davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

decree 2. Various provisions are made by
statute for avoiding or correcting judg-
ments, and when one of these statutory
II the same result is sought TO be reached
In some other manner the attack Is col
lateral. 4. In order TO get relief by col
lateral attack upon judgment Ii must be
made TO appear that the judgment is abso-
lutely void. 4. An erroneous judgment is
not subject to collateral attack. 5. final
judgment upon the matter before court
with proper Jurisdiction forever puts the
matter at rest.
4l24 Copies VS.. Union, ETC., Association.
Elkhart c. c.. Reversed. Black. il. The
sufficiency of a cross-complaint may be
tested for the first time on appeal. 2. In
complaint seeking a foreclosure of build
ing association mortgage a stock certificate
held as collateral security for the payment
of the loan need not be made an exhibit 3.
While complaint upon written contract
may be defective by reason of no exhibit
being filed Herewith, yet such defect may
be cured by evidence in the cause, and such
defect cannot be recalled for the first time
by assignment of error on appeal 4. The
state or an account or borrower OF a
building association cannot upon foreclos-
proceedings be proven by abstract
taken from the books of the association ana
verified by the secretary.
Putnam C. c. Affirmed. Roby, il. A
general appearance to a proceeding to an,
mex land valves defective notice issued
10 such party so appearing. z. A petition
ed as to omit part of the land originally in
cluded therein. 3. The motive of an indi-
vidual member of a town board cannot af-
feet the right of the town to annex terri
tory.
4375. Supreme Lodge, X. of P, VS.. An
drews. Clay c. c.. Reversed. Comstock, p.
il A member of a mutual benefit So
ciety is not required to exhaust his rem
edies or an aggrievance within the order un-
less its bylaws make IL obligatory upon
him to do so. 2 Where the judgment is
not supported by sufficient evidense 1T will
be reversed.
Minutes
1856. Indiana and Ohio Live Stock Insur-
ance Company vs. Conrad Bender ct al.
Marion S. c. Apellees' brief 8)
1907. George r. Kepler VS.. Frank w. Rine-
hart Wayne c. c. Appellants brief (S)
476S. Chicago Terminal Transfer Railroad
al. Porter S. c. Appellants brief 49,
4765. John Christman VS.. Maurice >.
Howe eft al. Miami c. c. Appellants
brief (S)
Railway Company VS.. Charles F. Butner ct
al Boone c. c. Appellants petition for ex-
tension to file reply brief.
466S. III. William Schepman ct al. VS.. j.
Henry Buhner ct al. Jackson c. c. APP
pellants' petition to advance.
4724. John Q. Foster VS.. Charles Leinin-
ger. Jackson c. c. Appellants reply
442s VI The Martin Reed Stone Company
VS.. Gath Steele, administrator. Appellees
petition to file additional brief.
pedo Company VS.. the Lippencott Glass
Company. Madison S. c. Bond.
New Suit
4S6S. Indianapolis Street Railway Com
pany VS.. William Bordenchecker, minor.
rOrs. Appearance of appellee and waiver OF
notice. Submitted by agreement.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
SCHOOL EQUAL TO ANN ARBOR.
Indiana University rnd indianapolis
Medical Schools May BE Merged.


President William Lowe. Bryan, of In
diana University. has made overtures to the
trustees of the Medical College of Indiana
looking toward the consolidation of the
medical school with the State University
Negotiations were already pending for the
consolidation of Indiana University and the
Central College OF Physicians and Surgeons.
and the scope of the whole proposition has
been considerably broadened by President
Bryans offer.
Should the proposed consolidation of both
medical institutions and the State Univer-
sity be brought about, in the course of time
Indiana would have a school equal in many
ways TO the magnificent Michigan institu-
ton at Ann Arbor. In addition to excellent
courses In literature, both English and the
romance languages. science and art. as are
now provided. the State University would
afford the opportunity TO students OF secur-
ing n medical education equal TO that which
vantage would be the saving of time to stu
dents who wish TO take both a literary and
medical course Now il takes from seven to
eight years TO accomplish their ambitions;
under the consolidation il could be done in
four.
Attempts have been made In the past to
consolidate the State University with the
medical schools, but they were not favor
ably received. The outlook at this time is
more promising.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
COMPANIES INCORPORATED.
Several New Concerns That Will OPP
crate i'm This State.

Articles of incorporation We're filed with
the secretary of state yesterday follows:
Home Light and Water Company, of
Bloomfield. Capital stock. $4,000. Incorpor-
ators: Ernest II. Digger. Robert IL. Dug
ger and John c. Gilliland.
Corona Remedy Company. of Indanapo-
lis. CAPITAL stock. $4,000. Directors: l.. B.
Davis, w. w. Griffin and E. j. Haywood.
Brummitt Mercantile Company, of New
Carlisle.s CAPITAL stock, $4,000. Directors:
NJ. L. Brummitt, A. r. Brummitt and NJ.
+. GoodykoontZ.
William Blackman Floral Company, of
Vanderburg county. Capital stock, $500.
Incorporators: William Blackman, George
H. Blackman and Edward Blackman.
Magnet Glass and Oil Company, of Con-
verse Capital stock, $4,000. Incorporators:
John F.. Rodefer, of Elwood. and r. NJ.
Patterson and John w. Ambrose, of Con-
verse.
Rockport Harness and Saddlery Com
pany, of Rockport, Spencer county. Capt.
tai stock. $500. Directors: Charles NJ.
Houghland. John G. Rimstidt. James A.
Payne, r. = Crowder and Frank C. Kin
caid.
The Homestead Loan and Investment
Association, of Indianapolis, filed a certifi-
cate of an issuance of capital stock to $780,.
600. This is an increase of 100000.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
STORIES OF THE TOWN.

Rosy Posy wheeled Baby Brother up
and down the porch, up and down, with
a frown on her face, and resentment in her
heart For seven years she had been the
only idol and joy of her parents heart,
until suddenly, without warning. arrived
Baby Brother to become member of the
family apparently TO the delight Of every
one except little Rosy Posy herselfA In
fact, she was of opinion that he occupied
much more of the time and affection of
Father and Mother than the facts war
ranted. Only that morning Rosy Posy had
said, DO you love me. Mother?" and
Mother had said, sweetly, II love both OF
my children" reply which seemed highly
unsatisfactory The idea of comparing the
limp little mortal who lay in the carriage
to a grown-up girl like herself who could
read in the First Reader, dance the sailors
hornpipe. do bead work and was possessed
of other accomplishments too numerous to
mention, was an insult which ranked. And
now she was compelled to push the little
wagon up and down while Mother and
Bridget were making jelly I'm the kitchen.
and the outside world was fairly scream
ing at her to come out and play. Her
arms ached. "Wisht l hadn't any little
him away off somewheres." At this point
there came floating through the shrubbery
tho voice of Laura Louisa, her bosom
friend who lived next door Come. go
with us. Rosy Posy; were going TO the
Drifting Asylum" A moment of hesitation.
and Rosy Posy, false 10 her trust, toll.
lowed her chum into the carriage. and. ac-
companied by Laura Lousas aunt drove
up College avenue for a visit the Orphan
Asylum. Rosy Posy watched the children
on the lawn and in the schoolroom without
particular interest. Then they came to
the babies ward. Here were twenty-four
little blue. canopied beds, each one holding
a tiny baby. Ii was supper time. and the
ba bies knew il. and each one was crying
Justify, while white-capped nurses FASTENED
from one TO the other fast as possible.
Rosy Posy approached one little crib and
raised the coverlid. Horror of horrors. 1t
was her own baby brother There could
be no mistake. She IL all plainly
While she had left him alone and unpro-
tected on The porch, someone had stolen
him. Had not her mother often said that
he was the prettiest and smartest baby
in Indianap polls? or course the Orphan
Asylum had wanted him. She became
aware that Laura Louisa's aunt was weep
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
RECEIVES LIFE SENTENCE
JAMES ANDREWS CONVICTED OF
MURDER OF DOC LUNG.
1t Required but Day and a Half to
Try the Case-Other News of
the Courts.

Murder in the second degree, imprison-
ment In the Indiana State Prison for and
during his natural life," was the verdict
returned yesterday by the jury against
James Andrews for killing Doc Lung. the
Chinese laundryman. Judge Afford said it
was the>shortest murder trial since he has
been on the bench of the Criminal Court,
requiring but day and a half to try
the case. Judge Afford concluded his in
structions to the jury at p. m, and short
ly before o'clock the jury filed into the
courtroom with the verdict.
The prisoner was brought over from the
Jail by Turnkey KimbaI and when Clerk
Brown read the verdict his expression did
not change. If the sentence was a surprise
his manner did not show it. Last night at
the Jail Andrews said: IL am as innocent as
a baby of that crime. and would rather
have been hanged than sentenced for
life"
When Sheriff Metzger takes Hoover. who
was sentenced to death week before last
for a like crime, and Andrews to the North
ern Prison IL will be the first time In the
history of Marion county that two men
have gone together with sheriff, one to
suffer death, the other life Imprisonment.
Attorney Fred Sheets repeated his re-
quest yesterday morning that the jury
be permitted to view the premises where
the crime was committed. Judge Afford in
structed the jury to accompany Bailin
Mendenhall to the shop on Indiana ave-
nue., where Doc Lung was found with his
neck severed by cleaver the morning
or May 4, 1902 The jurymen inspected the
shop and the alleys and streets in the vi
entity. The object of the defense in asking
this unusual step was to show the incon-
sistency in the confession of Ollie Sanders,
the chief witness for the State. 1t was
claimed that he could not have seen the
things he testified TO had he been at the
corner as stated.
cutor Charles Benedict began his argument.
He was followed by John Rawlins. who
spoke briefly, and Fred Sheets, who made
a strong argument for his client. Attorney
Newton Harding closed for the State.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
ALL CREWS ARE READY.
Finishing Touches BEING Put ON the
Crews at Poughl<eepsie.

POUGHKEEPSIE. n. Y, June 23.--Ihere
was another steady cold rain to-day, but
u did not prevent the practice of the col
lege crews Coach Courtney says the Cor
nelians are as ready to race now as they
ever will be- The may be said of the
Columbia and Pennsylvania varsity Fights
and both of the Wisconsin crews, but CO.
lumbia's newly boated freshmen. Pennsyl-
vania's freshmen. Georgstowns varsity
and both of the Syracuse Fights will be
worked assiduously up to the very last min
ute because their coaches feel there is still
room for Improvement in form and speed.
With only two days remaining for the
hnal rounding up OF forces and putting the
finishing touches on the crews the coaches
of all six colleges agree that the coDtinu-
ance of the present miserable weather will
interfere with the work yet to be done.
While showing the general anxiety of the
traineIs as TO the weather, Mr.. Ward was
more perturbed to-day the action of
the board of stewards in declaring Drayton,
of his freshman crew. Ineligible TO row.
The Quaker freshmen and varsity four
rOwed four miles this evening, the young
sters being sent two miles at top speed TO
enable the coach to judge whether Barrett
or Smith was the best man to put in the
boat.
The Cornell eight came out for evening
practice looking fresh as the depressing
weather conditions would permit. They
padded up stream the freshmen waiting at
the two-mile mark for the varsity to come
down from the starting line. Courtney held
the only stop watch the boat the
crew tore down the course. At the two
mile point the freshmen picked them up and
held a lead of a length to the bridge, where
Coffin, the varsity stroke, squared his jaw
and hit up the stroke to thirty-five. Half
a mile from the finish the boats were on
even terms. and when Courtney shouted
Let her rum the varsity were a length
80 the good, lacking yard.
Mr. Hanlon said to-day that the hard
work of the Columbia men is over and that
he will give them no more time trials.
The Georgetown crew probably feel the
unreasonable weather more than any of
the others, because they have had warm.
dry weather in Washington. The change
has affected them slightly. but Coach
Dempsey does not think they have deterio-
rated to the slightest degree.
Coach O'Dea. of Wisconsin, had the
launch Queen City out once to-day. That
was In the morning. when he sent out the
freshmen and four for two-mile scrap in
which the former won by big margin,
while the varsity eight looked on from
fha lar
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
HIGHER COURTS RECORD.
SUPREME COJRT.

2oos6 T; n & L. Railway Company VS..
Salmon. Clinton c. c.. Affirmed. Monks
c. Affirmed upon the authority of No.
1906. decided at this term.
20040. Gardner VS.. Board of Commission
ers. Knox c. c. Reversed Hadley, j.
The decision of a township trustee as to
whether an honoraby discharged soldier is
entitled to be buried at the expense of the
county is conclusive and binding upon the
county in the absence OF fraud and collu-
sion.
1865 indianapolis Street-railway, Com
pany VS.. Wilson. Johnson c. c. Petition
for rehearing overruled. Jordan, IA
transfer ticket furnished by a street-rail-
way company is not conclusive evidence be-
tween the passenger holding il and the car
rier. but is subject to explanation by the
passenger at the time he presents 1t for
passage.
aO9l. Eek rel. Maxwell VS.. Dudley. Suln-
van c. c. Advanced and oral argument set
for Oct 3, 1903
1926 Irwin VS. Rushville, etc, Company.
Rush c. c. Order of transfer set aside and
case recalled.
1883 Branstrator VS.. Crow. Allen c. c..
Motion TO dismiss overruled.
Minute
1858. Charles w Branstrotor, adminIstra-
tor. ct al. VS.. Frances T.. Crow ct al. Allen
c. c. Appellants brief on motion of Cath
crime Branstrotor TO dismiss (s.) Motion of
Branstroter to dismiss overruled.
BOOTS. The Muncie Pulp Company VS. J.
Harve Koontz Henry c. c. Appellants
reply brief 4)
20l0l. William III. Helton ct al. VS.. Amelia
Fastn9w ct al. White c. c. Appeliees'
brief o.
New Suit
20l50. Ida Bushnell VS.. William Bushnell.
Wells C. c. Record Assignment Of errors
Notice to Clinton County.
APPELLATE COURT.
43l7. Spencer VS.. Spencer. White C. c..
Affirmed. Robinson, &. il Any judicial
proceeding the object of which is to avoid,
defeat, evade or deny the force and effect
of a Judgment or decree Is either a direct
or . collateral attack upon the Judgment or
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
Probability of N Strike.

Two hundred union planning mill workers
probably will go a strike to-day IL their
demands for higher wages and shorter
hours are not granted. The companies
which will be most affected by the strike
are the Indianapolis Manufacturers and
Carpenters Union, the Foster Lumber Com
pany and the Eldridge Planning Mill Com
pany. The mill workers have asked Cor an
increase from % to 80 cents an hour as the
minimum rate. and they want a nine-hour
day. time and half for overtime and
double time for Sundays and holidays
They also demand that the union label be
put on all products turned out by union
men, The demands have been sanctioned
by the Carpenters District Council. The
companies have notified the men that they
cannot grant the increase and the changes
in hours asked.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
Attempt to Collect Insurance.

An order from Judge Seaman in the case
of Ann E. Murphy against the Mutual Fund
Insurance Association was filed in the Fed
eral Court yesterday in which the demurrer
was overruled by the court. The action Is
brought by Mrs. Murphy. widow of John
Murphy, who died July 10, 1900, on an insur-
ance policy for $4,000 on the life of her hus-
band. The attorneys for the claimant re-
late that all the legal assessments had been
kept up by Mr.. Murphy and that other as
sessments claimed by the company on the
policy had been raised TO such high rate
in order to cause Mr.. Murphy and others to
drop their insurance. and that this was so
evident that when the auditor of state was
complained to in 1898 he Immediately barred
the company from doing business in the
State. They further show that when Mr.
Murphy joined the association he was
charged $2l3 a year. but this later was
raised to $500 $4,000, the face of the pol
icy. He refused to pay this exorbitant
premium, but paid an amount that they
consider legal. The large assessment, it is
claimed, was illegal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
John Ii. Heistand Released.

Gen. John B. Heistand. the Incorporating
old gentleman who was placed under arrest
several days ago for attempting to defraud
the German Orphans Home of this city out
of 1871 by presenting the institution with a
check for 81. O00 which he said had been
willed to it by rich st. Louis woman and
istrator OF the estate, was released from
custody yesterday morning and his case
was dismissed by Judge Whallon, of the
Police Court.
1t was thought for a time that Heistand
was crook for whom the police in vari-
Gus parts of the country had been looking
for some time. but on investigation 1t was
found that the suspicious were ungrounded
and the aged man was released on his
promise TO go to. his home in Springfield, ILL.,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
THE COURT RECORD.
SUPERIOR COURT.

SOPERIOR COURT.
Room John l.. McMaster, Judge.
Jeanette Cummins VS. William Davis;
account. Cause dismissed without costs.
James Titus VS.. John Newman ct al; on
account. Finding and judgment for plain
tiff defendants for $11S.55 and costs be-
court.
Room 3-vinson Carter. Judge.
Mary A. Young VS.. Corydon r. Sinner;
breach of promise. Judgment on verdict for
$1,000 and costs.
wuIschner Music Company vs. Alfred
Hoburg; note. Taken under Amusement
CIRCUIT COURT.
Henry Clay Allen, Judge.
Less II. Sutton VS.. M. w. Brattain. Sub
mitted to court. Finding for plaintiff. Judg-
ment VS.: defendant for sSS 81 and costs
Less NJ. Sutton VS. Charles P. Taylor
Judgment VS.. defendant for $l9.04 and costs.
Less M. Sutton VS.. George w. Taylor
Submitted to court. Finding for plaintiff
In the matter or the application
of William III. Davy. Submitted to court
In the matter of the application of James
Hoop. Submitted to court.
CRIMINAL COURT.
Fremont Afford. Judge
James Andrews; murder On trial
by jury. Evidence heard. Argument heard;
Jury out. Jury return verdict of guilty of
murder In the second degree and that he be
imprisoned in the Indiana State Prison for
the rest of his natural life.
NEW SUITS.
George w. Baker VS.. Roseheman; me-
chanic's lien. Superior Court, Room 3.
Oscar F.. Mann VS.. c. M. ToOn; chattel
mortgage. Superior Court, Room 2.
Laura Blanche Buschman VS.. The Union
Trust Company; contest of will. Circuit
Court
The City Bond Company VS.. Charles II.
Boyer ct al; complaint on improvement
lien. Superior Court, Room 2.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
Estate Did Not Equal Request.

In suit TO contest will filed yesterday
by Laura Blanche Bushman against the
Union Trust Company the plaintiff alleges
that the tostatrix. Dora r. Settegast, was
of unsound mind at the time the will was
executed By the terms of the instrument
So DO was given to the Union Trust Com
pany. the interest from which was 10 be
used for the support and education Of a
grandson, Charles SEVERN. and when he be-
came OF age 5000 of the amount was 10 be
given him The plaintiff says that as a mat
ter of fact the entire estate was only s.. 500
and she has been deprived OF any interest at
all in the estate OF her mother.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

A portrait study OF unusual excellence
and faithfulness. both OF execution and
likeness. Is on exhibition this week in the
II Lieber store The portrait is that OF
Senator Albert j. Beveridge and is the
work OF Mr.. T. C. Steele. Mr.. Steele was
commissioned TO paint the picture by the
Chicago Post, and IL Is intended for the edf-
tcrial rooms. The portrait Is life size and
represents InjiaEa's Junior senator in a
standing attitude. one hand resting on n
table and the other hanging by his side.
The treatment OF the head and shoulders Is
suastexly. and, though the drawing Of tho
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

rest of the figure fails somewhat. the por-
trait is q commanding one. The artist has
caught a characteristic expression of Sem
ator Beveridge, familiar TO those who see
him frequently-the concentrated gaze OF
the eyes. the firm line of the mouth. the
general impression of alertness and poise.
The flesh tints are exceptionally good and
the portrait Is. as a whole. an admirable
one. and one which most indianapolis resi-
dents should be interested in seeing.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

The sinking fund commissioners will
meet next Tuesday afternoon. at o'clock,
TO receive propositions from banks and
trust companies for the handling OF the
city's sinking fund for the fiscal year be-
ginning July l. IL Is desired that the bid
ding be limited to institutions within the
CITY. The Central Trust Company nos
handles the fund and pays per cent in
terest for the privilege.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

Governor Durbin has honored a requisi-
ton issued by the Governor of Missouri for
the return of James Money, who is wanted
for assault and battery with intent to kill.
Money is under arrest at Mount Vernon,
Posey county.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

Following is the list of corporations as
sessed by the Board of Review at its ses-
sion yesterday:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24

On the golf links drink OF Cooks I'm
perial Extra Dry Champagne will improve
your playing wonderfully.