davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
A NEW LEGAL POINT.
1t Is Up for the First Time
in This COunty.

Judge Allen heard argument in the Cir
cult Court on the demurrer filed by the
Cleveland, Cincinnati, Chicago * st. Louis
Railway Company in the suit of Gustav
Fabel. father of George Fabel. who was
killed while in the employ of the defendant
road in Ohio last July. The question ar
gued yesterday is a peculiar one, and prob
ably the first time il has ever come up in
a Marion county court. Under the laws of
Indiana a father can bring suit for the
death of his child, but under the Ohio laws
the suit must be brought by a representa-
tive or administrator of the person killed.
The question argued yesterday is whether
the suit should be tried in Ohio, the place
of action, or in Indiana, the place of pro-
cedure. The demand in the original COM
plant for damages is 5000. Judge Allen
took the matter under advisement.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
wild Duck Shooting.

Hunters of this city are seen daily in
places where guns and ammunition are
sold, making purchases preparatory to a
slaughter of wild ducks. The cool weather
of the last week has brought the ducks
into northern Indiana, and IT will be but
a few days until they get into this section
of the State. Many hunters have gone to
the feeding grounds in the north and are
taking advantage of the first appearance
AS yet only a few signs of the fall luck
season have been noticed, but with a little
lower temperature there will be an album
dance of sport.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
GENERAL WASHINGTON NEWS.
Important Matters Before the Cabinet
Army and Navy Appointments.

WASHINGTON. oct. 4-Although only
four members. Attorney General Knox.
Secretaries Hitchcock and Wilson and
Postmaster General Smith attended to-
days meeting Of the Cabinet. some bust
ness of Importance was discussed.
The attorney general talked over some OF
the pending appointments in his ONCE.
but the only one agreed upon was that OF
James II. McLeary. assistant secretary Of
Porto Rico, TO be justice of the Supreme
Court OF the island. vice Rafael Nieto v
Abielle. resigned.
Postmaster General Smith brought up q
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Notes of the Stage.

The Empire Theater's attraction next
week will be the TOpsy Turvy Burlesquers.
The Oriental Burlesquers will give two per-
formances there to-day.
1t is an entertaining bill that closes the
week of vaudeville at the Grand Opera
House to-day. Louise ThOrndyke BOuc1-
cault will be the leading feature of next
weeks programme.
Louise Valentine plays the part of the
negro boy Mississippi lightly and grace
fully i'm at the Old Cross Roads at the
Park Theater. This is al excellent play
in several ways. The Tide of Life Will
follow il next Monday. Barbara
Frietchie" will he presented at the Park
the last half of next week.
The patrons of English's Opera House
will have entertainment enough next week
TO occupy their minds. but it no doubt will
interest many of them to- know that Will
liam Collier will play o the quiet" there
on two nights of week after next. The
schedule for next week is as follows: I'm
der Two Flags with Blanche Bates, Mon
day. Tuesday and Wednesday nights and
Wednesday afternoon; Mrs. lie MOyne in
18th First Duchess of Marlborough"
Thursday night and Annie Russell in "a
Royal Family" Friday and Saturday nights
and Saturday afternoon.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
HENNESSY HEAVILY FINED.


Yesterday in Police Court James Hen
Messy, who jumped through a window at
the Monarch restaurant, SCATTERING it and
cutting himself badly, was fined $50 and
costs on a charge of malicious trespass and
SO and costs for disturbing the peace. He
was sent to the wOrkhouse. where he has
been several times before, in default of pay
ment.
Goldie Price, a familiar figure on the Po-
lice Court bench. was sent to the work.
house on a fine of $5 and costs for loiter-
ing.
John j. Saul was fined s. and costs and
given sixty days in the workhouse, and
George Woods $40 and costs and 40 days
on charges of petit larceny. Albert Reed,
charged with lettering, vas fined $50 and
costs and sent up for thirty days.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Iron League Election.

The annual meeting Of the member OF
the Iron League was held last night. Over
$50 members of the order were present. The
election Of officers was held and resulted as
follows: President. Benjamin WILSON,: vice
president. Henry SeatOn: financial secre-
tary. Thomas DENNY; recording secretary,
Samuel Dorsey; treasurer, Holman McDon-
aid. Board of directors-Edwin Baxter.
w. Walden, j. r. Walker Henry Clay,
Samuel Smith, James y. Shelton. Louis
Logan. X. H. Harris, J. l.. Francis and
Charles Miller.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Mrs. Cbri.tiana Themes Dead.

Henry Themes. of the Board of Health.
was called TO Wyoming. o.. Thursday night.
by a telegram announcing the sudden death
of his mother, Mrs. Christiana Themes.
Mrs. Themes left Fort Smith. ARK,
with her daughter. Mrs. Kate Vogel. TO
visit her children I'm indianapolis and Gin
cinnati. She started on her return trip
last Sunday, intending to stop a few days
at Wyoming, o., where she died. While
she was I'm Indianapolis she celebrated her
sixtieth birthday anniversary at the home
of her son, Henry Themes. 22O2 North
Capitol avenue.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Three Damage Suits Filed.

Three amage suits for 5000 each for per-
sonal injuries were filed against the Cleve-
land, Cincinnati, Chicago * st. Louis Rail-
way Company yesterday as a result of the
accident at the West-street crossing Sept. 2.
when a train ran into a wagon containing
William NJ. Merriman, Martha Crabb and
William Crabb, demolishing the WACO and
injuring the occupants. The latter are the
plaintiffs in the suits.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

Armin C. Koehne, as county and city
treasurer, filed a notice with Probate Com
missioner Walker yesterday, demanding
that George n. Catterson and Robert T.
Catterson. executors of the estate of James
L. Bradley. deceased. shall appear before
the probate commissioner and show cause
why they should not, as executors of the
Bradley estate, pay taxes amounting to S.
S75.3S due the county and city. The case
will be heard a week from to-day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Bankruptcy Petitions.

Thomas E.. Evers, a pattern maker, of
Milton, Wayne county, yesterday filed a
petition in bankruptcy in the United States
Court. His liabilities are stated at So sos
and his assets at 1926. 80. A petition was
also filed by George ]. Matthias, of Michi-
gan City. His liabilities are 81, OLA. Sc and his
assets $&5. 80.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Grand Jury VIII Investigate.

Prosecutor Rrckelsnaus said yesterday
that he will bring the charge that gambling
is in fun progress IT the Cleveland Club
before the grand jury at the next session.
Frank Fitzgerald and w. S. McAIillen, of
the Board of Safety, who accompanied
Fitzgerald on a tour of the gambling houses
a few days ago. will be called as witnesses
before the grand jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
hnnges at the state Museum.

State Geol6gist Blatchley is hard at work
going over several departments of the State
Museum and ~rearranging their contents.
Yesterday he began on the department de-
OF sorting out all the coins and providing
news labels for them. Each coin will lie
plainly marked with a label showing the
country TO which IL belongs and its denom-
nation, as well as the name OF the person
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

by whom and the date when IL was pre-
scented 10 the museum. The shells will all
be rearranged. those belonging 10 Indiana
being placed in a separate case marked
Indiana shells Prof. Blatchley explained
that specimens are often brought TO him at
times when ne Is too busy TO put chem
away properly and he simply places them
where il is convenient. waiting until he
has leisure 10 straighten them ont.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Compromised for S1.lOO.

The suit of George NJ. Craig against the
city for damages for personal injuries was
compromised yesterday for 81, 100. Craig
was driving in a wagon last February and
his wagon was overturned near Bicking
and High streets by running over a big
rock in the street and he suffered severe
injuries
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
A LESSON IN VALUES.

RyaOLLAR for dollar, pound for pound, there is
ss more in Ivory Soap than in any household
kag@sHH soap. 1t is easy to find a cheap soap; bot
- to find purity and low price in a single soap
is not easy. They combine in Ivory Soap. You
can afford to Use it in the laundry; you can not
afford not to Use it elsewhere. 1t is vegetable-oiI
soap, in the cheapest form in which it can be pro-
cured. You pay nothing for a fancy box, wrapper
or perfume. 1t is all IN the soapl 1t floats.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
LIABILITY for Peculiar Accident

4H
Liability for Peculiar Accident
The use of old barrels that have con-
tanned whisky, oil, etc, for shipping iron is
held not to make the employer liable for
OF a barrel when a match was lighted to
read the number on it'll Lawyers Re-
ports Annotated (Penn.), SSH
French Spoliation Observation-Disclosures
The appropriation OF money for the nav
ment of so-caIled French spoliation claims
by an act of Congress was a mere gratuity.
and payments made from such appropria-
ton were payments as of grace and not of
right, and Congress had the right to make
the gift upon its own terms. Such a claim
does not form a part of the estate of the
original sufferer from the French depreda-
lions. but inures to the benefit OF it. and is
TO be distributed among the next of kin of
the original sufferer living at the time OF
the passage of the act of Congress.-I45 At
lantic Reporter maine, Judge Fogler),
1865
Validity Of Foreign Marriage
a marriage by a Russian Jew in Russia
with his niece. though lawful in Russia.
will not be recognized as valid in Penn
sylvania, where a continuance of the rela-
ton would expose the parties TO indictment
in the criminal courts. The man was a
naturaliZed American citizen, and it was
held, in view of the illegality Of the mar
riage in the United States, that his alleged
wife and child. who are likely to become
public charges, are properly ordered TO be
deported on their arrival at a port In the
~ " INNPOAN CAs CSD.l
Observation-Disclosures
The trademark ''Grape-Nuts.' under
which name a cereal food is sold, is not
infringed by the name "Grape-Hearts," un-
der which a similar food is sold. the latter
name not being so displayed and associated
on the package as TO make IL substantially
identical with the former trade-mark.-[l09
Federal Reporter, S9S.l
-Carriers-Duty to runke Passengers
Where the men in charge Of a freight
train elected a trespasser In a drunken
and helpless condition in a deep cut on a
dark night, and he was run over and killed
by a train which followed, as the men
ejecting him had reason 10 believe that he
would be, the railroad company was liable
for his death. although the place at which
he was elected was the place at which he
entered the train.-IS Southwestern Rep.
kentucky, 5S0.l
-Real-Estate Agents-Commissions.-
Where a real-estate broker prOcures a re-
spOnsible purchaser, who is accepted by
the principal. he is entitled TO his com
missions, and il is no defense in an action
therefor that the principal thereafter be-
came dissatisfied with the purchaser.-Iu
y. Y. Supplement, esq.,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
THE DRAMA.


GRAND-Vaudeville, 2:15 p. m. and sis
D. m.
drama. ? p. m. and 3 p. m.
EMPIRE-Oriental Bu%rlesquers, variety,
2 ID. m. and 5 d. m.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
saloon Sold for $1,000.

The Indiana Trust Company. as admin
istrator of the estate of Fred Zig, sold the
saloon on Virginia avenue yesterday to
John Huegele for s., 200 cash.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
BIGGEST THIS YEAR.
The street Repair Gang Pay Roll fer
Week Reaches SI,J92 20.

The Board of Works allowed the weekly
pay roll for the street-repair gang yester-
day. amounting to S1.592. 20, the highest
amount this fall. II is claimed that Ma
guire. as a member of the Board of Works.
is trying TO influence voters by giving them
positions with the repair gang just before
fhe election.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
CIRCUIT COTRT.


IN't4F ~ -|E~"F ~|oN
Carrie Houston VS.. Hannah Ritchie's Es-
tate. claim. Submitted TO court. Allowed
for S1.5S2. IS and costs.
Frank l.. Smith VS.. Hiram II. HOwland's
Estate: claim. BY agreement claim allowed
for $3.50 and costs.
Leotia Howell Us. James Howell: divorce.
Plaintiff dismisses. Judgment against
plaintiff for costs.
Henry Carney ". John IL. Hunters Es-
tate: claim. Dismissed. Costs paid.
David +. Smith VS.. Lucy A. Stewart ct
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
Respite for Alleged Murderer.

HARRISBURG. Pa. oct. 4.-Governor
Stone to-day ordered a respite for George
w. McMurray. the alleged Erie county
murderer, condemned 10 be hanged on Oct
s. until oct q. The case has no, been dis
posed OF by the board OF pardons.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

Mrs. Austin's Pancake Flour makes love-
~ pancakes, mullins and gems. So good
you always ask for more.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

Eight-Page Colored Supplement- Free
With to-morrow's Sunday Sentinel OF all
newsdealers.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
RECENT LEGAL OPINIONS.

Standardization for Killing Dog
An interesting case was recently decided
by the Supreme Court of Alabama, where
1t was held that a dog Is a species of prop
erty for the injury of which an action at
law may be maintained, and that the own
er of a dog can maintain an action against
a railroad company to recover damages for
the negligent killing of such dog.-ICentral
Law Journal, Sept. 27l
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
THE COURT RECORD.
COIrRT

Room John L. McMaster. Judge.
Charles NJ. Clark VS.. Harry b. Burnett.
TO set aside deed. on trial by court.
Room flames NJ. feathers. Judge.
Dewey vs.. Dugdale; account. On trial by
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

1857. Frank Bird Transfer Company ct
al. VS.. Mary A. Krug. Marion c. c. APP
pellee's motion to advance:
1853. John Tevis VS.. Louis Hammer
smith ct al. etc. Clark c. c. Appellants
reply brief 81
1856. William E. Shilling ct al VS.. State
of Indiana ex rel. Board of Commissioners
of the County of Marion. Marion G. G.
ADpelIants' brief 80
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05

The controller Of the currency to-day
issued a call for a statement of the condl-
ton of all national banks at the close OF
business on Monday, Sept. ~.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-09-18

SHE LAUGHED TILL TIE TEARS RAN.
the other he really didn't like-couldn't
countenance in his own heart. Yet he
managed to tell her that the clock
wasn't ready yet and that he'd call for
it some other day.
81 miss it so much!" she said. like a
grieved child. And he had sudden i'm
pulse to seize her il his arms and kiss
her.
He resisted this temptation and at
last managed to tear himself away. In
the outer hall he met a messenger boy
with package and note. The package
looked strangely familiar. Moreover, it
was purring.
'Is that for Miss Cofin?' he demand
ed.
yes" said the boy. And he exhibit
ed the note, which was addressed in
Marie's hand.
Tyrrell did more thinking in min
ute than he had done before in two
years.
Here's dollar" said he to the boy.
"Walk around the block six times and
then deliver what you have. And keep
num-"
The boy grinned. Tyrrell ran up the
stairs and sounded the bell Of the Cof-
fin apartments.
"Florence." said he when he was
again in her presence. 1--WE come back
to tell you the truth and to swear that
I will never tell you another falsehood
as long as I live. l couldn't go away
from you and leave lie behind, for I
love you, little girl, that's all there is to
it, and"-
eff that's true. Ned" said she, "I'll
forgive oil the lies in the world
Then he took the kiss that he had
wanted before and few others. after
which he related precisely what had
happened in the car. She laughed till
the tears ran down hee cheeks. and
while she was thus pleasantly engaged
the messenger boy arrived with the
clock and this note from Marie Olm-
stead:
Miss Olmstead begs to return to
Miss Coffin this clock. which came into
her hands in a manner that Mr.. Ed
ward Tyrrell will be able to explain.
Miss Olmstead desires to say only that
the alarna went off in the pocket of q
gentleman who was riding in the same
car as herself. He was naturally some
what surprised, but he rightly inferred
that the clock had been put into his
pocket by a person whom he had seen
in conversation with Miss Olmstead.
Supposins that this had been the result
of an accident. the gentleman appealed
to Miss Olmstcad. who agreed to see
that the property was returned. Will
Miss Coffin kindly inform Mr.. Tyrrell
of the facts. as Miss Olmstead will not
see him again:
That sounds as if it had been writ
ten by typewritins machine without
human assistance" said Florence.
Poor girl. I'm sorry for her.
81 feel confouGdedly mean" said Tyr
rell, "and. oh. so happy
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-09-18
= = = = = = y
" - A Tarlgle
- Of :.
~ Love a nd
- m e

~ a wHEN Tyrrell came out of the
jewelers. chop, he carried a
" small package neatly tied
with g red string. He jump
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-09-18
g g = g & e e = e e q e e e

was not groresquely suggestive or the
very subject which he desired to avoid.
81 was detained down town longer
than l expected" he said in dsspera-
ton. .eIt must be nearly o'clock, and
I promised to be home at that time"
He pulled out his watch. 1t lacked
two minutes Of the hour. Tyrrell turn
ed cold, for he suddenly remembered
that the little skull clock had a striking
apparatus. It must be just right, for
the ieweler had set it. Therefore, in
precisely two minutes he would be un-
masked. Surely if the clock should
strike in his pocket there would be no
further use for prevarication.
He cursed himself for saying that he
was going home. Otherwise he might
have made some excuse for leaving the
car. It was a perfect certainty that
Marie would not get out. What was to
be done?
He thrust his hand into his pocket
with mad purpose Of throttling the
clock. He would twist the winding
key until the handspring broke. That
would stop everything.
He gave the key a few turns and
then discovered, to his horror, that he
was winding the alarm. In his proper
senses he would have known that that
key was too small. Why had he not
taken hold Of the knob that set the
hands? He might have turned them
back half a hour and thus ayerted the
striking. Now he dared not do it, for
he had no means Of knowing where the
alarm was set. To turn the hands might
set the noisy little gong a-ringing.
TyrrelHs face was burning despite
the cold drops that gathered literally
on his brow. He glanced again at his
watch. Only 6 few seconds remained.
At that moment the motorman rang his
gong with unusual ferocity. Every
body looked to the front to see what
was the trouble, and while Marie's eyes
were thus turned away Tyrrell hastily
shifted the clock from the right to the
left side pocket.
In doing so he very nearly put it into
the pocket of a man sitting next to him,
and the incident gave him an idea. In
an instant he had acted upon it. The
clcck reposed in the strangers pocket.
''I'll make signs to him in some way"
thought Tyrrell. But the moment was
unfavorable The stranger had half
risen from his seat and was looking to-
ward the front of the car over Tyrrell's
head.
Just then the clock struck. 1t had a
very delicate bell; intervals Of several
seconds separated the strokes. Marie
turned at the sound of the first.
Edward" said she coldly, what is
that:'
Her last word, the second stroke Of
the clocks bell and violent collision
between the electric car and big ex-
press wagon were all coincident. Tyr
rell was thrown against his fair COM
panion with considerable violence, and
there was wild confusion in the car.
Even Tyrrell lost his interest in the
clock for a moment, and the man into
whose pocket it had been put failed to
notice its presence.
All the passengers got upon their feet
as for fight, but it was soon evident
that there was no danger, and they sat
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-09-18

really must speak to him. I can't let
him get away. for it's really quite i'm
portant- You'll excuse me, won't your
He did not wait for her reply. Ten
seconds later he had his hand upon the
arm of the man who had preceded him
out Of the car.
Would you mind giving me my
cIock?" said he.
Giving you your what:" exclaimed
the stranger.
THE clock that put into your over
coat pocket% said Tyrrell you were
sitting beside NE just before the COLI
SION
NO, 1 wasn't sitting beside you just
before anything" said the man sharp
ly. 81 was way down in the corner
Tyrrell glared at him for a moment
and then uttered an awful groan.
"By the jumping gingerbread, it's
true!w he gasped. "My man changed
his seat He's on the car, and it's half
a mile away. This is the end of mev'
Without waiting to explain to the
stranger he started in frantic and fool
ish pursuit Of the car, but block or
two of this mad chase convinced him
Of its futility.
There's only one way out Of it" he
said to himself. Heinrich must get
me another clock just like it"
He made the best Of his way to the
jewelers., and there he told his story.
The jeweler was not sanguine, but he
accepted retaining fee Of $50 and
promised to do his best
Tyrrell went to see Florence. The
dear girl was prettier and brighter than
ever. Somehow she always looked more
attractive just after he had seen Marie.
It was the difference between a live
person and picture; between nature
and art. If only he were not little
afraid Of her!
Singularly enough, lying to her hurt
worse than lying to Marie, though in a
different way. One wasn't right, and
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-09-18
eDsily. fDsily except Sunday.

sUsiiy. TDslly except Sunday.
No. 81 runs through to Columbia via Cen
.eal R. &. of s..
Trains Nos. IS and 80 rua via Wilson and
gsyetteville-Short Line-and make close
connection for all points North.
Trains on G. i D. R. 3. leave Florencs
dailv e1cep. Sunday 9 so N, srrive Darling
:on 20 l5 a ID, Eartsvills 8 l5s m, Chersw
Il 80 N, Wsdeaboro 2 rs m. Leave
Florence daily except Sunday IS n, are
i've Darlington 20 p m, Bennettsvile 9 II
I'm, Gibson 945 p 10. Leave Florence
Sunday only 9 80 a N. arrive Darlington
10 o5 6 N
Leave Gibson daily except Sunday oc
r, Bennettsyille 90 N, arrive Darling
ton's 90 m, ieavs Darlington 80 a N. AZ
rive Florence ID NJ. Leave Wsdesboro
laily except Sunday 90 p N, Cheraw 4:.
N, Hartsville 90 m, Darlington 2s
N, arrive Florence 2 90 p N. Leave Dar-
ingeon Sunday only 8 30 q n, arrive Flo
.nce Is NJ
]. R: KENLEY. JNO. T. DIVINE.
Geo'l Manager. t3enl Sup
q ". EMERSON, Traffic Manager
T. ENERsON. Gen'l Pass Agent