davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
THE SUIT OF a RECEIVER
RECALLS THE AFFAIRS OF JOHN Il.
SULLIVAN, FORMER COUNTY CLERK.
". II. Allen and A. II. Stanton Made
Defendants--1r ag-ReynOIds Case
to he Called Up To-day.

The flight of John f. Sullivan, former
county clerk. was recalled yesterday by the
filing of a complaint by Silas McLain Shep-
ard, who succeeds his father as the receiver
and trustee in the Sullivan defalcation and
insolvency. Receiver Shepard makes Horace
r. Allen. former owner of the surgical in
stitute and his assignee Ambrose p. Stan
ton, defendants. Mr.. Shepard also makes his
mother one of the parties to the suit in
her capacity of administrators of his
fathers estate. The suit against Allen and
his trustee is to recover $2,065 with inter
est, alleged to be due the Sullivan estate.
In the complaint it is set out that Silas Nc
Lain Shepard, father of the complainant
was made receiver and trustee of Sullivans
affairs and that of the funds coming into
his possession as such fiduciary he advanced
various amounts to Allen, which the latter
wrongfully received, knowing them to be
trust funds. At one time in 1898 the trustee
advanced $1,000 at another time $780, again
$3.50 and various other smaller amounts, ac-
cording to the complaint.
The complaint alleges that Ambrose p.
Stanton became the fiduciary under a trust
deed for the benefit of the Sullivan trust,
by the terms of which One-third interest in
the surgical institute became subject to S.
M Shepard, trustee. Fl. r. Allen was to re-
now alleged that Allen and his trustee deny
any obligations to the petitioner and he
asks that they be required to carry out the
agreement.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
THE COURT RECORD.
supreme Court.

1882 Nelson VS. Cottingham. Hamilton
c. &. Affirmed Monks, G. il. A special
finding must be made at the request of one
of the parties otherwise 1t Will be constd-
cred as q general finding. 2. If a judgment
rendered on a special finding should not
conform to the conclusions of law stated
therein, the remedy is by motion to mod
ify the Judgment as to conform to the
conclusions of law; but where the judgment
rendered is in accordance with the conclu-
sions of law stated, error, if any in such
conclusions is not reached by motion TO
modify the judgment, but by exceptions 10
each of such conclusions, and a proper as
signment of error thereon in the court haV
ing jurisdiction Of such cases on appeal. 3.
When d motion is made to render judgment
on a special finding which will not be in
Cordance with the conclusions Of law IL
rendered and the same is Overruled and
judgment rendered in conformity with such
conclusions, even though they may be err
roneous an assignment Of error in this
court that the trial court erred in overrul-
ing said motion for Judgment will not pre-
sent any question for decision. 4. While the
overruling of a motion TO render judgment
on a special finding not in conformity with
the conclusions of law, even though they
may be erroneous, viii not reverse a cause,
Yet II such motion is sustained and final
Judgment rendered according TO the special
finding and contrary 10 the conclusions Of
law, they being erroneous, or II such Judg-
ment is rendered by the court Of its own ac-
cord such action of the court renders harm
less the error in the conclusions Of law.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

Argument was heard by the Supreme
Court yesterday morning, with the excep-
ton of Judge Bowling, who declined TO sit
because he had once been attorney for one
of the parties in the appeal of the American
Trust and Savings Bank, of Chicago, from
judgment declaring mortgage held by
it to be fraudulent The mortgage was
given by the Premier Steel Company to Sc
cure 100000 of its bonds, only $4,000 of
which had been sold. The panic of 1893 de-
stroyed the credit of the steel company,
and not until just before a receiver was APP
pointed was the mortgage recorded~-several
years after it was executed. The interest
on the bonds held by the trust company has
increased its claim against the steel COM
pany to 100000. There were about $500 600
of claims against the steel company VIII
liam H. Coen and Charles w. De PAW
company.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
UNDER THE SURGEONS KNIFE.
Death of Peter Meyer Yesterday at the
City Hospital.

Peter Meyer, a patient at the City Hos
pital, died yesterday afternoon while under
going an operation at the hands of DR..
Sutcliff and the hospital corps The opera
ton was attempted only as a last recourse,
as it was felt the patient would die unless
such steps were taken. The one chance of
saving his life was taken with the consent
of his relatives. The surgeons say that
when brought to the hospital his heart was
dangerously weak. He was also affected
with bronchitis when brought in, rendering
the use of ether as an anaesthetic out of the
question. Chloroform was therefore sub
stituted, the preparations necessarily being
hurried by the extreme urgency of the case.
Before the operation had proceeded to any
length the patient died. He was a cook by
occupation, aged forty-One years, and had
been living at 437 West Washington street
He was separated from his wife, who lived
on Missouri street. The eOroner's investi-
cation will absolve from blame the hospital
officials and operating surgeons.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

Tonight the annual dinner of the Re-
publican Editorial Association will take
place at the Denison Hotel. The twenty-sec-
ond annual meeting of the association will
be held tomorrow. Julian ID. HOgate, of
the Danville Republican, is president of the
association. and A. w. Howard, of the owen
County Journal is the secretary and treas
urer. Papers are to be read by w. II. Ell
lott, Of the New Castle Courier; A. A. Har-
Maddox, of the Bloomfield News; +. T..
Singleton of the Martinsville Republican;
NJ w. Pershing. of the Upton Advocate;
Frank W. Willis, of the Waterloo Press ;
W. b. Campbell. of the Anderson Herald.
and ]. w. Walker, Of the Noblesville
Ledger
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
CoIored BOYS Arrested.

Henry Woods and Ernest Hubbard, aged,
respectively, sixteen and twelve years both
colored, were brought in by Bicycle Patrol
men Schroeder, Houser and Helm yester-
day afternoon and charged with petit lar
ceny The diversity of their tastes is appar-
ent in the articles they are accused of steal
ing. 1t is claimed they went to the home of
Mrs. Deckenbach, 2043 Park avenue yester-
day and stole a gallon of ice cream and
from there went to shoe shop at Nine
teenth street and College avenue. where a
pair of shoes was appropriated. The police
allege that these are two of the gang of
four who made such frequent raids on the
ice boxes of their neighbors last summer
and who aroused much complaint from
they have the names of the other two.
Woods lives on Arsenal avenue and Hub
bard at 1915 Yandes street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
DEATH OF MISS M'LEAN.
She Had Been Identified with the Gull
ture and Refinement of the City.

Miss Mary Ann Mclean died yesterday
morning at her home on North Illinois
street, of the grip and complications. With
her death passed a woman who has made
marked impression on the culture of this
city. Miss Mclean was seventy-nine years
of age and came here from Gettysburg, Pa.
when young woman to join her father in
the conduct of school for girls. which was
known as the Mclean Seminary. The
school occupied the site Of the present Me-
ridian-street Church. 1t numbered among
its pupils many of the girls of the city who
are now well known women. Miss Margaret
Mclean, o sister, was also associated with
the school, and later was married to Prof.
Charles NJ. Todd, one of the teachers in the
school, The late Silas T. Bowen was also
an instructor in the academy. Miss Mary
Ann, as she was called had charge of the
boarding department and was the disciplin-
arian. She was well cultured, well born and
belonged to the true aristocracy. The Nc
Leans were thoroughly conversant with all
state questions and kept up their interest
IN the fairs of the world. aud had numerous
friends who We're devoted TO them. At the
death of DR. Mclean Mr.. Todd went into
the book business with Jesse ID. Carmichael
and the two sisters retired from their life
of teaching. Since the death of Mr.. Todd,
I'm 1887, the two old ladies have made their
home IN little cottage on North Illinois
street, just above Eleventh, where they
lived carefully on their small income, left
them bv Mr. Todd Their serenity was n
benadiefion and their life in fbe noynYn,1nity
was one of inestimable value Both Miss
Mclean and Mrs. Todd, the latter now
eighty-fouf years of age were i'll of the
grip at the same time, and it is not expected
that Mrs TODD will long survive her sister
Both have been members of the Tabernacle
Church. and have been arhiters in many
church affairs. They maintained active in
terest I'm church work. and until very re-
Gently they visited the sick and afflicted and
aferFN T>4.a
and giving 10 the utmost OF their ability
Their life has been a victory and a lesson.
Their tiny. neatly kept home has been a
haven and their ears and hearts have held
many sorrows Of their friends There are
no near relatives Mss Mclean will be
buried at Gettysburg. Pa, in the family lot
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
CONCLUDED ITS WORK
EFFORTS OF THE YALE MISSIONARY
BAND NET WITH GOOD RESULTS.
Substantial Sums Subscribed for the
Work AbrOad--DenOminatiO
Meetings Last Night.

Last night the meetings of the Yale Mis-
sionary Band were concluded with denom-
national meetings in various churches, at
some Of which very definite results were
observed as an outcome of the efforts of the
band. AT the First Presbyterian Church,
where the meeting was conducted by A. B.
Williams, the societies present pledged
themselves to the support of three mission
aries. Beside this about $1,000 more was
pledged to the missionary work this year
than has ever been given before by the
Presbyterian societies.
Brownell Gage conducted the meetings
at the Central Christian Church, where the
societies present pledged themselves to sup
port a missionary and his wife in India who
formerly lived here. AT the Maynower Con-
gregatiOnal Church j. l.. Thurston presided
and G. b. Vickery conducted the meeting at
Roberts Park NJ e. Church Both these
meetings were most successful. The MEM
bers of the band and the local committees
We're last night very much delighted with
the definite results manifest. At the First
Baptist Church Miss Ella d. MacLaurin, of
the Baptist Missionary Union and ID. b.
Eddy, of the band, were the speakers Miss
MacLaurin is particularly interested in
founding q manual training school on the
east coast of India, in the district over
which DIR. Clough one of the most prom
inent of the Baptist missionaries, is placed.
Hides are shipped from this district to
England, there converted into shoes and
then sent back and sold to the natives. 1t
is the purpose to teach such industries as
the proper tanning of leather in the school.
To found it about $4,000 will be required
and Miss MacL.aurin has undertaken the
task of raising it. Over half the amount
has been raised already Last night about
$3.50 was pledged. DR.. Clough is so inter-
ested in the school that out of his meager
salary of 1850 a year he has pledged him.
self to take shares to the extent of $1,000
At the meeting at the First Baptist Church
last night one society announced it had de-
cided to support its own missionary and
there were limitations that others would
do likewise
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

Detective Stanton, of Cleveland. O., ar
rived yesterday to take back with him Will
liam Wallace and Joseph Danko. prisoners,
arrested by the indianapolis police. who are
wanted in Cleveland. He had the proper
papers and anticipated no difficulty in Sc
curing his men. Wallace is accused Of
swindling an Insurance company IN Cleye-
land out Of $500 and was arrested here on
account OF an alleged attempt TO borrow
SgeeQ on fraudulent mortgages DankO Is
the man arrested a few days ago az the
malleable iron works in Haughvllle by De-
tectiVes Gerber and Morgan. He Is
charged with stabblng a Hebrew peddler in
Cleveland two years ago. an indictment
hanging over him there ever since.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

1925 Union. etc. Loan Assn. vs. HeIberg.
Lake s. c. Petition for rehearing over
Appellate Court.
2707. Austin Manufacturing Co. vs.. Glen
denning. Jefferson c. c. Reversed.
motion to set aside service of process
should be copied in full in the bill of eX-
cepttons and not by a mere here insert
in order TO present them in testing the rul-
ing of the court on such motion, although
such affidavits may appear at another place
in the transcript 2. One who agrees that
after trial or test of purchased article
wherein it is deficient in certain capacity.
upon which its price is regulated, ii shall
be received back by the seller and the con-
tract Cancelled, the purchaser cannot of
himself determine that such condition is an
1mmaterlal part of the contract ana de-
mand damages for the inferiority of the
article retained by him, without complying
with the contract as far as ne can.
2651. Huffman vs.. The State. Blackford
G. g. Affirmed Wiley. il. BY failure
to discuss an affidavit upon which a prose
cutiOn is based any question as to its suftl-
cheney is waived. 2 In a criminal cause
new trial is that the verdict was not suS-
tanned by the evidence such reason for
new trial does not come within the statute
and presents no question on appeal for re-
view 3. The owner of lands abutting upon
a public highway has such a proprietary
right in the highway to the center thereof
that he may notify and direct one who is
unlawfully upon such part of the highway
TO depart and the refusal and failure of
SuCil pSISOI 10 uSDdIL upon SucH IOltCG
renders him liable to prosecution for tres
pass.
1908. Anderson VS.. Anderson. Clinton c.
G. Dismissed.
Superior Court.
Room ii l.. McMaster, Judge.
Emma z. Schroyer VS.. City of Indian
apohs damages. On trial by jury.
Joseph Beraner VS.. Barbara Deitz; fore
closure. Dismissed and costs paid.
Room flames NJ. Leathers Judge.
Edward f. Brown VS.. Citizens Street.
railroad Company; damages Jury finds for
plaintiff for $1,COC
Marcus l.. Hare VS.. George Wolf; dam
ages. On trial by jury
Room 3-Vinson Carter Judge.
Guarantee Saving and Investment Asso-
citation VS.. Newman Atkinson ct al; fore
closure. Dismissed by agreement.
Arthur Beard vs. Indianapolis Gas Com
gument being heard; jury retired
Criminal Court.
State VS.. Belle franklin petit larceny.
Fine and workhouse sentence RENTED.
New Suits Filed.
John William Beverley VS. Minnie Bever-
ley; divorce. Room 2.
Addison n. NOrdyke VS.. Charles Is. Nc
Cray ct al; on judgment. Room g.
Samuel s. Rhodes vs.. Sarah J. Wallace
ct al; to quiet title. Circuit Court
Clemie Wall VS.. Charles Wall; divorce.
Room /.
W I. Ripley VS.. Thomas L. Kaine; fore
closure Room g
Silas McLain Shepard, receiver, VS.. Horace
r. Allen ct al; to recover trust funds. Cir
cult Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
FIoridn PhiIIins,s TrinI.

Florida Phillips, colored charged with the
murder of Morris Stroder was to have been
placed on trial in the Criminal Court yes
terday, but the case was continued until
next Monday because DR.. Kistner, of the
City Hospital one of the witnesses, is look
ing after the smallpox cases a the pest
house. Morris Stroder was found by the
police suffering with a gunshot wound and
was removed to the City Hospital where he
died. Until his death he maintained that
he was accidentally shot while hunting, but
his alleged companion on the hunting trip
denied the dead mans story, saying that
the shooting was done by the Phillips
woman
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

The Marion Club dance, which takes place
at Tomlinson Hall, Tuesday evening. Feb.
IA. will surpass any of the clubs previous
efforts The method the club pursues in is
suing invitations is very strict Each mem
Der is sent a blank upon which to place six
names. This he returns to the entertainment
committee, which reserves the right to
strike off all Objectionable ones. These
blanks are filed away, 50 that each member
can be held responsible for those he invites.
The entertainment committee has had a
decorator engaged for a month working on
designs. Tickets can be procured on presen-
tation of invitation at Big Four ticket office,
clubhouse or entertainment committee.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

e. f. Schroyer is the plaintiff in a case
on trial by jury in the Superior Court be-
fore Judge McMaster, in which the city of
Indianapolis is the defendant in a demand
for $1,000 on account of damages done to the
plaintiffs house and business by high water
The plaintiff resided on Fletcher avenue and
in the high water of 1898 and 1895 he suf-
fered considerable damage. The contention
of attorneys is that the city was responsible
by it's failure to guard against such over
flows by proper sewers
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Next wecl... .Bike" Races.

Next week the greatest rivals for honors
among the women riders will contest in the
night race to be held in Tomlinson Hall,
beginning Monday night Anderson, CLAW
and Farnsworth are more bitter rivals than
Bald and Cooper and these three young
women. with Wagner and Allen, viii prob
ably put UP the most exciting race ever seen
in this city Workmen will begin on Sun
day the const. uction of the saucer-shaped
track
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Krag-ReynoIds litigation.

The litigation growing out of the assign
ment of the Krag-Reynolds Grocery Com
pany over year ago, will come up this
morning in Room 8, Superior Court. The liti-
cation was originally in Room 2, but on ac-
count of Judge feathers having interests
in the case while a member of the law firm
of Hoffman 81 Leathers, it was transferred
to Judge Carriers room. The case will come
up to-day on the petition of Assignee
Reagan to set aside the mortgages executed
by the firm about the time of the assign
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Petitions in BanIkruntcy.

Joseph Mayer, a merchant of this city,
filed voluntary petition in bankruptcy with
the clerk of the Federal Court yesterday,
showing that the claims against him amount
to ST ,921. 81 and his assets, besides his stock
of goods, consist of $50 worth of wearing
apparel.
Other bankrupt petitions filed were:
DR.. Francis NJ Albeit, city, liabilities, $4,-
OS0; assets, 1919.
Thomas Garrison, Huntsville, liabilities,
81, 344.50; assets, $50
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Mr.. TAGGART'S SEARCH DONE.
He VIII Start Home from New Orleans
This Morning.

1--WE have just arrived, but have nothing
new to report. Start home in morning. All
well''
Mrs. Taggart received the above telegram
from her husband last night from New Or
leans.
Lodge No Z, Knights of PytEias, appoint
ed George w. Powell f. L. Daugherty, w.
II. Doll, VIM. B. Morris and Frank A.
Blanchard a committee to draft resolutions
of sympathy for Mr.. Taggart and his fam
ilv.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
State q. a. r.. Encnmpment.

Assistant Adjutant General Smock, G. A.
r., has called a meeting for tomorrow night
of the Terre Haute committee having IN
charge the preparations for the State G. A.
r. Encampment TO be held there in May.
AT the meeting the exact date will be set
and final arrangements made. so that the
committee may proceed with its work. Capt.
w. II. Armstrong. OF the national board,
viii so TO Terre Haute TO attend the meet
ing
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
solomon Aliens win.

Asbury G. Allen was yesterday appointed
administrator of the estate of his father,
Solomon Allen, whose will was probated. BY
it's term the administrator and his mother
his life.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Concert nt German House.

An interesting programme will be given at
the concert of the Musikverein this even
ing to the members of the Musikverein and
German Club. The most important work
will be the rhapsode The Gypsies" which
includes solos and concerted numbers. The
entire concert will be under the direction
Of Mr.. Ernestinoff and the complete pro-
gramme is:
Overture-Robespierr $3.50. .........Litolff
Orchestra
(a) Da die Stunde kan. ................. Menge
(b) FruhlinSklag ........ ................h relpI
MaennerchOr.
Funeral March-Saint Francis. .........T inel
Orchestra.
Mignon-Alra ............. ............... .LlSzt
Mrs. Bernhard Vonnegut
Phaeton ACKNOWLEDGEMENTS. -SaenS
Orchestra.
Huete dich ACKNOWLEDGEMENTS. .Dregert
Mixed Chorus.
Miss Lulu Fischer, Miss Clara Becker, Mr..
Hy Rauh. Mr. G. A. Schnun Mr.. John
Mccullough, Mr.. Frank Mas.
Mixed Chorus and Orchestra.
''The Gypsies '-RhapsOdie in Songs.
............ .............By julius Becker
1. "Gypsies' Life" Q Fortune Telling"
g. Song A. Nights Rest ).
Cradle Song" 6. Funeral Song" Z.
Mrs. K. Matzke Mrs. G. A. schnull. Mr..
Rauh, Mr. Oliver Isensee.
Mixed Chorus and Orchestra.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
wegman pianos. carIln 8 Lenno1. 2. AIkt. St.

There is not a headache in dozen OF Cook s
Imperial Champagne. It's extra dry, bouquet
fine Record, half century.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

Gray iron castings, Ellis & Helfenberger.
Phone 95S. 366 S. Senate avenue.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
PIANOS
At
Factory Prices.

It will pay you to examine our Pianos
and get our prices and terms. As we mani
ufacture all of our Pianos, we can, i'll SELL
ing you one, save you the middleman's
profit, giving you the benefit of buying
direct. We are in a position to satisfy any
one DESTROYS of purchasing Piano. all we
ask is thorough inspection of our instru-
ments, prices and terms.
D. II. BALDWIN & CO.
45, A5& A7 North Pennsylvania.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Spring style Hats, 1890!
At Seaton's Hat Store.

Insure with German Fire Insurance of In
diana. General offices, 20 South Delaware
street Fire, tornado and explosion.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
Feed your horse JANEgs Dustless Oats.

Fine Cameron Pianos at wulschner's.