davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06

cloud upon plaintiffs title. 2. Plaintiff cannot
cause a cancellation of a lease without alleging
that he is the owner Of the land affected by
such lease.
1903. Mulky VS.. Kassell. Monroe C. c. Re-
versed. Roby, il. The right of a vendors
perfect legal title, nor is its conveyance to the
person making the purchase essential thereto.
2. The execution OF a note for the unpaid pur-
chase price of real estate presupposes a con-
creates and sustaips a vendors lien. 4. The
remedy for a defective statement, in a COM
plant, Of a material fact is by motion to
make more specific and not by demurrer. 5. A
general assignment of the evidence of a debt
incurred by purchase money carries the lien
force the same.
5O4I. Boyd VS.. Keesling. Boone c. c. Affidavit
and notice for publication rejected.
asa. l. & V. Railroad Co. VS.. L. & NJ. r. T.
ruled.
1855. Stutsman VS.. Stutsman. Elkhart C. c.
Transfer to Supreme Court denied.
5o4s. Winfield T. Durbin ct al. VS.. Northwest
ern Scraper Company ct al. Delaware C. c.
Appellants petition for leave to amend assign
ment OF errors and notice for Nov. is. Appel
lants' petition for certiorari and notice for
1918. Mary A. Boord vs.. Allen Boord ct al.
Fountain c. C. Appellees' BRIEF t)
1896. Charles r. Knowlton VS.. John w. Smith.
Jay c. c. Appellants brief 81
1903. Robert A. Parkison, treasurer, VS.. Simon
p. Thompson. Jasper c. c. Appellee's brief 81
New Suit
5o51. Cincinnati, Richmond & Mruncie Railroad
Company VS.. Eddy X shera ct al. Randolph
Notices % below. Appellants brief for super
sedeas.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
HIGHER COURTS RECORD.
SUPREME COURT.

20l23. veneziani VS.. Morrissey. st. Joseph C.
Tentatively show that bills of exceptions were
filed with the clerk after being signed by the
judge in order to bring them into the record.
Minute
2O171. State Of Indiana VS.. George HOFFMAN.
T.ppecanoe c. c. Record corrected.
COURT
4517. Krise VS.. Wilson. Upton c. G. AZ
frmed. Robinson, c. 1.-THE nature Of an &C.
character and scope of the pleading. 2. The
substantive facts pleaded. and not the prayer
for relief nor the name given TO the action by
the pleader. determine the nature OF the cause
of action; but where tn. prayer Tor relief is
consistent with the facts pleaded IL is proper
mine the nature and character OF the action.
3. Where. under the facts pleaded in different
paragraphs OF complaint, the Only question the
court is authorized TO try is the title to land
1t is proper TO grant a new trial as OF right.
frmed. Black. 1.-THE grantees OF a person who
dies intestate may maintain action against the
in his deed when the estate OF said decedent
has been settled and the heirs received their
distributiye share Thereof;
nrmed. Wiley. III. The intention of the tesla
tor. II II can be ascertained. should control in
constituting a will. and In such construction ef-
testator. as far as the same may not interfere
with the established rules of law. 2. Where a
tate and by a subsequent item in his will says:
1T is my will. and / do so direct. that the
proceeds OF such sale, after the payment OF
and expense of administration, shall be d.
vided equally" between certain parties. 1t is
legacies bequeathed and the expense OF admin
istration shall be paid out OF the proceeds OF
the sale of the real estate.
Reversed. Henley, jim an action TO quiet
title to real estate plaintiff must show title In
i n1mSea. ADVERSE sna 10 plaiintin' or that s ANN Claim nn
defendant may have Is COMPOUNDED and Is .
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
RELIEF FOR BELT ROAD
AGITATION FOR BUILDING OF An
OTHER LINE FURTHER OUT.
Important Meeting of CENTRAL Passen-
ger AssOciation-The c., III. & ID.
and Monon's New Trains.

A movement Is on foot looking to the
construction of an outer belt railway, TO
relieve the congestion on the existing Belt
road. The same parties are behind the
new enterprise that own or at least control
dianapolis has grown to such an extent
and so many industries have located on the
line that it has been decided to be imprac-
ticable to build two additional tracks adj
joining the present Belt Railway. The land
for such addition would be expensive. 1t
would injure the business OF some Of the
manufacturers located on the line of the
Belt road, and ground for the new track
could be purchased two or three miles
farther south of the present tracks. That
something must be done, says a railroad
official, to relieve the present tracks Is al
ready settled, as, in addition to the through
business. there Is the business of the stock
yards and the switching from the Belt
tracks to the numerous Industries located
on the line, which more or less delays
through business. The intention of the
protectors, or at least agitators, Of an
other Belt road farther out, TO be known
as the Outer Belt Railroad. will probably
take definite form in the near future. The
new Belt road would be entirely for through
freight around the city. striking the rail-
roads crossed at least two miles farther out
man the present Belt. the growth OF
traffic on the Belt has been a surprise to all
persons Interested. 1t was the first Belt
Railway ever built and has proved of so
great benefit TO the roads that at many
important centers belt roads have been
constructed of late years. The present Belt
road has been in operation about twenty
five years. handling from 1900 to 5000 cars
per week. the number now reaching from
10000 to $500 per week. In addition, the
company does all switching to the in
d~ustries, packing houses and cerealine man
ufactories, all Of which receive hundreds OF
cars daily
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
PROPOSALS.


Sealed proposals will be received at the office
Of Treasurer Marion Branch. N. II. ID. ". s.,
National Military Home, Grant Co. Ind, until 1
o'clock p m. November n. 1893, and then
crened. for furnishing and delivery OF supplies.
remodeling water closets. painting barracks,
etc. in accordance with instructions and specih-
cations. copies OF which. with blank proposals
and other information, may be had upon applica-
ton 20 inc. q. ADAMS, Treasurer.
PROPOSALS. FOR EQUIPAGE SUPPLIES
Chief Quarterrlaster's Office. Chicago. ILL.,,
Nov. 3. 1908 Sealed proposals. in triplicate.
will be received at this Office until IL o'clock
noon, Monday. November %. 1903. for delivery
ct either Chicago. Philadelphia. Boston or San
Francisco depots. OF mattresses. pillows. mat
tress covers. bedsheets. pillow cases and card
holders. conforming TO existing standards and
specifications. Government reserves right TO re-
1ect or accept any or all proposals or any part
thereof. Preference given TO articles OF domes-
tic production or manufacture. conditions OF
quality and price 0ncluding In the price of
foreign productions and manufactures the duty
thereon) being equal. Particulars and blanks
for proposals Will be furnished upoa applica-
ton Envelopes containing proposals TO be in
dorsed Proposals for Equipage Supplies" and
addressed TO Lieut.. Col. w. II. MILLER, Dep
uty Or. MIR. General. L.. S. Army. Chief Quar-
feruaSfer.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
CURES FROM MORPHINE HABIT.
Scope Of the Work Done by Interde-
Ominatfona Committed.

The INSTRUMENTATION committee of
New York. which has for its aim the cure
OF victims addicted to the drug habit. has
gard to recent cures, 1t is stated that four
OF these were members of the Medical
County Society; two were ministers sons.
Two were on the point of committing sui
eide: two had attempted it. In two cases
their wives had forsaken them and friends
deserted them. One was a professor I'm a
medical college; another had charge of the
surgical department in one OF the leading
hospitals In the county. One was taking
thirty grains of morphine and thirty-five
grains of cocaine hypodermically daily, was
reduced to a skeleton, and had 10 be kept in
bed. He had spent all his means and also
sacrificed his wife's jewelry in a f~ruitless
search for deliverance. He was restored
to perfect health in mind and body, re-
gained his flesh and has resumed MS prac-
tice. Another was taking thirty grains OF
morphine daily and was walking the streets
he came to the office Of the secretary of
the committee. was carefully examined
by the physician in charge, and having
been cured, was restored 10 his profession.
During the treatment he gained thirty
pounds and his general appearance was so
improved that he was scarcely recognized
by his friends. Two other physicians had
dents of the State medical societies. one
Of these had held a very responsible and
lucrative position in this city. The others
They had lost all through the use of the
drug. One of them was visited by the sec
rotary of the committee while in the insane
asylum. He was cured by the treatment
and resumed his practice.
The committee earnestly urges all those
who wish TO make a wise investment Of
their means TO kindly look into the merits
of the work in which IL is engaged. There
is a great and urgent need OF funds with
which to cure the poor at home without
publicity. The members OF the committee
receive no compensation for their services,
nor do they expect any There is also a
great need of a home for those who require
special treatment A prominent physician
who has witnessed the success OF the treat
ment provided by the committee. say that
no money ever given 10 benevolent pur-
given In this direction. All contributions
should be sent TO the treasurer. w. w.
Westervelt. % Pine street, New York city,
elder In Dutch Reformed Church. All in
formation may be obtained from W. N
Richie, d. D., l56 Fifth avenue, Room, Oil.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06

A nation spoke to a nation
Concerning a boundary line:
1.-THE rivers and bays and inlets
And the mountain peaks are mine:
The maps and the records prove IL,
As everybody knows,
But we'll aTbitrate the matter"
Said the Lady OF the Shows.
Neither with sword nor cannon
Should settlement be made.
Soberly and as neighbors
Let US have the question weighed;
Not in the heat OF anger,
Not through the force OF blows,
But calmly and as Christians"
said our lady or the SHOWS
NJ speech shall be straightforward.
My mother shall judge between US,
Hearing what each shall claim:
What she decides shall be final.
We will furnish the world a lesson
Said Gu Lady OF the Shows.
She sent her chiefs TO council.
A smile was upon her face;
With her mother TO cast the deciding vote
II looked like a simple case.
Thinking hers the advantage,
She was glad OF the course she chose;
''We'll abide by the courts decision
Said Our Lady OF the SHOWS
Garry the word to my sisters.
To the nations east and south:
Tell them how Peace and Reason
Have plugged up the cannon's mouth"
Then came the courts decision
out OF the stiffness rose
A screech that was full OF anger
From Our Lady OF the Shows.
A nation spoke to a nation:
What you claimed is all your own;
BY all maps and records
Your rights are clearly shown"
"Had dreamed that such a decision
Gould follow, do you suppose"
That l would have arbltrated?
Walled the Lazy OF the SHOWS
Chicago Record-Herald.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
THE COURT RECORD.
SUPERIOR COURT.

GIh4Ol SOOAN
Room flames NJ. feathers, Judge.
The Udell Works VS.. the Oral Advertising
Corporation; suit for receiver. submitted to
court on claims of David Fair. Evidence heard;
and 1888 as preferred claim.
II. Lille Mackey vs.: Ben l. Webb; note, SUB
plaintiff for $50 and costs. without relief. Fore
closure and sale of property ordered; =. 81.
Anna Mason VS.. Laura L. kothenhoier Ct al
suit on note. On trial by court.
Room 3-vinson Carter. Judge.
Daniel w. Butcher VS.. City of indianapolis;
salary. Judgment on verdict against defendant
Henry j. Telcamp ct al. VS.. City of Indian
apolls; Injunction. Temporary injunction mace
W. O. Mize VS.. James T. Barnett ct al: dam
ages. On trial by court.
RCU COURT.
Henry Clay Allen. Judge.
Calvin /. Fletcher VS.. William S. Harper's
Estate. Submitted to court. Allowed for s225
Margaret Montgomery VS.. orvil Montgomery.
ubmitted to court. Continued until Saturday
c. N. Maeseever VS.. Winfield. S. Harper's
Estate. Dismissed for want of prosecution.
'I Iniennati agalni su iiain1sns and Loan Association
VS.. Norman S. Byram's Estate. Submitted to
court.
Fremont Afford. Judge.
James Rusher; petit larceny. Defendant with
draws his plea OF not guilty and enters a plea
OF guilty. f1leQ VI anu COSlS diiu SculcNCcu I
sixty days IN the workhouse and disfranchised
sixty days.
Mamie Hantz; assault and battery. On trial
by court. Fined 81 and costs.
Henry Grimm; burglary and grand larceny.
Defendant arraigned and pleads not guilty to
both counts.
Walter snepp: grand larceny. Defendant ar
raigned and pleads guilty.
James Johnson; assault and battery. Defend
ant withdraws plea of not guilty and enters a
plea of guilty. Fined 81 and costs and sentenced
TO ninety days in the workhouse.
NEW SUITS FILED.
Mary Iasillo VS.. Mathew Iasillo ct al; COM
plant for support. Circuit Court.
Theresa Tower VS.. Harry X. Tower; divorce.
Superior Court, ROOM. L.
Robert Thomas VS.. Statson Noble ct al; fore
closure. Superior Court, Room /.
Flora Cornelius VS.. George Cornelius; divorce.
Superior Court, Room z.
George Williams VS.. indianapolis Traction and
Terminal Co.; complaint for damages. Superior
Court, Room 2.
Nelson T. Wells VS.. John c. Hart ct al; fore
closure. Superior Court, Room 3.
Thomas Hulsizer VS.. James M. Blair ct al.
foreclosure. Superior Court, Room 3.
Mcnamara Roster Foundry VS.. Indiana Baling
Machine Co..; complaint on account. Superior
Court, Room 3.
Cl,ford Greene VS.. Hattie Greene; divorce.
Circuit Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06

p. s. Lilly & Stalnaker ar,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
INDIANA UNION TRACTION CO.

Station. Magnolia building. corner Kentucky
avenue and South Capitol.
For Anderson, Muncie, Marion, Alexandria.
Elwood and Upton and intermediate stations,
leave 4:l5 a. m. and each hour thereafter until
9:15 p m. and HIS u. m.
Limited trains for Anderso1 and Muncie. ar
irving in Anderson in l hour and % minutes and
Murcie in 2 hours. leave at Sand IL a. m. and 2
and 5 p. m. The IL a m. and ) p. m. trains
make direct connection at Anderson with linn
tied trains for Elwood.
Express Department Consignments received
until u O'Clock noon for delivery, same day, to
all points between indianapolis and Muncie; un-
Ill 8 p. m. for delivery 10 all points before .
son. Alexandria. Elwood. Upton and Marion.
Trains for Noblesville. Upton and intermediate
points leave the station. corner Of Kentucky and
Capitol avenues. at 6:15 a m and each two
hours thereafter until 1O:B r.. m. Returning
those trains leave Upton ut 5:15 a. m. and
each two hours thereafter until s:l5 p. m.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
Deaths.

Charles Henry Domroese. 104 Weat Arizona
street, aged seventeen, tuberculosis
Samson VI. Huston, III Emerson avenue, aged
seventy-sevtn. nephritis.
Mary Z. Roberts. city. aged forty-three. death
b. arsenic.
Eliza c. Hendricks. so North Merriam street,
aged seventy-nine. paralysis.
Dorothy p. Foster. $50 Stilwell street, aged
three years. p%hlebitis.
Martin Roth go Bicklng street, aged one
year. acute Kastro-enteritis-
}. F. Gedig, $50 Lincoln avenue. aged one
Alice Renick, 80 South Pennsylvania street,
aged forty-three. pneumonia
Donald Benham, Eleanor Hospital. aged six
months, insnition.
Georgia F. Walters. 94 Chadwick street. aged
fourteen. heart failure.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
To Put on New Trains.

The Cincinnati. Hamilton e. Dayton and
the Monon yesterday put on two entirely
new trains of the highest standard between
Chicago and Cincinnati via indianapolis.
The Monon trains were built at the Jeffer-
sonville car works and the c., H. & d.
trains by Barney. Smith & Co.. Dayton, o.
They will consist of four cars. a baggage
car. a gentleman's car, a ladies' coach and
a dining and parlor ear combined, all to be
v~estibuled and finished to the highest
standard. These roads were the first to put
on completely equipped vestibule trains,
and they have held the prestige in that
respect since that time. Their old trains
We're among the finest. TIL passenger
business of these lines. 1t Is stated, fully
~justifies the expense and puts an end to all
talk of annulling the friendly relations
which exist between the Cincinnati. Ham
ilton e. Dayton and the Monon. Probably
no passenger line in the country makes
better time for the distance covered than
do these, and none are more exempt from
accident than have these trains been in
the past.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
NDIANsPoLIs ~ MARTINsVILLE
RAPID TRANSIT CO.

waiting room and station. a. Kentucky avenue.
EITst car leaves from In front or No. AZ KEN
,rrky avenue Tor Martinsville and intermediates
sSations at $50 a. m. and every hour thereafer.
- the hall hour marx. Until go u. m. The
s.o n. m. car runs only 20 MO0rcsyille. The S0
80 INNS TO Martinsvllle and the next and l.st
car leaves ct hSo p NJ running 10 Martins
leaving Nartlrsyille FOR Indianapolis and in
,ernoedlaIe stations. nrst car at $50 a. m. ana
&c., hour thereafter, ON the toTty-mlnute mars
ontti s4O d. m. The 7.f9 y. IA car runs only 70
sIooresyflle, the S.i0 car TO Indianapolis and the
next and last car leaves at l0.to. running 70 In
ANNAPOLIS
cars leave Mooresvtlle for Indianapolis and
Martinsville at $50 a. m.
Express car arrives at Indianapolis at z4s
n m. and departs al $40 a IN: also arrives AZ
lAs D. m. and departs al $40 p. N.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
INDIANAPOLIS & EASTERN ny. CO.
GREENFIELD LINE.

General ofhces. Franklin building. An canp
depart from Meridian and Georgia streets.
Time Table Effective Sept. 3. 1903.
Fer Richmond. New Castle and ntermedia. "a
stations. Passenger cars leave on the following
hours: 6:57 a. m. 1851 a IN. 1851 a. m. r. 81
~ M 2a55 p. m, 457 p. m. except sunday.
when cars leave every hour from e.55 a. m until
For Greenfield. Knightstown and intermediate
stations. Passenger cars leave: First car at
s.ST a IN. and each hour thereafter until g5z
= m. Next and last car leaves at u.l5 u. m.
Coordination passenger and express cars leave
at 5.5T a. M, 7:57 a m, 1l.5I a. m. 1851 u. m
Freight Cars
For Greenfield and intermediate stations only.
Arrive al $50 a. N. and leave at . a. m. Also
-. az go u. m. and leave al $3.50 %. m
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
Letter to MIR. w. l.. Higgins
INDIANAPOLIS, Ind.

Dear Sir: A good many people will see
your house in the course Of the next ten
years. We want 1t to show what Devoe
Ready Paint will do. We should like you to
paint it, and then not paint it again for ten
~years-unless it needs repainting.
We'd like such a sample as that IN every
town in the c~ountry-with a notice about it
in the town paper: Mr.. Higgins's house
was painted ten years ago with Devoe
Ready Paint, and has never been reprinted.
The color is not so bright as 1t was; but the
paint is as perfect a coat as ever, to keep
out water"
A good lead and oil job is expected to last
three years; ii Is a good one that lasts three
years: 1t generally does not. Devoe Ready
Paint lasts twice as long, If mott
IF you have any fault to find with this
paint, either now in putting 1t on, or here
after in the wear, tell your dealer about itt.'
w authorize him TO do what is right at
our expense"
We want your house as a sample, and
you as a witness.
Yours truly,
f. w. DEvOE e. CO.
p. S. Lilly & Stalnaker are Devoe agents.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
LEGAL ADvERTIsEMENr.

Is hereby given, pursuant TO
the statute. that the undersigned, conducting
q public storage house. will, on Morday. Dec.
.. 1903. sell at public auction. at $50 Z. Wash
fngton street, the lots OF household goods, etc,
OF Henry BTockbach. William Bradley, Iron
Acid Mineral Water Co. Carrie smith. Mr.
Bennett. Jerry Williams. II. NJ Bradley, Z. p.
Miller. Miss Over. Mr.. johnson, j. A. Rich
ards Mrs. Taylor. George COssage. Mr.. Hunt.
NJ H. Tuggle and Mr.. Dicks. to pay the stor-
age charges due thereon. said goois having
been In storage for more than one wear and
charges unpaid. SHANK FURNITURE n
%.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
BUTCHER MUST BE PAID.
Time Allotted to City in Which to File
an Answer Expires.

Judge Carter, of the Superior Court, yes
terday overruled the motion of the defend
ant for a new trial in the suit of Daniel
Butcher against the city of Indianapolis to
collect back salary due him.
Butcher, who was a city policeman, was
discharged from service with eighteen other
members of the force during the Taggart
administration on the charge of "winking
and congregating." Butcher brought a test
case to recover salary, which the city held
back, and obtained a judgmen before Judge
Carter for $lS5.13. The defendant then filed
a motion for a new trial and was given sixty
days to file an amended answer, which 1t
failed to do in the allotted time. The tim
expired yesterday, and the court ruled on
the motion.
According to the ruling made yesterday all
the policemen that were discharged with
Butcher can recover their back pay. The
aggregate of the salaries due amounts to
nearly $4,000.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
TO BE TRIED FOR MURDER
CASE OF FRANK DAVIS HAS BEEN
SET o NOV. IL.
Negro Slew an Old Soldier After
Quarrel i'm n Barrel HOuse-TeIe-
phone Case i'm Federal Court.

A special venire of thirty men has been
called in the Criminal Court for 3 o'clock,
Nov. II. to try Frank Davis, colored. on the
charge of murder.
Davis met William Collins. an old SOL
der. in Sig Schoen's barrel house or
Virginia avenue, on Sept. 10, and after
taking a good many drinks together an
alteration arose between them as to who
should pay for the drinks. Collins left the
place and was followed by the negro. who
struck him and knocked him to the ground.
Collins, in falling, hit the curbstone, frac-
turing his skull. He died a short time
later.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
NOTICE 10 HEIRS. CREDITORS, ETC.

In the matter OF the estate OF Edward d.
Martin. deceased.
In the Marion Circuit Court. November term.
190e.
Notice is hereby given that Sarah Martin.
as executrtx OF the estate OF Edwan. IL. Mar
tin. deceased. has presented and nlei her ac-
count and vouchers IN hnal settlement OF said
estate and that the same will come up for ex-
animation and action OF said Circuit Court on
the zist day OF November. 1903. at which time
all heirs. creditors or legatces OF said estate
are required 10 appear IN said court and show
cause, II any there be. why said account and
vouchers should not be approved. And the
heirs OF sail estate are also hereby required.
NJ the time and place aforesaid. TO appear and
make proof OF their hclrship.
r. MARTIN.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
Decision in Notre Dame Case.

The Supreme Court yesterday affirmed
the decision of the lower court in giving the
defendant a judgment in the libel suit of
Charles Veneziana, a former teacher at
Notre Dame, against Andrew Morrisey, an
officer of the college. The trouble between
agreement as TO the amount of salary due
the former, and it was alleged that the col
lege officer said some uncomplimentary
things in a letter he wrote to the former
teacher.