davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16

been removed by any evidence that might
have been admitted under the issues. s. A
person lawfully using the track of a rail-
road as an employe has a right to rely to a
reasonable extent upon the care and Wig
ilance Of another using such track that he
will not be injured, and that others will not
be careless and negligent In operating cars
thereon.
1903. Christ VS.. State of Indiana. Black
ford G.. c.. Affirmed. Robinson. i'll. Sec
o dlTn si.s' BurH 8yha ayci' +. d 4 inesct three separate
that at a time and place named the defend
ant, being then and there the keeper Of a
building and room in said county and State,
did then and there permit said building and
room to be used and occupied for gaming
by certain persons, towit: . and did
permit such persons in and about such
building and room to play faro. poker and
other games of chance for money! Ii is
sufficient to charge the defendant with
keeping a building and room that was being
in the first clause of said statute.
5OSS. Tolin VS.. Jones. Newton G. c. Ger
tiorari granted and issued.
5O91. c. & S. E. Ry. Co. VS.. Grantham.
Clinton c. C.. Publication ordered and is
sued.
45OS. Supreme Lodge of X. of H. VS.. Jones.
K I.os c; G. oral argument Jan; ~ 1904
Clark c. c. Oral argument Jan. Z. 1904.
1855. Hammond VS.. Croxton Steuben c..
c. Petition to transfer to Supreme Court
granted.
1929. c., c., c. & st. L. Railway Com
pany, VS.. Robert j. Nowlin ct al. Dear
born c. c. Appellants reply brief Isl
1912. FIT. Wayne Traction Company, VS..
Theo. Hardendorf. Wells C. c. Appellees'
brief (S)
is4s. Thos. Ashley ct al. VS.. VIM. E. Hen
derson. Marion s.. c. Appellants motions
and notice to amend assignment of errors.
1879. The United States Board and Paper
Company ct al. VS.. Thomas b. Moore.
Rush c.. c.. Appellants petition for addi-
tional time and agreement of Council, etc.
Thirty days granted.
1881. Providence Washington Insurance
Company, VS.. Lee Wolf. Monroe c. c. APP
pellant's petition on additional time. Sixty
days granted.
5000. American Quarries Company VS..
James Lay. Lawrence c. c. Suggestion of
death Of appellee.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
FARMERS NEAR ARMY POST SITE
GUIDED BY SENTIMENTAL REASONS
Strenuous Objection TO Turning an old Cemetery OUer TO tile
Governments Womans Dying Wish.

United States Astrict Attorney Joseph b.
Healing will hold a meeting to-day with
the trustees Of the cemetery located on the
proposed site of the army post northeast
Of the city and endeavor to come TO some
understanding about the sale of the prop
erty. The cemetery is one of the obsta-
cles that is now delaying the closing Of
the deal for the army post and is proving
a difficult problem 10 solve. The graveyard
is the burying ground of the farmers living
contract was secured, the cemetery was
not included. as the farmers did not care to
have the graves of their dead disturbed. Ii
was thought at the time that the cemetery
with the army site, but the government
refuses TO pay for the land unless IL can
have the title TO every acre and yard Of II.
Repeated efforts have been made to in
all nave been without avail. There are
many reasons why the farmers will not
sell. the main one being that they do not
want the monument and graves OF their
dead destroyed, as they would be in case
the army post secured the cemetery. The
reasons In many cases go further than
that. In one instance there Is an old man,
whose wife died over thirty years ago. and
her last wish was that her husband be
buried by her side. The cemetery is an old
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
MAY COMPEL CITY
TO ASK FOR NEW BIDS
No Advertisements for Proposals
on Hospital Improvement
Work.

Mayor Hoffman stated yesterday after
noon that the contract for the improve
ments to the new wing of the City Hospital
that are needed to put 1t into use will be
this morning by the Board of Pub
lie Works IL the law on the matter of con-
tracts will not make this impossible.
Several contractors were asked to submit
bids for the proposed work before the
county made the appropriation for it. in
order that the Board of Health and the
hospital management might get a line on
the cost of the work. Bids were not ad-
vertised for at that time and could not
have been. as the appropriation had not yet
been made, and this fact may make IL nee
essary for the board to advertise for new
bids. OF the bids already In the hands of
the Board of Health, the lowest was made
b. the William p. Jungclaus Company.
at surely hope that IL will not be neces-
sary TO advertise for new bids" said the
mayor, las that would further delay the
work on the new wing. But IL the law
makes IL necessary we must, of course, ad-
vertise. as we cannot afford TO neglect
those little niceties of the city's laws"
If the contract is awarded to-day work
will begin Immediately.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16

one and the farmers of the site have used
il for years.
John Roberts. owner of 26O acres of land
in the tract. is still holding out for more
money for his land than was specified in
the original contract. The other titles TO
the land are in the hands of the government
and there is no doubt about them. How
because the option had expired before the
order was issued. He now asks 800 more
for his land than was agreed upon in the
contract secured by Dyer q Rassman.
At present the Roberts tangie does not
present so much of an obstacle as does the
cemetery proposition If the latter can be
Strengthened out, il Is probable that the
Commercial Club will be asked to raise an
extra amount asked for by Roberts. IL Is
believed that the money can be raised with
out much difficulty, as IL Is very much TO the
advantage OF the city that il secure the
army post. The situation at present, Mr..
Healing says, Is not very encouraging. as
there seems To be no way to get around the
cemetery problem. If an agreement can
be reached to-day with the trustees, ii Is
thought the deal can be closed. but the
former attitude OF the trustees does not
give much encouragement for a settle
ment.
1t was stated yesterday that Major
French, of the War Department. at WASH
ington, will arrive in Indianapolis within a
few days in order to attempt to adjust the
difficulties that are causing a hitch In the
army post. Ii Is not known whether Major
the ground or whether he will submit a
plan of settlement TO the officials at WASH
ington- Most of the action that Is being
taken by local federal officials Is voluntary
and is taken because they hope to see In
dianapolis secure the army post
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
CITY NEWS T

The Woman's Home and Foreign Mission
airy Society of the First Presbyterian
Church will meet in the church parlors this
afternoon at 2:30 o'clock.
dustrial School will be held tomorrow
afternoon at the home OF Mrs. +. A. Blanch-
ard, 204 East Fifteenth street.
The Woman's Foreign Missionary Society
of Roberts Park Church will meet at the
home of Mrs. 7. S. Rhodes, 1913 Central
avenue, Friday afternoon at 2:30 o'clock.
Joseph Kelley was yesterday appointed
guardian of the children of Jennie K. Mar
tin in the Probate Court. Last week Judge
Walker appointed Kelly as guardian Of Mrs.
Martin, who is his daughter n who was
recently declared insane.
State Auditor David Z. Sherrick stopped
a few days in Washington, D.. c., on his
way to Mount Airy, Maryland, where Mrs.
Sherrick has been spending the last three
months. On his return this week he was
accompanied by Mrs. Sherrick.
Probate Judge Walker yesterday appoint
ed Edwin e. Hewson as guardian of his
father. Elliot w. Hewson. 1t was repre-
scented to the court that the father, who is
now seventy-two years old and nearly
blind, has been squandering all his pension
money, his only source Of revenue.
The Mapleton Women's Christian Temper
ance Union will meet tonight at the home
of Mrs. A. l.. Whitson, 1895 North Meridian
street. DIR. Swain will read a paper on
Health and the Nonuse of Alcoholic Med
icines." The Loyal Temperance Legion
work will be presented by the county super
~intendent, Mrs. +. Metz.
Rev. OdeII Improved.
The Rev. Owen Daviess Odell. pastor OF
the Second Presbyterian Church. who has
been seriously i'll at his home for the past
ten days. is now out of danger and a speedy
recovery is looked for. The high fever
which has been present since the first day
of his illness has now left him.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
TO Be MADE
TO CERTIFICATE HOLDERS
Gas Trust Directors Decide on Ac-
tion-Expert to Estimate
Assets.
CHICAGO MAN EMPLOYED

1t was announced last night at the close
OF the meeting Of the directors of the Con-
sumers' Gas Trust Company that the COM
pany will be prepared to-day, If 1t is neces-
sary, to issue payments on the 5 per cent.
unpaid principal, with interest until the
last of the month. Stockholders, by pre-
senting their certificates at the office of the
company, can secure the payments due
them. According to the books of the COM
rany there are some certificate holders who
have not received payments for several
years. probably because the certificates
were lost.
Although the notice issued by the direc-
tors of the company last night instructs the
treasurer to begin making payments at
once on the presentation of the certificates,
it is hardly expected that certificate hold
ers will call at the office to-day, as no sta
tionery stamps have yet been made. How
ever, certificate holders who present their
certificates tomorrow or thereafter will
receive full interest until Dec. 81.
Aside from the decision of the directors TO
issue payments, the meeting of the board
last night was largely routine. TIL chair
men of the different committees reported
on the progress of their work, all of which
was of a minor nature.
The board selected George M. Brill, of
Chicago, to examine the plant of the COM
pdny ana 10 make a minute eSIlnlate OF lne
total assets of the company in the field.
MIR. Brill will be instructed to-day to come
TO indianapolis at once and begin work,
in order that the directors may know at
once the exact valuation Of the entire plant.
r. w. Prosser, of New York, the expert
engineer, who is in the city to make an
investigation of the company's mains and
to give an estimate on the cost of using
them to furnish the city with artificial gas.
has not begun his examination yet. Since
his arrival in the city Mr.. Prosser has not
been feeling well, and he said last night
that he would not get 10 his work until
he felt better. 1t will probably be the lat
ter part of the week.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
HEALTH OFFICIALS WILL
STUDY At SCHOOL TO-DAY
Surgeon General Sternberg Is on
Programme Both To-Day
and Tonight.
w. L. TAYLOR TO SPEAK

The Indiana health officers who attend
school" in the assembly room at the Clay
pool Hotel to-day and tomorrow will wear
badges bearing a red maltese cross. Among
the first of the instructors to arrive will be
DR.. George NJ. Sternberg, surgeon general
of the United States army, who win be here
this morning. DR.. Sternberg is a distin-
guished man and his talks will be an i'm
portant feature of the school or confer
ence. He will stay at the Claypool and has
requested that his indianapolis friends call
on him. DR.. Sternberg's wife was a Miss
Patterson. who formerly lived here. The
programme for the two days conference is
as follows:
First Session.
Dec. 16, 9:3O.-Called to order. Announce
ment by DIR. Wishard, president State
Board of Health.
Vital Statistics DR.. A s. Tilford, of Nor
gan county; Instructions for Collection OF
Vital Statistics. Instructions for Quar-
antine and i'm the General Duties of Town
Health Officers, DIR. j. n. Hurry, secretary
State Board of Health.
IL a. Sanitation and the Ne
cessity of the Medical Inspection of School
Children" Prof. Severance Burrage, B. s.,
Purdue University.
Second Session.
2 D. m.-"Our Health and Medical Laws
and Legislation That is Still Needed" Hon.
William l.. Taylor.
8 p. m.-"Prevention of Infectious Dis
cases." Surgeon General Sternberg, NJ. D.,
Washington, ID. c.
4 .. m.-'The Town Milk and General
Food Supply" Professor Burrage.
3 ID. m.-"Sewage Into the Water Courses
OF Indiana and What Shall Be Done About
It." Charles Carroll Brown, G. E., editor
Municipal Engineering.
Third Session.
s p. m.-"The Germ Theory OF Diseases"
illustrated Lecturer, DR.. David Dennis,
Earlham College.
9 p. m.-'Infection and Immunity" (illus-
trated), Surgeon General Sternberg. NJ. ID.
Fourth Session.
Dec. II. Q a. DISCRIMINATION of School
ChildrCsn's Eyes and Ears" DIR. Frank All
10 a. m.-'The Combat Against Tubercu-
lOsis," DIR. Charles O. Probst, secretary
Ohio State Board of Health.
IL a.. m.-"Infiuence OF Plant Life on the
Public Health" Prof. Stanley Coulter, Pur-
due University.
Fifth Session
2 d. m.-"Disinfection and Disinfectants,"
Surgeon General Wyman, Nj. D., Washing
ton. d.. c..
D. m.-"The Protozonal Diseases" Prof.
f. G. Novy. NJ. D.. Michigan University.
4 p. m.-.The Propagation of Vaccine"
DR.. j. ~. Hurry.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
WILL ISSUE BONDS WHEN
THE MARKET is STRONGER
School Board Discusses Behind
Closed Doors School, Finances
for Next Year.
MORT NEW BUILDINGS

The School Board met behind closed doors
last night. and in an informal way dis
cussed school finances for next year. in
January the board expects to issue from
$4,000 20 $4,000 of sk per cent. bonds. The
board has desired 10 make this bond issue
for some time, but on account Of the dull
condition of the market has made no def
Unite decision regarding the time of the
issue. Local financiers have informed the
board that the market is likely to brighten
up early in the year.
The purpose Of this issue is TO provide
for some new buildings next year. The
Shortridge High School will be completed
some time in October at a cost of $50, 900.
1t Is the intention OF the board TO erect
at least two more elementary school build
tngs and put an addition To another. IL is
expected that a bond issue OF $4,000, with
other revenues the schools win have, will
provide for all Of these improvements. The
bonds Of the indianapolis School Board are
considered desirable here I'm Indiana from
the fact that they are exempt from taxa
ton
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
HIGHER COURTS, RECORD.
SUPREME COURT.

20241. c., /. e. L. Railway Company VS..
Leachman. Montgomery c.. c.. Affirmed.
bound to abandon travel on a highway be-
cause he knows 1t to be defective and dam
gerous. 2. While it is duty Of a traveller to
a wax IA All y thpea.endns situations on a nlgnv
reasonably do so, he is entitled to travel
such highway. and when he has no alterna-
tive he is not bound TO forego an effort to
pass. provided the highway is not so de-
fective as to make 1t obvious TO a person of
ordinary understanding that it cannot be
encountered without injury. 8 A railroad
road assumes the LANCER and risk to q
traveller in crossing at such point. and such
traveller is only answerable for his conduct
In dealing with the defective conditions as
he found them.
2O25o. Nesbitt VS.. Stevens. Grant c. c..
Reversed. Monks, J.-Where an express
trust Is sought to be established by q letter
or writing 1t is proper to prove the position.
situation, circumstances and surroundings
of the parties thereto at the time of the
execution of the contract.
202O2. Elk rel. Chase VS.. Rabb Original
action, and 215, Chase VS.. Chase. Benton
c. c. Consolidated and take latter num-
Der. Objection to submission of original
cause No. aoo5 postponed.
Minutes
1883. Charles w. Branstrator. admins
traitor, VS.. Frances e. Crow et al. Allen G..
c. Appellees' additional authorities (s)
New Suits
--S-'o. AS1AtA NA1y v !. III u.
Croxton ct al VS. Steuben c. C. Removed
TO supreme Court from Appellate Court.
APPELLATE COURT.
41ss-, Hart VS.. Sigman. Jasper C. C. AZ
firmed. Black, il. Where a fact is de-
pendent upon the evidence and the conclu.
sion reached is supported by some evidence
this court will not weigh the evidence to
establish the preponderance. 2. One land.
owner may by constructing barriers protect
his land from surface water flowing from
an adjoining proprietor.
1888 G. q E. l. Ry. Co. VS.. Stephenson.
Clay c. c. Affirmed Roby, III. In an ac-
tion for personal injuries II is not Necessary
to negative c~ontributory negligence I'm the
complaint. 2. 1t is not negligence per Sc
for an employe upon a railroad engine TO &c
under his engine TO do work deyolyed upop
him by his employment. which cannot be
otherwise done. 3. A railroad company Is
bound TO use ordinary and reasonable care
in operating its trains so as TO avoid injury
TO persons lawfully using the track. 4. A
| motion for judgment on the answers to I'm.
terrogatories, Notwithstanding the general
verdict, Is not well taken unless the an.
| tagonism between them and the genera
: verdict Is SO great that 1t could not have
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
Wife Declares She Worked
in Fields Like Hired Hand

The matrimonial differences existing be-
tween Mary Tebbe and William H. Tebbe
were aired before Judge McMaster yester-
day.
Tebbe is the, owner of a large and prosper
Gus farm near Beech Grove, and his wife,
who instituted the proceedings. testified
that her husband was a hard drinker and
possessed an uncomfortable temper. Tebbe
compelled his wife and his three minor chill
dren TO work about the field and barn. as
we'll to to do the homework. She also
claimed that her husband frequently broke
into a rage and beat her, one time throwing
her to the floor and threatening to cut her
throat. At another time Tebbe chased his
wife with a pitchfork because she would
not clean the stable. Judge McMaster
granted Mrs. Tebbe a divorce and gave her
the custody Of the children.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
Two Suits in the Chase
LITIGATION Are MERGED.

The Supreme Court yesterday consolidat-
ed the mandamus proceeding brought in the
nam of Moses Fowler Chase against Judge
RABBI, of the Benton Circuit Court, with the
appeal taken from Judge Rabb's decision
declaring the young man insane and nam
ing his father as guardian. The elder
Chase's objections to the submission of the
appeal will not be heard by the court until
the case can be heard as a whole.
The Appellate Court has affirmed a judy
ment OF the lower court filming William
f. Christ for keeping a gambling room at
Hartford City. The court holds that the
statute against keeping gambling houses
covers three offenses. One is keeping a
building or room to be used for gaming;
knowingly permitting the room kept to be
used for gaming and renting a room to
others to be used for gaming. The court
held that the indictment against Christ
charged the first of these three counts.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
THE BOLSTER-MATTRESS.
A New and Useful Adjunct to Furish-
ing of the Home.

There is promise Of comfort and ease in q
newly patented mattress that the inventor
will doubtless lose no time In placing upon
the market.
His idea embraces a sectional mattress,
such as are already in general use, except
that the smaller section is so made that IL
can be adapted to the purposes OF bolster or
pillow or both. This desirable consumma-
ton is accomplished through the medium
OF Upper and lower portions which are con-
nected in much the same manner as the
two sides Of an accordion. The connecting
arrangement, however, although adjustible
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
METZGER WANTS GRAND
JURY TAKE FIRST STEP
Cumberland Citizens May Appeal
to County Officials to Close
Gambling House.

speaking of the proposed demand to be
made upon him by the citizens of Cumber-
land to close the poolroom and gambling
house operated by Gus Rahke. c. L. Jones
and a few other members of the gambling
fraternity, that the matter should be placed
I'm the hands of the grand jury, as 1T is the
duty of that body to make the investigation
of the dive If the evidence given warranted
il. He further said that he did not care to
stand in the way of any action which the
grand jury might desire to take.
Prosecutor Ruckelshaus has promised the
citizens of Cumberland hat he will co-op-
crate with them in suppressing gambling in
that village. He has refused to divulge his
plans Of procedure. However, it is sur
missed that the prosecutor intends to pre-
sent the matter to the grand jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
Submitted. Evidence heard. Finding for
Room FLAMES M. feathers. Judge.

Room FLAMES NJ. feathers, Judge.
George W.. Swails VS.. c., c., c. & st. L.
Ry. Co.; damages. On trial by court.
Tony Kirsch VS.. Indianapolis Street Rail-
way Company: damages. Judgment VS..
John E. Smith ct al. VS.. William Robson
ct al; quiet title. Evidence heard. Find
ing plaintiff entitled to real estate in COM
plant. Costs paid.
Room 3-vincent Clifford, Judge Pro. TEN.
State of Indiana in the relation of Henry
w. Rice VS.. Henry Greening ct al; dam
age. Dismissed by plaintiff. Judgment VS..
plaintiff for costs.
Anna NJ. Jeck VS.. City of Indianapolis;
damage. Finding for plaintiff and dam
age and benefits to real estate increased.
Judgment VS.. plaintiff for costs.
George w. Stipp vs. Indianapolis Street
Railway Company ct al; damage. On trial
CIRCUIT COURT.
Henry Clay Allen, Judge.
7s7s. Retta Chamberlain VS.: Lucinda
Sherman's estate. Settled for SIS, at costs
Of estate.
1879. Sarah B. Graves VS.. Lucinda Sher-
mans estate. Settled for SIS, at costs Of
estate.
775S. Lena Ruick VS.. Mary Kunkle's es-
S940. at costs of estate.
1914. Collins Renold VS.. Anna Enright's
estate. Claim allowed for $275. at costs of
CRIMINAL COURT.
Fremont Afford, Judge.
Martha Alberts; provoke. Appeal from
Smock, Justice of the Peace. Defendant
enters plea of not guilty. Trial by jury.
Evidence heard. Verdict of not guilty.
Riley Stanton; burglary and grand lar
ceny. Defendant enters plea of guilty to
petit larceny. Fined 81 and costs. Impris-
oned in Indiana R~eformatory one to three
years. Disfranchised one year.
NEW SUITS FILED.
NHo~r-arl NToDr;Ia 40 DolI nfoTY,fJa. IA;
vorce. Circuit Court.
Otto c. Hottie VS.. John A. Wild; suit on
note. Circuit Court.
Gustave c. Jose ct al. VS.. George NJ. Kline
ct al; foreclosure. Superior Court, Room 3.
w. F.. Roos Co. VS.. indianapolis Dairy
Co.; complaint on account. Superior Court,
Room /.
The Commercial Travellers Association of
Indiana VS.. William Thome ct al; fore
closure. Circuit Court.
Lizzie Harris VS.. Andrew Harris; divorce.
Superior Court, Room /.
Maude Streight VS.. John Streight ct al.
petition to renew mortgage. Circuit Court.
Mary Blume vs.. Herman Blume; divorce.
Superior Court, Room 2.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
TWO BIG FOUR OFFICIALS
BEFORE THE Il JURY
First Step Is Taken in Probing Into
Cause of Purdue Special
Disaster.

The grand jury began it's investigation OF
the Purdue special wreck yesterday. SUI
perintendent Van Wrinkle and Assistant Su-
perintendent Houghton were the only men
who testified. The investigation will con-
tinue to-day and tomorrow.
Engineer William II. Shumaker and Con-
ductor Frank NJ. Johnson, OF the Purdue
special. who were held responsible for the
wreck by the officers OF the Big Four COM
pany, and who were exonerated by the cor
oner, have left the Big Four service. Shu-
maker was discharged and Johnson quit
and Is now working for another railway
mpan in this city.