davidaulloa/AmericanStories huggingface dataset:
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-08
ffJ11HERE,s Nedmardg" some on.
BY G. 0. DURHAM.
seeeeeeeeeeeeeeeeeeeee

nJI7HEREs Nedward?" some one
wv asked the foreman one Au-
gust night when the boys were gath
cred around the supper table after
hard day in the branding pens.
Sent him over TO the river with the
horses for Mack" replied the foreman;
..he won't be back for four days"
ooh. picnic" said the first speaker.
"Not quite; it's long stretch with
out water"
YES, if you're built that way"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
THE NEWS CASE ARGUMENT.
Mr.. Smiths Acceptance of His Share OF
Profits from the Receiver.

Judge lIcMaster, of Room 1, Superior
Court, resumed the hearing of argument
yesterday in the Indianapolis News litiga-
ton. Attorney Winter, who represents the
defendants Charles r. Williams and Della
van Smith, completed his argument yester-
day morning, and the remainder of the day
was taken up by Charles w. Smith and
Byron K Elliott, counsel for the plaintiff,
w. j. Richards, who is asking for ac-
counting and q dissolution of partnership.
The defendants are attempting to prevent
an order being made for a sale of the paper.
Delavan Smith is a nonresident and has
not appeared in the courtroom. 1t is con-
tended that until he does the court has no
Jurisdiction to act. The attorneys for the
plaintifi in their argument yesterday main
tanned that the court has absolute Jur1sdlc-
ton under the summons that was served
on Deavan Smith at his home in Chicago
and the notice given him by publication.
They also submit another proposition TO
the effect that whether this court has juris-
diction or not, Delavan Smith cannot now
claim that the action already taken is In
valid. In support OF TINS proposition the
attorneys show that Mr.. Smiths lawyer
was in court when the order creating q re-
ceiver was made last summer, and entered
no objection then and took no exception. 1t
is further urged that Mr.. Delavan Smith
cannot now set up the claim that the order
was invalid, because, under the courts Or
der, the receiver has made distribution
of the earnings of the newspaper from time
to time and Mr.. Smith has accepted his
equal share. 1t was shown that he has re-
ceived from the receiver since last May
something over $l0.UO
gument along this line last night but viii
finish this morning Should the court sus-
tain the contention of the plaintiffs at
be the sale of the News plant after notice
has been given by publication.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
BROAD RIPPLE BEER.
Fielder Thinks a Man That Can Drink
1t Is Sane.

Probate Commissioner OBryan has under
consideration the petition of Samuel Fielder,
of Broad Ripple, who has asked that his
guardian be removed and that he be de-
clared person Of sound mind. The petit
toner is sixty-nine years of age and is a
veteran Soccer. Ten years ago Clarence
Kirk was appointed his guardian. At the
time it was claimed Fielder was incapable
of managing his own affairs. He was then
receiving a pension of So month, which
has been increased until now he is receiv-
ing SIS a month. 1t appeai- that Fielder's
guardian has been permitting him to buy
his own groceries and look after his own
house, and the veteran thinks if he is sound
enough mentally to purchase his provision
he is certainly capable of attending to all
of his business He lives at Broad Ripple
with his daughter.
While the hearing was on before the court
one Of the attorneys asked Fielder if he did
not sometimes take glass of beeer. Yes, =
he replied, and if Broad Ripple beer won t
make man crazy he's solid. He'll never
lose his mind.
Another witness asked a hypothetical
question which involved the amount of
Fielder's income. That's hard question
to answer" replied the Witness because
Fielder is the only man in Broad Ripple
who has that large an income"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
Company H Enjoys Itself.

The members of Company II, One-hun-
ACKNOWLEDGEMENTS Regiment with the
exception of five who are sick at home,
treated themselves to a banquet at the Eng
lish last night. The dining room was brill
liantly lighted and small American flags
duttered in thick profusion from the chan
deliers. The table was arranged in the form
of the letter H. around the central stem of
which the officers sat. Major Rich and
Captain Allen, two brother officers in the
same battalion, were the guests of the even
ing and sat on either side of Capt. Tarleton.
The affair was entirely informal, without
speechmaking, and formed one of the several
entertainments which the men are giving as
a method for using up the accumulated
money which so far they have been unable
to dispose of. During the early days of their
service when the possibilities of seeing ac-
tive service were bright the men subscribed
SO apiece to fund to be used for the care
of their sick and wounded and to purchase
whatever necessaries the government might
not be able to furnish at once This fund
was added to by the canteen until there
was quite a surplus on hand A conference
with the men on their arrival here devel-
oped the fact that all of them preferred to
use the money in making the last days they
would spend together as a company pleasant
ones rather than divide it up and give each
man about $40 Since coming home they had
theater parties and o.her amuSements and
still have quite a sum for future good times.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
cided upon the details of the arrangements,
but will have plans perfected within three

cided upon the details of the arrangements,
but will have plans perfected within three
or four days
The Free kindergarten Society, of which
Mrs John b. ELAN is president, will have
charge of all sales. There will be four
booths, one for blooming plants, one for
palms. one for cut plants and one for bulbs.
The reception committee, which was APP
pointed last night, will have charge of the
receiving OF the plants from outside the
city and will take care of the other details
of the opening of the show to the public.
They will also make arrangements for the
reception to florists which will be held on
Wednesday night The reception committee
is composed OF T. V. Page. r. 3. Alley.
William Langstai, J. b. Hatfield. John
Hartje and Clyde Power of this city, w. W.
Coles of hokomo, J. A. L. Haugh of An
derson, and j. A. Evans, Of Richmond
Three new members were taken into the
organization last night. They are Charles
Skjoldfer, f. Bertermann and ]. r. Sharp
A paper upon the "Cineraria' was read to
the society by Albin Schrieber. The officers
of the State Association were elected early
in the year and will have general charge
Of the show. They are President. ]. ID. Car
mody; vice president. John Bertermann; Sec
rotary. r. A. McKeand; assistant secretary.
Fred Hukriede; treasurer. j. +. Hunting
ton: superintendent OF hall, John Heiden-
riech; inspector of exhibits Fred Hukrede;
Judge Theodore Back OF Hamilton, ..
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
MEMORIAL TREE PLANTING.
First One, a Linden, Bears Mrs. Albert
Lieber's Name.

The first tree planted in Memorial plat
at Riverside Park was placed there yester-
day in memory of Mrs. Alice Barus Lieber,
wife of Mr.. Albert Lieber. About forty
friends of the family drove out to the park,
where there was a short programme. A
brass quartet, under the direction of Prof.
r. A. Miller, played Prayer" composed
by Mrs. Lieber, which has recently been
published and this was followed by an adj
dress by Mr.. w. w. Woollen. Mr.. Woollen
spoke Of the life of all things and told par
ticularly of the linden tree, the kind that
was planted, and Of the great size it has
attained in the fatherland. He spoke Of
Mrs. Lieber's fine character and her love for
music and flowers. The Maennerchor
quartet sang, and as they sang the tree
was planted and each one present laid
flower at it's root while the Memorial Tree
Association had a metal piece fastened to
the tree bearing the name of Mrs. Lleber.
Miss Irma Forester sang "Woodman, spare
that Tree, in a sympathetic voice, and the
Linden Limo MIS-. Eliza G. Whey, president Of
the association, sent letter, which was
read by Mrs. Margaret Peelle, as follows: :,
''It is fitting that the first tree planted
by the Park Memorial Tree Association
should be in memory of the wife of one but
for whom this organization would not nave
a broad, generous and comprehensive one
and far-reaching in its beneticence ana
beauty. This tree is symbollcal or the ire
and character of the one whose memory 1t
will commemorate. AS time goes on Its
spreading branches will become the home
of the mother bird, brooding and caring for
her young. It's ample foliage will be screen
from the fierce rays of the summer sun 70
all passersby; it's trunk, erect, symmetrical
and firm, able to withstand the wintry
wind; it's roots striking deep into the bosom
of the earth, drawing its life and nouTish-
ment from hidden sources, symbolical of the
silent, sacred mystery of love that trans
rnutes the earthly into the spiritual in the
alembic Of a pure heart. The signing OF the
wind through it's branches will be requiem
to the memory of this music-loving, home-
loving strong, sweet-spirited wife and
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
HE FOUGHT AT SAN JUAN.
Private Kelly, of This City, Given
Reception by the Hibernians.

Private John J. Kelly of Company A,
Sixteenth Regular Infantry, who is visiting
at his home on South Arsenal avenue for
a few weeks on sick leave. was given
reception by the members of Division No
3, Ancient Order of Hibernians, last night.
Mr.. Kelly has been a member of the order
for several years and enlisted at the re-
cruiting station in this city April % He
received his first military training at Boise
barracks, Boise City Ida, going from there
to Tampa and finally TO Cuba in time for
participation in the battles before Santiago
The only other indianapolis boy in Com
pany A was Charles Condor, who however,
was not allowed to go to Cuba until the
surrender. arriving there on the same day
the troops entered the city. Condor was
among two hundred recruits who had
Joined the regiment only a week or so be-
fore it sailed from Tampa. According TO
Kelly San Juan hill was a pretty tough
place and he hopes his regiment will not
be sent TO Cuba with General Lee, as he
has seen enough of the island to last him
for the rest of his life.
He says go far as he was concerned he
had enough to eat at all times when In
Cuba, and many times had enough TO divide
up with soldiers whose appetiteS were alb
normal For a time after the surrender he
and he says IL seemed to him as if after
the strain Of the excitement had passed and
the city had been captured there was a
general collapse among the soldiers, who
until that time had maintained themselves
in the stirring atmosphere Of war when
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
Y. w. C. A. CONVENTION.
Fourteenth Annual session VIII BE-
gin TO-MOFrOw.

The fourteenth annual convention OF the
Indiana Young Women's Christian Associa-
ton will begin in this city Thursday and will
continue until Saturday night. The first
session will be held tomorrow afternoon at
the rooms of the association, on North Me-
ridian street. Most Of the session will be
held at the First Presbyterian Church.
William L. Bryan. vice president of the
State University, at Bloomington, will have
charge of the Bible work during the con-
vention. Miss Harriet Taylor international
secretary, of Chicago, Will conduct the city
conference and will assist in other services.
Miss Helen F. Barnes, secretary Of the Ohio
association, Will participate in several meet
ings. Miss Helen Lockwood, of Peru, will
have charge of the music, and she viii be
assisted by Miss Adelaide Carmen, OF this
city. The Indianapolis association assisted
b. the Butler College Association, has made
preparations to entertain tha out-of-town
delegates.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

The "heirs'' who are entitled to right Of
action action for the death OF a person under 2
in Noble VS. Seattle (Wash.), 40 L. r. A, S22,
to include the widow and children only, and
not to include the parents OF the deceased.
A foreign corporation which has officers
and agents in the State on whom service of
process can be made at any time is held, in
Turcolt VS.. Yazoo M. v. r. Co. (Tenn.), 40
L. r. A, 768 not to be "out of the state
within the meaning Of the statute of limita-
tions
Notice Of an accident causing death, given
to an insurance company twenty nine days
after knowledge of the facts was obtained,
is held, in Foster VS. Fidelity & c. Co.
(Wis.), 30 L. r. A, 1893, to be too late to DO
Immediate within the meaning of the
policy
mine to employ a competent mine boss be-
ing imposed by statute, is held, in Williams
VS.. Thacker Coal q G. Co. CIV. Va.), 40 l.. r.
ployment of such mine boss, and for the
latter's negligence the operator or agent is
held not to be liable.
Publication of a delinquent tax list in the
English language but in q newspaper which
is otherwise printed in the German Ian
guage, is held not to be sufficient in State,
Goebel VS.. Chamberlain CWis.), 40 L. r. A.,
S43, when the statute provides in general
terms for publication in newspaper printed
in the county, as the English language is
the language of the country to be used in
all official proceedings, in the absence of
statute authority to the contrary.
The death of person by contact with an
abandoned telephone wire charged with
electricity by crossing an electric-light wire
is held, in Mooney VS.. Luzerne Borough
(Pa.), 40 L. r. A., 81, to raise a question for
the jury. where the wire. after it had been
unused for several months and had sagged SO
as to interfere with public travel, was cut
by a member of the borough council and
wrapped around a post within easy distance
of pedestrians, and with one end resting on
the ground or in the water.
The doctrine that the placing of electric
wires known to be dangerous at a place
where others are lawfully entitled to be con-
stitutes negligence is applied, in Perham VS..
Portland General Elee. Co. (Or.) 40 L. r. A,
1893, to wires strung over a bridge where
workmen in repairing the bridge come in
contact with them; and it is also held that
the apparent perfect insulation of the wires
amounted to an invitation to risk contact
with them, when the wires are placed where
persons in performing their duties may
come in contact with them.
A person holding a mileage ticket, who,
with intent to board a train standing on a
siding near a station, without going to the
station, attempts to cross the main line, Is
held, in Southern r. Co. VS.. Smith &C.. G.
App. 5th c., 40 L. r. A.. 746. to be not a
passenger to whom the carrier owes ex-
traordinary care or diligence, but only one
of the general public entitled to ordinary
care. if he has done nothing to notify any
Of the officers or agents of the carrier that
he is a prospective passenger.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
FOUR THOUSAND VOLUMES.
Medical Department of Public Library
Has Good Beginning.

The library of medical literature in the
City Library building was formally opened
last night at q meeting of the Marion
County Medical Society. Besides members
of the society several members of the
School Board were present to show that
they were as interested in the new feature
of the City Library as the physicians were.
George w. Sloan, for the School Board, told
when the idea of establishing a medical
library was preached. He was much
pleased at the interest manifested. d. Frank
VIM, who was delegated by the society
to take charge of the formation of the
library read o report of his work. He had
met generous treatment wherever he had
asked for contributions to the library. Four
thousand volumes have been collected and
six hundred of them are duplicates. Mrs
Theophilus ParVin. widow of DR.. Parvin,
who died in Philadelphia, and who had lived
in this city, gave the library four hundred
volumes. Some very valuable books on
medical subjects have been contributed and
files Of many of the medical journals are
complete. Compliments were paid to
DR.. VIM for his work in collect
ing the library, and he was APP
pointed committee of one to confer with
increasing the medical library. Miss Brown
ing said that complete catalogues Of the
books in the medical library will be ready
in a short time. About four hundred books
which have been purchased are now on their
way TO this city
Others present talked of the library and
it's prospects. The idea which prompted its
creation was that ii would be great help
TO the students of the medical and dental
colleges in this city and also 10 physicians
who are practicing. Many physicians found
in their libraries books which they would
not miss If they were not there and which
were of value in the public library. ~ Was
largely from this source that the books in
the library were received. The speakers
all agreed that the library is now in its
incipient stage and all energy must he bent
toward fostering It, DR. Winn said ne was
willing to give all the time he could spare TO
the DEVELOPMENT of the library. A motion
was made and adopted that the society
should become member of the Associa-
ton of Medical Librarians, which gives OPP
portunity for an exchange OF books. Those
who were present at The meeting walked
between the shelves and examined the vol
umes. All We're satisfied that q very good
'incipiency' indeed was before their eyes.
Yose finest upright pianos at WuIschner's
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
FLOWER SHOW DECORATIONS
Some Changes Over Past Years-New
Varieties Of Palms.

Some of the plans for decorations at the
chrysanthemum show, which will open next
Monday, were discussed last night at the
meeting of the Indianapolis Florist Club.
The decorations committee, composed of
Ed Bertermann, John Bertermann and
Henry Rieman. made an outline of the plans
they are now formulating.
1t is intended to make decided changes
from any ideas OF previous years. From a
fringe of Southern snilax there will hang
over the balcony a bank of Florida moss.
Above the balcony there will be mean
descent lights The side walls above the
balcony win be covered with American
flags. The palms will be grouped in front
of the stage and at the main entrance be-
tween the doors. Quite a number OF varieties
which have never before appeared in In
dianapolis are expected 10 be IN the ex-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

malaria already had its grip on them He
is unable to account for the way in which
the troops took San Juan hill. The Span
iards fought hard and the place was natur-
ally fortified. After the city had been taken
and the troops mixed up with the Spanish
soldiers a little they learned that Spanish
officers had told them that if the Americans
captured them they would be butchered,
and that therefore they fought with des-
peration. The Spanish also told them that
they We're lucky to have captured the hill,
for, according to Spanish history, the
British during the conquest of Cuba long
years ago lost 10000 men in three charges
and still failed to capture it, Kelly will
leave for Huntsville, Ala, to join his regi-
ment next week
There were several hundred Indiana men
enlisted in the Sixteenth Regiment.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

Joseph Z. Weiman, in the Superior
Court, yesterday began an action against
George Rosenberg, a dry goods merchant
at No. North Meridian street. to recover
damages for an alleged breach of contract
and to have a receiver appointed for the
defendants store. Weiman AYERS that he
made q contract with Rosenberg to clerk
in his store for a. year The service was to
begin on May 2. 1898. For the first two
months the plaintiff was to receive $50 a
month, and after that was to be paid q
salary of SIS a week. He went to work, he
says, and continued in the employ of the
defendant until few weeks ago, when he
was dismissed. He claims he has been I'M
able to get employment since, and says he
has been damaged to the extent of 500. The
plaintiff shows that Rosenberg has a stock
of goods worth about 50, CO., 1t IS charged
that the defendant IS misapplying and
squandering the assets of the business and
the store and to award the plaintiff judg-
ment for the amount he asks for.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

In the Superior Court, yesterday, Charles
f. Smith, administrator of the estate of
Silas Walters, brought a $10.0G damage
suit against the Big Four Railroad. Silas
Walters was killed in January last, while
in the employ of the railway corporation.
He was working on the track a. Belmont
avenue and was run down by train while
so employed. 1t is claimed that Walters had
no warning of the trains approach and that
the accident was due TO the negligence of
employees of the road. Walters left a widow
and three children.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
THE COURT RECORD.


1885. Fletcher VS.. White. Montgomery
c. c. Affirmed Howard, il person.
whose land is assessed for the maintenance
of a ditch. cannot stand by and allow the
work TO be performed and receive the bene-
fits thereof. and afterwards be relieved
from paying for the same by a court OF
the statute (R S. 1884, Sec. 5632), for the
repair OF ditch the proper officer TO cause
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

Judge Baker. of the United States Court,
yesterday gave an opinion in the suit Of
George Allen against George w. Grimes to
recover for Il patent infringement. The
patent in question is a device for pumping
q large number Of oil we.is from a central
power. The court finds in favor of the COM
plainant.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

John w Young. of Richmond, Ind. yes
terday filed a petition in bankruptcy in the
United States Court His liabilities aggre-
gate about $6S5lS. There are no assets. A
similar petition was filed by Lee r. Kahn.
who was formerly a contractor at Brazil,
Ind. His liabilities are $56S4.45.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

Eliza Hackney brought suit yesterday
against Jacob Crone. the owner of property
which the plaintiff rented A stairway in
the house gave way with her and she was
injured. She claims the defendant knew of
the defective condition of the stairway,
and had promised to have it strengthened,
but failed to do so.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

The receiver of the Schroeder shoe store.
at No. S3l East washington street, yester-
day reported to Judge Carter of the Su-
perior Court. the sale of the stock to Rob-
ert Keller for $685.. The court has not yet
confirmed the sale.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02
3ANK STATuyTENT

State OF Indiana, County OF Marion. SIS.
/, James r. Henry, cashier of the State Bank
OF Indiana, Indianapolis. do solemnly swear that
the above statement is true, as | verify believe.
JAMES r. HENRY, Cashier.
Subscribed and sworn to before me this list day
Of November, 1885,
BERTHA E. WILLIAMS,
TSEAL.l Notary Public