davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
RUSSELL HARRISON SEEKS
TO REOPEN THE WILL CASE
He Prepares to File Motion Ask
ing Reconsideration of Bill
of Exception.
PROVISIONS OF THE WILL.

Russell Harrison. of the late Benja-
min Harrison, is preparing to file "a motion
in the Circuit Court asking for a recon-
sideration of his bill of exceptions to the
report of the Union Trust, executor OF his
fathers WILL which in all but one instance
was )verruIed by Probate Commissioner
NJ. ~. a. Walker.
By the provisions of the will. Mrs. Har-
rison was to hold in trust sl25,0o0 of the
estate. to be composed OF dividend-beanng
securities, rated at their cost price &c the
testator. Russell Harrison contends, In his
bill Of exceptions to the report. that a GER
tain amount of stock in the Safety Car
Heating and Lighting Company is includ-
ed in the s125. 200, when his father did not
pay any money for it, but received it prob
ably as a retainer fee. This, Harrison
says, is not in accordance with the pro-
visions of the will, and in this single in
stance the probate commissioner agrees
with him. In his bill of exceptions several
other instances of alleged misconstruing
the will are cited, but these were over
ruled.
Yesterday, in the probate commissioner
Office, Mr.. Harrison signifed his intention
of asking a rehearing IN the Circuit Court.
and he has all the papers in the case in
his charge for use in preparing the brief.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
HIGHER COURTS RECORD.
SUPREME COURT.


2Os19. Consumers Gas and Trust Com
pany VS.. Worth. Madison S. c.. Oral argu-
ment postponed to June /. 1904.
20ll0. Keegan VS.. National Bank Allen
c. c. Oral argument May 20, 1904
20ll2. Webb VS.. John Hancock Insurance
Company. Marion c. c. Petition for re-
hearing overruled.
20339. Wiles, etc. VS.. Erie. etc. Company.
Marion c. c. Oral argument June 3, 1904.
Minutes
20351. Continental Casualty Company VS.
Eliza Lloyd. Appellants petition for oral
argument. Laporte s. c.
Appellee's petition for leave to file brief (S)
Boone G. G.
APPELLATE COURT
5072. City of Button VS.. Miller. Wells
c. G. Affirmed. Robinson, il. Authority
to assess abutting property for street
improvement is purely statutory and the
statutes granting it to be construed
strictly. And the manner OF assessment
as provided by statute is the measure of the
city's power to make it. and whether such
power has been exercised the statute di-
reefs presents jurisdictional question 3
Where a Common Council has failed to
comply with the requirements of the stat
ute in letting a contract for public improve
ment the city and the contractor may be
enJoined from carrying out the contract.
g. A Common Council cannot by resOlu-
ton and in the notice inviting bids desig-
nate more than one kind of Improvement
4. The power to determine the kind of a
street Improvement TO De MADE Is In the
Common Council and cannot be delegated
to the city engineer 5. A city engineer
has no voice in the letting of a contract
for street pavement.
1868. Indianapolis Street-railway Com
pany VS.. Bordenicker. Marion S. c. AZ
hrmed. Comstock, il. y child two and
one-half years of age is too young to be
negligent himself or TO have the negli-
gence of others imputed 10 him. . Negli-
gence of the adverse party is not pre-
sumed in favor OF one upon whom the bur-
den rests of establishing it, but il may be
proven by direct or circumstantial evidence
). JurieS are warranted in Srawing rea-
ror TO warrant a reversal of a Judgment
5. Where a party accepts jury without
exhausting his peremptory challenges, any
error in failing TO remove juror chal-
lenged for cause is harmless.
446e. c.. 1. * l.. Railway Company VS.
Cunningham. Washington G. c. Petition
for rehearing overruled.
5097. Neighbors VS.. Davis Bartholomew
{. q. Certiorari granted and issued Mo-
ton to amend clerks certificate granted
Minutes
5l29. Mary T.. Greenawaldt VS. Lake Shore
* Michigan Southern Railway COMPANY
Appellee's petition for extension of time
Granted TO July 20. Lagrange G. c.
526S. Frederick l.. Gemer VS.. Francis A
Hunter. Appellants brief (S)
1868. Frank j. Dunn VS.. Julia s. Eakis
Appellee's motion. notice and affidayits to
dismiss appeal. and brief go on notice.
Monroe c. c.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
THE COURT RECORD.
SUPERIOR COURT


Room S-vinson Carter, Judge.
Eugene A. Dole, receiver, VS. Edward F.
Claypool; mechanics lien. On trial by
court.
Frederick P. Rush ct al. VS.. The Zoos
Manufacturing Company. Dismissed and
costs paid.
John l.. Ketcham. jr. VS.. McElwaine-
Richards Company; damages. Judgment
on verdict for plaintiff for s2.022.33 and
costs.
City Bond Company VS.. James III. Kelly
ct al; Improvement lien. Dismissed and
CIRCUIT COURT.
Henry Clay Allen, Judge.
Win S. Armstrong VS. Elizabeth Arm
strong; divorce. Additional evidence heard.
Plaintiff dismisses cause. Judgment against
plaintiff for costs.
William III. Lucas VS.. George n. Cater
son. Suit on account. Judgment against
defendant for $2S9.56 and costs.
CRIMINAL COURT.
Fremont Afford, Judge.
James Bannon; petit larceny. Fine of 81
and costs. six months in workhouse and
disfranchised for six months.
James Bannon; petit larceny. Nollied.
Defendant sentenced in 342S0.
NEW SUITS.
City Bond Company VS.. George w. Gill
laspy ct al; complaint Improvement
lien. Superior Court
Louella Dickerson VS.. Arthur NJ Martin
udle, damages. superior court.
Mamie Brown ct al. VS.. Willie Whitfield
ct al; complaint for partition. Superior
Court.
Maggie May Carr VS.. Indianapolis Trac-
ton and Terminal Company; damages Su-
perior Court.
John j. Johns vs. Hattie Johns; complaint
for divorce. Superior Court.
Lou M. Maxfield VS.. Louis Seidensticker
ct al; complaint on note and to foreclose
mortgage. Superior Court.
Barnhart Brothers & Spindler VS.. FL
charles Devore and Arthur Devore; COM
plant on note.
Indiana A. Carver VS.. Thomas j. Carver;
divorce. Superior Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
Riohng And Bitterness Marked Conyenhon

the William Randolph Hearst League"
, testified to the camp where hopeful plans
and deep laid Vaccinations had been
plotted. There was an air of hasty de-
sertion about the floor. Through the halls
papers and tracks of dusty feet marked
the wake of the Hearst followers, while
many of the placards hung loosely by
single tack to the doors. The entire floor
had been used by the Hearst faction The
assembly hall. where the evening before
enthusiasm and hope for the outcome had
run high and impassionate speeches had
been delivered in behalf of Hearst, was
dark and locked.
In the lobby of the hotel below were the
last few of the Hearst band They were
not very lively, nor did they seem to care
to talk politics. Sam Small, of Georgia.
in a new straw hat, was the leader of the
last tribe, and he maintained his usual
good spirits and fighting blood. engaging
in several arguments with Parkerites, who
called to pay respects.
Anything to beat Parker; that is the
game of you fellows" charged one man.
mo it isn't" replied Small. Parker is
already beat in the long run. We want a
the presidency. Parker can't do it, No
one knows what he stands for. what
his views are. Let me tell you If you
want to get the vote of the 100000 Demo-
get man that will speak out and will say
what he stands for. If Parker would do
that he would have had our support"
He is waiting until he gets the nomi-
| nation. He might have to change his posi-
ton if he spoke out now" rejoined his
opponent.
"Well if that is the kind of a man he
is, / know We don't want him." Small re-
piled I'VE don't want any of these silent
candidates. He is like David b. HILL who
backed him four years ago, and you know
what Hill is" Small tilted his hat on the
back of his head and started to walk away
evidently Disguised, when another Parker
| lite broke in and asked: who is Hill? We
haven't heard of him out here?"
That's unfortunate for HILL" said Small
| dryly, putting his arm about one of his
| friends and strolling away.
| When seen later by Journal representa-
| tive Mr.. Small said that the Hearst peo-
pie had nothing to give out
I'VE put UP fight and were beaten
| that's enough, isn't it?' he said COM
placently.
Members of the Hearst contingent who
| remained In the city last night held a
small smoker in one Of the rooms on the
| eighth floor
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
CHAPTER VII.
WITHIN THE LOFTY TOMB"

WITHIN THE LOFTY TOMB"
Godfrey opened his eyes to find himself
lying on the grassy slope of Ormfell. star
ing up at the night sky. with Idris kneel-
ing beside him. A cool sensation was play
ing around his neck. and. gradually wax
ing up. to the reality of outward things,
the surgeon discovered that his vest and
collar lay open TO the breeze and that Idris
was sprinkling his face with cold water
drops obtained from pool close by
Coming to a little, see.' Idris observed
cheerfully. How do you feel?"
'Awfully queer and dizzy" replied God
frey.
He lifted himself to a sitting posture.
utterly unable to account for his present
dazed condition.
You'll be all right in a few minutes
Take a pull a. this spirit-fiask: that'n re-
vive you. 1 owe my life TO you. old fell
low"
I'm what way?' asked Godfrey his mind
still too confused to recall the recent ac-
cident
Gaseous vapor would have claimed its
victim. Your grandfather was quite right
in asserting this to be a carboniferous SOIL
Some of the coal-gas has issued to the sur
face. The atmosphere within the hillock was
mixture Of carbon dioxide and floating
hre-damp. Foolshly creeping about with
! mouth held to the ground. / took in such
Whit of the one as TO be quite over
powered by il before / had time to rise
while the other exploded as soon as you
struck the match.
Godfrey, now quite alive TO the past
gave an ejaculation OF annoyance
I'm pretty doctor not TO have warned
you against noxious vapors! It's a marvel
we are both alive. But why was / not
| overpowered2"
probably because you were not holding
your face TO the earth where the gas COL
lects. though very likely you. too, would
have succumbed in few moments How
ever, all's well that ends we'll Your strik-
ing light was a fortunate thing for IL an
pears 10 have acted like an electric dis
charge in instantly clearing the air. True
you were stunned. but / recovered; whether
instantly by the explosion. or more slowly
by the purifying atmosphere, | cannot tell
All know is / awcke. and realizing what
had happened, and feeling you beside me.
lost no time In dragging you cut into the
open air. And here we are. none the worse
for our experience. / trust No doubt IL
was occurrences like this that caused the
old Norsemen TO believe that Odin guarded
the tombs OF the dead by darling forth
flames"
ITO BE Continued Tomorrow
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
GERMANIA PARK TO
BE OPENED SUNDAY
Public Will Be Given an Oppor-
tunity to Visit Popular Fam
lily Resort.

In order that the general public may have
ample opportunity to visit Germania Park,
and thus get an idea of the improvements
which have lately been made and OF sew
eral new features of interest which have
been added an informal opening of the
park will be held on Sunday. May Is. The
special improvements include the building
of restaurant and the dance hall.
On Sunday, May %, the formal opening
will be held, and this opening can only be
attended by members. The programme Will
include songs by the German Singing So
ciety and exercises by the Turner'S.
During the summer a musical entertain
nent will be held every Sunday afternoon
in charge of Prof. Karl Rigner. the direc-
tor of the Indianapolis Liederkranz Society
The aim which the promoters of the park
have in view is to make il a family resort
and every effort has been made TO make the
grounds and surroundings attractive.
The park can be reached conveniently by
a Shelby-street car. Passengers should get
off at the southwest corner OF Garfield
Park and walk two squares out. Ample
provision has been made for the accommo-
dation of carriages
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13

CONCLUDED FROM FIFTH PAGE)
outstretched and his stolid, sharply defined
face bespeaking an undying determination,
Senator Ulrey kept up his direct demands
to say, Mr. Chairman" he shouted almost
with his last breath, what we shall do I'M
til we adopt one of those reports? Give us
little breath and don't apply the gag
yeti! From all parts Of the house came
shouts from the Parkerites of "Sit down."
Put him out!' "Close him up!'
The tense situation seemed about to
break into fight and the corps of police
men who were stationed in the of the
hall distributed themselves through the
crowded aisles. After some minutes partial
order was restored and the vote was taken
on the two reports.
SMITH TAKES THE CHAIR
Alonzo Greene Smith then assumed the
arduous duties of chairman, amid great
cheering from the Parker men, while the
Hearst faction Kissed and howled. Mr..
Smith made an address of about thirty
minutes. little of which heard because
of the confusion and noise among the dele
gates. His speech seemed framed more for
the purpose of rubbing it in on the
Hearstites, who hooted and jeered Its con-
text at many places.
The same Cnmanageable and riOtouS dis
order prevailed when the reports of the
committee on resolutions from the majority
when John r. East mounted the stage and
in arguing against the majority report to
instruct the delegates for Parker, said:
81 don't believe it is right or Democratic
to send our delegates to St Louis bound by
instructions. If it's Parker, / am for Par
ker; If 1t is Hearst, am for Hearst; If it s
George b. Mcclellan. / am for McClellan!
The Hearst contingent raised the most
deafening shout of the convention at men
ton of McClellans name. They. waved
their hats, stood upon their chairs and
cheered until the whole building seemed to
shake with the pandemonium.
The only approach to order during the
convention was when speakers from both
factions were arguing the question OF in
structing the delegates to the national con-
vention. 1t was noticeable that the speeches
of the Hearst cohorts made an impression
many of the delegates. However, when
1t came to the vote. the clogging of the ma
chine could not be accomplished by the su-
preme efforts of the minority.
Throughout the convention a crowd of
the most interested spectators was COM
posed of prominent Republicans gathered
about the organ in the rear of the stage.
smiling down upon the clawand-fang
struggle of their political opponents.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
CITY NEWS NOTES.

Camp No. ?. Patriotic Order of America
gave a successful box social at its hall
at the corner of New York and Alabama
streets last night.
The American Central Life Insurance
Company, of Indianapolis. has paid $500 to
the estate of the late Parker J. Boice< being
the full amount OF its policy upon his life.
On Saturday afternoon. May IA, a cake
sale will be held al the home of Mrs. ".
a Hyde, 1916 North Delaware street for
the benefit of the Ladies Aid Society OF
Mayfiower Congregational Church.
The Woman's Foreign Missionary Society
of Roberts Park Methodist Church will
meet at 230 this afternoon with Mrs NJ J.
Allison 24ii Broadway. Mrs. Rose Coleman
will read the paper of the afternoon
The Young Woman's Missionary Society
of the Second Presbyterian Church will
give a musicale May Is at the home OF
Mrs. Herman Munk. 40 East Michigan
street. An admission Of . cents will be
charged
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
Serious Auto. Accident.

LONDON, May 12.-The eliminating tests
on the Isle of Man to decide which cars
will represent Great Britain in the race
for the James Gordon Bennett international
automobile cup race ended to-day with
a serious accident. During the final speed
trials car driven by C carp. one of the
prominent competitors, collided with a. wall
and was completely smashed up. carp and
his brother were shockingly injured. and
some of the spectators sustained injuries
Earps brother who was acting as machin-
list, fractured his skull and is believed to
be seriously injured
The judges selected as team TO repre-
sent England 5. +. Edge, Sidney Girling
and Charles Jarsott- The committee an
nounced that Clifford carp would have
been selected if there had been no accident.
Edge filed protest against the disqualifi-
cation of carp and announced that he
would resign from the team unless the
Judges recOnSidered their decision.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
SON OF MILLIONAIRE
MISSING FROM HOME
Fred Moon Fears Reprimand at
Louisville School and Dis
appears.

ST. LOUIS, May 12.-Search is being
made here for Fred Moon. aged fifteen
years, son of William Moon, a Louisville
millionaire. The missing son was last seen
last Friday. when he went to school in
Louisville. 1t is said he left fearing a reprf-
mand because his lesson was not prepared.
Col. ]. II. Hager, ex-chief of police of
Louisville. friend of Mr. Moon. arrived
in St Louis to-day on a hunt for the run
away, and after learning that the boy had
not put in appearance at the house of
his uncle, who lives here, asked Chief of
Detectives Desmond 10 aid him in his
search.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
OFFICERS CHOSEN BY
THE PORTFOLIO CLUB
Significantly Meeting Is Held in
the Metropolitan School
of Music.

At the semi-monthly meeting of the Port
folio Club, held last night at the Metropoli-
streets, the following officers were elected
for the ensuing year: President, Adolph
Schmuck; vice president. w. G.. Hunter;
secretary, Mrs. Edward Hunter; treasurer,
Mr.. Edward Hunter.
Preceding the election, the club was de-
lightfully entertained by Mrs. j. G. Doer-
ing, of Japan, who gave fine talk on
Japanese life Mrs. Doering had lived in
Japan over ten years. On account of the
topic of the evening being on Japan DR..
Brayton had collected number of
branches from the ginko tree, which is a
native of Japan. and spread them about
the room.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
RECEPTION IS GIVEN
BY THE INDIANA CLUB
Visiting Democrats Entertained by
Local Organization-Kern and
Wendell Speak.

The visiting Democrats who were in the
city last night were given reception by
the Indiana Democratic Club at its club
house on North Pennsylvania street A
large crowd was present and the evening
was enjoyably spent. Music was furnished
by an orchestra and at intervals speeches
were made by prominent Democrats pres
ent. Among those who made speeches
were John w. Kern and o. L. Wendell.
Mr. Wendell is from Chicago and is editor
of the Calling Gun. He is a very interest
ing talker and his remarks were received
with much enthusiasm by those present
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13

Special to the Indianapolis Journal
LAFAYETTE, Ind, May 12-With every
man in the best of condition, the Purdue
track team left here tonight for Cham
paign for the dual meet with the University
of Illinois team tomorrow afternoon. As
the result of a week of hard practice since
the Indiana meet the Purdue athletes are in
better form than ever before. and are con-
fident of winning a majority OF the events
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
DELEGATES DESERT
LOSING CANDIDATE
Hearst's Headquarters, Where
Lavish Hospitality Prevailed,
Left Almost Barren.

For a week the rendezvous of an ami
mated and Jealous crowd of active poiti-
clans, the Hearst headquarters at the
Claypool Hotel were almost totally de-
serted last night few hours after the
crushing defeat of their champion. All
the doors on the eighth floor closed
and locked and only the glaring posters of
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
FIREMAN RECEIVERS
FROM HIS INJURIES

John Mountain, a member of hose COM
pany No. IA, who has been unable to work
for year because of injuries received in
collision between the hose wagon and
street car will return to work again to-
day. Mountain will be assigned to truck
company No. 9
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
Attell En- Route East.

Special the Indianapolis Journal.
CHICAGO, H.. May u.-Abe Attell, in
company with Kid Farmer and Nate Lewis.
leaves for Philadelphia tonight. where At
tell will meet Young Erne in the windup
of Jack McGuiggens show Saturday night.
Kid Farmer and Jack ONeil will fight the
semi-windup. While i'm Philadelphia Nate
Lewis will try to match Terry McGovern
and Kid Herman.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13

BY decision handed down by the Appel
late Court 1t is unlawful for any City Coun-
Gil to receive bids for the Improvement of
a street and designate the sort of pavement
to be used after the bids have been re-
ceived. The decision was made in the case
of Charles M. Miller against the city of
Bluffton. The court acted under the law of
1901.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
SAWBLADE SHEARS.
Cutting Appliance That Has Just
Been Patented.

Here is a new idea in the shear and scis-
sors line that surpasses anything of the
kind yet invented. 1t is the product of the
fertile brain Of man who glories in a
residence at East Hampton, n. Y. The
blades of these shears work together just
as do the blades of similar cutting nstru-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
Plan for Fourth of July.

Committees from the five camps of the
Patriotic Sons of America which are locat-
ed in this city will meet tomorrow evening
in Haughvile and complete plans for
old-time celebration of the Fourth of July.
1t is the plan Of the order to have the
Declaration of Independence read and a
number of patriotic speeches made.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
Casting Company Wins Suit.

In the case of Amecy Lewis against the
National Malleahle Casting Company, of
this city, before Judge Anderson, of the
Federal Court. yesterday afternoon the jury
was instructed to find for the defendant.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
ASKS s2o,ooo for street Car Injuries.

Maggie Carr yesterday filed suit in the Su-
per.or Court against the Indianapolis Trac-
ton and Terminal Company for $4,000. In
her complaint it is alleged that she was
painfully injured in her entire body by
falling from a street car just as she was
alighting at Washington and California
streets during May of last year. She says
the employees of the car were negligent and
started the car too soon.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13

ments, but there is a substantial difference
in their edges. can be seen by the ac-
complaining picture. One OF the blades is
made up of a series of sharp beveled teeth.
which give it the appearance of a miniature
saw.
The advantages obtained i'm the use of
these shears can easily be appreciated. The
saw teeth take a firm hold on the cloth
and successfully opposing their edges TO
the cutting edge of the opposite blade they
make the operation of cutting vastly easier.
and enable the user TO do much more eff
cient work than he could perform with the
ordinary shears.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
SAYS WIFE TOLD HIM
HER LOVE WAS DEAD

In a complaint for divorce filed by John
j. Johns against Hattie Johns, the former
alleges that his wife told him that she did
not love him, correspondent with show
man and refused TO cook his meals. He
asks the custody of the two children.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-13
With the Amateurs.

The Silent Hoosiers defeated the 1. b. u.
yesterday by a score of 20 TO 3. Batteries
McCarty and Thursman; Collier. Gibby and
Finley
The World Beaters want games with any
team under nine years of age. Call New
phone 1862