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The Homer Index from Homer, Michigan • 1

Publication:
The Homer Indexi
Location:
Homer, Michigan
Issue Date:
Page:
1
Extracted Article Text (OCR)

1 HOHER, MICH I AN, JANUARY 10, 1900. Volume 29. Number 6. THIS QREAT COUNTY. A GHASTLY FIND.

A VICTORY 1 C. R. MAI A petition fig rural free mail delivery which has WetT Ctamlatsd in Albion township haa secured P0 signers. As soon aa an electrio 'generator ia placed In position the. trolley line from Battle Croek to Galea burg will, ba in running order.

The Kalamasoo end of the line is nearly completed, but has been muuh delayed by the cold weather The Crashed Cereal Coffee Cake of Marshall, has filed its articles of Sh-ndation with Register of Deeds Daak-ain. Ths firm claim a capital of (70,000 and trill manufacture, healthful, non-intoxicating table drinks. (100 to (388 per month. It may be that the ease with which they went through started him on his downward career. The matter has assumed such importance that Prosecuting Attorney Hatch has petitioned Judge Smith to call a grand jury.

Following ia a oopy of the petition To the Circuit Court for the County of Calhoun: Your petitioner, Jesse M. Hatch, prosecuting attorney for the oounty of Calhoun, regpeotfnllyfdiowB unto the court that no-session of the grand jury haa been held In thia oounty of Calhoun for for th four roeeons assigned in motion above mentioned and also for ths fjl-lowing additional reasons: Because the plaintiff has not appeared in above entitled cense by an attorney br by any other person entitled by law to practice in any other oonrts for the tate of Michigan either as an attorney or In his proper person. A motinn by defendant Roberts to strike ths declaration from the files and set aside and expnnge the rale to plead for ths same seasons assigned for defendant Lock ton's mdtion. All ths abovs'mottohsjrsro submitted tf tail atthe sms time. For convenience of treatment they may be distributed in two clsesss.

First the motions for security tor ooeta. Second tbs motions to strike ths declarations from the files and expnnge the rale to plead. Bo viewing them they am considered and disposed of as follows: First Ths showing as to plaintiffs pecuniary irresponsibility the affidavits is the usual one, and it ia not mat by any counter showing on plaintiff's part. Tbs ease exhibited by ths declaration is one whtoh involves ja legal controversy that must necessarily be prolonged and expensive to all parties. Te situation is one whioh appeals with peculiar foroe to the discretion of the ouurt to require security for oosta to be given.

It must, therefore, be given within the time and in the form nraal inMiis oironit by a bond dn the penalty of (400 with one Jor inr- Removal of the Old Quaker Cemetery at Battle Many years ago ths Quakers had a -flonriehing church with the usual adjunct, a cemetery, for the interment of their dead. They failed to keep np with the onward march of civilization and at last from removals and deaths thdr ehnrah lost its membership; a large proportion being laid away in the old oema- -tery. With the passing away of the'' good brothers the cemetery sank into neglect and decay. It became an eyesore to the dty and a proposal waa made to transform it into a pnlilto park. The dronit court made an order vacating the ground and for sometime the removal of the bodies has been going on.

The exhnmation has been watched with Interest by the reporters and many interesting finds have been made daring the greweome work. On Satnrday afternoon a metalto casket waa struck by ths spade of the exhumer and upon removing all the dirt from the samp, proved to be aitodL at a pattern of yean ago. Lsftge si. head and tapering at the foot. Twenty-four powerful bolts held the lid securely In its place and nature had, pith her mineral ohangee, so rusted -the fastenings that to remove them would be a very difficult piece of work; The steel chamber was fivwfeet and a few inches in length, and evidently that of a young person, presumably that at a child.

It was removed to Oak Hill and re-interred. No one claimed the casket and ths history of its occupant may remain sealed forever. Experts that the remains were buried, uddoubtodly, over forty yean. Another find of interest was a silver name-plate which had the appearance of having been melted af me end. It hears the inscription, "Feb.

3 76.t The date of the 2d of Feb. may ba an entire (me bnt the appearance of the metal indicates that the date was in the twenty. Aa to how the metal was affected in a manner to canoe it to look aa. if it had been burned, several old time, residents of the city have offered, theories that seem to Try excellent ones. All agree that lightning used to trike frequently in the vicinity of th old graveyard, and it is not improbably that the fluid oame in oontoot with she metal plate and burned the part as 1 above described.

Fastened to the silver Was apiece of a ooffln. The remains of a man of large proportions were found beneath, it, but who he was, no ons seems to know. With ths plate bis nmmhuring fragments were interred at OakhilL In all Cases the coffins were qompletely decayed and nothing remaineCexoept the bones and the hair. In meet oaaas the hair was well preserved, and one bunch was on old fashioned hack oomh, In one grave was found a set of fabs teeth. In two graves were found black silk dresses and in one a red.

(ilk dram. The fabric was as firm and well-preserved a on the day of bnriaL. There was no trace of any other garments, madd at any other fsbrio, they having disappeared into dost. In one grave in whioh the bonea were covered by one of the black (ilk dreeeea waa found a plate upon which eras marked the name of Joeio Knickerbocker, aged 80 years. NEIGHBORHOOD NEWS.

UTCMitIkIiD. -r- Happenings of a Week In and Around Old Calhoun. All mercantile (wtnblishmuliU'Ht Marshall have agreed to close at o'clock p. m. hereafter.

The Republicans cf Hillsdale county have decided to have a Lincoln club bon queton Wednesday evening Fubmury 14 James Lane, during the month of December, killed 1300 sparrows anil sold them to the county at the rate of 3 cents per head. jaLaaaatrk'WBrimt Kalamazoo- oounty has been arrested tor a shortage amounting to (3000, in bis accounts during his torn of office. 1 The Michigan Portland Cement Go. at Quincy gave each of the 100 employees a twelve pound turkey as a Christmas present. Friends of Edward Roach of Battle Cress, who le serving a 13 years sentence for shooting hie wife, are seeking a pardon for the prisoner.

A barn on the farm of David Hugu-niq of Qirard, bnniwl Inst Tuesday night with four horses, head of cattle, a quantity of wheat, oats, hay and many -farm The insurance amounts to (600. Lewis Reuhl, secretary and treasurer of the Reuhl Brewing Compnny at Chicago, has purchased the Eagle Brewery of Marshall of Joseph Gramer, for (13,000. He will erect a new (HI, 000 plant there. During the past year 48 i marriage licenses were issued by oounty clerk Austin, and in the same length of time 83 divorce suits were commenced. The record for the month of December was 63 licenses issued and seven divorce suits commenced.

Petitions are being signed ill Kulniua-xoo and Calhoun counties for an independent movement by the farmers of the state for a independent state ticket tM nominated next snnimer. -Cyrus G. Ynoe is said to he the eiioioe for gov- ernor7v Sheriff Williams made an important arrest at Marshall Tnnrsday evening. The man gave his name as Rinehart and It is said he is wanted at Battle Creek, Albion, Jackson, Kalamazoo, Flint and other places on of defrauding boarding houses. Mrs.

W. R. Goff of Charlotte has commenced proceeding fur an absolute divorce from her for making improper rpmarks about the Methodist Episcopal church, of Which she is a prominent member. They' have been married twenty-eight years and have four children. Goff was post-mas tor at Brookfield Under Cleveland.

The -annual meeting of the. Albion, music festival association was held Wednesday evening. The association is in good condition, having (481.80 cm hand. The next festival will be held either dnring the first week in May, or during week. The fid-lowing officers wen elected: Prof.

Dickie: vice Rev. W. T. Jaqueas; F. A.

Perine; Eugene P. Roberton. A disastrous fire broke out in the Hanning Harness Co.s plant on Clinton treat, AlMon, Saturday evening reenlt-ing in' a loes of about (17,000. The building was a frame structure filled with inflammable material aad-the fire was a hardline to Most-of ths workmen lost their, tools. 'The was (9,900 on stock and (3,000 on building, which was owned by Mrs.

J.C, Ronaaean. The oontraot for rebuilding has been let to W. M. Loder and is to be finished in twenty days. Hough and Olds, inanufaotur.

ers of gasoline engines, formerly of Bt Louis, will move to Albion and the Old brass works are being fitted np for their ooonpanoy- Horizontal gasoline engines ranging from one to fifteen hone power will be pnt out. For a time a specialty will be made of engines of four bone power, which will sell 'for about (163. Engines are also -to be made of a pat. tern and price suitable for farm use. It Is expected that about S3 workmen will be employed as soon the plant Is in full operation.

Albion lodge F. A M. has a ran old relic in an apron worn at a meeting of a lodge of the F. ft A M. which was presided over by George Washington Benjamin Franklin was the senior war den of this lodge at this time, and the meeting at which tills apron was worn waa the one which raised General Lafayette to the "sublime degree of Master Mason.

It was presented to the Albion lodge by Josiah Whitman In 4869. It came into Mr. Whitmans possession in 1819, having been given to him by one Jacob Reynolds, a captain- in the revolutionary army of 1776. Abonttwo years ago Alexander C. Hamblin, a banker -of Battle-Creek, died leaving an estate valued at about He Willed to his Fred C.

Lyman, son at his deceased daughter, and willed the remainder of the estate equally between hie eon, Bam-el Hamblin, and his daughter, Mrs. Allie Crispell. was never known why Hamblin ont off his grandson with only (1.090. A strange sequel to- the case is that in settling np the estate the on and daughter, of their own free will and aooord, have voluntarily given over to Fred Lyman one-third at the estate, aa they thought that he waa eititled to it I JUDGE PECK REFUSES TO STRIKE HIS CASE FROM THE DOCKET PROSPECTS Of ANOTHER SEISATIONJU SUIT. The Judge Hits Both Sides Hubert at AaotaT Motion Costs Matos to Give Security lor Costs.

Chas. R. Mains is like Banquoa ghost in that "be will not down at the. word of oommand. When the supreme court handed down its decision disbarring him from practice in courts of tils state and striking hisinauie from the roll of attorneys, his opponents in Battle Croek and elsewhere heaved a deep sigh of relief.

That, they considered, was the end of him. No longer would his nonchalant, gum chewing, plebeian conntenanoe appear amid the aeithetto surroundings of justice or circuit court to irritate the aristocratic frequenters thereof. But in this they reckoned largely without their host. They did not estimate properly the wonderful versatility of the ingenious Charles R. It occurred to him that if.

he could not practice in the courts tor others, he oonld at least do so for' himself and so, just to keep his hand in, he instituted a suit for damages against Hulbert Mechein, Roy Maguire, Ed. Murphy et al in the modest sum of (300,000. Perhaps he thought if Hulbert ft Mechein did not prove productive, he might collect from "Molly" Maguire or Wall Eyed Murphy. He followed this suit up with one against Judge Smith again laying his damages at the modest earn of (300,090. The first suit oame up at the recent term of court and Judge Smith requested Judge Peek of the Jackson oiroui to pass upon, the motions of the defendants requiring- security for oasts, and also to strike the declaration from the files.

Believing that the matter is one of general interest especially as the decision of Judge Peck seems likely to precipitate another expensive sensational Mains ease, the Index has some pains to seoure Judge Peck's decision and gives, its points below. The case is en titled Charles R. Mains, vs. 8. B.

Hulbert! G. W. Meohain, O. S. John J.

Roberta. M. E. Brown, CL Nichole, A W. Lsskton, Roy Maguire and Edward Murphy, Judge Peck save in the case the plaintiff commenced suit in this court against the defendants by filing declaration in an action on the a see and entering rule to plead and claiming damages in the ram of (300,000.

Before pleading the following motions were made by a part of the defendants: First Motions by the defendants, Hulbert, Mechein, Nichole, Clark, Roberts and Lockton for security for oosta. Second Motions to strike the declaration from the files as follows: A A motion by the defendants, Hulbert, Medhem and Nichols that the declaration he struck from the records and files "for scandal and impertinence. A motion by the same defendants to strike the declaration from the files and set aside and expnnge the rale to plead for the following reasons: 1 Because the alleged declaration ia a confused, intricate and unintelligible mass of matter, the major portion of which is immaterial, irrelevant, impertinent, libelous, soandalons, unwarranted by the rules of pleading, not reoeiv. abls in evMenoe and la so intermingled, mixed and confused with what by itself may be material and pertinent that these defendants should not he compelled to sift out and ascertain and plead to such material and pertinent matters. 3 Becasse the various matters honest and false, proper and improper, in the alleged declaration are eo confused that neither these defendants, their counsel or the oonrt should oe required or can sift and separate the same.

8 Because bn its face the alleged declaration is libelous, scandalous, impertinent and filled by impertinent innuendos gratuitous and malicious attacks and insults on these defendant! and others, and intenfod not to frame an issue for trial before the oonrt and to seoure' the proper administration of justice out to calumniate and villi fy these defendants and others. 4 Because the alleged declaration. appears onlts face, the filing erf the same aa the entry of the rule to plead based thereon, is an abuse of the purpose, privileges and process of this court, an imposition on this court and the- use of the same under the guise of a pleading, -and the commencement of a suit to maliciously libel villi fy' and calumniate the defendants therein named, the pro siding judge of this court and the pro aiding judges of the supreme of this state. A motion by defendant Clark to trike the declaration from the files and records for the reason that ths allegations therein contained are irrelevant; immaterial impertinent, obsoene libel-, ons, gratnituona vexations and published Yitlumt panse or justification. A motipq by defendant Lockton fo trike the dedarati from the files and set aside and expnnge the rale to plead MORE ROTTENNESS DEVELOPED AT THE COUNTY SEAT.

PROSECUTING ITTORHLT CALLS FOR GMHD JURY Abounding Developments li bun Asy-lum Afcounts SyUcmitk- Rsb- -lagof Voaehc nr 1 The report of the committee thet investigating the aomitj poor honee affaire haa not jet been made public, but enough baa leaked to more than oonfiim the rumora that have been prevalent with regent to the almoat criminal looeeneae and Jnefficiency of the oondnot of the county business. Chairman Henry haa been investigating the matter of the iifaeue aaylam vouchera during the poet week and the reanlt haa been auoh aa to make him abake hie bead in apparent diamay when the subject ia mentioned. Since the year 18)0 Calhoun county haa apparently paid out over (37,000 for the-care of the inaane, but the booka of the aaylum ehow but (13,000 charged to tbeoounty. The difference apparently atuok to the handa that have already refunded over 1,000 wrongfully taken from the county till. It in atated that in nearly every year Inoe 1880 more-money by a oonaiderable amount haa beemdrawn from the conn-.

treaaury on Inaane aaylum vouchers than haa bean paid over to the aaylum. In other worda, it ia alleged, theee vouchera have been raiaed in numeroua instances. Chairman Henry baa notified Attar ney W. EL Porter, the repreaentative of Ur. Hyde, of the further ahortage fond.

Mr. Porter exprcaaea the opinion that the ex-oounty treaaurera are holdeu for the amount overdraft on the inaane ao-oounta. Under the law the inaane aaylum bills are aent to the county treaaur-er, whoen dnty it ia to remit direct to the aaylum when the billa reoeive 4he 0. K. of the auperintendent of the poor.

The practice in thia county haa been, however, to turn the Ulla over to the auperintendenta of the pom, allowing the clerk thereof to draw an order tot the amouht and aettle with the aaylum direct Mr Hyde acted aa dark at the board and kept the book accounts. It aiema to have been a oaae of miaplaoed confidence ao far aa theoounty treasurers have been concerned. Whether they can be held reaponaible or not ia a question which can probably only be de tennis ed by a law suit; Captain Ephraim Marble, who held the office aa principal and deputy for aix years, profeaeea to feel no anxiety over the question of reaponaiUlity. Several other small discrepancies are said to have been discovered and the amounts paid in to the treasury. It dees not appear that there was anything criminal in any of these matters however.

They seem to be regarded as mir taken pure and simple. All will be known aoonthough. In an interview with a reporter chair Henry pid: "The situation reminds me of the Indian and the white man who were out hosting and shot tnrnitaminnidy into the same tree, bringing down a turkey and a bussard. The bnssard, not being very toothsome, and the white man being a Yankee, said to his red brother of the forest, You take the bussard and IH take the turkey, or Ill take the turkey and you take the bussard. Mr.

Henry says the oounty has had the bussard right along in the poor board transactions. ip thia qpnneotion John Powell of the investigating committee told a representative of the Index a good story which, although not strictly new, will bear repetition. When the fact first came out. that Mr. Hyde was short in his accounts to the amount of (137.37 his attorney W.

H. Porter went to him and said, "What are you going to do about- it?" Mr. Hyde waa incline to treat it jovially and replied, "Well. I shall have to do aa Daniel Webster did on a oertain occasion. He was inclined some times to look too ardently on the rosy wine and took his private secretary along on his.

campaigning tours to keep him from getting over the traces. The duty of the-Monetary was to. occupy a seat on the platform behind the great and when he had talked long enough he waste pull his coat tail and suggest in a whisper a change of sdbject. On this opcaaton his potations liad been deeper than usual and the speaker was in a anguine, not to say enthusiastic temper when Mr. Secretary twitched his coat and suggested public debt.

Ahem I Yes, sir, Mr. Chairman, the public debt I The public debt, sirHHow much ia it? If it aint too d--d Mg Ill pay it myself, down went hqnd in his troqsors Jocket" The application ia Hyde went down in his pocket till the debt got too Mg, but now he grants to pass it over to the oounty As long ago as 1868, when Mr. Hyde was first appointed, tl bills for supplies amounted! to figures that should have excited the suspicions of the committees of that dqy. They ran born -rthaMiWhellsTMgressTWsa inset' ed Deo. 37, on the charge of the larceny of (38 from Frank Botnan.

She plead guilty and waa fined 1460 or thirty days in jail After receiving the sentence she managed to escape from the oonrt room when nobody was looking and has not been found yet Alderman Caldwell of Battle Creek was struck by aflast train on the Grand Trunk last Tuesday aftorpoon and seriously injured. He was unoonscions for some time. The train was an hour late and Caldwell's friends -claim that it running at twenty-five miles an hour and that the alarm bell at the crossing was not ringing. The engineer ays that he was not running faster than seven miles an bonr, and there are aid to be witnesses who will testiy that the alarm bell rang at the time. Sherman Chnrch, a well-known and popular young married man, of Augusta, has mysteriously disappeared.

He was working in the Henry Marvin flourmills in that place and was last seen in the office apparently in good health and spirits, He fold the proprietor's son that he would step down into the grinding room and was never seen again. It is thought he might have got into the mill race. The missing man is described as being 81 years of age, weighing abont 140 pounds, and 3 feet 9 inches in height. When last seen he wore a plaid cap, light suit of clothes with overalls. Ha hod slight complexion and mustache.

W. C. T. U. Column.

-Last Sunday, evening Rev. Henry Abraham oondnoted services nnier ths ansptoei erf the W. C. T. U.

The inclemency of the weather prevented a large attendance, bnt those who were present listened to 2a sermon whose text was certainly original and well handled and awakened thoughts in the minds of ths most indifferent The text was, They hnnt every man his brother with a net, that they may do evil with both handa. Earnestly the prinos asketh and ths judge aaketh for a reward, and great man altereth his mischievous desire, so they wrap it up. His subject, "The methods and the measurmente of the enemy, he elucidated by saying that the men who are engaged in the liquor traffic excel in the method they adopt for carrying on business. They are fully organised and they are subtle in their schemes for carrying on their nefarious business. The church needs to take a lemon from the enemy in methods of forwarding the work they take up.

Much effort haa been wasted through lack of method in the attempts made to evangelise the world. We have but to compare the present state of civilisation of the world with that of past ages, -to realize that the ohuroh has mods mighty strides in benefitting mankind and yet there is a whole world of iniquity arrayed against us. The recent investigations of the work of the saloon In some of the great cities of our land, show in what power the whole system is intrenched, and Ufa ohuroh to overcome the eyil must rise to new methods of attracting men to the pure truth of the gospel The world never he redeemed by letting things slide. That which makes the most he1 roio struggle will succeed. Troth, because it is strongest will ultimately prevail, but all its forces must be focused ppon the strongholds of the enemy.

Bishop Ninde, In China during the war at that nation with Japan, saw in some of the interior, people running to the war with fans and bird cages lu their hands for weapons. What nonsense! But are we doing better? The saloon power in this land will never overcome by proving, alone, and doing nothing beside- It will be overcome only by stronger efforts on the part of the church, than the enemy can advance, A great mistake haa been made by picturing the saloon mm as low browed, ignorant fellows. Instead of thia they are keen of intellect, quick to reason; subtle to grasp at every advantage and utilise it to the utmost. The text says' "That they may do evil, with their hands earnestly, ths prince aaketh and and the judge aaketh tor a reward and the great man altereth his mischievous and so they wrap it np." In this the prince may be taken tor the govern-, ment and it has been said that thia gov ernment is under th thralldom of the traffic so that it dares do But governments always want money, and so dees the judge. The groat man, the millionaire, has his money Ihvested in breweries.

Ask the government about the bnsiness, yon are referred to the judge and ha says the millionaire. The millionaire refer you back to the gov ernment. ao they wrap it The saloon lata are more keen in Away methods to draw into their nets the young of nil Blasses; than the ohuroh workers are, yet there is going to be a gnat conflict, perhaps more terifflo than that which 5 njrtfon saw on amount of slavery, and ultimately the eril will be. driven from the land. I twentyyean and upward; and that the legidatur.Jiy-leaving-the-grand-jury-nbjeet to the call of the-oonrt, assumed there wouldor might be occasions when it would be-expedleafeand necessary to oall a grand jnryto; investigate crime Your petitioner further shows unto the court that various rumors have come to the ear of your petitioner on misde meanors and crimes committed by per sons fat authority, and seemingly in good tanning in the community, and no one will', or does, make the requisite com' plaint before a justice of the peace of aid county so that the truth of the rumora may be inquired into, and if evidence sufficient the parties placed upon trial; and whereas suoh a state of affairs is deplorable and tends to put di.

credit on the just and equal administration of the law. And your petitioner further shows unto the court that the people of the county of Calhoun, for the reasons above set forth, or fur some reason unknown to your petitioner, assume that in the prosecution of crime, the proseouting officers are engaged in a conspiracy to oonvict innocent persons; and, whereas, the graudjjury system gives the people hand in saying what prosecutions shall be made; and, whereas, the grand jury has the special power to subpoena witnesses, compel their attendance; and, whereas, the reputation of a person in. vestigated by a grand jury and no information is fully protected. Your petitioner, therefore, prays that an order may be entered by this court, directing the, drawing -and summoning Of grand jury in and for the county of a lhonn, as provided by law, to report at the May, 1900, term of this court. Jesse M.

Hatch, Prosecuting Attorney in and for Calhoun Oounty. State or Michigan, I -1 County or Calhoun. Jesse M. Hatch, being duly sworn, deposes and says that he has read the fore-going'petitiou by him subscribed, and knows its contents to be true, excepting to matter stated to be on information afad belief and aa to those matters he be lieves it to be true. Jesse M.

Hatch, Subscribed and sworn to before, me 8d dqy of January, 1900.. Edwin Austin; Notary Public. A grand jury oonsUts of 18 members elected from lists furnished by the supervisors of the various townships. It Is entirety within the power of Judge Smith to order one. It has peculiar powers.

It can subpoena witnesses and compel their attendance. It can return indictments, and this is one of its ohief est ends. If, from the evidenoe it is able to oolleot, its members become oon-, vinoed that crime has been committed, the guilty party can be indicted without any complaint being sworn out before a justice and haled directly into the presence of the circuit eourt without the usual preliminary examination. Twelve of the eighteen members must vote for an indictment before one can be made. The proceedings are kept inviolably secret, a measure deyised to protect repu-dona.

If a man should be cited before the grand jury and nn indictment returned there would be no public testimony on record to oonfront him at some future time. -The board of supervisors have requested the oounty clerk to call a special session of th board. Their petition reads aa' follows: EdwfobD Austin, Oounty Clerk at (Jslhonn Oounty, State erf Michigan: Wo the undersigned, members of the board of supervisors of Calhoun oounty, hereby petition you to oall a special -session of the board of supervisors to oon vena at the court house in the city of MAi-shall, being the. county seat of the county of Calhoun, state of Michigan, on Tuesday, the 88d day of January. 1900, at 8 oclock p.

m. of said day, for the purpose of receiving the report of the special committee on investigation appointed by the board at supervisors of said Calhoun oqunty at their regular session held in October, 1899, and oon. tinned by special session of said board held Nov. 11, 1890, and to take action on all matters in connection therewith, also fur considering the matter of appropriation of liquor tax and any budnesa of pedal nature that may come before the board. Dated Marshall, Jan.

1900. Signed by the members of the board- Pika for Sixteen yean. Mr. O. M.

Oibbs 80 LeRoy Avenue, Binghampton N. says, "Dr. Chases Ointment oured me of bleeding and protruding piles after everything else failed. 60 cents at all druggfata ar Dr. Chase Med.

Co. Buffalo, N. Y. Absolutely guaranteed to cure piles, eose-salt rheum, and allf itching skin diseases. Free sample tor stamp.

PProvd by the clerk, and las (ha Ta sfil ad asaV aH (La 2a. for the benefit of each and -all the defendants. Second Each of the five motions of this class asks for an order striking the declaration from the files-and three of them (b, d. and e) ask further, the rale to plead be expnnged. The question represented here to thia, "Are the defendants entitled to have this declaration stricken from the files and the rale to plead expnnged for any of the reasons stated in their motions? That is the only question submitted to the oonrt and the only one that will ba considered and decided.

Jddge Peck then goes a detailed analysis of the declaration, whioh is too long for our oolumns. The declaration oom prises 83 pages of closely type written matter and contains eight oonnts. Th Judge goes through each count aepa rataly, concluding: The objection is taken to a declaration in an action taken on the oaee, containing eight oonnts, three of which are nnofajeotionai filed at the oom. menoement of suit by a part of the defendants, before pleading bnt after filing affidavits of merit, and the remedy sought is to liave the declaration stricken from the files and the rule to plead expnnged. If it he assumed that the declaration does contain statements whioh if untrue would be open to this orittotom (a point 1 do not pass npon) I cannot nndsr the drou instances grant the defendants' mo.

tion for this reason. In motions and a fifth' reaaon is assigned, that ths plaintiff has not appeared in the ossa by attorney or by any other perm entitled by law to practice in any of the courts of this tate either by an attorney or in his own proper person. The defendant's argument npon this pdnt is that the plaintiff haying formerly been an attorney and- been disbarred by an order of tne supreme oonrt before the filing of this declaration haa by that action loot his constitutional right to prosecute or defend his suit in his own proper person. This view cannot adopted. It cannot be considered that the supreme oonrt by its order of disbarment has, or har-ammed to axerdew the power to deprive the plaintiff of the right given any niter by the oonetitn tion "to proemte or defend bis suit either in hie own proper penon or by an attorney or agent of hie choioe.

It remits therefore that the motions to strike the declaration from -the files and expnnge the rale to plead' will all be overruled with motion ooeta to the plaintiff on each of them. Dated Jan. 8, 1900. Ehastub Peck, Circuit Judge. The.Heavicst Taxpayers.

Township Treasurer F. F. Wlntnr-eteen has famished ns with the following list of property owners in thia township and dty whose taxes this year have exoeeded (100: Gibbs 87 R. E. Goodrich 870 79 Mrs.

Lottie Lyon 868 96 Electric Oil Store Co. 888 14 Uortright ft Sons 308 67 O. L.Unn 177 70 A. G. Conger 175 88 Mrs.

Loot Cook 187 68 E. J. H. O. Cook J.

Vandetmrg, G. D. H. O. Hartnng Mrs.

B. D. Paul Collyer C. CL Worthington Floyd TiUoteon Lather 167 13 168 64 166 08 166 36 146 00 186 93 188 41 188 18 114 86 106 65 MMMI seeseaekdeeeeaeeqee s-eeesseeeese es. ere ZMiKi ee Eczema for Eight Years.

"For oversight years I. anjfoipd with that plague, eczema, and oonld get relief nntil ohanoe brought me Dr. A. W. Chase's, Ointment, One box cored me perfectly," Chas.

F. Kellogg, Piano Dealer, lie Roy; N. Y. 50 oenta a box at alLdrdggisto brat Dr. W-.

iGhasai Med. Co. Buffalo, N-Y. To prove that lDr ointment eons piles. me, and all skin diseases, a sam; tie mailed cm receipt of stamp.

will Mr. Wm. Stoddard, o. popular young man of Litchfield, was married to L. Mae Woloot, of Hillsdale, Monday even 4 lag, at the rendenoe of the bride's fatVsr.w Rev- M.

F. Loomis, of Lyons, 1 performed the ceremony. Mrs. Harris, Mrs. E.

P. Hockleys mother, died at the home of her son northeast the Tillage Tuesday, Dp-. oemberSfi. ALBION. Martin L.

Horning has been granted a patent on a combined butter-plate and wrapper. Mr. and Mis. Orator Randall east Perry street, are the possessors of aoloek which ae the property of Admiral DeWAM ey on board the Olympia. It was pro-anted by Mrs.

Randalls ancle, who ia a quartermaster of the nary at Boston. The Recorder begins the new year under new management, Mrs. Telft retiring, and the paper peering Into the hands of Messrs. Miller and Chnrch. It will continue to advocate republican principle "oonsclentionily and stren noddy.

-7rr th CONCORD. (From the Independent.) The Concord farmers olnb held their annual meeting at the of P. J. Dewey Saturday, Deo. 9.

The election of officers for the touniiig year resulted aa follows: H. E. Dewey; vice Mrs. F. Hnngerford; 2d vice Floyd Goodrich; Mrs.

Millie Goodrich; Chas. Id tie; reporter, Edison Matties: chaplain, Rev. C. P. Quick; chorister, Frank Hnngerford; organist, Mrs, Myrtle Pennell; asst, organist, Mrs.

C. P. Quick; doorkeepers, P. B. Ray and Clare Goodrich.

The next regular meeting of the olnb will ooonr'at the home of Mr. and Mrs. B. Ray Batnrdajr, Jim. 18; 'F.

Y.lMnKenaiehaa entered 15 Hood-1 eha at the Bostoa, Mara, show, whioh takes place Jan. 13 to 20( 1900. 4 f-. Al.

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About The Homer Index Archive

Pages Available:
58,760
Years Available:
1872-2024