davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
MUST SEPARATE COMPLAINTS.
Judge Bakers Ruling i'm the Suit of
David w. Jennings.

Judge Baker, of the United States Court
yesterday made an important ruling in the
suit of David w. Jennings against Eli
Menaugh and twenty-eght others. This
is the suit brought by Attorney w. v.
Rocker against citizens of Salem, Ind, al
leging conspiracy on the part of the de-
PENDANTS to accomplish the downfall and
ruin of David w. Jennings.
The court sustains the motion of the de-
PENDANTS TO require the plaintiff to separate
his complaint into paragraphs. This means
that the different charges will have 10 be
separated. each charge and all that relates
TO il being put in a separate paragraph.
The court gives the plaintiff twenty days
in which TO file a bill of exceptions. The
conspiracy itself" says the court i'm it's
ruling. constitutes no cause of action.
The sole cause OF action stated in the COM
plant consists of the wrongs done by the
defendants in violation of the plaintiff 5
rights. The complaint must. therefore, be
treated, for the purpose of the present mo-
ton, as though there was no charge of con-
spiracy contained in it. and thus considered
IL is apparent that Ii contains a. least ten
separate and distinct causes of action"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

ty-second day November term. Appeal
dismissed
s7ls. p, G, c. & St. L. Railway Com
tor. Reply brief for appellant. Appellee's
points on oral argument.
334l The Prudential Insurance Company
of America W.. Mary X. Sullivan. APP
pellant's additional authority CD
S6ll. William r. Reynolds vs.. Esther l..
Pierson ct al Petition 10 file brief granted.
1928. Frank Smalwood. minor, VS.. Bed
ford Quarries Company. Appeilee's brief
$3.50. The Southern Indiana Railway Com
pany VS.. Mary Moore. Appellants brief
81
800. The Bedford Quarries Company Va.
Henry Thomas Appellants brief (S)
SUPERIOR COURT.
Room John L. McMaster. Judge.
Peter Boone VS.. Indianapolis Street
railway Company; damages. On trial by
jury.
Theodore p Davis. Special Judge
Martha E. Landers VS.. State Bank of In
diana; damages. Jury returned verdict Tor
plaintiff and assess her damages at 81
5S1.SS and costs.
Room flames NJ. feathers. Judge.
Laura Hockett VS. Indianapolis Street.
railway Company; damages. jury returns
verdict Cor defendant.
count. On trial by court.
Room 3-Vinson Carter Judge.
Thomas Cation VS.. j. Il. Orman * Co. ct
al appeal Jury return verdict for de-
PENDANT. Judgment against plaintin Tor
costs.
John NJ. Sullivan VS.. volney T. Malott.
Receiver, ct al; damages On trial by jury.
CIRCUIT COURT
Henry Clay Allen, Judge.
Edgar " Beawing VS.. Becthor Beawing-
Dismissed for want Of prosecution. Judg-
ment against defendant for costs.
Lulu Colbert VS.. Joseph +. Colbert. De-
PENDANT defaulted. Submitted 10 court.
Finding for plaintiff. Decree Of divorce.
Judgment against defendant for costs.
CRIMINAL COURT.
Fremont Afford. Judge.
Grand jury reports. Returns four indict-
ments
NEW SUITS FILED.
Edwin Patterson VS.. Charles w Nor
bach; damages. Demand. $1,000 Superior
Court. Room l.
Sheffield IA. Wright VS. Henry Coburn
ct al; complaint for satisfaction OF me-
chancs lien and damages. Superior Court.
Room 2,
John +. Moore VS.. Conrad Drant ct al:
damages. Demand, $4,000. Superior Court.
Room 3
Alfred III. Vance VS.. Louis II. Woln ct
al; on judgment. Superior Court Room 2.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

'Nobodys Claim" the melodrama to be
presented at the Park Theater the first
half of next week commencing Monday
afternoon, has thrilling snowstorm a
realistic fire scene and a highly sensational
railroad eject The piece will be given with
SPECIAL scenery and mechanical effects by
the Holden Bros. Dramatic Company.
XXX
In addition TO the splendid scenic equip
ment. the many supernumeraries carried
and the great supporting company. the
Goodwin revival OF THE Merchant OF
Venice" at English's next Wednesday night
Vii be under the personal direction of Ben
Teal, who staged ben Hur." and the music
Will be conducted by Frederick Ecke. con-
cert master of the Metropolitan Opcra
House, New York. The seat sale opens this
morning at o'clock.
The attendance at the Grand this after
noon should be as large as that Of any
performance the current season. since. in
addition to the fine vaudeville programme.
all women I'm the audience will receive a
souvenirs beautiful boxes OF bonbons. Jules
Levy, the cornet virtuoso. Ralph Johnson.
expert bieyclist. and Mr.. Simns and Miss
Angeles. farcical entertainers, still continue
prime favorites with Grand audiences.
The engagement of Ferris's comedians
at the Park Theater is rapidly drawing
10 close Just four more performances
remain. This organization has establishtd
itself firmly in the favor OF Park patrons;
by Its excellent productions OF popular
plays. The bill viii be changed this after
noon tor the second time during the en-
gagement The StOWaway" viii be pre-
sented this afternoon and tonight and at
to-morrows two performances
May Irwin has a thorough knowledge Of
ftage effect and a keen intuition of the
wants OF an audience. but beyond an else
she Is worker OF indefatigable energy.
She leaves nothing 10 chance and from
the time she made her first appearance ON
the stage she has believed in but one thin
hard and conscientious work The trlti
OF these statements viii be patent 10 ali
who see Miss Irwin in her new farce.
Madge Smith. Attorney at English :
Opera House next Tuesday night
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

having it several days. applied al the ticket
office of the company in this city to have
the return check stamped. He ayers that
the agent refused to stamp the ticket, al
though he procured several witnesses to
identify him. IL is said Sullivan then went
to the depot and had his baggage checked
to Terre Haute on a ticket Then he tried
to go through the gates leading to the
tracks at the Union Station, but was pre-
vented because his return check was not
stamped. He alleges that he had grips in
either hand, and that he was forciby
pushed away from the gate and scoded in
an unbecoming manner. He AYERS that he
was pushed down, and in falling injured his
back. On account of his physical injuries
and the humiliation he says he underwent
by receiving such treatment in a crowd he
asks for damages.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
HOT WEATHER RECREATI0NS.
street-Car Company Arranging TOR
Fairvicw Park Attractions.

w. +. Miholland secretary OF the Indian
apolis Street-raiway Company, is busily
engaged these days In trying 10 secure at
fractions for Fairview Park this summer.
Mr.. Milholand is very particular as TO the
kind OF attractions that shall have privf-
leges at the park controlled by the street.
car company. lie says that ne Is deluged
With offers, but SO far he has not come
across any that appear to him worthy Of
consideration.
Il visited the park at noon to-day he
said last night, and never saw the place
look more beautiful. We have more flowers
than ever before, and the park generally il
Ia ideal condition. The boats on the canal
are Of the best 10 be- obtained. There H. a
nne shooting gallery and a good photo
graph gallery. The lawn tennis courts OF
which we have two splendid ones. are be-
lns Cleaned up and put In shape 10 bc used.
There are also tow baseball diamonds but
we will not allow baseball 10 be played on
sunday. IL draws crowds OF undesirable
people, like the Boo and Bungaloo gangs,
for example We propose 10 nave decent.
orderly people or none ar ali al he park ("
Mr.. Milholland said Fairview would be
formally opened May ~. when afternoon
and evening concerts will be given bv me
indianapolis Military Band. In three weeks
novelty in the form Of an electric piano.
one OF the latest musical Inventions viii
be In place at the park. II the Indian VII
lage makes "a hit at Broad Ripple tho
street-car company will probably engage II
Tor Fairview. The soda water and ice
cream that will be- dispensed 20 people AZ
the park this summer viii be OF quite dir
ferent quality than that sold IN previous
seasons. I'VE are going 20 have soda and
ice cream that viii make people want
more when they buy any of IL" said Mr.
Mholland Lunches. but not meals VIII
be served In the pavilion.
The secretary Is considering the advlsa-
bilty OF putting In "A vaudeville thcater az
the park, but nothing definite has been de-
cided on this point. II the right kind OF
specialties can be secured the company VIII
likely give its patrons a little vaudeville az
odd times through the summer months.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
EXECUTIVE CLEMENCY.


Riley Redman. a convict in the state pris-
on, sent from Clinton county. in December.
1900. for two TO twenty-one years. on plea
of guilty to charge Of manslaughter' has
had his minimum sentence commuted Dy
Governor Durbin and the man will prob
ably be released by the prison board at It's
next meeting.
Howard McCaughey, sent to the Jeffer-
sonville Reformatory, from Huntington
county. in January. 1900. 10 serve from
three to fourteen years, has had his mini
mum sentence committed TO eighteen
months. thus giving the Reformatory board
an opportunity to parole the prisoner at an
early date IL il sees fit TO do so. The action
in these two cases was taken by the Gov
ernor IL is understood, in conformity to
an opinion recently by Attorney General
Taylor. stating that he has power 10 re-
duce minimum sentences under the indeter-
inmate sentence law.
William Hilker, who has been in Jail in
Fort Wayne ever since Dec. 30, 1899, serv-
ing sentence of six months and fine of
$500. has been granted relief from the un-
satisfied portion of his fine, in order that
he may return to the support Of his chill
dTen.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
CHOPPED WITH A RAZOR
JASPER BRADY NEARLY LOST HIS
LIFE IN A FIGHT.
James Mclaughlin Indicted by the
Grand Jury for the Work
Other Cases in the Courts.

The grand jury made partial report yes
terday returning four indictments. James
Mclaughlin was indicted on a charge of
assault and battery with intent TO kill Jas
per Brady. McLaughlin attended dance
at Phoenix Hall, where he had trouble with
a man wearing a light hat. He and his
brother took a couple of women home, and
on their way back to the hall met Brady
at Georgia and Illinois streets. Brady wore
a light hat, and. mistaking him for the
man with whom they had had trouble at
the hall. Taylor Mclaughlin attacked
Brady and knocked him down. 1t is said
that James Mclaughlin then drew razor
and began cutting Brady in the face. Brady
fell to the ground and begged for mercy.
A crowd was attracted. but none dared
interfere, as Mclaughlin threatened their
lives. Brady then made his way into the
Stubbins Hotel and sank into a chair ex-
hausted. 1t is said by witnesses that Nc
Laughlin followed Brady into the hotel and
kicked him in the face and cut him several
times more with his razor. Taylor Nc
Laughlin was sent TO the workhouse on a
charge of assault and battery.
Theodore King was indicted on a charge
of petit larceny He is charged with steal
ing brass faucets from Edward Bassett
Charles Hector and John Brown were in
dicted on a charge of petit larceny and
robbery. They are the men who are SAID
TO have held up John jacob. saloon
keeper at $50 South Pennsylvania street,
and robbed him of $3.50.
Martha Carter. seventeen years old, was
indicted on a charge of petit larceny she
is charged with stealing 70 from her grand
mother who keeps a confectionery and
bakery at 100 North Illinois street. she
pleaded guilty before Judge Afford ana
will be brought before the court this morn
ing to receive sentence. The grandmother
saws the girls downfall is due TO the habit
of young men coming into the bakery,
where she worked. and talking TO her.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
SUPREME COURTS ACTION.


In refusing the petitioner for leave to
amend the transcript in the case of Samuel
Trittipo VS.. Albert Trittipo, from the Ham
ilton Circuit Court, the Supreme Court yes
terday virtually declared its unwillingness
10 allow the Legislature TO interfere with
it's method of procedure. The Trittipo APP
peal was filed under an act of 1899 which
gave permission TO use the long-hand re-
port Of evidence in case in the lower
court on appeal in lieu of a formal bill OF
exceptions The court held that statute
invalid and in order TO relieve appellants
from having their cases dismissed, the last
Legislature enaGae rfeet, aleu- &; , hiobn
court may be withdrawn from the tram
script, inserted in formal bin Of excep-
lions and again put into the transcript
The Trittipo petition was for leave 10 do
this but the Supreme Court refused to al
low such a procedure. No formal opinion
vas filed by the court, but il is understood
that the judges hold to the opinion that the
court is the custodian of its own records
and that the Legislature has no power To
inject into transcripts something that came
into existence long after the appeals were
fled
In affirming the case of Merrill c. Mead
and others against BENJAMIN r. Burk and
others, yesterday. the supreme Court sane
toned the appointment of a receiver for
the electric light plant at Marion. Ind.
Mead and his associates entered into
contract 10 sell the plant 10 Burk and
others for $4,000 cash and $3.50 IN stock.
for the purpose OF reorganizing the COM
pany. and afterwards sought TO repudiate
the contract because they found that the
Burk people would hold controlling inter-
est I'm the company. receiver was ap-
pointed and the Mead people sought TO have
him ousted.
The Appellate Court held. in an opinion
afirming the case OF Josie f. Williams
against the city OF Indiana polls. that city
Is not liable TO a nonpaying inmate of its
hospital for injuries sustained through NAL
practice OF one of the internes in the hos
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

short talks were made by Mrs. Ida Bassett
Miss Howe, Mrs. Hoss, Mrs. Gregg and
Mrs. Liebtag, who have charge of the
Flower Mission work in the surburbs. Miss
Julia Harrison Moore read a paper on
Finance" She spoke of the great need of
funds to carry on a work which grows even
faster than the city and OF the new method
which the society will adopt. that of Sc
curing larger membership at 81 each. The
members have been supplied with books
for memberships and subscriptions. Miss
Moore said the need TO carry on the Flow
er Mission and hospital will be between
$4,000 and $1,000.
The programme closed with a delightful
story "Sam-Her Bruther," by Miss kath-
crime Layman. After the meeting there
were refreshments, number OF young
women assisting in serving.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
JUDGMENT FOR S4.5S7.SS.
Mrs. Martha f.. Lnnders Wins Her
Suit in the Superior Court.

Theodore p. Davis, who acted as special
judge in Room | of the Superior Court, to
hear the case of Martha. T.. Landers against
the State Bank Of Indiana for damages.
yesterday gave his decision in the case
Mrs. Landers charged that the bank took
about 100 head of cattle belonging TO her TO
satisfy a chattel mortgage held against
her husband. She acknowledged the amount
of tho judgment, but asked that the diff
ference between the price for which the
cattle were sold and the amount of the
judgment be allowed her. Judge Davis de-
cided in her favor and gave her judgment
against the bank for S4.5S7.SS.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
THE COURT RECORD.
SUPREME COURT

1906 Mead VS.. Burk Grant s. c. AZ
firmed. Jordan. il. Where the owners of
an electric light plant contracted 10 sell
the same for a valid consideration. and
the purchaser has complied with the
terms OF the contract of purchase. and
the owner refuses 10 make the transfer as
agreed IL is within the discretion of the
court 10 appoint a receiver pefidente lite
where IL is shown that the property is IN
danger OF loss or injury from the neglect
or misconduct of the defendants. ? The
exercise OF the discretion In the appoint
ment OF a receiver pendente lite Is SUBJ
3. 1t is not essential to the appointment OF
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

Judge Allen yesterday heard the divorce
suit Of Ivah Husizer against her husband,
DIR. Elmer +. Hulsizer. formerly physi-
clan of Clermont. this county. She AYERS
that he abandoned her and went to live
with another woman. She says that be-
fore he left her he would absent himself
from home on the pretext of making pro-
fessonal calls, and treated her coldly on
one occasion, she says, she followed him
and learned that a Mrs. Brown and her
husband were in the habit of meeting She
said she followed Mrs. Brown home, and
afterward saw her husband enter, by peep
ing under a window blind, and saw him
embrace the woman and heard them kiss.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
A PECULIAR SUIT.
Sheffield III. Wright Wants to satisfy
Mechanics Lien Record.

Sheffield H. Wright yesterday filed suit
against the Henry Coburn Lumber Com
pany to satisfy a mechanics lien record in
the recorders office. The lumber company
fled a mechanics lien on a lot owned by
Wright for s175 for payment for material
and labor furnished to erect a greenhouse.
built by f. l.. Auginbaugh. Wright AYERS
that Aughnbaugh never built a green
house for him, and that the company had
no claim whatever his property. He
says he had a chance TO sell the lot but
the purchaser refused to buy because the
satisfy the record 10 show that there is no
srch lien against the property. and by be-
ing kept from selling the property he says
he has been damaged 500.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
In the Probate Court.

The will of Frank j. Smith, probated yes
terday, leaves house and lot in Indian
apolis, including his furniture, to his wife;
$3.50 10 his adopted daughter. Kittie S.
Smith. and property in Muncle. that was
formerly their home, TO his sister, Clara Il.
Smith.
The will of Philander E. Phillips leaves
all OF his estate to his wife, Elizabeth Phil
lips.
Walter B. Silvers was appointed guardian
Of Dwight w. Silvers. and gave a bond of
5000.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
Mrs. Curry Sues in Cass County.

Mrs. Ella Curry, of this city. yesterday,
through her attorneys, William T. Brown.
of indianapolis, and Nelson q Myers, of
Logansport. filed a suit in Cass county
against the city of Logansport, demanding
$4,000 damages for injuries received on May
Z, 1890, by falling on a defective sidewalk.
She alleges that since that time she has
been permanently disabled, her left Shout
der being paralyzed : a result. Mrs. Curry
at the time of the accident a can
vasser and was working in Logansport.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
Alfred III. Vance'S Suit.

Alfred II Vance yesterday filed suit
against Louis II. and Winfred Wolff to
subject real estate they own in this city to
pay a judgment for $3.50 secured in the
courts of Shawnee county, Kansas. He
alleges that before the judgment was Sc
cured Wolff came into possession of $500
and purchased property at 1903 North Della
ware street. i'm this city. for 5000, by exc
cutting a mortgage the property for
$1,000. He AYERS that Wolff then transferred
the property into his wife's name in order
that the judgment might not be collected.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
Strawberries in shallow Boxes.

A motion was filed in the Criminal Court
yesterday, to auash the affidavit against
Jacob Marks, convicted in Police Court on
a charge of selling strawberries in short
measure boxes. The motion says that the
affidavit does not state that Marks know
ingly' sold the shallow boxes and per-
mitted them TO be resOld.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
sCOLDED AND PUSHED.
Allegations Made by James VI. suIli-
van I'm Damage Suit.

The suit of James NJ Sullivan. a news
paper man OF Columbus. O.. against Vol
ney T. Malott, receiver of the Evansville &
Terre Haute Railway Company. and the
Union Railway Company for 5000 was yes
terday on trial before Judge Carter. Suli-
van alleges that he bought a return ticket
at Terre Haute at reduced rates, and, after
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
Naming of Election inspectors.

The question OF appointing election M
speetors for the city election is agitating
the minds OF some OF the leaders OF both
PARTIES. II has been proposed that the
inspectors be appointed by motion in the
City Council which would, OF course be
done by the Republicans. city Attorney
Bel says be has some doubt as 20 whether
the inspectors can be appointed by motion.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

Albert : Comstock. OF 1872 North Me-
ridian street. president OF the Comstock a
Coonse Company, manufacturers OF pumps
IL III al his home OF heart disease. AMI his
condition l. thought by some 10 be dan
gerous His physician yesterday morning
however, expressed himself hopefully Mr.
Comstock A. seventy wears OF are ana Tor
about two years has suffered from heart
disease. Since Jan. 1 ne has been Able
70 get about but little.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

It is held that If the inspectors ap
pointed by motion the mayors signature
will not be necessary.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

The programme was interspersed with
music. Mrs. James NJ. feathers sang a
couple of delightful selections and Mrs.
George Edwin Hunt sang Where Blooms
the Rose by Clayton Johns. and Up TO
Her Chamber Window" by Arthur Footc.
Miss Matte Stewart, who has been a hos
pital visitor tor several years. read a
paoer on City Hospital Visitor" and
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10

$3.50. John Il. Dugan VS.. Nancy Sipe. Ap-
pellant's dismissal. One hundred and for
The Washington times., 1901-09-10
PERSONAL.

Charles w. Stack, regent Of the Uni
versity of California, has declined to run
for Mayor of San Francisco because he
is too poor.
Joseph Jefferson is again in excellent
health, His cheeks are rosy, his eye
bright anu his step firm. He says that he
owes his good health to his out-of-door
life.
A house which is associated with the
early life of Daniel Webster is soon to be
sold. 1t is at Main Street and Webster
Avenue Hanover, n. II. Webster occu-
pied one of its rooms for large part Of
his student life at Dartmouth College
At the wedding in Boston of the Rev
James A. Farley, of Nutley. N. j., the
officiating clergyman, the best man and
the chief usher We're brothers of the bride
groom.
The Vanderbilt, Astor, and Belmont
families are guiltless OF bachelors. The
Webb family has one bachelor. Creighton
Webb; the Oelrichs family one, Henry, a
brother of Hermann and Charles. and the
Iselin family one, Isaac
The consulting architect of the city of
Marquette, Mich. is a woman, Mrs. A. Il.
McCrea. She has laid out grounds for
parks, boulevard, normal school.
prison. and several railway stations.
Henry RuStln, the electrician WIN ue
signed the Pan-American illumination at
Buffalo. is to get gold medal for his
work He has given golden memories 10
many thousands.
Sir George Dibbs, who has twice been
Premier of New South Wales, once serv-
ed a year in jail rather than pay what
he considered an unjust bill of costs
Acting Secretary of State ,Adee has
vivid and picturesque vocabulary. which
he occasionally employs even in discuss
ing affairs of state. The other day he
was asked whether the Colombia-V Vene-
zuela affair was really only a couple Of
revolutions or was going to become war
between the two nations. Il don't know
vet" replied the Acting Secretary of
State There is something going on
down there. but ] have not yet blown
down the barrels to see IL thry are
loaded -ii-----