The Indianapolis Journal from Indianapolis, Indiana • Page 10

THE INDIANAPOLIS JOURNAL, SUNDAY, NOVEMBER 15, 1903. pahtoe. 7 RACHEL SWAIN COMPLAINS i SLI ACAI.XST JOSEPH II- KERR AD LA KENS B. FREEMAN. 5 I glie.Iles;r tlint She AsaieI Obligation Inder Misrepresentation Other Coart iri.

A Irfll of complaint was filed In the Federal lCourt yesterday by Rachel Swain, of this city, against Joseph II. Kerr, of St. Lou.li. and Laurens B. Freeman, of charging thern with-misrepresen-tatlrjn and fraudulent conduct In the sale ity shares of stock In the Depurator Med'cal Institution, of Indianapolis.

Tit bill includes eighteen paragraphs of com Iainta against the two rraen. who held the stock of the oompany. It it argd that In order to Induce the com-plai ant to purchase stock. W. S.

Rowley was employed to form a compact, represent -d to the complainant that he would pun nase one half the shares. If she would nur. nana th remalnine half, and Install fcer aid i a r. I 1 t.nt (aaou fon, remon Dwa.111, in me uu." the manaeement of the Institution. Fv the rther.

It is charged that the affairs of Company were represented by the de-ants to be in a nrst-class and prosper Xn ous honditlon and having an Income of over elgrf: thousand dollars a year, whereas, trut the company was In debt ana still money. Prior to the discovery of the fed fraudulent conduct, the complaln- losi alle nt bald and dlscharsed seven of the notes lallMg due. amouting to $1,713.64. The re mainder are still unpaid and the oratrix prats that the contract whereby she agreed to ljjrchase one-half the stock of the com- panr be annulled and rescinded and her moihy refunded. WILL HUNT FOn STOCK.

Xllr nie G. Ward Granted Permission by the Circuit Coart. nnle G. Ward, the defendant In a dl- ycre suit brought by George Ward before Judfce Allen, of the Circuit Court, recently, filed a petition arking for an order to authorize the Indiana Trust Corn-pan, through the manager of the safety deptsit vault department, to open a deposit box rented by her of the trust In order to see If there are any certificates of stock in it. The order was grafcted.

Mfs. Ward alleges In her petition that he'deposited in the box about $7,500 worth of jtock issued to her husband by the Engirt Hotel Company and about J3.000 worth of tock issued to her husband by the Indians Hotel Company, owner of the Claypool Hotel. She said that her husband advised her I to dismiss her divorce proceeding filed agi nst him last September, and he agreed r.ot to dispose of the stock on deposit in the trust company. Mrs. Ward further stages In her petition that she learned since thsiftllng of the divorce proceeding by her hu: band that he has assigned all the stock to party or parties whose names are un-kn; wn to her.

The purpose of the order Is to ascertain whether or not the certificates of stock are still in the vault. LOST FOLK FI.t'üEItS. ErAest C. Loney Sues Parry Mnnnfnc- I tnrlug Companr for 10,000. Parry Manufacturing Company Is defendant In a.

$10, CM) damage suit file I yesterday In tho Superior Court by Enest C. Loney on account of personal Inj rles received while in the defendant's em loy. ney alleges that he was employed on a i achlne to cut throat3 on rpokes in one of he defendant's factories Known as the Eh- en wheel works. The machine, he all ges, was old and worn out, and the scr ws had become loose and 'needed ment. There were little pegs placed In 'evolving rims, which caught the spoke ad it was placed in the macMne and Carrie it into the knives, which cut the throat.

Th se pegs had become loose and worn, and in rder to get the spoke to the knives it wa i necessary for the operator to hold the with his hand and wal around the ran hlne, at the same time pushing it into coijtact with tho knives. On Aug. 5. 1303. as he was so operating the machine his was drawn into the machine and upen the knives and four of his fingers wele amputated.

JCDG3IEXT FOR if' 00. CI Dieppe Alledonne Recovers from the Pennsylvania llontl. useppe Alledonne, by hi3 next friend, Rosaseo, j-esterday recovered a Judg- nwjii of J50Q and costs agaiDst the Penn- ac ania Railroad before Judg? Leathers on fount of permanent Injurte? received in bilislon of the defendant cars Sept. 5. he complaint alleged the plaintiff was a xnFnbcr of the defendant company's con- at: fiction gang.

On tho day of the Injuries CO hplained of the plaintiff was in a box car loifued on the company's road between the Bfft railroad and the railroad station at Ir i ok ton. which was used as a boarding an sleeping place for the construction ga A cut of cars and engine in ch rge of the company's employes collided Witt the boxcar with such force that It thjew the plaintiff against the side of the cat, causing him to suffer permanent Injures about his head and back. Alledonne asted lor damages. The defendant flld an answer of irpnpral dff.ial and the evidence -was submitted to tat court, who found for th- plaintiff. MRS.

I 1 1 AM Jilry la Jadse Carter's Conrt Finds in Her Favor. "he Jury in Judge Carter's court thai tr -d the appealed case of Bishop John II zen White, of the Episcopal diocese, to ej ct Mrs. Jennie Cunningham out of the pr perty at 422 North Pennsylvania street iterday returned a verdict for Mrs. C' nningham. She will be allowed to rein In In tho property so lomr as she pays tr rent or until the property is sold.

he case was originally tri before Jus-ti a Stout, and Mrs. Cunningham allowed tl Judgment to go against her by default In? order that she might appeal it for the of the hlfcer court. Mrs. Cunningham defended the case In the higher cc irt on the ground that there was an reement existing between the bishop and rself to tho effect that she hold the pi )perty so long as the rent was paid, or Ul the property was sold The attorneys fc Rishop White contended that there was such ugreement. Complaint of Mae Holmes.

Holmes yesterday pe'itioned Judge leathers for a divorce from Oscar Franklin Ililmes. Mrs. Holmes alleges in her com-pl lint that her husband was cruel and inhu-ix in in his treatment of her; It is alleged tl at he had a "pouty" disposition and a temper, and that he habitually and ocntlnually. for long periods of time, would Tuse to sptak to his wife. He refused to fi rnish his wife with money, clothes and visions for her support.

Mrs. Holmes fi rther charges that her husband asso-c ited with other women and corresponded th them, liolmea abandoned his wife on 8 pt. and left her without any means support. The plaintl.t asfts that Phe le a divorce and allowed fcl.Ox) ali-njony. lleatornllna of lteveue Taxe.

Defendants in the case of the Consumers is Trust Company against the United 6 ites for the restoration of revenue taxes fl h1 a brief on demurrer i the Federal -urt yesterday alleging that the complaint es not stat" a cauro of action. irhe suit was brought by the Consumers Clva Trust Company to havr revenue taxes liountlng to refunded to them on tl grounds that the does not oyn or control nip line within the mean. of the law. The taxes were raid some tine ago. but Immediately affr the tiav- clect was made the comnauy tiled suit.

9 THi COIRT StrPERIOR COURT. Room 1 John L. Mc Master, Judg. Ftren lUrrlton Vf. Charles Harrijwn: dl- rce.

buumitted. I'art of evidence heard. C.iLaltted. Uvldenco heard. Finding and decree for plaintiff, with custody of minor child, Ira Samuels, age two years, until further order of the court.

Judgment against defendant for costs. Ocie Swisher vs. Harry Swisher; divorce. Submitted. Evidence heard.

Finding and decree for plaintiff, with restoration to her maiden name, Ocie B. YiernelL Judgment against defendant for costs. Room 2 James M. Leathers, Judge. William 1 Tomlln vs.

Indianapolis Street-railway Company; damages. Jury returns verdict for and assess his damages at to. Giuseppe Alledonne, by next friend, vs. C. St.

Lt. Railway Company: damages. Submitted to court. Evidence heard. Trial and finding.

Judgment against defendant for j0 and costs. Room 3 Vinson Carter, Judge. Miles C. Huyett vs. The American Stoker Company; attachment.

Judgment against defendant for $1,500. Larkin V. Elliott vs. Lydia E. Defrees et mechanic's lien.

Decree of foreclosure. Finding of and Jli attorneys' fees due platntilT. Knight Jiilson vs. Thomas J. Clarke; note.

Dismissed. Costs paid. Theodfjire V. Oldendorf vs. Edward F.

Claypool, et damages. Judgment against plaintiff for costs. CIRCUIT COURT. Henry Clay Allen, Judge. JosepSi Kernel vs.

Western Underwriters' Insurance Company. Dismissed and costs paid. John H. White vs. Jessie Cunningham.

Jury returned verdict for defendant. S. Byram vs. Willis Privitt et al. Submitted to court.

Judgment against defendant for $700 and costs, without relief. NEW SUITS FILED. Alice Goodman vs. Harry E. Goodman; divorce.

Superior Court, Room 1. Ernest C. Loney, by next friend, vs. Parry Manufacturing Company: complaint for damages. Superior Court, Room 1.

Mary S. Jones vs. John W. Jones; divorce. Superior Court, Room 3.

Mae Holmes vs. Oscar Franklin Holmes; divorce. Superior Court. Room 2. The Berkshire Life Insurance Company vs.

Emellne B. Ridenour et foreclosure. Superior Court, Room 3. HIGHER COURTS' RECORD. SUPREME COURT.

Minutes. 20193. Seth Crawford vs. State of Indiana. Sullivaa C.

C. Appellee's brief (8.) 201S. Edward West vs. State of Indiana, Sullivan C. C.

Appellee's brief (S.) 20173. Mary L. Myers et al. vs. George E.

Manlove et al. Fayette C. C. Appellees brief 8.) New Suit. 20218.

John A. Streben et al. vs. Jacob S. Laven rood et al.

Miami C. C. Record. Assign ment of errors by appellants except Plotner and Ave others. Assignment of errors by Snyder and two others.

In term. Bond. APPELLATE COURT. Minutes. 4347.

The Indiana Nitro-glycerln and Torpedo Company ts. the Lippencott Glass Company. Madison 8. C. Appellee's brief (3.) 4313.

Pensnsylvania Company vs. Delphins Coyer, administratrix. Porter C. C. Appellee' petition for Additional time.

S08. The Karges Furnitur Company vs. the Amalgamated Woodworkers' Local Union. No. 131.

et al. Vanderburg S. C. Joinder of part of appellees. CALL ILLEGALLY MADE ADJOURNMENT OF COUNCIL "WITHOUT DOING ANY WORK.

Mayor Holtxman Failed to Specifically State the Reason for the aieetlny. The Republican members of Council would not consider City Controller Dunn's request for a special appropriation for the miscellaneous fund, at the special meeting last night, becauso Mayor Holtzman did not hsue the call for the meeting la accordance wth the rules of Council. Not more than five minutes after President Billingsley called the meeting to order a motion by Councilman Crail, of the rules committee, to adjourn, was carried. The Democrats stood solidly against the motion to adjourn. Mayor Holtzman's call for the special meeting, which was read by Clerk Fogarty, stated that the purpose of the meeting was "to receive communications from the mayor and to receive and act on ordinances." The peciflc purpose of the meeting was to have Controller Dunn request Council to pass an ordinance appropriating about with which to replenish the miscellaneous fund.

In making the motion to adjourn Chairman Crall. of the committee on rules, explained that Mayor Holtzman's call for the special meeting did not conform with the rules, in that he did not "state specifically" the purpose of the meeting. At a recent session the rules of Council, regarding special meetings, were ameuded so that any communication or ordinance to be considered at such meeting, or to be acted upon, must be "specifically stated" In the call. Under this rule no communication or ordinance which is not referred to specifically in the call for a special meeting can be considered at such time. To forestall the possible criticism by friends of the administration, the Republicans refused last night to consider the controller's request for an appropriation for the miscellaneous fund, for political reasons, Chairman Gasper, of the finance committee, made the following statement: "There is no spite work or any motive of that sort in the action of the Republican members of Council in adjourning the meeting to-night.

Under the rules Council could not act upon a single matter at this meeting. The Republicans adjourned the meet-lug because the mayor failed to issue tho call in accordance with the rules." STORY OF WIFE'S REVENGE MRS. ALBERT ROSS CAUSES HER HUSBAND'S ARB EST. He Deserted Her in St. Lonla and Brought Their Two Children Here Short In Accounts.

When Mrs. Albert Ross, of St. Louis, came to Indianapolis and found her husband, who had deserted her, taking their two children with him, she Immediately began to make plans to have him taken back to Et. Ix? is to answer to the charge of embezzling from tho company which emplojed him there, the West End Coal and Feed Company. Mrs.

Ross professed to be glad to Join her husband when she found him living here with their children at the home of his sister, Mrs. Whitesides, and gave him to understand she would forgive him for deserting her. But she wasn't going to forgive him, nor did she want to live with him again. Right while she was pretending to "patch things up" with him she was laying her plans to have St. Louis detectives come here and take htm back to St.

Louis. A few days later Detective Fred Cos-grove, of St. Louis, arrived here, after communicating with Ross. That night Mrs. Ross and the children started for his father's home, at Lilly.

111. Ros3 went to the Union Station with them. Detective Cosgrove followed Ross back to his sister's residence and arrested him. He was taken to St. Louis and placed in jail to answer to the charge of being short $432 in hU accounts with the West End Coal and Feed Company.

The story of Ross's desertion of his wife and the wife's revenge opens with the family living comfortably at No. Jo57 Fairfax avenue. St. Louis. One day, about two months ago, or more.

Ross went to his home early in the afternoon. He told his wife that he wasn't busy that afttrnoon and that he would take the children out for a street car ride. Mrs. Ross dressed them and after kissing his wife Ross and the children left the home. When night came and the children were still away.

The next day Mrs. Rosa reported her husband's disappearance to his employers. They found that he was in his accounts. A warrant for Ross's arrest whs sworn out immediately and Mrs. itos began the sarch for her husband, which ended a short time ago in this city.

She discovered that he was living here by corresponding with his sister. Mrs. Whitesides, concerning his disappearance. TWO NEGROES ARRESTED GEORGE HURT AND YOUNG GUILTY OF 31 ANY ROBBERIES. The Colored Yontha Taken Into Custody by Detectives Colbert and Hauscr Written Statements.

Patrolman Lee and Detectives Colbert and Hauser yesterday arrested George Hurt, No. 17C7 Northwestern avenue, and John Young, of Walcott street, both colored, and slated them at the police station cn charges of entering houses with intent to commit felony and grand larceny. The two colored men have been doing the greater part of the robbing which has so alarmed the citizens of Indianapolis during the last few weeks, and when placed In the sweat box at the police station yesterday they confessed to robbing many places and said they were implicated in thefts in many more. Arthur Pernell, who was arrested on Friday night by Blcyclemen Simon and Morgan, it is said, Is one of the companions of the two negroes arrested yesterday, and he is supposed to be one of the colored men who attempted to hold up Charles H. Comstock neaihis home several nights ago.

WRITTEN" STATEMENTS. The negroes arrested yesterday made written statements of the thefts which they could remember, but said there were many others. The statement is as follows: "'Pal-ma flats, at North and Senate avenue, apartments of Mrs. Temple, secured S5 cents; residence at No. 31 West Vermont street, home of Dr.

Collopp, gold watch and residence at No. 2229 North Delaware street. residence at No. 2(TJ2 North Senate avenue. $20: residence on Illinois street, between Michigan and North streets, a revolver; residence on Pennsylvania street, between Walnut and St.

Clair streets. residence on North Capitol avenue, between Fifteenth and Sixteenth streets, S8; Lexington flats, a pair of trousers; residence at No. Ill West Eleventh street, broken into, but nothing secured; residence at No. 1301 North Illinois street, a hunting coat." As to the facts of these thefts the negroes were agreed, but there were many others where the exact location of the houses was not fixed in their minds. When they were taken before the superintendent of police they both confessed that they had been implicated In a number of thefts, but before they had gone very far with their confession they began to quarrel as to which one did and which did not enter the houses and as to the amount of property secured.

STOLEN PROPERTY. Before they had gone far they disclosed all they knew to the police and told where much of the stolen property could be found. Sult3 of clothes, overcoats, hats, shoes and all kinds of Jewelry were recovered by the men who arrested the negroes, and a number of watches and rings are known to be In certain pawnshops. Much of the stolen property will be recovered and will be held at the police station for identification by the owners. Hurt and Young said they seldom worked at night and explained to the police that most of their thefts were committed in broad daylight, when it was known that the inmates of the houses were away.

The negroes are both eighteen years old, but they have been in trouble before In spite of their age. They will be given a hearing before Judge Whallon, of the Police Court, to-morrow morning. NEWS OF THE HIGH SCHOOLS. M. T.

II. 8. Notes. The Z. Z.

Z's met yesterday with Betty Coulson. On account of the large number of visitors expected at the trial next Wednesday it will be held in the auditorium Instead of room B. The younger section went to the auditorium Friday afternoon in the fourth hour. Prof. W.

J. Howells, of Butler, gave an interesting talk on his travels in the Alps and Rhone valley. The Laconian Maids, a January, 1905, athletic club, took a three-mile walk yesterday, starting from Garfield Park. They have decided upon a brown skirt, blue blouse and red tie as their uniform. The January, 1905, class at a meeting held during the fourth hour Friday decided that the price of their pin should not exceed $2.50.

They will present Mr. Emmerich with the colors and pin and Miss Foy with the former. A new "frat" has been organized in room called the ZI-Kis of Tanzo. The charter Japs are Jesse Gray, Cliff Harrod, Cecil Wilson and John Logan. Miss Foy Is an honorary member.

They will meet next Thursday at the home of Cliff Harrod. The Senate met as usual Friday evening in room B. The bill on woman suffrage was overwhelmingly defeated. Senator Quay (R. Mcintosh) then made a long speech, defending his bill for the government ownership of railroads.

Foraker (A. Eldrldge) led the opposition. Several Short-ridge senators attended the meeting and praised tho work of the body. They were invited to attend the trial. A string orchestra has been formed to take the rlace of the old mandolin club.

It will be led by Clarence Martin, and will hold the first rehearsal next Friday. The members are: Ethel Slmms, piano; Frank Gaston, drums: Martin, guitar; C. Chess, banjo; N. Horner, mandolin; T. Garber, mandolin and guitar; J.

Dow, C. Butter-field and J. Logan, mandolins: G. Underwood, J. McCrae and T.

Stempfel, guitars; II. Cllppenger and H. Rhodehamel, violins. The June. 1904, class will publish an annual this year, a custom which was dropped two years ago on account of the great expense.

It will be entirely a class affair, and in this respect differs from its predecessors. It will contain pictures of all the teams and many of the school organizations, but will have no advertisements. Walter Geudel, editor-in-chief of the Mirror, has been chosen to fill the same place on the AJhnual. He will select the different heads of the editorial departments. Carl Brown has been elected business manager, with the assistance of a board composed of Allan Burke.

John Burke, Nell Horner and Otto Krauss. Shortrldge Nctt Note. The drawing classes have taken up pencil work. All the students that have taken tickets to sell for the Creatore concert must return them to -tho treasurer of the class Monday. Short stories and poems that Mr.

Thomas requested his English classes to write for the annual, must De handed in earlier than was first announced. The short story will be due on Dec. 11, and the poem will be called fqr tho first week after the holidays. In order that the students shall commence thinking about the plan of their stories immediately and so that the annual will excel those of previous years especially in these short stories, the pupils have also been reuuested to hand in ahd an outline of the same by next Friday. As soon as these stories have been handed in, and the selection of the two or three best is made, which will require several weeks, the chosen stories will be handed to tho art department for illustration.

Rolland Barnett. Lillian Clark and Alfred Brandt, senators of the Shortridge Senate, visited the Manual Training School Senate Friday. The Shortridge "senators were very cordially received by the senators of the South Side school. Alfred Brandt was first called upon for a speech, and after being escorted to the front by one of the senators, extended the greeting of the Shortridge Senate and expressed his opinion that there ought to be a friendly feeling between these two bodies. The Manual senators grew enthusiastic and required the other two visitors to address them.

After the call, the Shortridge senators went to their own Senate, which meets after the South Side Senate ha3 adjourned, and reported to their' fellow senators the invitation to attend a trial that is to be given under the auspices of the Training School Senate. Notice to Tenant to Vacate. The federal government has ordered the tenants of the Ohio street side of the new postofhee building to vacate about the rirst of March, as they will be in the way of the contractors. K. O.

Strathman. superintendent of construction, fays that if the weather is favorable, the outside walls of the building will be finished by the ilrst of Apr iL lie is now engaged in building up the north front. The public objected to the original plans for the north front for the reason that It was considered too plain and a special appropriation was made to change the front. As soon as the walL are completed. the work of roofing the building will be begun.

The- interior marble work Is already under way and is being rapidly finished and the work of putting in the fireproof floors will be begun in about a week. BLAME BESTS ON BYEBS. (CONCLUDED FROM FIRST PAGE.) m. on the 31st day of October, 1903. There was at the time of said collision an ordinance of the city of Indianapolis in full force, providing that engines and cars should not be run In and through said city at a rate of speed greater than four miles an hour, and I find that both said trains were being run at, and for some time before said collision, along said railroad at a speed greatly in excess of the rate prescribed by said ordinance.

Said switch engine was being run at a rate of sjteed ot about nine miies an hour and said extra passenger train was being run at a rate of speed at or about thirty miles an hour. "One of the rules of said railroad, special rule No. 23, which was in force on said date and for some time prior thereto, provided that 'trains not scheduled, when permitted to run between North Indianapolis and shops, must keep under control, expecting to und track occupied by yard engines. The evidence shows tnat said extra passenger train was not at said time being run unuer control, and with within the limits prescribed by said rule. But I further find that the train orders which were given to the engineer and conductor on said extra passsenger train, and under which orders said extra train was being run, fixed the time lor the arrival of said extra train at North Indianapolis, North street and the Union Station, in said city, and in order to carry out said orders it was necessary to run said extra train at a high rate of speed.

CREW OF SPECIAL EXONERATED. "It had been the custom and practice of said railroad company and Its officials to protect all extra trains between said North Indianapolis and said Union Station by the chief train dispatcher of said company, B. C. Byers, located at Kankakee, 111., notifying John Q. Hicks, the general yardmaster of said company of Indianapolls, and all yard and switching crews were notified from the office of said John Q.

Hicks of the time when said trains would be between said North Indianapolis and said Union Station, and said switching and yard crews were required at such time to keep their engines and cars off the main track of said railroad company, Including the place where said collision occurred, and under this custom and practice I find that the engineer, William II. Shumaker, and conductor, F. M. Johnson, of said extra passenger train, No. 330, were warranted in believing that the said track of said railroad company would be kept clear for their train, and that the train would be protected against all switch and yard engines and cars.

On said date there were two extra passenger trains, Nos. 350 and 1S3, from Lafayette, to Indianapolis, and lt was said extra train No. 350, which collided with said switch engine, No. 84, and cut. The second of said extra trains was being run about fifteen minutes later than the first of said trains, the time of both said trains being the same.

"The evidence shows that said special rule No. 23 was lived up to in its letter only In cases of emergency andwas not followed when there was time sufficient to give notice to protect extra passenger trains, and the officials and officers of 6a id road must have known from the handling of extra trains, that said special rule No. 23 was not being complied with, except in emergencies. DISPATCHER FAILED IN DUTY. "I further find from the evidence before me that the chief train dispatcher of said company at Kankakee, 111., Aid not notify said John Q.

Hicks, general yardmaster at Indianapolis, of the time of the expected arrival of said extra trains, and for that reason no notice was given through the office of said John Q. Hicks to the switching crews under him of said extra trains. If the office of said John Q. Hicks had been notified it would have been under the custom and practice of said company, the duty of said office to notify the telegraph operator at North street, the switch tenders of said company at Market street and Senate avenue and the assistant yard-master at the Shelby-street shops of said company in said city, and through them said extra trains would have been protected. "I find from the evidence that said collision occurred -through the failure and neglect of said chief train dispatcher to notify the office of John Q.

Hicks, general yard-master at Indianapolis, of the time of the expected arrival of said extra trains so that through the orders of said John Q. Hicks said extra trains could have been protected. "I have found that there was no printed rule requiring said chief train dispatcher to notify the offices of the general yardmas-. ter at Indianapolis of the expected arrival of extra trains, but I find that it has been the custom and practice to do so. "I find that the deaths of all said persons, upon whom I have held said Inquest, were caused by injuries received in said collision, they being at said time passengers upon said extra tralA No.

350." SnOCK IN LAFAYETTE. Coroner's Verdict Reacts on Stricken City Elder Dyera'a Statement. Special to the Indianapolis Journal. LAFAYETTE, Nov. 14.Coroner Tutewiler's verdict In the Purdue special disaster investigation caused a sensation in Lafayette when it became known that Bert Byers, of this city, chief dispatcher of the Big Four at Kankakee, had been held responsible.

Relatives and friends of Byers in this city had heard rumors that he was partially to blame for the catastrophe, but none of them even dreamed that he would be held alone accountable. Bert Byers was born and bred in Lafayette and is as well known and generally liked as any young man in the city. It was here ho received his education and learned telegraphy. He is the son of William G. Byers and a nephew of Parker A.

Byers, at one time champion billiard player of America. As a boy he was employed in the Western Union telegraph office and soon became a proficient operator. Later he accepted a position on the Peoria Eastern Railway, where he worked for more than a year. It was his first position as an op erator. He left the employ of the P.

E. to accept a position on the Wabash at West Point, Ind. He worked there for five years. Five years ago he went to Kankakee to enter the dispatcher's office and soon rose to the place of chief. It was a terrible shock to the father, who nearly fainted when he heard the news.

It was not entirely unexpected, for the elder Byers for a week had been expectantly awaiting the coroner's finding. "I have been pacing the floor every night," he said to-day when interviewed by the Journal correspondent, "and both myself and his mother are nearly prostrated. Public sentiment has fixed the blame on my son. but he has assured us that he is not alone accountable for the disaster. We will fight the verdict, and if necessary will take the case to the highest court In the land to have It set aside.

The coroner is wrong, and the railroad officials have the right of the affair. They know more about such things than the coroner. Bert ran the excursion on exactly the same basis that he has run many others. The crew of the train violated the speed limit rule. No.

23, that is sure. They had the right of way, but were told to keep the train under control In North Indianapolis, for they might meet a yard engine. "My son was home a few days ago, and he said to me: 'Father, if I knew I was to blame for that awful thing 1 would not want to live longer. I know some one in Kankakee is going to be held responsible, for the coroner is working that way. I knew there were many of my personal friends cn that train, and do you suppose I'd take less care with it than with others I have safely run? 1 was very careful to send the order "All railroad officials," continued Mr.

Byers, "have exonerated my son. I believe Bert will come out of it all right, as I think the railroad people will take some action to protect him. It is a hard blow to us, but we know he is innocent." It Is stated by one of the dispatchers at Kankakee, whose name cannot be given, that on the day of the wreck Byers was on duty, but that the chief dispatcher gave the train order to subordinates ia the office in plenty of time to send it over the line. It is a strange coincidence that the cause and result of the wreck should rest in Lafayette, as the coroner's verdict decides. Sixteen men from this city were killed, and now a Lafayette man is held responsible for the disaster.

AIDED BV A MAP. It Is Used by the Coroner In Ills In realisation. I. II. Bishop, the telegraph operator, at Shelby street, is not mentioned in the ver- diet.

Engineer W. H. Shumaker and Conductor Johnson are entirely exonerated by Coroner Tutewiler's verdict. Although they violated technically a rule of the company prohibiting trains being run at high speed in the city, the coroner's finding says they were warranted in doing so by custom and orders inconsistent with the rule. A map prepared by Deputy Coroner Dr.

Gels, showing the tracks of the Big Four in Indianapolis, the switches, the location of telegraph offices and switch tenders and others in charge of running trains and keeping the track clear, was of much assistance to the coroner in reaching his decisions as to who was responsible for the wreck. By this map it is shown clearly that if Yardmster Hicks had been notified by Train Dispatcher Byers that the specials from Lafayette were coming, he would have notified the switch tenders, and when the Big Four switching crew started toward North Indianapolis, they would have been notified of the approach of the special by the switch tenders at Kentucky or Senate avenue or Market street, or by the 'operator at North street. STJBUBB IN. AN UPB0AB. (CONCLUDED FROM FIRST PAGE.) other articles, which they recognized as stolen property, but the doors of the residences were locked and they were not prepared to break into the abandoned homes at that time.

At the prominent loafing places in Brightwood, Knickerbocker, the first railroad employe arrested has been dubbed the "King of Big Four Robbers," and he is spoken of in tones of disgust by the entire community. Two or more arrests will be made by the detectives to-day, as they have conclusive evidence against several of the railroad men who will be in the city over Sunday. At Bellefontaine, the other end of this division of the Big Four, are the homes of many guilty employes of the road, and there are many residents of Brightwood who, on being apprised of Knickerbocker's arrest and his full confession, implicating dozens of his fellow-trainmen, remained In Bellefontaine, refusing to bring their trains back to Indianapolis. A overhauling of the entire working force of the road, as far as the freight crews are concerned, will be made by the officials of the Big Four, and they are now determined to arrest and convict. If possible, every employe whom they have reason to believe has stolen goods or merchandise from the trains of which they were in charge.

AFTER MANY OTHERS. While It is probable that many of the guilty conductors and brakemen have left the city there are still a number who believe they have covered up their tracks and will stay here. Some of these have been located by the detectives, and they will be arrested as fast as they can be found. Detective Grady, of the Big Four, said yesterday that he had no doubt the stealing on the local division of the road was no greater than on other divisions and all will be investigated at once. The loss to the Big Four in freight claims has been great and thousands of dollars a year have been paid to the owners of property stolen by the company's own employes.

Detectives Holtz and Bray and Captain Kinney, of the city detective department, deserve great credit for their good work In unearthing one of the biggest gangs of thieving employes in the history of any corporation in the country, and it was through them that the guilty persons were first discovered and placed under arrest. Mr. Kleeman, of Cleveland, claim adjuster of the Big Four, was in the city yesterday and held a long conference with the detectives. He said that a number of employes in other cities had been arrested and he expects to see many others behind the bars before many days have passed. CITY NEWS NOTES.

Prof. and Mrs. B. F. Deters, of De Funlak Springs, will sing at Hall-place Church this morning.

The Ladles Missionary Society of the Tabernacle Church will hold Its regular meeting Tuesday afternoon at 2:30 in the church parlors. The Woman's Home and Foreign Missionary Society of the First Presbyterian Church will meet in the church parlors Wednesday, Nov. 18, at 2:30 p. m. Samuel E.

Hall, a merchant of Medary-vllle, filed a voluntary petition in bankruptcy in the Federal Court yesterday. His debts amount to $3.902.50 with assets of The members of the Ladles Auxiliary of Railway Postal Clerk3 will entertain their husbands at the home of Mrs. J. M. Robinson, 1930 Ashland avenue, to-morrow evening at 7:30.

Dr. Frank E. Manker will give stereoptl-con views and a lecture on Rome, Naples, Pompel, at Hall-place M. E. Church for the benefit of the church on Friday evening, Nov.

20. Despondent over the death of his wife, which occurred some time ago, John Dunn, of 2C09 Northwestern avenue, tried to commit suicide at his home late Friday night. He was soon revived. The annual Thanksgiving dinner will be given the Mothers Club next Tuesday, Nov. 17, at the Boys Club.

The committee in charge consists of Mrs. S. O. Pickens, Mrs. J.

A. Cox, Mrs. E. S. Elder, Mrs.

J. N. Rogers. Mrs. S.

J. Brash and Mrs. Alex. McPherson. The Sketching Club, a local organization, will place its third arts and crafts exhibit on display in the Starr Piano Company's store in the Newton Claypool building on Nov.

25. This club was organized eight years ago, and has been doing some very good work ever lnce. The officers of the Jesse Overstreet German and American Club met at the old meeting place last night. Every officer has been sending In new members to the secretary. The officers are very anxious to find a good location for meeting place.

The club is for the benefit of manufacturers, worklngmen and farmers. A song service will be given to-night at the College-avenue Baptist Church: The soloists are: Miss Helen Boyd Egan. 60 prano; Miss Evalyn Bond, contralto; Mrs, W. S. Gosney, mezzo soprano; Mr.

Benjamin F. Swarthout, tenor; Mr. Clyde Long, baritone; Mrs. W. E.

Duthie, organist; Mrs. Mary Jeffery Christian, director. Henry F. of 132 North Illinois street, died very suddenly at his home Friday afternoon, leaving a widow and seven children. Mr.

Habeney was a member of tho flrm'of Brinker Habeney, manufacturers of boxes and cigar makers' supplies, and was one of the founders of the Deaconess Hospital. He was also prominently connected with the German Protestant Orphans' Home, the German Evangelical Zion Church and numerous fraternal organizations. America's Mascott. Boston Herald. "God was working overhead." Such Is the belief of President J.

P. Baxter, of the New England Historic Genealogical Society, on the subject of the sale of Louisiana to the United States by Napoleon when he was first consul of France. It was expressed at the monthly meeting of that organization, at the close of a paper by Mr. Hosea Starr Baiiou, of Brookline, who showed that Napoleon sold for $15.000.000 because he wanted money to carry out his projects ia Europe. The American representatives were Livingstone and Monroe, and the treaty was signed in 1S03, under the Jefferson regime.

"As to-day." said Mr. Baiiou, "the agricultural products of the Louisiana territory ar? worth 51.500.000.000100 times the purchase price lt may fairly be said that never did we get so much for so little. The new generation of France grows more and more reconciled to the loss as Jefferson's prophetic vision becomes more and more realized, since he foresaw that Louisiana would be fraught with blessings to unborn millions of men." After the reading of the paper Dr. Mowry pronounced the Louisiana purchase as without a parallel in the history of the world alike in the greatness of its results and In the singularity with which they were brought about. A by-product of the discussion was Mr.

Frank B. Sanborn's challenge to Dr. Hale on the subject of Jefferson's character and work. "Jefferson," said he, "always had In view the welfare of future ages. I should counsel Dr.

Hale, who Is with me a member of another club, to change the language of contempt with which he invariably speaks of Jefferson to something of encomium on his public and private conduct. President Baxter said: "This showed the overruling hand of God. Louisiana was thrown. Into our unwilling hands. We had no conception then of what would become of It.

It was those 500.000 black men of Santo Domingo who saved us. Napoleon had already marked out his forces, and was only awaiting the subjugation of the revolt in that island. Further reinforcements would undoubtedly have fixed a French power on that portion of the country which we could not have shaken off. But pestilence and the valor of these men fighting for their liberty made it impossible for Napoleon to realize his plan. Knowing that the fleet of Great Britain was already in the Gulf ready to take New Orleans by force.

Napoleon hastened the sale and thrust Louisiana into our hands. Thus God was working overhead in a way experienced by do nation cither before or siace." Announcement You are invited to attend a CECILIAN MUSICALE Given by Mr. Herbert O. Fox, of Detroit, MicHignn, Assisted by Miss Litta Grimm Vocalist. Miss Jessie Montcze Jay Violinist.

Friday, November 2 O. at 2t30 p. At the warcrooms of THE STARR PIANO CO. N. Pennsylvania St.

Does Your Plato (Teeth) Rod: or Fall down while eating? Have you unsatisfactory crown or bridgework? Won't your fillings stay? If you have any of the above troubles, come to us and we will remedy them, besides giving you a liberal discount in order to demonstrate our superior work and add you to our list of satisfied patients. Teeth Positively Extracted Without Pain, Asleep or a AWaKe voaiiAE- Filling. 50c NOTE Most of the dentists in the city are reliable, but some few concern are not. To avoid them you will do well to Investigate beforehand the people you expect to do your worjc WS Invite careful Investigation. Union ASHLESS DEUTISTS By far the largest dental concern in the State; also one of tht oldest.

Li ine urouna Floor (Jinee. cor. market KERN INCANDESCENT GAS LIGHT CHICAGO. See Demonstration by ANSON B. WILTS1E.

Agent New Phone 2358 236 MASSACHUSETTS AVE. Phone Old, Black 8433 The EXClUSiVe SHOP For We have things you can't find in other shops. We can convince you of that fact. See us. 203 EAST WASHINGTON STREET Y0UB NEXT SUMMER'S TOUR.

Course of Reading to De Followed If Yon Plan to Go Abroad. Philadelphia Ledger. Many Americans cross th big "pond" each summer, not as sightseers, but merely for recreation and rest. The large majority of tourists, however, travel for the pleasant sort of Instruction that comes from, the observation of beautiful things, and for the added enlightenment that Is found amid buildings whose very stones are part of the history of the world. A careful preparation of the mind before starting' for Kurope -will be richly repaid by the additional enjoyment resulting from such study after reaching there.

Nothing is more true than the saying that a man can only carry away from Home what he takes there. The greatest masterpiece is of no value to the untrained eye, which can see only its form and not its meaning. Sufficient technical knowledge to enable a woman to form an appreciative opinion upon the beauties of Old World art and architecture must be acquired in advance. There is no time to educate the Judgment while traveling. Only people making a prolonged stay can afford time for such delightful schooling.

The average tourist is fortunate if he or she can caretully rad a guide book. The long evenings of the coming winter may be usefully spent in gaining this advance Information if a trip to Europe next summer is contemplated. Such reading should not be devoted to the facte and statistics that will be found set down in the pages of Baedeker. Such knowledge as this would be forgptten before the need for lt arises. But it will not be either loit or wasted effort to read carefully on such subjects as the different styles of architecture, the schools of painting and their meanings, the events (and their causes) that have immortalized the hostorlc places of Europe.

No one be able to appreciate the beauties of a building unless they know something of the development of architecture as an art unless they understand where one minister differs from another in glory. The tourist should also know the underlying reasons for such divergence. To meet this need he should learn what Ruskin has to impart in his "Seven Lamps of Architecture" and to share in the elucidation of the "Poetry of Architecture" by that famous critic "Architecture for General Readers," by II. Heathcote Statham, and "A Short History of Architecture," by Arthur Lyman Tuckerman, may also be recommended as being not too dry a medium of information on this somewhat abstruse subject. A tourist could spend hours In the famous galleries of Europe without any knowledge of painting resulting from the time thus employed.

Tourists are often heard to say: "I never could see any beauty in tho pictures by the old masters. What is the pleasure in walking past miles and miles of painted Madonnas? I like a picture I can understand." Those who utter euch opinions do not appreciate that the value of canvases which aro the treasures of a mighty nation perhaps rests in that very something which they cannot understand, lt is better to strive for a knowledge of the undying value of such pictures than to contentedly rejoice In the shallow prettl-nes8 of those that need no explaining. An understanding of the elements of painting will go far toward helping the tourist to enjoy the art galleries of Europe; without it, even the riches of the Louvre are apt to be "flat, stale and unprofitable." and more wearying to the flesh than weeding a garden. The history of art, its different schools, the great exponents of the latter, the beautUs of hue, of form, of conception, of color all these must be understood, if pictures are to differ from each other, eave In the subject treated. All the Van Dyke books can be recommended for such study: "Art for Art's Sake," "Text Hook of the History of Painting" and his lectures on the Italian, En-Sllsh and Dutch masters.

"How to Judge We Make a Good Set of Teeth, Gold Crowns or Bridgework, for 0S t. ana urcie. on. Marion Trat rvi Save 80 Per Cent, in Gas Bills The KERN BURNER One hundred candles three hours for 1 cent One-fifteenth cost of same amount of electric light. "Outfights All Other Lights" Novelties In 11 PapCfS of a Picture" Is an especially useful manual, being Intended for the enlightenment of the artistic laity.

Most of the histories of the countries of Europe should be read. This is a long task, but again it will repay the labor spent upon it. This, of course, is not so necessary to the young aa to tourists of the older growth sadly rusty. Most of the guides speak English in parrot fashion, but they neither can nor will stop to lecture on history as they point out objects of interest. Any short history of mediaeval Europe will serve to refresh the memory on the most important happenings of tha last 500 years.

"Romantic Palaces and Castles" is an artistic book. In which many famous authors of all nations have set down their impressions of tho celebrated buildings of Europe. Most of these castles aro on tho beaten path which of nxt season's tourists are likely to follow, and the opportunity to see these famous shrines first through the eyes ot men of genius is a privilege which, can be generally enjoyed. The American tourist who confused Savonarola with Tintoretto, and asked the astonished guide whether the great Florentine had "painted all those pictures in the gallery yonder," was by no means a rare exception. The querist in this case was a plain American oltlsen.

who had had such advantages as were given in the public schools twelve years ago. Ordinarily shrewd and careful of his expenditures, he had Invested T70u in buying somtthing from which he had no possible benefit. So conscientious were his efforts to understand and enjoy things of which he was ignorant that the trip was not even pleasure tour for him. Such tourists stand as illustrations of the theory that there is no bene-tlt in traveling without a cultivated under standing. HOOKED RAZORDACIT.

Kind of risk Landed by Two TouaQ Laflr Anders. New Orleans Times-Democrat. "Speaking of fishing parties, curious? catches and things of that sort, reminds me of a good story on a couple of young women who went across the lake a short while ago," said a citizen who spends much time in the woods, "and it was an experience they will not forget for some time to come, They had gone across the lake with male relative and a friend, who were bent on angling and had picked out one of the best fishing places in that section of the country. The men did not lose much time In getting to the fishing grounds. The young women concluded they would lounge lazily in the shade, and call the fishing part of the Journey off.

They had been provided with fishing tackle, pole, lines, hooks, bait and so on. Remembering that a great many hogs are allowed to run at large in that section, and recalling an unhappy experience on a previous one of the men told the young women to be careful about allowing the baited hooks with which they had been provided to remain on the ground. The men disappeared down the bayou. The young womn leaned the fishing poles up against the side of a tree so that hook and bait wero about two feet from the ground. Then they began their lazy, lounging, girlish gorsip, ar.d wero quite unmindful of the approach of a young member of the swine family until they heard a squealing which almost pllt their tender ears.

They knew omothlng had happened. Exactly what It was they did not know. It was as If the gates of hades had wung back to let forth the pent up shrieks of sweltering demons. Tho good, gentle horse, hitched not far away, heard the unusual nols about the r.mc time, and snapping his line, broke for the woois. Directly it was found that a pig had found the bait, had leapM for it.

and swallowed It. hook and all. and was helplessly dangling from the end of the fishing line. There was consternation in the camp, a mlfsing horse, wrecked har-ns and a badly bewildered pair of lassies. Tho horfe was ilnalv caught a mile or more from the scene of the trouble.

The pig was instrung after awhile, the wools and the heart throbs of the young ladles quieted, and the usual onlr and placidity of the place restored. They never told their friends that tho only catch tay ciida a the fishing excursion was a pio-".