davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

Criminal Law-Failure of Defendant [,


Criminal Law-Failure of Defendant to
Testify
In the trial of a criminal case. the de-
PENDANTS rights are not prejudiced because
OF MS failure to take the stand in his own
defense. If the jury, on its retirement COM
mented freely on defendants failure to
TESTIFY, and in a manner to reflect on his
defensive theory because he did not testify.
and find him guilty. the conviction must
be reversed. [65 Southwestern Rep. CTexas,
Judge DavidsOn). $685.
Murder in First Degree-what Con-
stitutes.-
Defendant and deceased were co-em-
ployes, and slept together each night. De-
ceased objected TO defendants setting his
alarm clock for o'clock in the morning
deceased threw the clock into the yard. The
next morning defendant walked up behind
deceased at the breakfast table and shot
der in the first degree. [65 Southwestern
Rep. Texas, Judge Brooks), 919.l
Bite of Dog-Liability of Master
The owner of a gentle animal. which
has always been of a kind temper and
has never attempted to bite anyone, and
has never given occasion to suspect he
would bite, is not liable in damages by the
mere fact that the animal has bitten some
one Unless there be some fault, light as it
may be. liability does not arise. [30 South
ern Rep. Ga, Judge Breaux). 901l
Gambling Apparatus-seizure-
A statute providing that gaming appa-
ratus may be seized and destroyed under
the direction of the judge, justice or court
Is not unconstitutional because depriving
persons of property without due process of
law. such apparatus not being the lawful
subject of property which the law protects
but have ceased to be property in the
sense that they are regarded as such and
are liable to seizure forfeiture and destruc-
ton without violating any constitutional
provision [61 Northeastern Rep. 1O54.l
-Schools-Discriminat ion.-
Children of African descent. who had
formerly attended a certain school, which
was near their residence and attended by
white and colored children alike were ex-
adjustment of schools exclusively for COL
ored children, and required to attend the
latter, no reason for such exclusion other
than their color being alleged. 1t was held
that such acts upon the part of the school
authorities showed a discrimination and
the children might be reinstated by manda-
mus. L61 Northeastern Rep, 1917.
Observation-Disclosures and Servant
Plaintiff. while at work I'm the cellar of
defendants building, repairing the eleva-
tor, was injured by the elevator striking
him. He had told the elevator boy not to
come below the first floor until called The
boy was operating the elevator from the
cellar TO the top and immediate floors and
had no authority to agree not to go to the
cellar, or TO permit anyone to be under the
elevator. Defendant had no knowledge that
plaintiff was under the elevator or of his
directions to the boy. IL was not necessary
for plaintiff to stand under the elevator
Held that defendant was not responsible
for the elevator boys disObedience I50
Atlantic Rep. md, Judge Fowler. 7O3
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
HIGHER COURTS RECORDS.
SUPREME COURT.
Minutes

COOhI
Minutes
1921 The p. c.. c. & st. L. Ry. Co. VS..
John Wilson. Porter c. c. Appellants re-
ply brief 50
1871. William w. Mcbride, executor VS..
Sarah NJ. Timer. Wells c. G. Appellants
motion to transfer to Appellate Court.
APPELLATE COURT.
Minutes
423l Richard T. Kirkham ct al. VS.. Nellie
Moore ct al. Hancock c. c. Appellants
brief 50
4295. Christopher Hill VS.. Edward n.
Pierce ct al. Grant c. c. Appellees brief
(Sj on motion to dismiss.
4l19. Consumers Paper Co. VS.. Harry j.
Eyer. Delaware c. c. Appellants reply
brief 90
4l4S. John Bout ct al. VS.. William II. Don
~. Laporte 5. c. Appellants reply brief o.
1893. The Wabash r. r. Co vs.. c. r. *
NJ. r. r Miami e. c. Return TO 'certioroi.
Appellants petition TO require appellee 10
file brief on motion 10 dismiss
1915. John +. Evans VS.. Olive l.. Oden ct
al. Allen G. c. Disclaimer OF Robertson &
O Rourke.
4157. Andrew Winklebleck vs.. Margaret
Winklebleck and Homer c. Winklebleck.
Cass G. G. Appellees petition for extern
sion Of time TO file brief. Granted thirty
days from Jan. 20, 1892.
New Cases
43l3. Rufus X. Syfers et al. VS. Samuel A.
Reiser. Upton c. c. Record Assignment
of errors. Notice 10 Hamilton G. c.
sSlt- Mary r. Small VS.. Walter Finch.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

Henry Mag contractor for city improve
ments. filed four suits yesterday against
persons who, it is alleged, have not paid
their assessments. under the law, for i'm
provements which Mag made. The suits
are against f. c. Dunmeyer, for failing to
pay an assessment on an improvement on
South Illinois street Mary "A. Renihan, for
being delinqeut in an Improvement on Vir-
ginia avenue; l.. II. Won Martin, for not
paying assessment on a Spruce-street
Improvement, and n. j. Jones' for falling
to pay an assessment on a South Illinois,
street Improvement. The aggregate amount
of the suits is about 800.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
STATE OF INDIANA,
OFFICE o. AUDITOR OF STATE.
Insurance DEPARTMENT

was known as a shipping suit, it being
similar to many of those filed against rail-
road companies by shippers on account of
damage or failure To deliver goods trans
ported. The plaintiffs alleged that ma
chinery belonging to them had been taken
by the road to a wrong destination, and
that when 1t was finally returned to them
it was in a damaged condition. They re-
fused to accept the goods and sued the Big
Four for its total value.
jury in the case of McCarty against the
Indiana, Decatur q Western Railroad, in
Judge McMaster's court. yesterday re-
turned verdict for the defendant. Nc
Carly wanted $1,000 for an eye which, he
said, he lost by the carelessness of an en-
ploye of the railroad, but the jury found
that the railroad was not responsible.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Trust Company Wins a Case.

The ''Vandeventer case brought in
Judge Leathers's court by the Indiana
Trust Company, which sued George Seifert
and others for recOnveyance of property,
which, it was alleged, Mrs. Margaret NJ.
Vandeventer disposed of while mentally
incapable of trancacting business matters
was concluded in Superior Court, Room 2,
yesterday afternoon by a verdict of the
jury for the plaintiff. The jury decided tina Z
the trust company is entitled to $500 from
Seifert. In the morning Judge feathers had
instructed the jury TO find for George
Davis and the Cincinnati Brewing Co., with
Seifert defendants in the case leaving the
issue between the trust company and
Seifert.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
CREDENTIALS COMMITTEE.
1t Decides to Seat Seven of the Pitts
burg Delegates.

The credentials committee last night
considered the question OF seating the
eleven delegates from the Pittsburg dis
trict which was referred to il by the con-
vention yesterday. After considering the
evidence the committee decided 10 recon-
mend that seven be allowed votes in the
convention and that four be rejected. The
convention has the power TO seat these
four delegates or reject the seven. How
ever. any action Will not deprive the Pitts
burg district Of its votes as transfers can
be made satisfactorily 10 the convention
but effort will be made TO allow the four
delegates the right OF casting their votes
The objection OF these delegates is that
they represent locals in arrears for assess
ments and carry transfers given by dele
gates holding more votes than they are
entitled TO cast The constitution pro-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
YOUNG MAN WITH CHECKS.
He Got SO at Carriers and 81 at Ber-
termann Bros.

A well-dressed young man. claiming to
be j. b. Perry of the wholesale grocery
firm of j. c. Perry & Co, bought 50 worth
OF goods at Carriers furnishing store. on
North Pennsylvania street. about o clock
last evening. He presented a check on the
Columbia National Bank for IS in payment
and received the change. Mr.. Carter
learned later the grocery firm had no one
of the name given connected with it, The
same young man passed a $40 chek at Ber-
termann Bros. florists. after ordering Sc
worth Of flowers 10 be delivered to-day.
and secured s. in change.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

dyke x MarmOn Company, which went on
trial yesterday afternoon in Judge Car
ter's court. the company is asked TO pay
the plaintiff Sl5.eo for injuries he alleges
he received. Avery was an employe at the
foundry. and on the day the ALLEGED in
Juries were received was at work near a
big pile OF pig iron. He claims that the
iron was piled carelessly and in "a place
where TO one had any business 10 place IL.
IL tOppled over and fell on him. he says
burylng him under a ton OF weight Be
sides severe injuries OF a common nature,
n declares that he was hurt i'm an unusual
manner. and that from a stout man he
has become weak and deCrepit. Negligence
Is alleged against the company.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Bushong's Suit Put Ont.

Judge McMaster yesterday dismissed the
suit OF BushOng against the city of Indian
apolis on account of lack of prosecution 1t
is stated that several years ago Bushong
was an employee of one OF the city offices.
and, having worked more hours in the per-
formance of his duties than the law re-
CURED him To labor. ne brought suit against
the city Tor compensation for the extra
work. The suit had been hanging fire in
the courts Tor two years BushOng failed to
appear or TO be represented yesterday when
the case hnally came 20 trial and Judge
McMaster ordered the case out of court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Miners Trouble Adjusted.

SALEM, Ore, Jan. 23.-Differences that
have existed between the coal miners and
operators in the northern ColumbIana dis
trict for the past eight months and which
has kept 500 men idle were settled to-day
and the men viii go to work Tomorrow
Minor matters at three small mines at
Negley and Newhouse are pending. but
an early settlement is looked for
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
VS.. Jerome H. Scott ct al. Receiver. o
trial by court
Room 2Vinson Carter. Judge.


trial by court.
Room 9-Vinson Carter. Judge.
James l.. Cruise VS.. Sylvester G. Schera
ct al; to quiet title. Finding for plaintiff and
title quieted in plaintiff. Judgment against
plantiff for costs.
c. and A Potts & Co. VS.. c., c., c. & ST.
J.. Railway Company. Jury return verdict
for plaintiffs for $1430.
George K. Avery VS.. Nordyke q Marmon
Company; damages On trial by jury.
CRIMINAL COURT
Fremont Afford, Judge
Harry Toomey; forgery. Defendant files
motion of plea of insanity and permission
to take deposition out of State. Motion
granted.
Thomas Fink; burglary. grand larceny
and receiving stolen goods. Pleads guilty
to petit larceny. Sentenced to Indiana
State Prison for one year.
CIRCUIT COURT.
Henry Clay Allen, Judge
Joseph Bemster VS.. Crescent Paper Com
pany; from justice of the peace. Jury re-
turned verdict for defendant.
In re petition of Albert Parsley ct al. for
damages; Eek parte. Submitted to court.
Finding for petitioners. Referred TO Henry
w. Klausman. Samuel f. Hayne and
Commissioners ordered to report March 10,
1902
Jennie o. Burgoyne VS.. Zerelda Menefee's
Estate; claim. Allowed by agreement for
State ex rel William II. Hart, auditor
etc, VS. the Reserve Fund Savings and
Loan Association of Indianapolis: receiver.
Receiver authorized to sell real estate Re
port of sale approved. Sale confirmed.
Deed approved.
Sun Savings and Investment Company VS..
COrdelia Webb ct al; foreclosure. Dis
missed. Costs paid.
Frederick Laken VS.. Thomas Mcguire;
damages. Submitted to jury. Evidence
heard in part.
Vinson Carter, Special Judge
John F. Carson. executor, VS.. Lena H.
Myer ct al; TO quiet title. Finding for de-
PENDANTS Clerk ordered to pay defendants
Meyer, Rahke, Frank +. and Katherine
Krug the sum of $757H each in his hands.
Judgment i'm favor of Catherine Krug for
costs against plaintiffs and codefendants.
NEW SUITS FILED.
Consolidated Coal and Lime Company VS..
Charles w. Glenn and john S. Glenn; COM
Otto II. Rose vs.. Indianapolis Street-rail-
way Company: damages. Circuit Court
Rudolph Scwartz VS.. Indianapolis Street
railway Company; damages. Superior
Court. Room ?.
Madison-avenue Saving and Loan Asso-
citation VS.. Eliza SchoOly; complaint to fore
close mortgage Superior Court, Room 8.
Henry Mag rs. a. L. Jams; complaint on
lien. Circuit Court.
Henry Mag VS.. Mary A Rennihan; COM
plant on lien Circuit Court.
Henry Mag vs.. l.. II. Van Martin; COM
plant on lien Circuit Court
Henry Mag VS.. T.. G. Dunnmeyer; conf
plant on lien Circuit Court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
THE COURT RECORD.
STPERIOR COTRT-

Room John l.. McMaster. Judge.
William McCarty W. indianapolis. De-
catur a Western Railway Company. Dam
ages Jury returned verdict for defendant
Room flames NJ. Leathers. Judge.
The Indiana Trust Company VS. Charles
Davis ct al. Recession. Evidence heard
Argument concluded. Jury retire Jury re-
turned verdict for plaintiff for $40
plymouth Savings and Loan Association
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Has Prepared a Statement.

Miss Mollie Meredith said last night that
she had prepared statement OF her opin-
ion OF the finding Of the investigating COM
mittee that eXonerated President Mitchell
anu anu o os wilson from her charges and
that she may decide 10 give IL 10 the news
papers. She said she was surprised at the
hending Of the committee. and that she ala
not thlnk she would take any further steps
in the matter at this time
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Behind I'm Vehicle Licenses.

Deputy City Controller Bogardus SAYS
that owners OF vehicles delinquent i'm TAX
ing out licenses must hurry up or the ma
chinery OF the law will be directed against
them. The records OF the office show thar
the city Is considerably behind IN its re-
ceipts from that source Nh Rogardus
says that on the LIST day Of April. 1902. ev-
cry man owning a vehicle who has NOT
complied with the law Will be arrested and
fined. And that's no April fool JOKE.
either" he added
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Copy of James A. RooseveIts VIII.

certified copy of the viii of James A.
Roosevelt. supposed TO be the uncle of
President Roosevelt. has been filed i'm the
probate commissioners Office With the
will a copy of the letters of admins
tratiOn issued by the surrogates court of
New York. The proceedings are to clear
the title to lot in this city owned By JAS
A. Roosevelt. as trustee The lot I'm ques-
ton was transferred by executors deed
some time ago and the present action will
clear the title
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

that is in arrears for assessments shall be
entitled TO seat in the convention
IL is asserted that some Of the locals in
the Pittsburg district are entirely new and
the debt of old members. who moved AWAY
ana sought employment i'm other places
i thrown upon them, and il Is not right
TO deprive them Of a seat for the sins Of
somebody else. The report Of the COM
mittee will not be adopted without consid-
cradle discussion
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Duncan Deyyars Estate.

The report OF the executor of the estate
of Duncan Dewar shows that its value is
S56eo0. Stock in the Western Electric Com
pany is given $500. The probate COM
missioner has granted petition 10 make a
partial distribution Of the stock and AZ
shares Will be distributed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
Candidate for Commissioners.

William Fl. Helm. of this city yesterday
announced his candidacy for the nomination
for county commissioner from the second
district
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

st. Joseph c. c. Record. Assignment of
errors. In term. Bond. Appellants brief (S.)
1915. William A. Conner VS.. Board of Com
missfoners of Morgan County. Johnson G.
c. Record. Assignment of errors. Notices
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24
One RaiIroad Lose.. Anothcr Wins.

In the case Of c. * A. Potts against the
Big -Four Railroad a jury in Judge Carters
court yesterday afternoon returned a YER
dict for the plaintiffs OF 81 430. The suit
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
THEY NEVER CHANGE.

The moon an the women is jest the
same
Sence oil Bill ShaGespeare's times.
The moon as round and the girls as
strange
As when Bill wrote his rhymes.
I've read in the whole endurin' lot
II stun by men of fame
I've read 'em allan tell you what,
The girls Is jest The same.
There was Byron. Dryden, an Alex
Pope,
An honest Thomas Moore,
They sang of girls. an of blasted hope,
An by the moon they swoTe.
The girls are the same as Bobby Burns
Sang In sad refrain
The more nina studies EN-. less he
learns.
For sech research is in vain.
The moon an the women they make
no change,
As poets sing today;
The moons as round, an the girls as
strange,
An that's the mournful lay.
The moon goes on, jest as calm an
bright,
As round the world she whirls-
They swear by the moon in the drcary
night.
An swear about the girls.
w d. Nesbit in BValtimore
American.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
WILL INVESTIGATE
BROTHERS. Death

Paul Miguel, who was employed on
the Honolulu plantation, met with an
accident on Saturday afternoon which
resulted in his death. lie was, 1t is
said. rolling a cigarette while sitting
On a car on the railroad track. Some
Other cars we're shunted onto the line,
Miguel's car was started down the
track and he was thrown OFF and I'm.
der the wheels, one OF the wheels
passing over his right reg near the
thigh. This occurred between 3 and 4
D clock.
The plantation doctor took the un.
fortunate man in charge. He was not
sent to town, according to George
Porter. his brother-in.lGw, until about
o'clock in the evening when he was
taken to the Queens Hospital wheie
nc died one hour and twenty minutes
after his arrival.
The friends OF the dead man are of
the opinion that Miguel's life could
nave been saved had he been sent i'm.
mC diately to town. An uncle of the
deceased went down 10 the plantation
today TO investigate the accident and
the subsequent action taken by the
plantation people.
George Porter, chief engineer of the
Of 4 r,,fr Ngaar ~ h,.v.,.,r -, .I,. a..
c'dent. together with his wife and the
injured mans mother and two others
of the family. drove down to the plan.
thtion. where they learned that Miguel
had been sent to town about I o'clock.
They drove back 70 town and went
10 the hospital, where they learned of
the young mans death. incidentally
they asked to see the body. The moth
or was terribly shocked by the man
ncr in which the body was found at
the hospital says ths brOther.in.law.
No clothes or anything else covered
the remains and the amputated leg,
together with portions Of flesh, were
on tray on top Of the body
IF he had been white man who
was injured. the plantation people
would have wasted no time in getting
him to town." said Porter this morn.
ng. In my opinion Miguel simply
bted to death. We are investigating
the affair"
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
ARRESTED ON THE SPOT.

All Fat, former attache OF the police
department detective force, appeared
IN the Police Court this forenoon on
the charge of gambling. His case went
over until Wednesday. Among the
spectators in the court room at the time
All Fat appeared before Judge Wilcox
was brother OF the former defective
who was fined S25 and costs some time
ago on the charge Of gambling. He
was allowed to go and get the money
to pay the fine but did not appear again
TO settle up, As Deputy Sheriff Chill
ingworth was leaving the court room
he saw the Chinaman and ordered
Officer Apana to cause his arrest. The
fellow was caught at the foot OF the
stairs and locked up.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
NEW ORpHHJM PROGRAM

Bertha, the Sewing Girl" Milton
Mobiles funny comedy drama will be the
bill at the Orpheum tonight. The play
was a big success when given several
weeks ago, and 1t is By special request
hat It is being repeated.
Tuesday and "Wednesday evenings
New York Day by Day" sensational
comedy drama, with its action taking
place in the great metropolis. will be
given; Thursday and Friday DIR. Jek-
VI and Mr.. Hyde, or a Misspent Life. "
rhis play was Richard Mansfield's
greatest success. Saturday. mhtinee
md night A Nutmeg Match" by VIM.
Haworth. One OF its special scenic
features is the great pile driver in ac-
ton.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
Bt ETLE IN KAU.

News comes from the Kau distriNt
that the Japanese beetle has made its
appearance on the higher levels for the
first time since its arrival in the Isl
ands and that The beautiful rose gar
dens at various homes in the district
and particularly at Kapapala ranch
are now doomed to destruction. Peo-
pie who have seen the almost tree-liko
rose bushes of Kapapala ranch will be
very sorry to learn of tine appearance
of the destructive bug in the district
ton 1t means much more than the de,
struction of beautiful flowers as all
who have had experience with the pest
well know.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
OPINION OF" HAMLET

Frederick Warde. the great tragedian
Is an example of what puck and per-
severance will do for Il man. Although
A comparatively young man. no actor
on the American stage is so universally
esteemed, both in his private and pro.
fessiOnal life; and he has won his
equation by hard, conscientious labor
he began his career as an actor In En-
gland, when sixteen years old, and at
the age of twenty he was playing such
parts as Hamlet and Romeo. An in
teresting anecdote is told of his appear
lnce in a provincial town in England
as the Melancholy Dane" He was lv-
ing at boarding house during the
engagement, and with n desire OF i'm
pressing his abilities and making him
self solid" with the landlady, he gave
her complimentary ticket to the per.
IOrmanCe. The next morning at break
fast he asked the landlady's opinion
If the performance before all of the
other boarders, expecting to be prais-
ed. Well" said the lady, Il liked the
play very well and the scenery and
he actors, all but that hOrrid man
dressed in black who went around
preaching so much" The young ira
gcdian's feelings can be better imagn-
ed than described
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05
NURANAKA STILL AT LARGE

Muranaka, the japanese so badly
wanted by the police, Is still at large
1t will not go very well with him wher
he is caught, 1t will be remembered
that previous to the shooting episode
at KamOlliIll, he was committed to the
Circuit Court on the charge Of robbery
in the first degree. ono, we'll known
Japanese Of the city, furnished bond in
the sum of $3.50 aud Muranaka was re-
leased. He should have appeared in
the Circuit Court today to answer ia
the charge of robbery in the first de-
gree.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-05

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