davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19

C. c. Reversed. Black, il. To create a
trust by a conveyance the trust must be ex-
pressed in the instrument or by a reference
therein to some other writing so that the court
ascertain, without resort to parol evidence the
character of the trust, to which end the benefi-
ciary should be named or indicated. g. A con-
tract made in compliance of the statute of
frauds and being within the same cannot be
orally modified.
4935 Miller VS. Julian, Cass c. c. Motion to
set aside order granting appellee additional time
to file brief sustained.
1905. Brown VS.. White. Marion s. c.. Petit
ton for rehearing overrued.
1916. Henderson VS.. Ashley. Marion S. c.
Leave granted to amend assignment Of errors.
1911 ". Y, c. & St. L. Ry. Co. Martin
Fulton c. c. Extension OF time to file brief
s'''i'''' "ppe Minutes
1885, Henry n. Miller VS.. William A. Julian.
granting appellee additional time. etc. order
1899 Glens Falls Insurance Co. VS. George
w Michael ct al. Cass c. c. Appellees' reply
1915. Toledo. ST. Louis & Western Railroad
peIlants reply brief (S0
4s17. Toledo. st. Louis Western Railroad
Co. VS. Henry n. Parks Grant s. c. Appel
1912 Southern Indiana Railway Co. vs. An
drew J. Fine Lawrence c. c. Appellee's mo-
ton and notice to assign cross-errors.
1889 George s. Green VS.. William McGrew.
Huntington c. c. Appellants reply brief 81
Martin sullivan. Randolph C. C. Appellants
ASST. Standard Pottery Co. VS.. Corwin e.
Moody. Clay c. c. Appellants reply brief O.
of De Kalb county. De Kalb C. C. Appellants
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
Bowling, Basketball, Cycling
SIX-DAY RIDERS ALL
MADE HAPPY BY CASH
Something Like $4,000 in Prizes
Divided Among the Success
full Cyclists.

NEW YORK, Dec. 1s.-Close to $4,000 was
paid out to the competitors in the recent
six-day bicycle race by Managers Kennedy
and Powers at the Bartholdi Hotel.
The nominal prizes TO the teams were dis
tributed as follows: Walthour and Munroe,
$500: Leander and Butler, $1,000; Floyd
Krebs and Peterson, $50; Bowler and
Fisher, $780, Newkrk and Jacobson, $3.50:
Contenet and Breton, $50, and keegan ana
Moran, 800.
In addition to this all the riders who
participated in the race got their training
expenses and every one OF them received
bonus for each day they remained In the
race None of the riders went unrewarded
for their hard work.
The French competitors had all their ex-
penseS paid for their trip to America and
received an extra bonus for coming over.
The entire expense of running OF the
great race will foot up close to $4,000. The
receipts have been estimated at about SyO,-
600 On this subject the management is dis
creetly dumb, as the Madison-square Gar
den people share in all the profits with
Messrs Powers and Kennedy.
Big Jim Kennedy said yesterday that the
race was worth about 5000 to Walthour
and Munroe. counting the profits from en-
gagements they have made as result or
winning the contest. Most Of the American
six-day riders will take part in races at
Washington and Baltimore in the near
future
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
III. T. Fl. S. GIRLS TEAM
SCORED BUT ONE POINT
Shortridge Girls Five Won Well
Earned Victory by Score
of 10 to 1.

The Shortridge girls basketball team
yesterday afternoon won a well-earned
victory over the Manual Training High
School five by a score of 10 to 1 in the
German House gymnasium Fully five
hundred enthusiastic spectators cheered
every good play and the building resounded
with the yeiIs OF the two schools. The in
terest was intense. as the Shortridge play
ers scored point after point in the final pc
Rod, the yeIls OF the Shortridge delegation
became stronger, while the red and white
supporters weakened.
Captain Louise Hupp and Rachel Baker
starred for the blue and white. Miss Baker
scored all three of the goals from field for
the Shortridge team. Louise Schulmeyer
and Elsie Leachman did the best work for
the Training school five. The game was
exceptionally clean, considering the speed
of the players. Lineup and summary:
Shortridge Position. M. T. H S.
Rachel Baker,. Forward L. Schulmeyer
Alma Krause Forward IA. Grothaus
i. Hupp, (capt.).. Center &c. Emmerich
E Taggart. Guard E Lchm' n (capt)
Grace Philputt Guard Lois Brown
Score-Shortridge, 10; Manual Training
High School. l. Goals from field-Rachel
Baker, g. Goals from foul-Louise Hupp, 8;
Alma Krause, i: Louise Schulmeyer, i.
Umpires- Raffensperger and Pritchett. Ref
eree-Kelly.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19

TOPICS IN THE CHURCHES.
Sunday School Lesson and Christian Endeavor Work
another and unexpected agonizing JOLT Tn
Queen was no palace-car tourist.


Fame is a Godlike gift. BY means OF IL
man projects himself through space and time to
remotest lands and latest periods. There is a
sense in which the famous man never dies. His
influence is immortal. Dead. he yet speaks.
His works follow. That is reason why the
judgment cannot take place until the end of
time. final reckoning cannot be made until
ones influence has run 10 its uttermost possible
limit Did Solomon, with all his wisdom, know
this? Do the famous men of day?
The Queen of Sheba is the ideal searcher after
truth. Her eye fixed on the prize. Time.
balance. None of these things moved her. The
things she wanted to know were in her heart.
She was like the modern postgraduate, who
crosses the seas to submit list Of questions TO
an Old World university professor at fixed
price per question. She nothing daunted
by the splendor of Solomon's court. She was
ingenious and earnest. She paid the price
cheerfully, and to the last penny. Such seekers
finders, 1900 A. d. or 1000 B. c.
Jesus has a spiritual empire on earth to-day
that, in its moral excellence. surpasses by far
the material splendor of Solomon's famed capt.
wisdom. love and power. Every soul should
start on quest for Him. No obstacle should
impede. Pay Jesus price. 1t is infinitesimal
compared to what one obtains. OF all teachers
He only say: THE words that / speak
unto you. they are spirit. they are life. speak
truth. am truth" Hear we Him.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
HIGHER COURTS RECORD.
SUPREME COURT.

1925 State ex rel. Commissioners vs. Flynn
Tippecanoe c. c. Affirmed in part and reversed
in part. Jordan il Demurrers to pleadings
admit as true only such facts as are well pleaded
county clerk upon his bond arises ex contractu
and the b0ndSmen cannot be held liable beyond
obI,xStion is strictissii jurs and cannot be
extended by construction or implication 3. The
mere fact that the cour, uniawfuIy makes al
iowances for the clerk in preparing hand dockets
will not authorize an action against the bonds
and paid by the treasurer L. court has the
power TO employ the county clerk IL necessary
for the use and purposes OF the court and to
allow him a reasonable compensation for such
nenses s. county may maintain an action
upon the bond of its clerk for money collected
as ices wnaGn me a9es not account for
6. BY Section ia of the fee and salary Jaw OF
Es1 70 the per diem allowance in attepSip
the sessions OF court in person or by deputy,
for his own use and not for the county.
eOl4s Studebaker Board of Commissioners
Wells c. c. Affirmed Downing. J.-No appeal
lies from an order OF the Board of Commits
of the G s,st public M.d ditch
Aa3rmed. Jordan, ITO present a Question
upon the ruling Of the lower court in denying a
Ia Se Upon s r BE taken Wbc to the
seeks To have reviewed and also to the oyerrul-
ing Of the motion for new trial
lant's motion for certiorari postponed until the
further order OF the court
qOss5 Charles Eaton State OF Indiana
Gibson c. c. Appellants brief 50
aO2OI The Aetna Life Insurance Co et al. VS.
Jacob Stryker. Pulaski c. c. Appellants
"' aoiss, James Hoof VS. Thomas Afeck ct al.
Marion c. c. Appellees' brief (sD
2OlSS. William II. Davis Thomas Affieck
et al Marion c. c. Appellees' brief 80
APPELLATE COURT.
452s Union etc, Co. VS.. Loughmiller. Floyd
G. C. Affirmed. Roby. il Where a benefi-
ciary in an insurance policy brings action
,,non the same and bases her right upon a con-
dition in the policy which she claims has been
REFORMED she assumes the burden OF proof and
Is entitled open and close the case 2 To
entitle q party 10 new trial on account of
newly discovered evidence due diligence OF the
marty asking IL must be shown and the evidence
must not be cumulative
45ss Board OF Commissioners VS.. Redifer.
Putnam C. c. Affirmed. Comstock, il. The
question OF msjoinder OF causes OF action must
be raised by demurrer that ground alone.
? Unless an improper remark 10 the jury by
counsel may have unjustly influenced the jury
the cause will not be reversed for that alone.
g. motion for new trial and that the vsr-
diet be set aside must be good TO all inter-
ested therein or IL will not be well taken.
&6ga Christian vs.. Highlands Huntington
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
PLAY TWO NEW MEN
AGAINST Y. M. 6. n.

The Manual Training High School team
will practice In the Y. NJ. c. A. gymnasium
this afternoon TO round off the ragged
edges for the game tonight with the fast
Y. M c. A five. Captain Louis Bohnstadt
said he considered the prospects of the
team as rather shaky for a victory tonight,
as 1t will have two new men in the contest.
CASTOR and Diddle will play guard posi-
tions in the first half. but probably will be
taken out for the final period. as their
wind is not yet in first-class shape. The ten
points which are conceded by the Y. NJ.
c. A team to the other three teams in the
city league will greatly assist the black
smiths in their efforts to tab a victory
The two teams will play the following men
tonight:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
RY[AND PRATT WILL
RESIGN AS CAPTAIN
He Has Never Recovered from an
Injury Sustained Early in
the Season.
GIPE MAY SUCCEED HIM

Capt Ryland Pratt, Of the Shortridge
basketball team, will resign his position
to-day. Pratt was injured in the contest
against the Wabash College team, which
was played at Charlottesville early in the
season, and has been out Of the game since
that time 1t is improbable that he will re-
cover from his injuries for some time ana
is resigning. as he says. 'for the good OF
basketball and the Shortridge team"
Walter Gipe. who is soon TO be elected 10
the captaincy of the Shortridge 1904 foot
ball team, probably will be elected to take
the place left vacant by the withdrawing
Of Pratt from the game. Captain Pratt Is
for Gipe and will resign in favor of the lat
ter. Mckinney was mentioned as candi-
date for the captaincy when it became
known some days ago that Pratt would
resign, but as he is sure to be elected to
the place next season it is improbable that
he will be chosen to-day.
The ShOrtridge team practiced IN the y
NJ c. A gymnasium yesterday and the
first team walked away with the second
five Gipe and Shank did not report owing
10 a misunderstanding and their places on
the first tesm were filed by two of the sec
ond team men,. Alex Taggart played CEN
ter on the second team and rendered valua-
BILE assistance. The teams lined up as fol-
lows
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
Keeping Late Hours.

Helen w. Cooke. NJ. D., in Good House
keeping.
confident that this one thing undermines
more nervous systems than have any
idea of. 1 believe IL every one would make
il a rule 10 be in bed by 10 O'Clock nervous
breakdowns would be greatly reduced.
Keeping late hours is largely a matter OF
habit We get accustomed TO sitting up I'M
til IL even u. perhaps. feeling that il we
go 10 bed earlier we either will not go to
sleep promptly or will awake early the next
morning. This might be for time but IL
would not be long before the habit OF early
retiring would be established and we should
have Just so much more stored-up nerve
force for each days work. We must think
of our nerve force as bank account which
we want to keep adding to. using only the
surplus and leaving the principal intact
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
CHRISTIAN ENDEAVOR.
A Vision of Worldwide Peace-Isa.

ri, Go, 9-6.
The vision of peace that Isaiah saw has been
ever since by all of earth's Hottest spirits
Julia Ward Howe. who sung THE Battle Hymn
of the Republic" has also sung in her old age:
Let the crimson flood retreat
Blended In the of love
Blind the raven, loose the dove.
Binding passion Is subdued
God hath made of kindred blood
All the peoples of the earth.
And yet the vision of peace. after all these
centuries is still far from being realized. The
annual cost Of the armies of Europe maintained
in time of peace is $1,000 900. and the annual
payments for interest debts and other
expenses growing out Of past wars is an equal
amount.
million dollar bills would make a pile 275
feet high. These two items in the cost of war
would heap up a pile of dollar bills los miles
high
This enormous price of folly continues to be
paid. In the one recent year, 1900, nearly a
thousand million dollars was added to the war
debt of the world. The year before the Spanish
war the United States paid for pensions more
than SAT 900. O0O-seven times the income of all
colleges. single battIeship. it has been
said, costs as much as all the ninety four build
ings of Harvard University; the battleship is
likely to be sunk in a moment in time of war,
and degenerates constantly in peace so that
new battleships must continually built at
cost rapidly increasing. AS Longfellow sung:
Were half the power that fills the world with
terror,
Were half the wealth bestowed on camps and
courts,
Given to redeem the human mind from error.
There We're no need OF arsenals or forts.
The worst cost of is in character. Young
men are taken at the critical period of their
lives and placed in an unproductive employment,
often in the midst of temptations to evil that
destroy their souls This even when there is no
Vulnerable parents children. sisters wives,
passes all comprehension.
1t is astonishing that the world should have
waited all these centuries TO find better way,
but the day of peace has dawned. In 1901 a
permanent International court of arbitration
was established at The Hague Twenty-one of
the leading nations of the world are there rep
resented. In 1902 all the South and Central
American countries asked for admission to the
court. Already IL has entered upon it's great
work, the first case to he tried being difficulty
between the United States and Mexico. There
is a strong movement in the United States
in favor of adding to the international court an
international congress.
Trust in Loves armies! though silent as heay'n.
They are sworn to defend;
Put up thy tiny sword in its sheath! for behold.
Thy foe is thy friend.
AMOS r. WELLS
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
ORCHARDS ORGANIZE
BASKETBALL TEAM

The Indianapolis Orchards. a basketball
team composed OF Shortridge athletes, was
organized yesterday. and will play as free
lances during the balance OF the basketball
season. Games will be arranged with the
two local high schools, Butler College, the
German House and Y. NJ. c. A. Four of
the members OF the newly organized five
are Shortridge monogram men, who have
won the honor OF wearing an So in some
athletic events. Jesse Cline is manager of
the team and Hezlep Clark is captain
Clark was captain of the Shortridge foot
ball team and Cline capita med the second
eleven. The team viii lineup as follcws
Jesse Cline and Paul feathers, forwards
VIII Palmer, center, and Clark and Conner
guards.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
TIN PLATE MERGER.
Further Details of the Consolida.
ton Recently Announced.

PITTSBURG, Dec. 1s.-Announcement is
made to-day OF further details regarding the
consolidation of the American Tin Plate
Company and the American Sheet Steel
Company, which is one Of the most i'm
portant features In the retrenchment move
ment started by the big corporation.
The headquarters Of the united concerns
will be in Pittsburg. All business Will be
transacted by the American Tin Plate Com
pany and the will probably be
changed to the American Tin Plate and
Sheet Company. George G.. McMurtry,
whose resignation as president of the Sheet
company was handed in about month ago,
will be chairman of the board of directors
President w. r. Graham, of the Tin Plate
company, will continue in Office and will
have real charge of the business Of the COM
DanV.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
SIX ARRESTS FOR THE
COLUMBUS SHOOTING
Woman Who Fired on Asa Foster
Held for Assault with Intent
Fosters Condition.
Special to the indianapolis Journal.

Special to the Indianapolis journal.
COLUMBUS, Ind, Dec. B.-Weber
Smith, Irwin Patterson. James Foley and
William Stewart. who were with Asa Fos-
ter when he was shot last night while try
ing to break into the house of Lillian Tull,
and Lillian Tul and a woman named Rus
sell, were arrested in connection with the
shooting All were held for trial and all
gave bond. The Russell woman is charged
with assault with intent to commit muir
der, the others with simple assault.
Foster who was shot through the throat,
the ball lodging in the back of his neck.
probably will recover, unless unexpected
complications set in.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
RECORD OF THE COURTS.
SUPERIOR COTrRT
Room 1-John L. McMaster. Judg,

Room 1-John l.. McMaster, Judge.
Maggie Beck vs. William Beck; divorce. Evil
dence concluded. Finding and decree for plant
if. with custody of minor chidren-Oive, age
six years; and Bessie, age three years. Juds-
City Bond Company VS. Charles TRULY ct al. !;
improvement lien. Dismissed by plaintiff. Costs
Rosa Dickerson VS.. Albert Dickerson; divorce.
Submitted and part Of evidence heard.
Room flames NJ. feathers. Judge.
contract Evidence heard Taken 'i UNDER advise
ment.
James Brown Carlin Lane: mechanic's
Room s-vincent G. Clifford, Judge Pro Ten.
Leon Deefrense VS.. Indianapolis Street-railway
Company; damages Jury returned verdict for
William s. r. Harrington VS.. Citizens Street
railway Company ct al; damages. On trial by
CIRCUIT COURT.
Henry Clay Allen, Judge.
Mary NJ Haynes William Haynes. Sub
mitted to court. Finding for plaintiff. Decree
costs. Piaintiff restored to her former name Of
Mary NJ. Ballard
Nellie Bergman VS.. Catharine Daugherty's Es-
tate. Finding for defendant. Judgment against
Homer Fitch VS. Della Fitch Submitted to
court. Evidence heard in part. Continued until
Saturday, Dec. 49, 1903.
Daniel Pettiford VS.. Jennie Pettiford. Evidence
heard. Finding for plaintiff. Decree of divorce
Judgment against plaintiff for costs.
missed by plaintiff. Judgment against plaintiff
for costs.
NEW SUITS FILED.
Columbia National Bank VS.. A. Carter; suit in
attachment. Circuit Court.
Claude L. Jones Fred w. Wiese ct al ;
complaint for damages Circuit Court.
The American Boiler and Sheet Iron Company
the Pettis Dry Goods Company ct al; fore
closure. Superior Court Room /.
Adela V. Boice ct al VS.. Adolph Schleicher
Company; suit for possession. Superior Court.
Room 2.
Otto Mccall vs. Indianapolis & Martinsville
Rapid Transit Company; complaint for damages.
Superior Court Room 2.
Charles Mayer VS.. Indianapolis Traction G.
Terminal Company; complaint for damages. Su-
perior Court, Room
Harrison Bros. & Cor Frank ]. Davenport:
suit on account. Superior Court, Room /.
Sarah ]. Pattison VS.. Louis Kamnsky ct al :
foreclosure Superior Court. Room ..
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
Echo of Traction Wreck
in Suit for $4,000 Damages

The indianapolis & Martinsville Rapid
Transit Company has been made defendant
in $4,000 damage suit brought by Otto
Mccall. a conductor in the employ Of the
defendant
Mccall alleges that on Aug. 2. when his
car reached Mooresville. he was given
orders by Henry L. Swartz superintendent
and dispatcher OF the road. to proceed south
over the line. In obeying orders Mccall
ran his car south and it collided with an
other Of the defendants cars at Newby's
switch. two miles and half below Moores-
Vile. Mccall was badly injured about his
spine and back
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
Deaths.

Ellen Eliza Williams. 2s Woodruff Place sew
enty- four years. cerebral hemonhage.
Freda Michefelder ll02 East Ohio street, four
months, commissions.
Samuel Petty West Tenth street, cancer
Lena Hupker. lis Wisconsin street. thirty-nine
years. typhoid fever
George Reed, 1902 Spann avenue. fifteen years
congestion of stomach and bowels.
Marvellous Sheridan. 2os Addison street. six
days, hamilton.
Dewey Hubble. ST. vincents Hospital. menin-
gifts
Mrs. Ruany Pangborn. Temple street, eighty
eight years, glaucoma-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19

The Oski-Wow team of the January. 1904,
class at Training School, won its first game
of the season Thursday by defeating the
Orientals. II to 2. This team has greatly
improved in the last few weeks by constant
practice at the gymnasium of School 40
and 1T expects to win the remainder of the
scheduled games. The lineup is: Miller
and Riggs, forwards; Pleschner, center;
Emminger and Holt, guards. In short
time il will play the Manchus, who claim
the school championship.
The latter frat desires games with any
club in the State. For games address Roy
Newhouse, 1923 Stewart street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
THREE HOLD-UPS BY
THREE MASKED MEN

KNOXVILLE, Tenn. Dec 1s.-Three
young white men, masked, committed three
hold-ups here tonight. They first entered
the Office of the Proctor Coal Company,
and, after in vain demanding that Book
keeper Murphy open the safe, knocked him
In the head and robbed him. Later they
shot and instantly killed Corbin White at
the corner of Broad and Central streets,
in North Knoxville, and robbed him. The
third robbery was on Clinch street, where
Charles Rodgers, society leader, was shot
in the leg. Rodgers escaped from the high
waymen.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
TWO MEN AND Il BOY
IN A BURNING MINE
No Hope of Rescuing Them Until
the Fire Burns Itself Out.

HOUGHTON. Mich. Dec. 1s.-The Isle
Royale mine is burning fiercely and trapped
north of the burning shaft in Level IL are
two miners and a drill boy. About 140
miners who were working in the shaft es-
capped, some of them being brought up by
rescue parties. Air Is sent into the north
drifts in hope that the imprisoned men may
reach a point in the workings to which the
gas from the flames cannot reach. They
cannot be rescued until the fire burns out
and there Is little hope for them.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19

Mrs. Maria Jackson, wife Of Dudley II.
Jackson. secretary-treasurer of the Denison
Hotel Company, accompanied by John S.
Duncan, her attorney. met Judge feathers
by agreement at $50 Thursday night at
the courthouse and obtained a decree of d.
vorce from her husband. Mrs. Jackson
told the court that her husband was Of a
quarrelsome disposition and had cruelty
treated her. The petition for divorce was
filed a short time before the hearing and
the case was hurried through. Mrs. Jack
son is the daughter of Col. L. c. Elston, a
prosperous banker of Charlottesville, and
q niece Of Mrs. Lew Wallace and Mrs
Henry 8. Lane.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-19
CROSS COUNTRY RUN
FOR THE TRACK TEAM

Captain Frank j. Doudican, of the Short
ridge track team, issued call yesterday
for a cross-country run which will be held
this afternoon. The athletes will start
from the Central-avenue bridge at o'clock
and will follow the Millersville pike for
three and one-half miles, returning TO the
starting point. The following men have
been asked TO report: Gipe, Shank, Mi
chaels, Patton, Steep. Saltmarsh, Boyle,
Mckinney, Schoen. Connor. Aronson, Aller-
dice, Adler, Joseph Cline, feathers, Nc
Laughlin, Schiller, Adams and Wocher.