davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
THE COURT RECORD.
Supreme Court.

pany VS. Beck Grant G. c. Affirmed
Hackney il, Parties who procure the
action or a court in a particular fora will
be estopped TO question the correctness of
such action 2. When the court corrects and
CANT, SUCH htigant cannot complain of the
1851 Hutchins VS.. State of Indiana
Steuben G. G. Affirmed. McCabe il A
series OF instructions to jury must be con-
strued together and as an entirety and not
separately and in dissected parts: and if the
instructions as a whole correctly and fairly
some particular one standing alone would
be erroneous, it affords no ground for re-
VerSal. ?. Where in one instruction the
court told the jury what the offense was,
with which the defendant was charged. and
i'm the instruction Immediately following the
the crime and said TO the jury, 'If you find
all these ingredients exist beyond a reason
able doubt you should find the defendant
guilty as he stands charged In the count
in the indictment to which the instructions
refer, such instructions are not erroneous.
3. An affidavit showing misconduct of the
jury in their room as cause for a new trial
forth the fact that such misconduct took
place in the jury room while they were de-
liberating upon their verdict, and that the
affidavit was made upon information and
belief. Is insufficient. f. The law presumes
the verdict of jury TO be correct and that
the jury in making Ii were free from miscon-
duct. .. "A statement, verified or unverified,
cannot be received from a Jurors to impeach
the verdict or the conduct Of the jury in
making 1t. nor can such statement be re-
ceived from one deriving his knowledge from
a juror. d. An afttdayit showing misconduct
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
BY THE SAME OLD VOTE
SUPREME BENCH REFUSES REHEAR-
ING IN APPELLATE COURT CASE.
Judge Howard Writes the Opinion
Ex-Attorney General.

The Supreme Court finally disposed of the
appellate judgeship case yesterday by over
ruling the petition of ex-Attorney General
Ketcham for rehearing. The Democratic
judges stood as they did before-three
against the two Republican judges. The
majority opinion was written by Judge
Howard, and, after deploring the fact that
such friend as Mr.. Ketcham had always
been considered by the judges should be the
one to suggest their lack of judicial fair
ness and stating that all the parties in the
first trial were not now interested in the
case, it said
Neither does the distinguished counsel
who files the petition for a rehearing ap-
pear 10 nave any longer any authority per-
Sonal TO himself in the matter.
AT the original hearing he was attorney
general and presumably appeared for the
State; now, though an eminent lawyer and
a gentleman for whose integrity and learn
ing this court has the utmost regard, he is
yet but private citizen. Indeed so far
as appears from anything before us, it
would seem that he can come here at this
time only as a. friend of the court to sug-
gest such action might be suggested by
any other member of the bar:
"A painful feature of the discussion now
engaging attention is the gratuitouS refer
ence of counsel to the political complexion
of this bench and the assumed consequent
bias or the judges. 1t seems to have been
taken for granted that 1t was the majority
rather than the minority that was moved
by political considerations. But while 1t was
not proper to charge either the minority or
the majority with craftsmanship, yet it might
be most difficult for counsel to show that it
was the majority, and not the minority
that was so swerved by political bias.
Had such illusions been found in the
brief of an inexperienced attorney it could
be readily overlooked as due to want of
knowledge of the proprieties in an argument
before an appellate tribunal. But the coun-
sci who has now-and, so far as we recall
for the first time during the life of the
court as at present Observation-Disclosures
THAT grave constitutional question was de-
cided, not on judicial, but on political
grounds, has been, in deed and truth, an
amicus curiae a friend admired, trusted and
honored by every judge on this bench. When
such a one strikes, the only response fitting
II ic TN, al
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
Grnndmotber,s CHRISTMAS.

Dear heart, apart in the silence!
A baby is coming 10 me;
One day in the far-om barren hills,
And the next day here by the SEA.
She will not know | am old dear,
Nor that I'm worn and gray;
She'll touch my brow with her fingers small,
Smoothing the burrows away.
Her eyes are blue yours, dear,
And clear the skies in June,
Her smile sweet another smile
That faded, alas! too soon.
But shell nestle close to my heart, dear,
Just you used TO de,
And I'll take the kiss from her sweet red mouth
For I'll know that 1t comes from you
I'll guess at the message you sent me,
Though she is too small to know,
For out OF the silence she came, dear heart,
The hush where the tired feet go.
One day in the far hill country,
And the next day here by the sea;
And Baby will laugh, at the Christmas-tid
And her laughter win comfort me.
MARY Riddell corley in Boston Transcript.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
sHERIFF's SALE.

BY virtue OF certified copy of a decree to me
directed from the clerk Of the Superior Court
Of Marion county. Indiana, Ia cause No $780,
wherein the indianapolis Savings and Investment
Company is plaintiff and Marcy Jane Smith ct
al. defendants, requiring me to make the
sums OF money in SAID decree provided and in
manner and form therein provided, with inter-
est and costs, Will expose at public sale to the
highest bidder, on
SATURDAY. THE 18TH DAY OF JANUARY,
1899,
between the hours of 10 O'Clock a. m. and 4
o'clock p m. Of said day. ar the door Of the
courthouse OF Marion county, Indiana, the rents
and profits for term not exceeding seven years,
OF the following real estate In Marion county,
Indiana:
Lot numbered nineteen 40, in block five o.,
in North indianapolis in the ciy of indianapolis
II such rents and profits wll not sell for "a
sufficient to satisfy said decree, with interest
and costs, / WILL at the same time and place,
expose TO public sale the fee simple of said real
estate, or so much thereof as may be sufficient
to discharge said decree. Said sale will he made
without relief from valuation apprdsement
laws. CYRUS j. CLARK,
Dec. "a 1898. Sheriff OF Marion County
Ayres g. Jones' Attorneys for Plaintiff.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
sHERIFF,s SALE.

BY virtue of certified copy Of a decree to me
directed from the clerk OF the Superior Court
OF Marion county Indiana. in cause No. 56S61,
wherein James S. Cruise is plaintiff and Lena
Petsch ct al. defendants. requiring me to
make the sum Of four thousand and ninety dol
lars and ninety-nine cents (4,0~.S9), as provided
for in said decree, with interest and costs Will
expose at public sale to the highest bidder, on
SATURDAY, THE 18th DAY OF JANUARY,
1899.
between the hours OF 10 o'clock a m. and
O'Clock D. m. of said day. at the door of the
courthouse of Marion county. Indiana, the rents
and profits for a term not exceeding seven years,
of the following real estate in Marion county,
Indiana:
Ninety-nine (99) feet and ore "a inch off of the
west side of lot numbered ten Q0), in William
Hughey's subdivision Of outlot numbered eighty
eight (SS), in the city of indianapolis, Indiana,
except fifteen l5) feet off of the south end of
said tract as shown by plat of said subdivision,
recorded in Plat Book !, Page 4s, in the office of
the recorder of Marion county, state OF Indiana.
If such rents and profits wiR not sell for a
sufficient sum to satisfy said decyee, with interest
and costs, l will, at the same time and place,
expose to public sale the fee siaple Of said real
estate. or so much thereof I1ay be sufficient
to discharge said decree. Said sale will be made
without relief from valuation or appraisement
laws. CYRUS ]. CLARK,
Dec "a, 1893. Sheriff of Marion County.
Ayres & Jones, Attorneys for Plaintiff
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
SHERIFFSS SALE.

BY virtue Of certified copy OF decree to me
directed from the clerk of the Superior Court Of
Marion county, Indiana, in cause No 1884,
wherein Elzina Cissel is plaintiff and Edwin I.
Smith ct al. defendants requiring me to make
the sum of two hundred and two dollars (S202), as
provided for in said decree. with interest and
costs, 1 will expose at public sale to the highest
bidder, on
SATURDAY, THE s1ST DAY OF DECEMBER,
1898.
between the hours of 10 o'clock a. m and 4
o'clock p m. of said day. at the door of the
courthouse OF Marion county, Indiana, the rents
and profits for term not exceeding seven years.
Of the following real estate in Marion county,
Indiana:
Lot number Hine CO., in w. Y. wiley's sub
division of outlots number hundred and sixty
four C6D and one hundred and sixty five Q65), in
the city of Indianapolis.
IL such rents and profits will mot sell for a
sufficient satisfy said decree. with interest
and costs, ! will. at the same time and place.
expose TO public sale the fee simple of said real
estate, so much thereof may be sufficient
to discharge said decree. Said sale will be made
without relief from valuation or appraisement
laws. CYRUS j. CLARK,
Dec. TO- 1885, Sheriff of Marion County.
B. +. Watts, Attorney for Plaintiff
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
ENOUGH OF THE DEAL.
City Officials VIII Not Try to Revive
the HOrd Scheme.

1t was announced yesterday that the city
officials had decided to change their minds
in regard to the water works deal, and they
made the statement in their afternoon or
gan that they were unwilling to rush the
deal through before Jan. l." At the con-
ference held several days ago all
the city officials approved the plan
of the water company to railroad
the scheme through ne Council in
a few days, but, though the scheme
was sprung without warning. public senti-
ment Immediately hared up. 1t is also said
that Mayor Taggart believes the water COM
pany will revive its plan some time next
year and negotiations may be renewed.
VIM B. Hord left for New York yester-
day. After he had gone his cousin, Francis
II. Hord, received telegram that it was H.
M. Payson who dropped dead in Boston, and
not c. H. Payson, the heavy stockholder in
the water works company Mr.. PaySon's
supposed death was readily taken an ex-
cuse by the city officials to drop their
scheme, but when the report was found to
be incorrect they did not attempt to con-
tinue the deal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
Presbyterian.

FIRST PRESBYTERIAN CHURCH-Southwest
corner Pennsylvania and New York streets.
The pastor Rev. NJ. l.. Haines d. d. will
preach tomorrow at 1916 a. m. and at 1880 p. m
"a Christmas service of song, with an address.
Sunday school meets at $3.50 Society of
Christian Endeavor at $3.50 p. M Mdweek prayer
and conference meeting on Thursday evening at
1880 o'clock. All are cordially invited.
SECOND PRESBYTERIAN CHURCH-Corner
Vermont and Pennsylvania streets. Rev. Jos. A.
Milburn, pastor; the Rev Clifford Mcbride
sistant pastor Preaching Sunday morning at
10:45 and Sunday afternoon at o'clock by the
pastor. Young Peoples Christian Endeavor
p m. Sunday school, Gas a. m. DR.. w. II. De
Notes Bible class for deaf mutes. $3.50 a.
Prayer meeting Thursday evening at 1880. Mayer
chapel-Corner of West and Catherine streets.
Sunday school tt 2:30 D. m. Preaching at 7:30
p m. Prayer meeting Wednesday evening at 1880.
SEVENTH PRESBYTERIAN CHURCH-Corner
of Cedar and Elm streets. Take Virginia ave-
nue. car to Cedar street. r. V. Hunter d. D.,
pastor. communion service will be held in con-
neetion with Christmas services at 1880 m.
At 1880 D. m. there viii be song service and
short address Sabbath school at 2:S0 p. m. Mr..
Charles A. Vinnedge, superintendent. Junior
c. f. at $3.50 a. m Senior G. l.. at $50 p. m.
Miss Palmer Bible class Monday evening.
Prayer and social service on Thursday evening
TABERNACLE CHURCH-Corner Meridian and
Eleventh streets Rev. j. Cumming Smith. pas
tor Rev. w. b. Durham, associate pastor.
Christmas sermon at 1915 a. m. Sunday school.
$3.50 a m. Y p S. c. E, 6:45 p. m. Christmas
exercises by Sunday school at 1880 p. m. Preach
ing by the associate pastor in West Washington
street Chapel at 1880 p. M
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
SHERIFF,S SALE.


BY virtue of certified copy of decree to me
directed from the clerk of the Superior Court of
Marion county. Indiana, in cause No. SIPS,
wherein Jesse Warrington is plaintiff and Sophia
Z. Rhodes ct al. defendants. requiring me
TO make the sums of money in said decree pro-
vided and in manner and form as therein pro-
Vided, with interest and costs, will expose at
public sale to the highest bidder, ION
SATURDAY, THE SlST DAY OF DECEMBER,
1925
between the hours of 10 O'clock a. m and 4
o'clock p. m: of said day, at the door of the
courthouse OF Marion county, Indiana, the rents
and profits for term not exceeding years.
Of the following real estate in Marion county.
Indiana:
Lot number twelve 02l, in S. Bnkley's subd-
visicn Of outlot numbered hundred and
twenty-four Cl24), in the city of indianapolis.
If such rents and profits will not sell for a
sufficient sum TO satisfy said decree. with interest
and costs, / Will. at the same time and place,
expose TO public sale the fee simple of said real
estate much thereof may be sufficient
TO discharge said decree. Said sale will be made
without relief from valuation or appraisement
laws. CYRUS J. CLARK,
Dec 10, 1898 Sheriff of Marion County.
II. g. Study and W. G. Smith, Attorneys for
Plaintiff.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
HER LOVER ON TRIAL.
William Perkins Stabbed Martha
Stewart, COIOred.

SteWuft, COlOreOs
Miss Martha Stewart a good-looking
young colored woman, who lives with her
aunt on West North street, had most vio-
lent lover in the person of William Perkins,
who is about twenty-three years of age. In
the Criminal Court, yesterday. the girl told
Judge Afford of her troubles with Perkins
The latter was arrested few weeks ago for
assault and battery. with intent to kill the
Stewart girl, and the grand jury indicted
him. The case was tried yesterday and
Judge Afford sent Perkins to prison for
term of two to fourteen years.
The girl related story which indicated
that Perkins was very jealous of her. She
said the assault 'teok place about o'clock
in the morning. The Afternoon before Per-
kins had been in her house. and went away
in q very uncertain temper That night. or
rather, the next morning, about o'clock
ne came back to the house, broke in through
a Kitchen door and made his way to the
room where she was sleeping with her aunt
The girl awoke and saw Perkins standing at
her bedside with lantern in his hand. He
ordered her to get up saying he wanted to
have a talk with her She arose and put
on her clothes, and went with him into an
her alleged fickleness, and demanded that
she keep company with no one but him.
The girl said something that angered Per-
kins and he struck her over the head with
the lantern. Believing that he meant fur
Their violence she ran from the room and
escaped from the house. She made her way
to the door of a neighbours house and tried
to arouse the family. Perkins followed her
and again assaulted her. The girl said he
drew a long knife from his pocket and made
a motion as if to strike her. She threw up
her arm to ward off the blow and he slashed
at her most viciously. The knife penetrated
her arm just below the elbow, passing en-
tirey through. The girl showed the court
the scar on her arm. She said that when
Perkins struck her with the knife she
screamed, and her cries aroused the neigh
borhood. Perkins had little to say in his
relied with the girl that night because he
had met a white man coming out of the
house. as he went in. This was denied by
the girl.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24

To the Editor of the Indianapolis Journal:
You say Hon. r. r. Hit is not quite an
Indianan. Let us see. His mother, if not
born in Indiana, came TO ,he Territory when
quite a small child. She was educated in
the State and was married in the State to
Rev. Thomas S. Hit. a Methodist travel
ing preacher who was two years stationed
in indianapolis, and later at Madison and
New Albany. The boy was born in Ohio
during a temporary sojourn of the parents
member of the Indiana Conference He was
educated at Asbury University, and later
was married in Indiana The mere accident
Of birth during a temporary sojourn abroad
does not invalidate ones claim to all that
is implied in citizenship. u. L. SEE.
INDIANAPOLIS Dec. o.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
NOTICE OF LETTING CONTRACT FOR.
THE CONSTRUCTION OF GRAV-
Ell ROAD.

Notice is hereby given that the contract for the
construction of a gravel road in Center township,
Porter county, Indiana, on the highway known
as the Valparaiso Chesterton road. from the north
line OF the city of Valparaiso to the north line of
Center township. will be let at the commits
sioners' room in the courthouse. la the city OF
Valparaiso. on Saturday, the 9TH day of January,
1899. Bids must be filed with the county auditor
by II o'clock a. said date, and must be
accompanied with a bond payable to the state of
Indiana. double the amount of the bid, condi-
toned for the faithful performance of the work
in the contract is awarded him. The bid
must be for the construction OF the work in all
respects in accordance with the teport of the
engineer and viewers appointed to view and make
report the same. which report and profile is on
file at the office OF the auditor OF Porter county
The commissioners reserve the right TO reject any
and all bids. JAMES $. FULTON,
PETER ]. tsfNDELL,
LEE G. HOWELL,
Commissioners of Porter County.
Attest NJ. J. STINCHFIELD. Auditor of Porter
County.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
sHERIFF's SAFE.

BY virtue of an execution to me directed from
the clerk of the Superior Court o. Marion county,
Indiana I win expose at public sale to the high
est bider, on
SATURDAY, THE 21ST DAY OFF DECEMBER,
1898,
between the hours of 10 o'clock a. m. and 4
o'ciock p. IL. OF said day, at The door of the
courthouse of Marion county, Insiiana, the rents
and profits for term not exceeding seven years,
OF the following real estate in Marion county,
Indiana:
Lot number one hundred and fifteen d15). in J.
+. Downey's third southeast addition to the city
OF Indianapolis.
And on failure to realize the full amount of
Judgment, interest and costs, WILL at the same
time and place, expose at public ss.le the fee
simple of said real estate. Taken the property
OF Mary j. Cloud, at the suit of HAIRY Burnett
Said sale will be made with relief from valuation
or appraisement laws. CYRUS J. CLARK,
Dec. 10, 1898. Sheriff of Marion County.
Jameson g. joss, Attorneys for Plaintiffs.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
Guardian for a Drunkard.

Proceedings were brought before PROBATE
Commissioner Walker yesterday to have
guardian appointed for John G. Rice who is
at present an inmate of the Central Hospital
for the Insane. Rice has for a long time
been addicted to the liquor habit, and it is
said this is the cause of his mental trouble
lie was present during the proceedings yes
terday, and requested that the court appoint
guardian had to be appointed The com
missioner agreed to this, and Mr. Grossart
was selected. Rice was told that if he alb
stained from the use of iptoXicants for
year the guardianship would then be va
Gated. Rice has real estate situated on Ar
scnal avenue worth about 81 900. His wife is
also an inmate of the Central HOSPITAL
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
PETITION OF BANKRUPT FOR HIS
DISCHARGE.

No. s. In bankruptcy.
In the matter of Henry Levy Bankrupt.
District Of Indiana. IS.
On this 23d day of December, A. d. 1885, on
reading the petition of the bankrupt for his dis
charge. II Is ordered by the court that hearing
be had upon the same on the 18th day OF January
A. ID. 1899. before said court at indianapolis in
that notice thereof be published twice in the
Daily indianapolis Journal, a newspaper printed
in said district. and that all known creditors and
other persons in interest may appear at the said
time and place and show cause IL any they have
be granted
And 1t is further ordered by the court that the
copies of said petition and this order addressed
10 them at their places Of residence as stated.
Witness the honorable John II. Baker Judge
Of the said count, and the seal thereof, at In
dianapolis, in said district on the 23d day OF
December, A. ID 1898
NOBLE C. BUTLER Clerk
ISEAL OF THE CoURTJ
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
LEGAL ADVERTIS EzNENTS.
PETITION OF BANKRUPT FOR HIS
DISCHARGE.

No 40. in bankruptcy.
In the matter of Lee r. Kahn, Bankrupt.
District of Indiana.
on this sd day of December. A. d. 1898, on
reading the petition of the bankrupt for his dis
charge IL is ordered by the court that hearing
be had upon the same on the 18th day of January.
a. D. 1899 before said court. at Indianapolis, in
said district, at o'clock in the forenoon and
that notice thereof be published twice in the
Daily indianapolis Journal. a newspaper printed
In said district and that all known creditors and
other persons in interest may appear at the said
time and place and show cause. IL any they have,
Why the prayer of the said petitioner should not
be granted
And IL is further ordered by the court that the
clerk shall seHd by mail to all known creditors
copies of said petition and this order, addressed
10 them at Their places of residence as stated.
Witness the Honorable John II. Baker, Judge
Of the said conrt. and the seal thereof, at In
danapolis, in said district on the I'D day OF
December. a y. 1898.
NOBLE C. BUTLER, Clerk.
TSEAI. or TIE COFTRT
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24

Notice is hereby given that on the 9th day of
February, 1888, the Common Council OF the city
Of Seymour, Ind, will receive sealed BIDS for
supplying the city of Seymour lnd with an
electric light plaRt OF sufficient CAPACITY to fur
nish street lighting and supplying arc and in
candescent lighting and power for private pur-
poses. All machinery and lamps used in the con-
stInctton Of such plant to be entirely new.
Notice Is also given that the Common Council
Of the city OF Seymour, Ind win at the same
time receive proposals for supplying the city with
albright street are lighting for the term of five
years from Oct. o. 1899
All bidders must attach 10 their bids a schedule
OF prices 20 be charged private consumers for
both arc and incandescent lighting.
sufficient bonds TO be approved by the Common
Council must accompany all bids
BY order OF the Common Council Of the city OF
Seymour, Ind.
Attest: LOUIS e JENNINGS. city Clerk.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24
EniaCOnal.

CHRIST CHURCH-Christmas day. Holy
munion, 1880. Service. with sermon and holy
con munion, 1O:3O Sunday school, p No
evening service.
ST. DAVID'S CHURCH-Corner Talbot avenue
and Twenty-first street.. Sunday celebration,
1880 a. m. Morning prayer. O'Clock. Sunday
school, $3.50 m. Choral celebration, 1880 a. m;
evening" 1880 y. m. The members of this con-
gregation observe the rule of ia sting communion.
Visitors are asked not to communicate at the
late celebration il they have broken their fast
ST. PAUL'S CHURCH-New York and Illinois
streets. G.. A. Christensen, rector. Holy COM
munion Tin the chapel, g.. m. Holy communion,
S:45 a m. Sunday school, $50 a. m. Morning
prayer. sermon and holy communion. 1O:45. Even
ing prayer and sermon. 745. The rector will
preach. Morning subject "A Royal Birthday"
evening subject, 1.-THE Word Made FIesh.''