davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
HIGHER COURTS RECORD.

1888 1ngle VS.. Bottoms Pike G. G. Re-
versed. Monks, il. When the owner of
real estate leases the same for the pur-
pose of coal mining and the lessee or his
assigns enters upon the land for that pur-
pose he cannot be enjoined from construct
ing railway switch to the mine when such
switch is necessary for its proper opera
ton. 2. Whatever is necessary or essen
tial to the enjoyment of a grant or lease
is also granted, but only such rights as
are necessary to the grant are implied. 3.
A grant of the right to mine and take coal
from the ground carries with it. as a
necessary incident the right not only to
penetrate the surface of the soil for the
coal, but also TO use such means and pro-
cesses for mining and removing the same
from the premises as may be reasonably
necessary; and how much of the surface
is reasonably necessary for the proper
operation of the mine is question of fact
and not of law. 4. A lease must be con-
strued as a whole, and such construction
placed upon ii will render all of it's
clauses harmonious, consistent, reasonable
and just and mutually obligatory in it's
provisions. 3. Exceptions construed
against a lessor and in favor of the lessee.
Minutes
9OO6l Elizabeth Cedar VS.. Katharine
Kimmerly. Vigo s. c. Appellants brief 50
2OO71. James Z. Polk VS.. Grafton Johnson.
Johnson c. c. Appellee's petition to file
additional brief granted. Appellee's addi-
tional brief 49,
APPELLATE COURT.
Minutes
ASS. David Watson VS.. Samuel F. Adams.
Clark c. C. Appellants reply brief (S)
3544. South Chicago City Railway Com
pany VS.. Charles Gerber, ST. Laporte c.
c. Appellants petition for rehearing and
brief on petition.
1926. c., /. & L. Railway Company ct al.
VS.. Marilda A. Martin, Administrative.
Greene c. c. Petition of appellant, Perry
-Buskirk Stone Company, for rehear-
ing and brief on petition.
1927. The c., c., c. q st. l.. Railway Com
pany VS.. Elizabeth Pierce, administrative
Marion c. c. Appellants petition granted.
Thirty days.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
HOME DRESSMAKING HINTS.
By MAY MANTON.
wOMAN'S FANCY WAIST. 4s4

WOMAN'S FANCY WAIST. 1876.
Fancy waists that include bolero effect
and double sleeves are among the latest
novelties shown and promise to be much
worn during the season to come. This very
charming example is suited to both the
gown and the odd waist and to all soft and
pliable materials; but in the original is
made of blue chiffon eolienne, over an
under-bodice and under-sleeves of cream
chiffon, and is trimmed with ecru lace and
stitched with corticelli silk
The waist is made with fitted lining
that closes at the center front and on
which both the under-bodce and the
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
THE COURT RECORD.
SUPERIOR COURT.

Room John l.. McMaster, Judge.
Laura Stafford VS.. James Stafford; di-
vorce. Finding and decree for plaintiff
with custody of minor child, Warren STAFF
ford age four years. Judgment against de-
PENDANT for costs.
Bessie Cochran VS.. Lambert Cochran; di-
vorce. Finding and decree for plaintiff at
her cost.
Room 3-Vinson Carter. Judge.
Henry Mag VS.. Edward w. Avery; lien.
Finding due plaintiff $50. 60 and costs. Find
ing due plaintiff against Harriet G.. Bowen
$ll719 and costs.
Joe Rogers VS.. Della Rogers; division.
Judgment against plaintiff for costs.
Oscar e Sandeborg ct al. VS.. George
Young ct al. Young's demurrer to COM
plant overruled.
NEW SUITS
Mary A. Z. Pulse VS.. Edward Pulse; di-
vOrce. Superior Court, Room /.
Sydney G. Decker ct al. VS.. John Z. Nc
Leay; complaint on note.
Solomon Daugherty VS.. George and
frankie Higinbotham; demand in replevin.
Demand $50. Superior Court, Room 2.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
Caught with the Good. On.

Detectives Kurtz and Lancaster arrested
Fletcher Barham, a laborer. employed by
the Merchants Heat and Light Company.
yesterday while at work on the company's
bitches near Illinois street on Washington
street on the charge of petit larceny. He
tanning 1880 and pocketknife from Luz
Their Brewer, fireman at the company 8
power house on New Jersey street. When
arrested. Barham was In possession OF the
articles stolen.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
THE THEATERS.


GRAND.-Vaudeville, 2:15 and Sis p. IN.
PARk.-"LOst River" and p. m.
NEUTRALITY-SUSPICIOUS. and p. m.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09

bolero are arranged. The under-bodce is
smooth across the shoulders in back and
front. closing invsibly in front The
bolero is tucked to give a box-plaited eff
feet at center, front and back and closes
invisibly, beneath the tuck, at the left of
the front. The sleeves of the under bodice
are snug at the shoulders. form full droop-
ing Duffs below the elbows and are gath
cred into narrow cuffs. The upper ones
are tucked in harmony with the bolero but
allowed to flare below the elbows. At the
neck is a pointed stock.
The quantity of material required for the
medium size is yards q inches wide, 3
yards q inches wide, or 2 yards "A inches
wide; with 3la yards n inches wide or 2
yards A inches wide for under-bodice, and
"a yard of all-over lace for collar and cuffs
and 4 yards of applique to trim as illus
trated.
The pattern 1876 is cut in sizes for 80, 81,
SO, 3S ane 40 inch bust measure.
| PATTERN COUPON /
For patterns of garment illustrated above
send 10 cents (con or stamps)
Cut out illustration and inclose ii in letter.
Write your name and address distinctly and
state number and size wanted. Address
Pattern Dept, The Journal,
| Indianapolis, Ind.
| Allow one week for return OF pattern.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
AGAIN ON TRIAL.
Case Of Gum Against Union Railroad Co.,
In Which Verdict Was Set Aside.

The case Of Thomas Gum against the
Union Railroad company was again SUBJ
mitted TO jury in Judge Tillinghast's
court today. Mr. Gum at the last trial
three years ago was given a verdict for
$4,000.
There was no question that he was very
badly injured by being run down oy an
electric car while ne was unloading coal
from a cart on Ives street. The appellate
court I'm December, 1900. set this verdict
aside on the ground that the prepon-
derance of evidence didn't show that the
motorman was guilty Of negligence.
Charles +. German, counsel Tor MT.
Gum, then raised the question or the
courts power to set aside verdict under
our constitution, where there was con-
fficting evidence. simply because pre-
ponderance OF evidence seemed against
the plaintiffs claim.
This point the appellate court did not
consider well made. and Mr.. German
argued the case before the full supreme
court. and also raised the further point
that the appellate division as constituted
could not pass upon petitions for new
trials.
Again the decision was against Mr..
Gunn, the full court sustaining the appel
late division I'm every matter raised.
Today Henry w. Hayes represented the
Union Railroad company.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
FINANCIAL NEWS
BULLS AND BEARS.

Wall Street. June a.-Yesterdays late late
advance In stocks was con,lnuso thio am,
morning at slight reactions In London
this morning being ignored. Chicago'
Great Western preferred lb) rose -
Tennessee Coal IL and Minneapolis. st.
Paul and sault ste Marie and American can
Ice a point. Several OF the Coalers rose
n and Wabash preferred as much. 9th
erwise the changes were small. Colo
rado Fuel fuctuated feverishly below iast
nights level.
The nrmness of the market gave way
TO sagging tendency on the announce
ment OF gold exports Realizing In Colo
RADIO Fuel depressed IT 1N. and there was
a general shading In the active list 10
below yes.erday's close. The market
was frmer at IL O'clock
The market became apathetic and slug
gish and the only movements OF conse-
quence were in special stocks not OF first
Importance. Metropolitan Securities ex-
tended it's gain to 3h. Colorado and
Southern second preferred and American
Car preferred to Ia There were losses
OF l& in Wheeling and Lake Erie. lx in
Union Bag and III in Kansas City South
ern preferred. Bonds were DUN ana
steady.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
HUSBAND AND Wife SUE.
Mr.. and Mrs. Nelson Each Bring Suits
Against Union Railroad and Electric Co.'S.

Both the Union Railroad company and
the Narragnsett Electric Lighting COM
pany are defendants In suits brought oy
Annie Nelson and her husband. James ,.
Nelson. Mrs Nelson was on the lsth
OF June, 1901. standing at the corner OF
Dorrance and Weybosset streets under an
arc light when the lamp was struck by
trolley pole and the glass fell on her
cutting her face and head and causing
other injuries.
She also suffered a severe nervous
shock. The trolley pole had swung from
the wire on which IL Is run.
Mrs. Nelson asks 5000 from the Nara
gansett Electric Lighting company. as
serting that the light or lamp was put
too near 10 the wire over the cars. She
has also sued the Union Railroad COM
pany, alleging that the wire over the car
was placed in too close proximity to the
lamp.
The amount claimed by her Is the same
as In the suit against the Electric Light
ing company. Her husband has sued
both the Electric Lighting company and
the Union Railroad company for 5000 for
the loss of his wlfes services. Both
companies are sued simultaneously pre-
sumably 10 bring the case within the time
limit fixed by the legislature In regard
TO injuries 70 the person.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
FOR The DEFENCE.
Mr.. CorhIn Continues Argument In U. S.
ShipbuIIdIng Co. ReceIvershlp Case.

Newark, N. j.. June 2i.--When counsel
representing the various interests In tho
action to obtain a receiver for the U. S.
shipbuilding Co. reassembled today be-
fore ". s. circuit court Judge Andrew
Kirkpatrick, IL was the general belief
that the court might reach a decision late
this afternoon.
Chas. l.. Corbin, resuming the argu-
ment for the defense. declared that the
reorganization plan was the only loop
hole OF safety In the present condition of
the corporations financial affairs on the
question OF Insolvency Mr.. Corbin de-
clared that the allegations contained in
the bill and the statements OF opposing
counsel were based on hearsay evidence.
He insisted that the corporation was
solvent within the meaning OF the statute
and said that under federal laws the
court could have no jurisdiction unless IL
found evidence of both fraud and insol-
vency. Insolvency without fraud removed
jurisdiction into the state court. AS to
the possibility OF carrying on present
contracts under a receiver. Mr.. Corbin
contended, innumerable difficulties would
arise. any one OF which would result In
great financial loss. He was very insist
ent that government contracts now in
hand should be completed without inter-
ference.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
NUGGETS OF NEWS.

At the 53rd. commencement of Buck
nell university the honorary degree OF
doctor OF laws was conferred on Nd
mfral Charles II. Clark. United States
navy.
w. w. Campbell director Mt Lick OBJ
servatory says: "The comet discovered
I'm the constellation aquarius yesterday
by Borrelly OF the Marsellles observatory
France, was observed at theS.ick obser-
vatory Tuesday morning
President Brown OF Norwich univer-
sity. at Northheld, VT, refuses 60 deny
persistent rumors that his resignation
will be presented at the annual meeting
OF the trustees OF the college today.
Judge Charles NJ Bruce was inducted
into office as presiding justice OF the
district court Of East Mddlesex, Mass.
today taking the place made vacant by
the death OF the late John w. gettngel.
A telegram has been received NJ the
Harvard observatory from Prof w w.
Campbell az Lick observatory stating
that tho comet Borrelly was observed by
Aitken. June q. S4s Greenwich mean
time. IN right ascension n hours IS min
utes GO seconds. and declination minus
: degrees ON. ass.
AT n meeting sf the directors OF the
Champlain Transportation company at
~. Y, yesterday the reslg-
nation OF n. q. Young as president and
director Of the company was accepted
and David wilcox. president of the Deia-
ware and Hudson railroad was selected
10 all both vacancies.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
COTTON
MARKET
EXCITED
July Made a New High Record
in Early Transactions To-day.
Sentiment Unsettled.

New York, June 2i-July cotton opened
today at 1890 and quickly advanced to
12s7. new high record on the present
advance. After selling at l2.T the next
quotation was 12.S5 for July.
The speculative excitement and activity
of yesterday was carried over into THIS
mornings market and Notwithstanding
disappointing early cables and fairly sat
isfactory crop weather the prices or the
local exchange showed new high records
and a net advance OF 10 II points on the
nearby months while the latter posltions
were s points higher TO lower. Senti-
ment was feverish and unsettled with
fluctuations not only broad and violent.
but extraordinarily irregular.
The decline was followed by general
though irregular recovery and midday
found prices for July and August at about
the best OF the season, while September
had reached Ill and eased of to l.6S.
The market as a whole was about net un-
changed on the late positions TO 30 points
higher on the near months.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
old COLONY CO. ACTS.
Begins Work Of Construction In Compliance
With Vote Of City Council.

In compliance with the vote OF the
Newport city council the Old Colony
company is now connecting up It's line
with a straight rail through the disputed
turnout section and they are working to-
day despite the rain to complete the
work within the limited time given them.
Today evidence Is being taken In de-
fense OF the city's stand In the contro-
versy for submission TO the supreme
court. the company having taken theirs
a week ago. The Newport and Provi-
dence company has offered the Old Col
ony company the unconditional use OF
their rail- which parallels the old track
to be used as a turnout pending the de-
cision, but the old company does not ac-
cept the offer. which has the support OF
many members OF the city council. The
new road has started a gang constructing
its line out on the island In compliance
with the franchises from Middletown ana
Portsmouth. and IL is claimed that they
will build direct into the city.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
A DAY OF LEISURE.
Yale and Harvard Crews Preparing for To-
morroW's Race on the Thames.

New London, Conn, June 24--With the
crowning test OF their Craftsmanship but
a few hours distant the Harvard and Yale
crews at Gales Ferry devoted most of
their time today 10 the enjoyment of
leisure 1t was a day OF rest at both
Red Top and BroadvIew, with the pros
poets OF tomorrow's racing the subject
uppermost in the thoughts OF every one.
AS far as weather conditions were con-
cerned the outlook could not be con-
sidered promising.
There was very high wind out OF the
northwest and the surface OF the Thames
was ruffied with nasty chop. While
no rain fell during the early part of the
day the weather wise regarded the con-
ditons as ominous for tomorrow, declar-
ing that there was little prospect OF fair
weather or any change from the stormy
conditions OF the last two weeks
II. however, the wind should die down.
II Is agreed by old race followers that the
Thames rowing records are sure TO be
broken.
on account OF long rains the river is
abnormally high, and along the course
the current Is running more swiftly
than ever before at boat race time with
tide and current thus assisting, the race
is likely TO be rowed in record time.
At both Yale and Harvard quarters. the
coaches express themselves as satisfied
with tho condition OF the crews and the
men seemed to look confidently for vic
tory In tomorrow's struggle.
In this city the crowd OF day before the
race visitors Is conspicuously smaller
than usual, probably because of tho
threatening weather. There are few
yachts I'm the lower harbor, but the us
ual large fleet had not arrived this fore
noon.
Among race followers here. the opinion
Seems to prevail that Yale has a good
chance OF winning the university and
freshman eight races. and Harvard the
four cared races. 1t r. conceded that the
race between the freshman eights will be
stoutly contested.
Harvard took the first trek I'm the rae
ing game this noon by winning the
freshmen four Dared race. The scrub
contest though unimportant compared
with the events OF tomorrow has never
theless been awaited with a good deal
OF interest by the men at the crew quar-
ters and there was a good attendance
Of Yale and Harvard men along the river
10 witness g. Kunzig. the Yale head
coach. was the only official and he acted
was for three quarters Of n mile down
river from the regular starting line
Both crews got away smarty at the
pistol shot. fired at 12:Sn. the Yale crew
taking n slight lead. which the Harvard
freshmen quickly ovcrcame Thorough
out the race there was never clear water
between the two boats and the advantage
nlternated each boat having the lead
several times. At the finish. Harvard was
about three quarters OF a length ahead
The time was three minutes.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
STOCKWELL
LOSES HIS
POSITION
The State Board Of Agriculture
Elects John c. Clarke Of
Kingston as Secretary.

The state board Of agriculture met to-
day at the board room at the state house
and organized for the coming year. A
contest for the position OF secretary of
the board resulted in the election to that
Office of John G. Clarke OF North King
ston and formerly appointed by the Wash
ington County Agricultural society.
Governor Garvin called the board to-
gether about IL o'clock, and after listen
Ing To the reports of the last meeting by
Secretary George A. Stockwell. the mem
bers proceeded TO elect officers and sub
committees.
There were three candidates for the
position OF secretary and the election re-
suited as follows: j. G. Clarke, 6: David
Buffum. 2; and George A. Stockwell, 2.
Mr.. Clarke was declared elected.
An executive board consisting OF Oba-
diah Brown OF Providence. William Will
liams OF Bristol and Isaac l.. Skinner OF
Newport was then elected.
Obadiah Brown was appointed apprais-
er and John s. Pollard was appointed as
veterinary.
For the board OF cattle commissioners
the following were appointed: William
Williams OF Bristol. John s. Whipple OF
Kent. George Coggeshall OF Newport.H. s..
Turner of Providence and Tristan ID.
Babcock and Philip A. Money of Wash
ington county.
There was a communication from the
Louisiana Purchase exposition received
and read. II was concerning the reserva-
tion OF space on the fair grounds for
agricultural and horticultural products OF
Rhode sland.
After some talk the matter was re-
ferred to the executive committee.
Soma Dhases OF the dog laws were dis
cussed but no definite action was taken
before adjournment. which was at noon.
During the past winter the board and
Its subcommittee had quite period of
activity In contending with the cattle dis
ease. and by prompt action 1t was able
to stamp II out before much progress had
been made through Rhode Island herds.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
ESCAPED FROM TOMDS.
Two Prisoners Dug a Tunnel, Through Which
They CrawIed TO Freedom.

New York, June 2i-Two men. prison.
ers, are reported to have escaped from
the Tombs prison yesterday morning by
burrowing underneath the womens
prison.
1t Is understood the men had to dig up
pile that served for the foundation OF
the old prison. Their clothes were found.
II is said In the subway trench at Elm
and Leonard streets.
The prisoners who escaped were COM
mtted TO the prison last April for six
months and were what are known as
TRUSTEES. Their absence was discovered
at roll call yesterday but no news OF the
escape was given out until today. The
men escaped by saving base In a door
leading from the cellar underneath the
women's prison on the yard. The wall
round the yard has been torn down and
the escape was easy from the yard
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
SIX MONTHS IN JAIL.
Sentence Imposed on Nicola kontslIo fer
Stabhlng Officer Schiller.

Nicola Montelo, who stabbed officer
Schiller OF the Fourth police station on
April 18th, was today sentenced by Judge
Wilbur TO six months in jail. Officer
Schiller was sent to investigate a COM
plant that Montello was beating his wife.
While Montello was answering a ques-
tion the officer put his foot on q chair
to tie his shoe. Montello suddenly swung
a knife and the blade went through the
officers helmet and into his head. making
a wound a, half inch long. officer Schiller
was laid UP ten days with the wound.
IL was stated I'm court that Montello
wanted to rid himself OF his wife and had
been arrested for assault on his wife.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-24
DIED OF APOpLEXY.
Funeral Of Martin Cheney CIsmence Held
at Late Home on Spring Street.

The funeral OF Martin Cheney Glenn
ence. whose sudden death from apoplexy
occurred Saturday was held at his late
home. II Spring street. at two o'clock
today The services were conducted by
Rev. George w. Kent pastor OF the
Woodbury. Memorial church. Unitarian.
Mr. Kent read from familiar portions Of
the Bible and offered prayer
Interment was at North End cemetery.
the bearers being Mr.. Samuel T.. Carpen-
ter. Mr.. Eugene Bende. Mr.. j. Perry
Evans and Mr. William Valentine. all of
this city
There were many beautiful floral offer
ings, the gifts Of personal friends OF the
deceased.