,
and that his trunks were there part OF the
time. Judge Brown, in deciding the case,
commented upon this feature Of the evidence.
'.Eut," said he, "the court will not say
that a theft was committed. believe 1t is
the duty of the court to find that this note
has never been pad AID that the mortgage
should be foreclosed. / am convinced that
the receipt given by Lehman was for SO In
terest. and that the words referring to the
principal were not genuine The tests have
shown that the receipt was written in two
different inks Mr.. Davis, in his original
testimony, said that il had been written with
| one ink, but he afterward testified that he
was not positive about this"
| Attorney Smiley N Chambers, counsel for
| Davis, asked leave to file motion for a
| new trial. which was granted by the court.
II
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
BREAKS THE RECORD
MORE INDIANA TEACHERS AT MA
RION THAN WE'RE AT SOUTH BEND.
Sensational Developments in the Lis
penard Disappearance Expected
-Kokomo Explosion.
pecial to the indianapolis Journal.

Special to the Indianapolis Journal
MARION, Ind. April s.-The fourteenth
annual session of the Northern Indiana
Teachers Association was called to order in
the First VI. E. Church, in this city, last
evening, by retiring President Moody, of
Kokomo The address of welcome was made
by w. II. Sanders, of the Chronicle, and
was responded to by Superintendent W.. p.
Burris, of Bluffton. Calvin Moon, superin-
tendent of the South Bend public schools,
the new president of the association, was
introduced and made his inaugural address.
This mornings session was addressed by
A. w. Edison, agent of the State Board of
Education, and in the discussion that fol-
lowed State Superintendent d. NJ. Geeting,
w. A. Bell, of INDIANAPOLIS, w. A. Mills,
of Attica, and E. B. McCracken took part
This afternoon the FIVE sections-art, music,
graded, high school and country schools
met separately and interesting papers were
read and discussed. When the meeting was
called to order last evening. rs teachers had
enrolled and many visitors were present who
did not enroll. Long before noon to-day the
fact was clear that the Marion meeting of
the association had gone far ahead of all
others in point of members in attendance.
Every train brought in big delegations of
pedagogues and at noon the number of ar
rivals was over twelve hundred. COL Fran
els Parker, of the Cook County Normal,
Chicago lectured tonight at the First NJ
e. Church. There was such a large number
of visitors and teachers in the city that an
overflow meeting was arranged for in the
Christian Temple this evening, at which
Mrs. Emma Mont McRea and A. w. Edison
spoke. The attendance Is much larger than
at the meeting at South Bend last year. w.
I(0I nff ha India mol VIC
1t is the largest gathering of teachers ever
held in Indiana
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
ALL GO TO THE GRAND JURY.
Union and Nonunion Men Bound Over
I'm Police Court.

Joseph Blanchield, John Perdue and S. E.
Jonlic, nonunionists, with Thomas Long,
Henry Miller and William Barcus, union
strikers, were bound over to the grand jury
by Police Judge Cox yesterday for participa-
ton i'm the recent riot growing out CT the
molders' trouble at Chandler & Taylor's.
Each Of the men was placed under bond
Of 500, the charge being in each case one
CT assault and battery with intent to kill.
James Lee, John Hartluff and Joseph Helm
DO were discharged Judge Cox gave his
finding after a night of elaboration. In
making his announcement he said the evil
dence was not altogether satisfactory, but
sufficient 10 show that there nad been
gross violation of the law. He said the law
must be upheld against violence and dis
order In considering the evidence ne said:
Here. two bodies of men have done this
very thing. The one by openly as well as
secretly, carrying deadly weapons IN time
OF peace. The other, by threatening AID
abusive language land demonstrations toward
violent acts Beth are culpable. Both should
be punished. The threats and violent acts of
Miller, Long and Barcus precpitated the
trouble, bat il would not have been serious
If the Chandler & Taylor men had not been
carrying weapons. The evidence shows that
the only people shot were shot, by them.
think it should go to the grand jury
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
GAS BUILDING BLOWN UP.
One Thousand Families In K0kOmo
without Fires.

Special to the Indianapolis Journal.
KOKOMO, Ind, April 3.-Shortly after
noon to-day this city was shaken by the
worst natural gas explosion ever occurring
here. The regulating station Of the Kokomo
Natural Gas and OH Company, consisting of
four iron and brick buildings. situated near
the Main-street bridge, in the central part
Of town, disappeared in short order, the ex-
plosion running the structures and damag-
ing adjacent buildings, including the county
jail. At the time, Joseph Lindley, the super
intendent, was sitting in the office. He was
blown about forty feet, but not seriously
hurt. So great was the force of the explo-
sion that men and horses passing along the
street were hurled to the ground and hurt.
One of the two horses in the stable part
was killed, the other escaping. The pipes
and apparatus of the reducing station did
not give way, so the damage Is confined to
the buildings and temporary discomfort of
the patrons Of the company. which supplies
fuel to one thousand families. All the win
dows of the Jail were demolished and much
other damage was done. The company ex-
poets to supply it's patrons regularly after
making the needed repairs to the regulating
apparatus. The explosion was caused by an
accumulation of gas in the buildings The
buildings were totally destroyed in the fire
following the explosion.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
AFRAID OF THE GOVERNOR.


An Associated Press dispatch. from New Or
leans says: a score Of horsemen.who had made
final arrangements to ship their horses from
, that city to the Indiana tracks. changed
their plans on receipt Of the following tsle-
gram to the Daily Item from Governor Mat
thews. of Indiana, in reply to an Inquiry:
81 believe the proposed racing will be- in
violation OF the law. VIII use every means
at my command to uphold the law
The tracks to which reference was made
are those at or near Roby. The Indianapolis
running meeting in May will be strictly le-
Ultimate, and will get many Of the finest
horses In the country
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
CITY NEWS NOTES.

j. w. Cosby. of Stockwell, Ind, was in
the city yesterday.
Capt. G. j. Murphy and wife, of Evans
vile. were in the city yesterday.
The Marion County Agricultural Society
will meet next Saturday afternoon.
A stable belonging TO G. W. Buchanan. No.
12S Fletcher avenue, was destroyed by fire
last night. The cause OF the fire is unknown.
The loss is estimated by the fire department
at about $500.
Yesterday the Indiana Bicycle Company
bought lot, 80 by 300 feet, at the northeast
corner of Georgia and East streets, paying
$4,000 for it. The company will erect an
addition TO its factory on the place.
The Butler College Oratorical Association
has decided to hold the college primaries for
the selection of a representative to the State
contest during the commencement week In
the future. This change was made because
the State contest will be held in January in
the future instead Of March, as i'm the past.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
RECORD OF NICHOLSON LAW.
Said to BE Reduction of $50 Saloons
I'm Nine Months.

In Nine Months.
Special to the Indianapolis Journal.
KOKOMO, Ind, April s.-S. Z. Nicholson,
father of the Nicholson temperance law,
who has just been renominated TO the Legis-
lature by the Republicans of this county,
has been gathering statistics of the results
of nine months Of the law and the figures
are surprising Mr.. Nicholson gave the fol-
lowing statement:
1--WE have been collecting statistics re-
Gently and have returns from sixty-three Of
the ninety-two counties of the State. From
the reports it appears that there were in
those sixty-three counties last June 2,222
$50. AS very few of these reports show
what was done at the present March term
Of Commissioners Court it is safe to say
that there are nearly six hundred fewer
saloons in the ninety-two counties than
there were nine months ago. L give you
here the falling off in several of the coun-
se es FstGa SGnaS 8 opa + Lake
81; Miami, 8; Franklin. 1; johnson, Z; Brown,
:; Switzerland, /; Lagrange. g.; Boone, 2;
wayne wayne a Deeat , =; Wens, 3; Knox Z;
Z; Upton. IL; Delaware, 8; Randolph. no
change; Fayette, 2; jefferson, IL; Dubois,
Is more Compelled to take out license be-
White, 2; Martin. L; Union. 1; Jennings,
no change; Blackford. 81; Steuben, z; Clark,
s: Pike, 3; Monroe, 4; Parke. 5; Montgomery.
3; Shelby, 2; Washington, 3, koSciosko, 8;
Adams, 2 more: Putnam. 4 less; Morgan, 4;
Jasper l.; Warren, l3 mo saloons now);
Ohio. 10. change; Hendricks, no saloons;
Henry 2 less; Porter, 6; Harrison, 4; Han
cock, 2 more; Scott. no change; Crawford,
no change; Orange. no change; Carroll, 6
less; Howard, s.; Newton, s.; Lawrence, 6;
Clay. ! more; Perry, Z less; Sullivan, z;
Green, z; Marion 80.
"Out of the 6s4 townships reported, 267 now
have saloons and Az have none. Many
places report fewer cases in Police Court,
In some of them the number is reduced one
half, mainly due to the removal of games
from the saloons. 1t is said that there are
fewer convicts in one OF the State prisons.
which may be attributed TO the new temper
ance law. although IL has been in force brit
a short time"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
THE COURT RECORD.
Supreme Court.

1874. Blough VS.. Parry. Elkhart c. c.
Petition for rehearing overruled. McCabe. j.
Il. A question cannot be raised and pre-
sented for rehearing. 2 The credibilty of
expert witnesses and the weight of their tes-
timony Is as much subject TO the scrutiny
and determination OF the jury as that of any
other class OF witnesses that may come be-
fore them. 3. Testamentary incapacity Is
never presumed. and In an action TO contest
a will the burden is on the plaintiff to prove
such charge.
1878 Town of Troy VS. Eb.e. Spencer
C. c. Petition for rehearing overruled
17611. Tate VS.. Hamlin. Marion s. c. Mo-
ton 10 dismiss deferred.
177S6. Moore VS.. Franklin. Monroe c. c.
Motion 10 dismiss deferred.
Appellate Court.
III. Street-railway Company VS. Hobbs
Marion s. C.. Affirmed. Reinhard. il In
order to overcome the strong presumptions
In favor of the action Of the trial court. the
appellant must present a record. showing
fully and clearly the error OF the trial court.
g After the negligence of the defendant has
been established. the burden is him to
show thai the INJURY complained OF was ag-
grayated by the failure OF the plaintiff 10
secure proper treatment. g. The trial court
may. without committing any reversible err
ror. refuse 10 give instructions requested, IL
they not signed by the party requesting
them, or his attorney.
1911. SImons vs. Beaver. Allen c. c. Re-
versed, Gavin. c. LII Special answers
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

control the general verdict only when the,
antagonism is so great that it could not be
removed by any evidence admissible unaer
finds a certain sum in favor of the plaintiff
as to any further sum by him claimed 10 be
due the general verdict IS by implication In
I78 Campbell VS. Conner Fayette c. c.
Petition for rehearing overrued. Davis, j.
Il When evidence is admitted without oD-
lection in response to a question that indi-
Gates the nature Of the answer, subsequent
motion to strike out will not avail A
party canDol be heard to object to the an
swer to questions asked by the opposite side
when his own questions and answers We're
subject to the same objection
1855. Stuckey vs.. Hardy. Cass c. c. Pc
tition for rehearing overruled.
1860. johnson VS. Ballard. Orange c. c.
Petition for rehearing oyerruled;
1872. Newman VS.; Railway Officials. Asso-
Superior. Court.
Room 2-Lawson NJ. Harvey, Judge.
brunswick Bake Calender Company ct
al. VS.. Harry ID. Pierce; rep.evin. On trial
by court.
Room s-Pliny w. Bartholomew. Judge.
John T. Dugan VS.. c., c., c. & St l.. Rail-
way Company; damages. Onstrial by jury.
Circuit Court.
Edgar A. Brown. Judge.
Union Trust Company VS.. Mark c. Davis:
on note. Trial by court: finding in favor OF
DIR. w. G. Lutz VS.. Will Pantzer's Es-
tate. Claim allowed by administrator for
s375 II and costs.
J. ID. Rutledge VS.. Mrs. j. Iantry; on
account. Trial by court; finding in favor of
New Suit. Filed.
William B. Fette VS.. Charles T.. Lee ct
al. suit to foreclose mortgage. Circuit
Court.
William Noble VS.. Union National Saw
ing and Loan Associations; suit on account;
n Ir.r-rr
Bessie Brown vs. Jacob Brown; suit for
divorce. Superior Court, Room 3.
William V. Rocker vs. Thomas Kirk ct
Court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

Charles Castle Left n Letter Admit
ring the Murder OF Jacob Foster.


ring the Murder OF Jacob Foster.
Special to the Indianapolis Journal.
VALPARAISO. Ind. April Sword was
received here to-day that Charles Castle. for
merly a resident of Chesterton, this county,
committed suicide by shooting himself,
Thursday. at Laplata. Mo. About four years
ago Castle. his mother and sister, moved
to Three Oaks. Mich. While there Castles
sister. Esther. had an intrigue with Jacob
Foster. an old soldier After getting all Fos-
ters money they left Michigan. came back
10 Chesterton and then went to Missouri
The sister met ]. p. Herryford and they be-
came quite intimate, when Foster appeared.
He visited the family few days, then sud-
denly disappeared. No heard of Foster
afterwards, the Indianapolis pension agency
lost all track of him and the Castles were
suspected of getting away with him. Charles
heard that effort was being made tc
trace Foster and, fearing discovery, com.
mitted suicide, leaving letter In which he
confessed killing Foster, but did not say
where or how the body was disposed OF.
Twenty-eight years ago Alfred Castle
father OF the murderer, became Jealous OF
William odell. OF this county. claiming he
was too intimate with Mrs Castle. and
threatened 70 kili odell. a short dine affe1
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

Terre Haute Popul:sts have decided 10 place
a councimanic ticket in the field this spring
The board OF prison directors. in session az
Jenersonviie. adjourned yesterday after hold
ing its regular monthly meeting. Nothing
but routine business was transacted.
MISS Jessie Bowman, WeH-known vocal
ist OF Jenersonville, was struck in the face
and her nose mashed by large plank on
lumber wagon In Louisville yesterday
b. B. Johnson. editor and proprietor OF
has sold half interest in the plant TO John
w. Barnes, who for the past two years has
been his business manager. Mr.. Barnes
came here from Kokomo. and was for thir-
teen years superintendent OF the schools OF
Howard county. Tie Item Il al independent
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

the suicide took place lives the divorced wife
Of Amos Patrick, and the latters young
daughter is boarder there. while Patrick
lives at the Soldiers Home. Ryker was a
frequent visitor at the widows home, and
neighbors say he had fallen in love with
her. The divorced husband, who sometimes
comes to visit his daughter. put in his ap-
pearance yesterday rather Unexpectedly, but
no disturbance resulted. They all took sup
per together. Ryker, who was good Bap-
custom.
After supper Ryxer went away, and
mill This n,ornino is, hesoras o'cioct u,ha,.
he came into the yard and killed himself.
John f. Ryker was a son OF Abraham
Ryker, OF Ryker's Ridge, and, like all Of the
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
An old German wandering About.

homeless old German, harmlessly insane,
was locked up in the station house last night.
he has been at the station house asking for
shelter several times recently. Last night he
was found by patrolmen Cronin and Miller
wandering aimlessly about on South Illinois
street. The old man said that mis- name was
Peter Bender. and that he was sixty-fve
years old. He was unable to give any intelli-
gible information concerning himself. A tele-
gram was found in little bundle OF papers
he carried, dated at ST. Joe, No., signed
dot" and addressed to w III. Kekar. No.
envelope addressed to w. II. Kekar, lions
vile, Ind, and a receipt for taxes given to
John F. Lemon, of louisville. were also
found among his effects. An old prayer
book, printed in German, had the name of
Margaret Bender on one Of the margins The
police are anxious to locate the, man. 8
friends. They are uncertain whether his
name Is Bender, Lemon or Kekar.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

ST. PAUL. MIMI. April 3.-H. X. Richard
son. secretary and treasurer OF the deflnc<
Snow-Church Company, was to-day found
guilty OF grand larceny In the srst degree.
the penalty being ave 10 ten years iDpr{<on-
unpaid collections. and, after poStp01em<n(
because ct defective indtctment has ,:oor
been found gullty. George Edwards. m2n1Hof
has also been Indicted Bosine1s ckrc1ee az:
much interested Al the onee> 81 <11p rou<1<
will clear Q7 many thinGk ~ "A 1ru|1rr
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

He VIII No Longer BE Permitted to
Visit His Child.

Judge Harvey, OF the Superior Court, has
rescinded the order made two years ago IN
the divorce suit of Nellie Buchanan against
DIR. Albert E. Buchanan. The court. In
granting the divorce, decreed that the de-
PENDANT should pay into court the sum OF
S. a week for the benefit of his child, Julia
buchanan, the first payment to be made in
April. 1894 and TO continue until the child
reached the age of ten years. By agreement
of the parents this order was vacated yes
terday by the court, the father paying over
500 in full of all calm. The original order
of the court permitted the father TO visit
the child twice each week. but under the
Modification of the decree he no longer has
the right to visit the child. This action was
taken at the instance OF both parties, who
had reached mutual agreement.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
A New old Soldiers Club.

Special to the Indianapolis Journal.
WINCHESTER, Ind, April 3.-Several old
soldiers of this city who were with General
Sherman on his famous march from SAT
lanta to the Sea-" have organized So
ciety, which they have named "Sherman's
March-to-the-sea Social Club They have
selected as officers the following well-known
old soldiers of this city: Ex-Sheriff Ben
Hawthorne, president; George T. Benson,
vice president; Z. A Thomas, treasurer,
and William H. Reinheimer, secretary. All
comrades in Randolph county who made the
trip with Sherman to the sea are eligible to
membership. There are already a good roll
of names Of those who will help to keep
green the memory of that famous march
and to enliven the declining years of those
who,
"s Made thoroughfare
For Freedom and her train.
Sixty miles in latitude
Three hundred to the main
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
Strike Impending.

the coal mine officials here that strike
is threatened in the central district, which
includes Dubois, Clearfield, Punxsutawney,
Reynoldsville. etc. The trouble arises from
the fact that 70 cents is being paid in this
district, against 40 in that. Two years ago
ii was agreed by all concerned that the
difference in the price for mining in the
two veins should be 20 cents in favor of the
Pittsburg district. The miners, who have
been well organized in the central district
lately, are now urging the carrying out of
the equalization agreement, and the mat
ter will be presented to the operators. If
nothing Is done to correct the trouble a
strike will probably follow. AS five of the
largest coal companies in this district COM
pete with those in the central, the men
are directly interested.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04
A musenents.

The Grand has The Old Homestead the
last half of next week. with Saturday mat
inee.
James Reilly changes his bill at the Park
to-day, swing The Broom Maker" Next
week Howard Hall comes for a week in
drama.
James Herne. who comes to the Grand the
first half of next week in Shore Acres" is
dramat.zIng Helen Gardeners novel, IAN I'm
official Patriot"
Zero" which has had a successful week
at the Empire. closes to-day with two per-
fcrmances. Next week will be dark at this
house, Reilly q Woods following the week
after.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-04

Special to the Indianapolis Journal
ELWOOD. Ind, April 3.-R. B. Layton the
well-known dancing master. of Anderson,
was stricken with paralysis of the left side
in his room at his hotel here last night at
O'clock. and his condition was not discovered
until late to-day, when his nonappearance
caused a search to be made. He was found
in his bed and unable TO move his left side
He is i'm a serious condition. and may never
recover the of himself again.