davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

Pulaski c.. c.. Reversed. Hadley, Ill. Al
personal Judgment may be rendered against
allowing such attorneys fees may be In
cluded. 2. In actions for the enforcement of
a right granted by a special statute theI
complaint and proof must show that all thel
conditions upon which the right dependsl
have been complied with. 3. A general del
NAL challenges proof or every MATERIAL
averment OF the complaint based upon
statutory proceedings, which means proof
by competent evidence dehors the conf
plant of every step in the statutory scheme|
that leads up 20 IL.
Affirmed. Monks, jim an action by h-irsI
of a decedent 10 enforce a vendors lien
against real estate sold by decedent In bis
lifetime, II is not necessary TO make theI
will Of the decedent an exhibit 70 the com-I
plant when. by the will. plaintiff received
an interest In the property for which the|
action is brought.
1925. limerick VS.. Miller. Wabash c. c.
Transferred TO Supreme Court.
Minute
1851. Board of Commissioners Of Owen
county ct al. VS.. Richard Newport. owen
G. G. Amended assignment OF errors, cross
errors. Appellee's brief.
APPELLATE COURT.
1914. Roehrs VS.. Timmons. Allen c. c. Re-
versed. Robinson. Z. il There is no inn
piled covenant on the part OF a landlord
10 repair leased premises. ? 4 tenant has
possession and control OF whatever passes
TO him under his lease. and the landlord
has no right 10 go upon the premises with
out the tenants consent. 3. II a landlord
leases premises. knowing at the time they
are in a defective condition. and cOnceals
that fact from the tenant. he may be held
liable for damages without regard 10 any
question as to his duty TO make repairs.
But II the premises are in a safe condition
when leased and afterwards become de-
~fective. and an injury. by reason thereof,
takes place, the landlord Is rot liable
therefor, unless II was his duty 10 make
repairs.
1872. Lillard VS.. Mather. B~lackford G. G..
Affirmed. Henley. jim order 20 become A
part OF the record the special findings must
either be signed by the judge or made a
part Of the record by bill OF exceptions or
order OF court.
36O6. city OF indianapolis VS.. Craus. MARI
on 5. c. Reversed. Comstock. G. il In
an action against a city for a personal in
jury by reason OF a defective street cross
ing the complaint must show that the
street crossing was within the corporats
limits OF the city. 2 Where 4 city Is charged
with damages on account OF faulty drain
age IL must be shown that the latter was
caused by acts OF omission or commission
on the part OF the city.
413L Wabash II. II. Co. ". keister. War
ren G. c. Motion 20 dismiss overruled.
1851. Whitcornb ". Stringer. Marion S. c
Petition 10 advance granted.
Minute
1851. Franklin Insurance Company va
Charles Woln. Laporte 5. c. Appellee's
dismissal of cross-errors.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

estate described in complaint and entitled
to have its title quoted. at its cost.
Room 3-vinson Carter, Judge.
William c.. Smith VS.. Sarah A. Hibben ct
al; foreclosure. Evidence heard; taken
under Amusement.
r.. T. Levey & Bro. VS.. Edwin f. Shideler
ct al; contract. Finding and judgment
CIRCUIT COURT.
Henry Clay Allen, Judge.
Allen Chapel African Methodist Episco-
pal Church VS.. Luella Walden ct al; 10
establish will. Cause dismissed; judgment
against plaintiff for costs.
Mary Bryant VS.. Albert Bryant; divorce.
Defendant defaulted; submitted 70 court;
finding for plaintiff; decree of divorce;
plaintiffs maiden name, Mary Stewart, re-
stored; custody of child, William Bryant,
awarded plaintiff; judgment against plain
tiff for costs; order ~forbidding marriage
for two years.
Albert il. Horst VS.. Susie Horst: divorce.
Defendant defaulted; submitted to court;
finding for plaintiff; decree of divorce;
judgment against plaintiff for costs.
George X. Waldo ct al. VS.. Z, &, Z. az
st. l.. Railway Company ct al; possession,
etc. Trial resumed; additional evidence
heard.
Willard w. Hubbard VS.. Amanda +.
Greenman ct al; TO quiet title. Circuit
Court.
Seth NJ. Richcreek VS.. Isaac Russell ct al;
eJectment. Superior Court, Room =
Clarence G. McLain VS.. Alice Z. McLain;
divorce. Superior Court. Room ?.
Wulschner Music Company VS.. Elma
Dare; foreclosure OF chattel mortgage. Su-
perior Court, Room /.
Amos II. Walker VS.. Indianapolis Street
railway Company; damages. Demand.
$3.50. Superior Court, Room 3.
William Z. Herod VS.. Levenia ID. Athon
ct al; mortgage foreclosure. Superior
Court, Room l.
Ida Anna Kafader VS.. Otto Kafader; di-
vorce. Superior Court. Room 3.
Wulschner Music company VS.. A. l.. Por-
ter ct al. note. Superior Court. Room 3.
Artie j. Mills VS.. Joseph Clinton Mills;
divorce. Superior Court, Room ?.
Paul Bonner vs.. Indianapolis Street-rail-
way Company; damages. Demand, 5000.
Superior Court. Room 3.
Ellen c. Taylor vs.. Albert p. Taylor; di-
vorce. Superior Court, Room /.
George w. Logan VS.. Melcena +. Logan;
divorce. Superior Court. Room ].
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
Notes of Music Events.

Seats may be purchased at the Y. NJ. c.
A. office for the concert to be given in Tom
linson Hall next Monday night by the Gin
cinnati Symphony Orchestra. The main
feature of the programme will be Raf's
symphony, "Lenore.' A composition by
Mr.. Van der Stucken, conductor of the or
chestra. called 'Idylle," and the overture
to Weber's 'Euryanthe" also will be among
the numbers. The sOloists will be Jose Ma
rion. violinist, who is concertmaster of the
orchestra, and Miss Bessie Tudor, soprano.
Fanny Morris Smith. writing of Paderew-
skis continued supremacy among ~pianists,
says:
Every pianist that makes his debut in
America is open to three phases in his ar
tistic experience: He confronts his public
for the first time and they learn whether
his talent Is vigorous enough and his techni-
cal equipment adequate to a
a successful first season. He returns. and
now those who heard him before begin to
ask themselves what impression Of his art
remains in their minds. Were his gifts
significant to their own mental needs?
What intellectual stimulus did he give?
What range OF emotions did he express?
His reputation as a virtuoso remains as a
source of attraction, but another element
begins to control the result. If the verdict
be. Il have heard him, he is great; but l
know what he can do'-the virtuoso soon
retires to a more congenial sphere: If, on
the contrary, the meeting of the artist and
his public with the piano as a medium of
intercourse left an impression of keen en-
joyment aside from that of surprised and
gratifed curiosity, the artist has won a
permanent hearing. Many artists are in
teresting. intellectual, surprising, stimu-
lating and agreeable. All these have their
public. But now and then-once in a cen
tury-a man appears who can interpret
the keenest, hottest feelings of our personal
experience; a man who can put into music
and nffQT for nG what Wa hove No rD~I-
20 speak for ourselves, who knows how
we feel. feels with us. and in the presence
of whose music we experience inward peace
and refreshment. For US, that man is
Paderewski. Thus Mr.. Paderewski and his
American public have entered upon the
third and lasting phase of the artistic re-
lation. He was heard; he was enjoyed. and
now We cannot hear him en~ough-because
he fulhlls the highest ministry of music I'm
his relation TO us. His message is human,
wise and comforting. He does us good"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
'Ben-Hur" Well Received in London

LONDON, April 3-"Ben-Hur' was pro-
duced at the Drury Lane Theater tonight.
The play went smoothly throughout and
was received by an audience which crowded
the theater, with every sign of satisfaction.
The chariot race was splendidly managed
and was greeted with enthusiastic demon
s~tration. The staging ano the professions,
the general mounting and the acting of the
play were admirable. Robert Taber, as
Ben-Hur, and Constance Collier, as Iras,
were capital. The play seems destined for
a good run.
The papers this (Friday) morning con-
tain unusually elaborate notices Of Ben
Hur," and express many differences of
opinion concerning the literary and dra-
matte merits OF the piece. Most of the
papers agree that "Ben-Hur" could be i'm
proved by the curtailment of the final
scenes. They are unanimous in declaring
that the splendid spectacular effects will
insure ii a long run. The extremes Of crit
icism are represented by the Daily Graphic,
which says that "Ben-Hur" is IN over
whelming and unmistakable triumph, and
by the Times, which, while II praises the
staging and acting of "Ben-Hur," is severe
on the play. and says IL 1t succeeds II will
be by virtue of the scenery and sensations
and in spite of the tediousness of the
drama.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
MARRIAGES THAT FAILED.
Two Wives and Two Husbands Ask
Courts for Divorce.

Artie J. Mills yesterday filed suit against
her husband. Joseph Clinton Mills, for di-
vorce. She alleges hat for two years he
has not made suitable provision for the
support of herself and their two children,
and that she has provided for them by her
own daily labor. She AYERS that while she
was providing for them her husband on
Aug. 20. 1900, refused to speak to her, and
until June 70, 1901, refused to speak to her
or recognize her as his wife. On the lat
ter day she AYERS that he took their oldest
child. Louis Herman Mills, eleven years
old, a horse and phaeton she had purchased
with her money and part of their house
hold goods and left her. She AYERS that
since that time he has lived within a few
squares of her home, but has not allowed
her or their eight-year-old daughter to see
the boy, nor has he inquired about their
welfare. She charges that he is trying to
estrange the son from his sister, and with
a decree asks for the custody of both chill
dren to bring them up together. She asks
for an allowance Of s. a week for their
maintenance.
Ida Anna Kafader made her husband,
Otto Kafader, defendant in a divorce suit.
She says they were married Nov. Is, 1901,
and that he deserted her March II, 1902.
She alleges that since their marriage he
has been cruel to her and has failed to pro-
vide for her. She ayers hat he did not
spend more than SO for clothing for her
during their married life, and that ne pro-
vided a house for them TO live in but a
short time. The remainder of the time, she
AYERS. they lived with his and her parents.
She charges that their home was s~cantily
furnished, the only provision for heating
being a cooking stove. She AYERS that he
did not provide fuel for this, and all they
had was what he brought home in a bas-
ket from his place of business. She also
charges that he tried to compel her to pick
up coal on the railroad for fuel, and that
when he left her and their infant child he
told her she could hustle her own coal.
She also AYERS that he neglected her and
her child when they were i'll. An allowance
is asked for their support.
George W. Logan filed suit against his
wife. Melcena F. Logan, for divorce. He
AYERS that his wife has a bad temper,
curses him and is cross and sour. He al
leges that after he worked hard all day she
compelled him TO sleep on the floor and
refused 70 cook his meals. They were mar
ried in Cartersburg in 1879, and he AYERS
that the older she gets the worse she be-
comes.
Clarence c. Mclean filed suit against his
wife, Alice c. Lea for divorce. He
AYERS that she deserted him in Lagrange,
Ill, while he was away on business and
that she has refused to live with him.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
james. Thornton and DIR. Munyon.

Il claim 10 be the most original mono
loguist on the stage to-day" said James
T. Thornton. who is playing at the Grand
this week. 'When l first went into the
business / wore a black Prince Albert coat
So many actors began TO wear them that
I changed to gray. II they copy the gray
III wear blue. Every word that utter
and every note that I sing is my own. I
have written a number OF songs. The most
notable one is When You were Sweet Six
teen l didn't make money out of II. but
the publishers did. l should have made
10000 from that song. I have eight songs
in my trunk now and don't know who
10 give them 10. i want 10 see which pub-
Usher is the least dishonest. II publish
them myself the dealer that sells them
will be boycotted by the rest OF the houses
What can a man do? There should be a
law TO prevent me publishers from
swindling the writer's.
II was playing I'm Worcester, Mass, four
weeks ago. ! went on with a DR.. Munvon
make-up-a large pompadour. you know. 1
held up one nnBer and sang a song about
ell the different things l cured. When the
song was finished / didn't get a hand. 1
rang IL In a very solemn manner. After
the song 1 got them 10 aughing That
same night while / was talking TO a clerk
asked for DIT. Munyon. The clerk told him
that he was not stopping at the house.
Well he replied. they told me over 10 the
theater that he was stopping here, and /
just heard him lecture over at the Iheater.
1 knew then why I didn't get any applause
after that first song. They had taken me
seriously. One OF Dr. Munyon's pictures
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
Suit over Brick-Making Machine.

Judge Baker, OF the Federal Court, yes
terday watched lawyers manipulate models
of brick-making machines while they ar
gued a patent suit. The suit was brought
by the Chrishclm. Boyd & White Company.
of Chicago, against the Anderson foundry
and machine works. The Chicago firm al
leges that a man named Berg worked for IL
several years and then made a brick-mak-
ing machine which ne leased TO the Ander-
son company. IL Is charged hat Berg en-
bodied several OF the ideas in the plaintiffs
machine in that of his own.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
Notes of the Stage.

Charles F~rohman, who is in London, has
engaged the American right of production
of the dramatization of Gilbert Parker's
novel, The Right of Way"
"Merrie England" an opera on the Gill
bert and Sullivan pattern. by Capt. Basil
Hood and Edward German, the composer.
has been produced i'm London. The scene
is Windsor, and among the characters are
Queen Elizabeth, Sir Walter Raleigh and
the Earl of Essex.
The musical comedies, THE Explorers"
and THE Burgomaster." the first new here
and the second familiar, will be acted at
English's on Thursday and Friday nights
of next week.
A on Account of Eliza" by Leo Diet
richstein. was produced at the Shaftesbury
Theater, London. last night with Madge
Leasing and James E. Sullivan in the prin-
cipal parts. The farce was acted in this
country by Louis Mann and Clara Lipman.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

A. E. Nowlin, revenue collector for the
Lawrenceburg district. was at the Denison
Hotel last night. Mr.. Nowlin estimates
that Indiana contributes close to S24,OoO.Oc0
a year 10 the government in revenue col
l~ections. Seventy-five per cent. of this
amount is collected on spirituous liquors.
Mr.. Nowlin says that a distillery recently
put in operation at Hammond is grinding
1000 bushels of grain a day. 1t has a ca
pacity of 1000 bushels, which means 1900
gallons of LIQUOR.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

William II. O'Brien. chairman OF the
Democratic state committee, is at the
Grand Hotel. He came yesterday to visit"
a dav or two with Secretary Reilly. The
next meeting of the Democratic state COM
mittee will be held May - at French Lie
Springs. Thc Democratic editors will meet
there at the same time. The editors have
invited Ex-Governor Stone, Of Missouri, to
attend their meeting and are expecting him
to accept the invitation.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
HIGHER COURTS RECORD.
SUPREME COURT.

1854. Horner VS.. Mcconnell. Lagrange c.
c. Affirmed. Jordan. g. Where parents
agree, orally. To give a child certain real
estate. providing she moves and lives
thereon and makes certain improvements.
a strict compliance on the part OF the child
will entitle her TO a decree for a specific
performance against the parent. and the
only statute OF limitations applicable 10
such a case Is that OF fifteen years.
1869. p. c., G. & St. l.. Ry. Co. vs.. Fish.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
..The Liberty Bellies" Tonight.

Harry b. Smiths comedy. The Liberty
Bellies" which will be acted at English's
tonight and tomorrow afternoon and
night. is Of a new plan. There are twenty
two young women in the company and they
impersOnate seminary girls. but they are
digriAed with Individual parts instead of
being massed I'm the conventional chorus.
All OF them have been prominent i'm the
chOruSes OF the large musical eXtravangan-
members Of the company are Harry Daven-
port. Crissie Carlysle. Eta Butler, Sandol
Milliken and the Mccoy sisters. dancers.
The comedy is well sprinkled with musical
numbers
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
Miss Lotus in London.

LONDON, April 3.-An agreement was
reached to-day between Cecilia LOTUS and
the manager Of the Alhambra Music Hall.
Miss LOTUS will appear at the Lyceum
Theater in Faust" with Sir Henry Irving,
but should she return to the music hall
stage the Alhambra will have the first
right to her services.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
NEWS OF THE THEATERS
''THE LIBERTY BELLIES" BY HARRY
Ii. SMITH, AT CYCLISTS TONIGHT.
A MeIodramn mt the Park Has n VIII
lain hat Can See at Night, but
Is Blind I'm the Daytime.
At the Theaters To-Day.

D. m.
GRAND.-Vaudeville, 2:15 and Sis p. m.
PARk.-"The Great White Diamond" 2
and S y. m.
EMPlRE.-"The Cracker Jacks" 2 and s
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
At the Hotels.

Mrs. Peter r. Studebaker. of South Bend,
was a guest at the Grand Hotel last night.
w. Bent Wilson. editor OF the Lafayette
Journal, took luncheon at the Grand yvs~
terday.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

was on the programme and they had no
card boxes at the sides of the stage, so L
suppose they thought / was the real thing.
Now that sounds pretty strong, but 1t is
the truth"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
THE COURT ECORD
COIrRT

Room John l.. McMaster, Judge.
The Physio-Medical College of Indiana
vs. George Hasty ct al. 10 quiet title.
Finding that plaintiff is the owner OF real
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
Musicale at the White House.

parties came to Elwood from Dublin and
will make this their future home.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04

1851. Franklin Insurance COMPANY We.
Charles WOLF. Laporte :. G. Appellee's
dismissal OF cross-errors.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-03-07
WORK WILL
SOON BEGIN
Vice-President Sylvester of
Orient Writes Secretary Levy.
WICHITAiS THE NEXT POINT
To Which the COMPANY viii
Direct Their Efforts.
WICHITAiS THE NEXT POINT

/ NJ. ". Levy, secretary Of the Chamber
I of Commerce. yesterday received q let
I ter from ". ". Sylvester, vice president
of the Kansas City. Mexico & Orient,
saying that the rails were on the way TO
Anthony and that track-laying on the
section between Anthony and Fsirview,
eight miles south of the Cimarron river,
would begin within the next few days.
This section of the road is now graded
and, ready for the steel. and this will be
put down as fast as it can possibly be
handled.
AS soon as this section Of the road is
completed the contractors will Immediate
~ begin work on the section between
Wichita and Anthony, as this city is the
next objective point for the company,
as they wish to open up a new section Of
Oklahoma territory as soon as possible
and the line from Wichita TO Fairview
will be put in operation as soon as COM
pleted.
The letter also stated that a trainload
Of cars coal, and box cars, engines and
other equipment had just left the Pull
man shops at Chicago and were being
hauled TO the Mexican section of the line
for use there. The cars viii be taken di-
I ItGL To 0uluudttu6 anu OPSIdlcu On liAS
/ line between that city and the Pacific
coast, which the company is now operat-
ing. Part of this lire was purchased by
the company and a part has been built.
| The workmen are busy west Of Port
Stillwell and it was hoped to have the
Mexican portion of the line in full opera
ton in a very short time.
This means that the Orient road will be
graded the greater part of the way be-
tween Wichita and Fairview. o. T.. be-
fore next fall. 1t viii take but a few
months 10 lay the steel on that section Of
the track. The ties for the track are now
at Anthony and the rails are coming as
fast as railroads can haul them. The
men are on hand to 10 the work. so that
it is almost certain that within year this
city viii have another railroad, opening
another section of Oklahoma for her mer-
chants.
Bloatlng after eating. indigestion, aatu-
lence or water brash may be quickly cor
rected through the use Of PRICKLY
ASH BITTERS. 1t strengthens digestion,
cleanSes ana regulates the bowels
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-03-07
MRS. HARVEY DEAD
She Succumbed to Consumption Yes
terday Morning.

terday Morning.
Mrs. Fay Bower Harvey, the wife OF
Judge E. E. Harvey of the city court
died Of consumption early yesterday NOR
ming. at her home, 526 Wavash avenue
She had been sick for two years, and
for the last month has been helpless.
The funeral will be held Sunday after
noon at o'clock, at the Central Chris
tian church. and the remains will be
buried in Maple Grove cemetery. The
funeral will be conducted by Rev. A. Z.
Dubber
Mrs. Harvey was born in Washing
ton, D. c., in July, 1875. and resided in
that city with her parents until she was
ten years old. Her father was for many
years employed in the pension bureau,
and afterwards was a special pension ex-
aminer
In 1895 she came with her parents to
Lane county, Kansas. When she was
Is years old she united with the Chris
tan church at Dighton, Kansas. and
ever since that time has taken an active
part in church work. On September p,
1895. she was married TO Judge e e. Har-
vey, and in 1899 the family moved TO
Wichita.
Mrs Harvey studied music in Chicago
and had an unusual talent in that art.
She was also an accomplished elocu-
zionist. Since her marriage. however.
she has confined herself to home duties.
Mrs. Harvey leaves a husband. son
aged three. a mother. a brother and a
sister Her mother, Mrs. Carey Bower.
and her brother, Carroll Bower, reside
al 434 Sherman avenue.