davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
TRIAL NEARING ITS END
ARGUMENT IN THE HOOVER CASE
HEARD BY JUDGE AFFORD.
The Case VIII Probably Go to the
Jury by Noon TO-Day-Other
Local Court News.

On the part of the State Deputy Prose
cutor Charles Benedict began the argument
in the case of William Hoover. on trial in
the Criminal Court for the murder of Frank
Sutton. his father-in-law, on May II. He
recited all the details of the crime as
brought out in the testimony. He de-
nounced the prisoner in the most scathing
terms and sought to convince the jury that
the State had shown. beyond any reasona-
BILE doubt that the crime was premeditated.
Judge Afford allowed each side three
hours for argument and the case will not
go to the jury before noon to-day. Attor-
ney Hendricks will conclude his argument
in behalf of the defense this morning, after
which Prosecutor Ruckelshaus will sum
up for the State.
Deputy Prosecutor Benedict contended in
argument that there was no indication Of
insanity on Hoover's part until four days
before the crime was committed that the
mental unsoundness, if any existed, came
at the same time as the determination to
commit the crime.
Charles McGroarty began the argument
for the defense when court was called at
2 o'clock in the afternoon. He dweh on
the strange action of the defendant pre-
vious to the crime, asserting that his client
was insane. Family troubles, he said, had
resulted in loss of his reason. He said the
State had entirely failed to prove premed-
itated murder.
Attorney S. d. Stewart. of Noblesville,
who is assisting in the prosecution, fol-
lowed for the State. He read from several
cases bearing on insanity as a defense and
in a forcible manner discussed the evil
dence. Frank Hendricks then began. the
closing argument for the defense, which
he will conclude this morning. He made
a strong appeal for his client, pointing to
numerous actions of Hoover and insisting
that he was insane and therefore entitled
to an acQuittal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
FOR SEVEN new STREETS
BOARD OF WORKS WILL RECEIVE
BIDS IN SHORT TINE.
Painting Contracts Awarded by Board
of Safety and Five Substitute
Firemen Appointed.

Seven new streets are TO be opened within
the next six weeks. Plans have been COM
pleted in the city engineers Office for the
new thoroughfares and have been filed with
the Board OF Public Works for its approval
The spccifica tons for the work will be
prepared at once and bids will be received
at the Office OF the board within six weeks.
The new streets are Thirty-sixth street.
from Northwestern avenue TO the canal:
Congress avenue, from Bryan street to
Northwestern avenue; Twenty-iifth street.
from Talbot avenue to Central avenue;
Washington street in Irvington, from Maple
street 10 Arlington avenue; Dearborn.
street. from Twenty third street to Roose-
Welt avenue; Lincoln street, from East
street TO the fifth alley east of East street:
Dearborn street, from Tenth 20 Nowlin.
The expense of building these thorough
fares will be many thousands OF dollars,
and one of the peculiarities OF the situation
is that the cost, for the most part, will be
borne ny property owners who do not live
within miles of the property TO be i'm
proved The streets, some of them, will
run through new additions. the Armstrong
Park plat being one, where there are no
residents, the lots being owned by persons
living In other parts Of the city. The
streets will have gravel roaoways.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
CRITICISM OF GOVERNOR.
Il In Claimed that Eclectics Had No
Foundation for 1t.


Z At the Governors Office yesterday excep-.
lions were taken to the criticism by Dr.
j. d. Mccain, president of the National
Eclectic Medical Association, OF Governor
Durbin for failing to appoint a representa-
tive of the eclectic school to the State
Board of Health. Mr.. Lockwood. the Gov
ernor's secretary, called attention to the
fact that the Governor does not have the
sole appointive power in this case, but that
the appointments are made by a board
composed of the secretary of state. auditor
and the Governor. Again, the law does not
require that the members of the board shall
be physicians. but merely stipulates that
the board shall elect secretary who shall
be a regularly qualified physician. Mr..
Lockwood also stated that the retiring
j. H. Forrest. Of Marion. would probably
have been reappointed had he indicated
desire to remain on the board.
DR.. Mccain yesterday repeated his criti-
cism OF the Governor. and said he would
still stand by IT. although he admitted he
who had the appointment of the members
of the board. Last night the doctor said
that while the Governor was only one OF
three to make the appointments. he believed
the Governor could have controlled and did
control the selection OF DIR. Forests sue
TO ignore the eclectics. and did not want to
reappoint Dr. Forrest, he should have called
on us to suggest man for the place" said
DIR. Mccain.
No action was taken by the national asso-
citation In criticism of the Governor, or in
indorsiny the criticism made by the presi-
dent and IL said last night that the
association would not take up the. matter.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
NATIONAL GUARD CAMP
FIRST PRELIMINARY ORDER OF AD-
JUTANT GENERAL WARD.
The Encampment VIII BE Held mt the
State Fair Grounds from July
20 to August 3.

Adjutant General Ward yesterday issued
the first preliminary order. calling attention
to the encampment Of the National Guard
of the State. The order is in four para
graphs, and Is as follows:
1.-THE annual camp of instruction of the
Indiana National Guard will be held at the
State fair grounds, near Indianapolis, from
July 26 TO Aug. >.
Commanding officers of companies will
put their commands I'm condition to move
via routes and at hours to be hereafter
designated.
The general order covering the details
incident to the encaIapment will be held
In allegiance until a final decision is had
from the-secretary of war pertaining to
the application of the recent militia law
passed by the last Congress.
Company commanders will bring their
commands to the highest stage of efficie-
cy attainable and recruit their companies
as near as possible to the maximum pre-
scribed by law
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
BOARD OF WORKS ROUTINE.
FINAL ASSESSMENT ROLLS


Gravel roadway in Morris street. from
Wright street to McKernan. ]. Harry Rob-
erts, contractor.
Cement walks in Bridge street from
Nordyke avenue 10 first alley south of
Silver avenue. ]. Harry Roberts. contrac-
tor
Gravel roadway ard cement walks in
street. j. Harry Roberts, contractor
Local sewer In Arsenal avenue, Vermont
street and alleys east and west OF Sturm
avenue Marion County Construction Com
pany.
Cement walks, brick cutters and curb.
in Louisiana street. from Virginia avenue
TO East street. 7. Z. Kane * Mitchell.
FINAL ASSESSMENT ROLLS REFERRED
TO THE ENGINEER.
Flint rock macadam roadway. brick gut
tiers. cement walks and curb, I'm Lockerbe
street, from Noble street TO Liberty street.
American Construction Company, contrac-
tors.
PETITIONS FILED AND REFERRED
TO THE ENGINEER.
For brick roadway i'm the first alley east
of New Jersey street, from Market street
10 Ohio street.
Nineteenth street, from Meridian street to
the alley lIO feet east OF North Meridian
street.
For permission TO construct under priv
ate contract a temporary board driveway
In front OF 2304 North Capitol avenue.
PAPERS ORDERED.
For cement walks and curb in Capitol
avenue, from Thirty-sixth street 10 Thirty
eighth street
FINAL REMONSTRANCE REFERRED
To THE ENGINEER.
Against Improvement resolution No 90.
1903. Flint rock macadam roadway brick
cutters and curb In Roosevelt avenue from
Gale street to Brightwood avenue.
RESOLUTION ADOPTED.
Cement walks. approach walks and sod
ding In Woodlawn avenue. from Virginia
avenue to East street.
PLAT APPROVED.
Hollywood Place, being a subdivision of
Lots and I'm Robson * Voorhees, addi-
ton in the southeast quarter OF Section 5,
Township Is north. Range east In Ma
rion county. Indiana.
BONDS APPROVED AND CONTRACTS
AWARDED.
In behalf of T. r. Kane Construction
Company, National Surety Company, for
$3.50 for grading and graveling the road way
and cement walks in Holton place. from
Senate avenue to the first alley west OF
Senate avenue.
In behalf Of T. r Kane Construction
Company. National Surety Company. in the
sum of $500. for cement walks and curb In
Twenty-seventh street. from Illinois street
to Meridian street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11

A Plea of Abatement Filed by His At
tOrney in Federal COurt

A plea of abatement was filed yesterday
by Attorney Samuel ID. Murphy in the dam
age suit of William V. Rocker against the
Chicago. indianapolis & Louisville Railroad
Company Ell al. which was filed In the Ma
plea is to have the case carried TO the Fed
eral Court on the ground that the Superior
Court has no jurisdiction. since the defend
ants and plaintiff not both residents of
Indiana. The suit is for $4,000 damages
against the Monon Company for personal
injuries received in a wreck at Cyclone
Ind, on March 10. The Pullman sleeper in
which Rocker was riding. il is claimed was
left standing on the main track and was
struck by q fast train. wrecking the car
and injuring Rocker. He alleges that the
collision was the result of neglect on the
part OF the railroad officials.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
HE GIVES TWO OPINIONS
GENERAL MILLER AN
sWERs QUERIES OF THE AUDITOR.
Pay Of Tax Ferrets Must BE Fixed
by County COmmissiOners-Spe.
cial Judges Pay.

Attorney General Miller yesterday SUBJ
mitted opinions TO State Auditor Sherrick
on two very important topics. One was in
relation to the State paying part of the
fees due tax ferrets and was given in re-
spouse to the following written query from
the State auditor:
Has the board of commissioners of a
county in Indiana the right to make
contract with ferret to collect taxes
on sequestered property, agreeing to take
a per cent. of the taxes collected and used
to bind the State of Indiana to pay this
per cent. upon the taxes collected and due
the State on these various funds?''
In response to the query the attorney
general says: The taxing officers of the
county. by our statute, are made agents
of the State to collect the taxes due the
State and pay them over to the proper
officers. Their powers are limited by stat
ute and they have general or implied
powers. Ii Is the duty of the proper officers
State. If it's officers fail I'm their duty and
the commissioners employ some one TO aid
them in the performance of their duty.
who shall pay their compensa ton is a cues,
ton between the commissioners and the Of
ficers who are thus assisted Whether the
board of commissioners. in the exercise of
OF the affairs of the county, can bind the
State by such a contract as you suggest
has not been determined by any final de-
cision Of our courts, and In the absence of
any such construction, IL is my opinion
they have no such power"
The other opinion submitted by the at
torney general was In response to the fol-
lowing question: lis there any law an
thorizing the State OF Indiana to nav the
per diem OF special judges of the SUPERIOR
Courts?"
Section 40. Burns's X. s. 1901 pro-
vides that when judge is called upon tn
preside in the place of the regular Judge he
shall be allowed the sum OF So day for
the time actually served the attorney
general writes. 1T provides that this
amount shall be allowed upon proner
showing. and paid out of the. county treas
ury for the time being, and that the
county shall have credit on settlement with
the State; that the auditor shall deduct
the amount so paid to such special Judge
from the salary OF the regular Judge ex-
cept when such special Judge is called
to preside in cases change of yenue
or when such regular judge shall have a
pecuniary interest In, be party TO or
be related TO any party TO said suit by
blood or marriage, or may have been of
counsel in any such cause pending or NAV
be absent on account of serious illness OF
himself family This section of the
statute" the attorney general continues
lis not made applicable TO circuit judges
alone. and. in my opinion, applies 10 SUI
perior judges well. the greater DOR
ton of the salary at least of a superior
Judge Is paid out OF the State treasury
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
THE COURT RECORD.
SUPERIOR COURI

SUPERIOR COURT.
Room 2-Vincent Clifford. Judge Pro TEN.
Mature Krause VS.. Gideon Drake; account.
On trial by court.
Room S-vinson Carter, Judge.
Alice G. Dickey VS.. Indiana shepperd;
Samuel E. Perkins VS.. Bailey Brown; APP
peal. Dismissed and costs paid.
Edward III. Schrader VS.. Catharine Kruge
ct al; foreclosure. Dismissed and costs
Sarah z. Yaryen VS.. George W. McCas-
lin; note. Finding and judgment against
defendant for $l05.50 and costs.
Henry Mag vs.. John c. Kerr ct al; con-
tract. Finding and Judgment against de-
PENDANT John c. Kerr for $50 and costs
Decree of foreclosure.
GsRe and sand aa Whit
Plaintiff dismissed cause. Judgment against
plaintiff for costs.
wuschner Music Company VS.. Alfred Ho-
berg; note. On trial by court.
CIRCUIT COURT.
Henry Clay Allen, Judge.
c. Ehrlich Coal Company VS. F. NJ White
Evidence heard. Finding for plaintiff.
Judgment against defendant for s4l5.49 and
costs.
Union Trust Companp VS. Roman Boicum.
Dismissed by plaintiff at cost of estate.
Joseph Lieb VS.. Union Trust Company.
administrator. Dismissed by agreement at
cost of estate.
CRIMINAL COURT.
Fremont Afford. Judge.
State Edward Hoover; murder. On
trial by jury. Evidence heard and conclud-
ing argument heard
NEW SUITS FILED.
Walter Howe VS.. John s. Ralston; note.
Superior Court. Room q
Minnie Barnett. by next friend. Ella K.
Barnett, VS.. The Indianapolis Traction and
Terminal Company ct al; damages. Su-
perior Court, Room 2.
Ella Il Barnett The Indianapolis
Traction and Terminal Company; damages.
Superior Court. Room g.
F'riederika Kierdorf VS.. Jacob Kierdorf;
divorce. Superior Court, Room /.
Eva S. Hansford VS.. Charles Hansford:
divorce. Circuit Court.
Alice III. Mullen VS.. Hugh Z. Mullen; di-
vorce. Circuit Court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11

Charles L. Banta and Benjamin White
side, agents for the l.. d. Abbott Company.
of Chicago, who were arrested on Tues
day charged with obtaining money under
false pretenses, were released by Judge
Whallon, of the city Police Court, yester-
day morning, 1T being shown that they
were acting in good faith The complaint
against the men was entered by Earl Wine,
a boy living at 425 Hudson street. He
claimed that the men offered him salary
TO sell books for them and demanded 1915
as deposit for the prospectus of the book
which he was TO sell. He paid the 1915 and
later, deciding that he did not care to sell
books, demanded his money back and was
refused. The money was returned TO the
boy in the Police Court and the men were
allowed to 60.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
MERCHANTS AT COLUMBIA CLUB.


Merchants are discussing proposition
made by w. II. Messenger that employees be
given Saturday every week as whole hol-
iday. The matter was brought up at din
ner OF the Merchants Association at the
Columbia Club last night The suggestion
has met with some favor. but many of the
business men are in favor of closing at 8
o'clock during the week in the summer.
and giving Saturday afternoons as hair
holidays. Mr.. Messengers plan liz 10 have
all stores close Friday night and not reopen
until Monday morning. He suggests that
pay days be shifted from Saturday to Mon
day TO meet the requirements of the plan.
He does not think that receipts would fail
off If stores were kept open late Friday
nights during the summer months.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
WILL BE TAKEN TO vINCENNEs.


Thomas McDermott. who was arrested
in 81. Louis some time ago, charged with
embezzling several thousand dollars from
the Henry c. Smither Roofing Company,
of this city, of which he was foreman. by
selling roofing material that should have
been used on contracts. and doing the
work with the least amount he could pos
sibly use. was taken from the county jail
yesterday afternoon and reslated at the po-
lice station by Detectives Colbert and
Hauser McDermott will be taken TO VIM
cennes. where he will be tried for his al
legged crookedness. as IL is said positive
evidence of his thefts has been secured
against him there. In the meantime he
Is being held here as a fugitive from JUS
tice.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
CONN ANSWERS LEVY.
Lengthy Reply Filed to the Cornetist's
Heavy Damage Suit.

A bulky bundle Of papers containing the
answer of Charles G. Conn was filed in the
Federal Court yesterday in the libel suit
brought against him some time ago by
Jules Levy. former agent and tester Of
his comets. Levy, who has reputation of
no small fame as a cornetist brought suit
against Conn because the latter discharged
him and published in an Elkhart paper an
article entitled Trumpet Notes." which
Levy charges was libelous matter. Levy
had a ten-year contract with Conn at a SAL
airy of $4,000 year, but the latter dis
charged the cornetist before the expiration
of the contract.
The answer of Conn contains lengthy al
legations as TO the character of Jules Levy.
Conn admits publishing such an article as
the Trumpet Notes. but says 1t was true
in every respect, and was printed simply to
explain the relations of the company with
Levy. The answer also charges Levy with
dishonesty and negligence In his work and
an Indebtedness of $4,000 to the company,
with outside debts aggregating $4,000 more;
that he was dissipated, profane, overbear-
ing and aged beyond the power of valuable
services.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11

Probate Commissioner Walker admitted
the will Of James L. Poore to probate
yesterday, except the part in which the
erasures and changes had occurred.i In
deciding the matter he found cases in point
in Massachusetts and Pennsylvania re-
ports. None, however, bearing directly on
the question in point could be found in the
Indiana decisions.
The will is that Of the old man found
Monday in an clubhouse with bullet
through his brain. 1t was filed for probate
on that day and since then Judge Walker
has been considering the matter. The
clause obliterated bequeathed property TO
a person by the name of Roads. living in
Kentucky.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11

instructor of Latin. has rendered his res
ignation to take effect at the end OF this
term. He will go to the University High
School. OF Chicago. TO accept similar
position as teacher OF language.
Mr. Scott is well known among Short
ridge school students and has been prom
inent in all branches OF school nfe. being
a censor OF the Daily Echo and connected
with literary and debating clubs. Before
coming TO this city he was a tutor OF Latin
in Indiana University and prior to that
time was a teacher in the Jacksonville,
ILL., High School.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
SUE FOR $4,000.


AS the result of a collision between
street car and c., III. & d. train at the
West Washington-street crossing, suits
were filed yesterday against the railway
company and the Indianapolis Traction and
Terminal Company amounting to $4,000.
The accident occurred on March 2, and was
caused by the alleged negligence Of the two
companies. Ella X. Bennett and Der daugh-
ter Minnie are the plaintiffs in the actions.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
INJURED IN MANHOLE.
Justice Smock Says City Was NegIi-
gent and Rendered Judgment.

Edward Blake was awarded $50 damages
I'm a suit against the city In Justice
Shocks court yesterday morning. The
cause of action was damage done to the
plaintiffs horse while driving along one of
the city highways some time ago. The
horse. 1t was alleged. stepped on a ham
hole In the street which was defective and
broke through. causing the animal TO 60
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
TUTORS OF FESTIVE GAME.
Two Young Men Made Money by
Teaching Boys to "shoot- Craps.

Bicyclemen Morgan and Simons were
called TO the rear OF the Denison Hotel
yesterday afternoon. where they found a
crowd OF boys ranging In age from eight 10
eighteen years shooting" craps. on In
vestigation IL was found that the two old
game and on account OF their superior
knowledge OF the art mad won most OF the
capital OF the novices. Ben Harper, so
Toledo street. and Lee Reynolds. OF Chi
cago. proved TO be the professors" at
least they had the money and were taken
10 the police station where they were locked
np on ioiterin- charge.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
PAINTING CONTRACTS AWARDED.


tutes on the Fire Force.
The police station and several engine
houses are to receive their summer Dress
ing up. The Board Of Safety yesterday aft
ernoon awarded bids for painting the sta
ton. and Engine Houses 20. IA and G. Fer
tig & Keeyers got the job of painting
the police station on their bid of S145.
Muecke & Son will paint Engine Houses
10 and for SO and sl65, respectively. Jen-
kins & Davis have the Job Of painting En-
CINE House IA for $3.50
The board appointed five substitutes on
the fire force yesterday afternoon. Four
Republicans and one Democrat were placed
in line for regular places. They are Alfred
c. Hoare, Democrat and William r. Clune,
c. F. Boyer. Walter w. Foust and o. c.
Trusler. Republican.
The board granted police powers 70 w. r.
Carver, Henry Easter. w. w. Sharpe and
Henry Hanf. Police powers CT r. N.
Shipp were revoked.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
Anxious for a Separation.

Friederika Kierdorf asks to be separated
from Jacob Kierdorf. who keeps a saloon.
She complains that on one occasion he
GRABBED her by the arm and throat and
threw her out of his place of business. She
says that he also kicked and beat her and
that he spends most of his nights away
from home
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
MOORE PAID HIS DUES.


Is Entitled to Benefits.
The suit for $3.50 back benefit fees against
the Brotherhood of Painters, Decorators
and Paper Hangers Of America by Edward
l.. Moore. of Draper street, was decided
in favor of the plaintiff in Justice Nicker
sons court yesterday morning Moore
claimed he was a member of Local Union
AZ, and at all times his dues were paid one
year in advance. During the winter months
when the painting business was dull he went
to work as a brakeman for the l., d. e. w.
Railroad. and during that time was struck
by train and had his leg cut off. The
local union paid his benefit dues, but the
national organization refused to do so.
claiming that he was not employed as a
painter at the time of his misfortune The
court held that as the organization had ac-
copied his money In payment for his dues
they were liable for the amount of dam
ages asked by the plaintiff. Moore, il is
said. has suit pending in the courts for
$4,000 against the l.. ID. & w. Railroad
for personal damages as the result of the
accident.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-11
ne. The question arose as to which side

lame. The question arose as to which side
of the street the mane was driving on, II
being claimed by the attorney for the city
that in order 20 properly sue for damages
the plaintiff should have been on the right
side of the road, but the court held that
IL was negligence on the part OF the city
to allow a defective manhole to be placed in
the streets and gave Judgment for the
plaintiff on those grounds.