K o k o m o Sa tu r d a y T r ib u n e .A R e p u b l ic a n j o u r n a l .

V o l . 30 K o k o m o , I n d . Sa t u r d a y , N o v e m b e r 5, 18 8 1 . N o . 4,

Secon d E d i t i o n

iy, Nov. 5. 4:80 O’clock P.M.

D IS M IS S E D .

The Indictm ent A gainst the Sheriff’s P o sse W ho

Shot Dr. Cole,

In the Howard Cir­cuit Court, October Term, 1881.

Is Dismissed by Judge Overman on the Motion of the State’s Attorney.

On Monday last the circuit court room was the scene of an unlooked for sensation: When the court convened, Judge Pollard, one ol the attorneys *bo had been enployed by the triends of the late Mayor Cole to assist the State in prosecuting the sheriff’s posse who shot and killed Cole while he was committing a felony, filed a motion asking that the case of the State of In- diana vs. A. C. Bennett, William Styer, Geo. W. Bennett and J. W. Learner De dismissed for the reason that the facts in possession of the State’s at­torneys, and which facts the State may be able to prove on trial, would not sustain the charge in the indictment of voluntary manslaughter. The motion was as follows:

Mate of Indiana J . jvs.

Adhere Bennett,Willlnm .Slyer,OeoW Bennett,J W Learner, J

Comes now John E. Moore, Prosecuting Attorney for the 36ih Judicial Circuit of the State of Indiana, and m oves the court for an order for a nolle prosequi, or dism issal of the above entitled cause, and aa reasons there­for. elates the following, to -w lt.

That the indictment in said cause is for voluntary mau slough ter in the unlawful killing of one Henry C. Cole; that the facts now in the possession of the representatives of the State In said cause, and whicn facts the State may be able to prove upon a trial thereof, will not sustain the charge of volun- Ury manslaughter in the k illin g of said Henry C. Cole; nor is there any prospect or probability of the State ever proving or ob­taining evidence by which said charge may be sustained; that, in fact, in the opinion of the maker of this motion, there were none of the elements of voluntary m anslaughter in the taking of the life of said Henry C. Cole that said act aas either justifiable homicide or murder, and lf an indictm ent is to be pre­sented therefor it sbould be for murder and not voluntary m anslaughter; that if a judi­cial investigation is to be bad of said matter, the State desires that a proper indictm ent be tn t returned by a Grand Jury, that ber rights may be protected; that under the present indictment in this case, the labor And expense incident to such an investiga­tion would be lost—if not from other causes, would be from the improper charge of the indictment as herein before stated.

Your petitioner, therefore, asks that said etnas be dismissed, believing it to be for the interest of the State so to do.

JOHN E. MOORE, Prosecuting Atorney for the State.

C. N. POLLARD,For the State,

Judge Overman thereupon dismiss­ed the case. Messrs. Kern and Vade counsel for the defense, at once filed a hill of exceptions, holding that the Grand Jury had returned an indict­ment after a careful examination of the case, and that the defendants were ready and anxious for trial.

We say the motion of the prosecu­tion caused quite a sensation. Ever since Mayor Cole was shot, his friends have denounced the action of the sheriff's posse as a cold blooded mur­der, a Grand Jury, of the county, after two weeks of investigation, had re­turned an indictment, and after all had been done the attorneys for his side of the case go into court and say that the evinence will not sustain the in­dictment. Judge Pollard, it will beseen, holds that the posse is guilty of mur­der in the first degree or else they are j guiltless. This opinion is also held by all other attorneys. The fact, how­ever, that he asks to have the case dismissed shows that it is a virtual back down, and an acknowledgement dmtthe State b*s no cause for action. The public have the testimony of the sheriff’s posse. The State’s attorneys *Qd the Grand Jury have the testimony for the State, that was given in secret and the public knew nothing regard-

the nature of it, hence we say that this action of the State’s attorneys shows conclusively that the State had °o cause ot action. Of course th e 1 Present Grand Jury can be called again 10 act the matter, or further action can be deferred until a new Grand Ju- ry *s e-^paneled. The people, how­le r , are coming to the conclusion that an individual has a right to pro- tee* his property against burglars, and

indictments that grand juries tnt cannot change their o p in -1

I———— -------------turn aside tor every gust of

straight to Strode’s gallery pictures. He makes the

city. 4W2

MARRIAGE ASSOCIATIONS.

Tw o o f Them O rganized in th is C ity.

During the month of October arti­cles of association of several marriage benefit associations in different parts of Indiana have been filed with the Secretary of State, the object of which is “to encourage marriage relations,” by the payment of stipulated sums to persons who marry. The rage has struck this city and during last week two of these associations have been organized here, one of which began business on Monday last. The HOWARD MARRIAGE BENEFIT ASSOCIA­

TIONwas the first one organized and they elected the following officers and trustees:

President—Lex J Kirkpatrick.Vice-President—J C Black 11 dice.Treasurer—J C Pickett.Secretary—G W Duke.Assistant Secretary—G O Roach.General Managers—Ed R Wilson and John

S. Lowe.Trustees—Lex J Kirkpatrick, J C Black-

lidge, G O Roach, Ed R W ilson, J S Lowe. THE KOKOMO MARRIAGE BENEFIT AS

SOCIATION,which began business this week, elect­ed the following officers and directors:

President—A N Grant.Vlce-Precident—Sol Burkett.Treasurer—J McLean Moulder.Secretary—J E Fish.General Agents—W F Fouch and A T

Mali in.Directors—Sol Burkett, J McLean Mould­

er, J E Fish, W F Fouch, A T Mahin, A N Grant.

It is the intention of these compa nies to establish agencies in every county in the State, their claim being that they combine all of the best tea- tures of this class of benefit assoria dons. » »♦«—............

On Monday evening last the mar­shal of Tipton attempted to arrest three men named respectively David Henry, John Henry and ----- Fulker­son and in the attempt was compelled to shoot two of the men. The Tipton Times in closing an article regarding the shooting makes the statement that “There seems to be a unanimous sen­timent upon the part of the citizens to stand by the officer and uphold him in his efforts to suppress all lawlessness in our city.” We are truly glad to know that the Times, as well as the people of Tipton, sustain the officer. Law must be preserved, and the law officers, in the discharge of their duty, are sometimes compelled to shoot men down. When such shooting occurs outside of Kokomo, the newspapers say it is exactly right, but when it happens in this city newspapers like the Times say it is murder, a grand ju­ry indicts the officers and the despera­do or burglar is pictured as a saint. Why? ».#»<----------

Leg Broken.On last Tuesday afternoon while

Miss Mary Ramey, eldest daughter of Mr. and Mrs. P. S Ramey, of Howard township, was returning home from a visit to a neighbor’s and when about one mile from home, the horse upon which she was riding stumbled and fell, throwing Miss Ramey to the ground and breaking the bones of her right leg between the knee and ankle. The place where she tell was one-half mile from the nearest house and she lay in the road for nearly two hours when she was discovered by Mr. Jesse Yager, who was on his way home (rom this city. He, with other assistance, removed Miss Ramey to her home, when Dr. Ross, of this city, was called who set the injured limb. The accident will confine her to the house for perhaps two months.

On Wednesday last A. R. Hancock, Sheriff ol Marshall county. Illinois, arrived in this city on the lookout tor one Tom Taylor, a fugitive from jus­tice. Taylor was found in one of the saloons here where he was acting as bartender, and was arrested by the of­ficers, and in company with them left the city on the afternoon train on the Pan Handle R’y. The crime with which Taylor is charged is the stab­bing of John Thomas at Lacon, III., in March last, the victim being stabbed in seven places. Taylor was arrested at the time, an indictment was re­turned against him and lie was placed in jail from whic he escaped in Au­gust last, since which time he has been at large.

-------------Have you seen those beautiful Pan­

els—the latest picture out—at Strode’s gallery, up stairs, opposite Central House? 4W2

School Government.The first, and probably the most im­

portant, feature of school government is to be able to govern ourselves; and it is not until then that it is advisable for us to undertake the governing of others. The teacher that can govern himself has only the pupil to govern; while the teacher who can not govern himself has the mortifying task ol try­ing to govern himself and the pupil also, and by having too much on hand at once he gets neither done, and the results are a victory for the pupil, a failure for the teacher; then what will follow is evident.

Second, and not the least, is g o o d ju d g m e n t on the part ol the teacher. And in order to use good judgment at all times it is necessary for the teach­er to be a good judge of human na­ture. He must be able to read the pupil’s nature before he can wisely execute. For instance: if a child’s feelings can be reached by kind words, it is the severest punishment the teacher eau inflict, while on his seat­mate the teacher is compelled to “dust his jacket” with the “rod of correc­tion.”

The third error is talking too much. In the past three years it has been my pleasure to visit several schools, and it has been my sad displeasure to hear the teacher tell a certain pupil as many as ten or a dozen times in a sin­gle half day, “If you don’t behave I will certainly have to punish you.” Now if the teacher makes such an ad­ministration his method the pupil has, or thinks he has, as much right to his method as the teacher has, and in such case he has, and if he be compos men- tis he is bound to see it and take ad* vantage of the teacher’s weakness; hence, our advice to the teacher is never tell a pupil a thing but what you fulfill to the strictest letter of the law (taking circumstances into con­sideration). By so doing you keep his confidence, without which your government as regards that pupil is a failure; and if the last suggestion be complied with the teacher must nee

firmness, truthfulness aud decision^o f character to administer according lo his word, all of which are essential qualities of a successful teacher.

D. C. P e t e r s .Greentown, Ind.

-------------An associated press report gives

some interesting figures regarding the National Finances, in connection with the publication of the Debt state­ment for October, as follows;

“The decrease of the debt for the four months of this fiscal year is $55,- 064,345.08; for the same months of the last fiscal year, $33000000. If the same ratio of reduction continues for the remaining eight months the total reduction for the fiscal year ending June 30, 1882, will be about $170,000,- 000, against $100,000,000 in the fiscal year ended June 30, 1881. At this rate the entire public debt, $1,785,534,446.90, will be wiped out inside of ten years, as the interest payments will steadily decrease in amount. The interest on the debt now is .’about $62,000,000 an­nually. while at this time last year it was about $82,000 000 annually. The pension list will be fully $12,000,000 less this year than last. “Provided the tax on whisky and tobacco re­mains the same, and without material change in the tariff, we will not owe a cent ten years hence,” said a promi­nent Treasury official to day.

The Debt statement for the month of October shows a decrease in the public debt during the month of $13,- 321458; cash in treasury, $240,960,971; gold certificates, $5,307,923; silver cer­tificates, $66,327,670; certificates of deposit outstanding, $8,310,000; re­funding certificates, $598,050, fractional currency outstanding, $7,093,151; cash balance available to-day, $144 493448.

The Telephone E xchange.On Monday last the Western

Telephone Company put up sev­eral temporary lines in this city pre­paratory to putting up their permanent lines, which will be done next week. Telephones were placed in the T r i b ­u n e office. Dixon & Co.’s, R. S. Gas- kill’s office, the Clinton House and at Sellers Bros., and connected with the central office in the Western Union telegraph office The telephone has now come to be a necessity instead of a luxury, and we believe the Exchange here will be connected with fifty in­struments in a very short time. The telephones which will be used here are known as the “Bell” twith the Blake transmitter. Any information regarding the Exchange, the cost of putting in an instrument, etc., will be cheerfully furnished by W. H. Glass, of the Western Union Telegraph Co. here, who will have charge of the Ex­change.

* .«#»■ «--------------------

Suprem e C ourt Decision.The Supreme Court of Indiana de­

cided the following cause on Thursday last, on appeal from the Howard Cir­cuit C ourt;F R A U D U L E N T C O N V E Y A N C E — P L E A D IN G —

E V ID E N C E .7,731. W illiam L. Jennings et a1 vs. Isaac

R. Howard. Howard C. C.Bicknell, Com.—In a snit to set aside rn

conveyance of land for fraud, it Is sufficient to aver and prove that at the date of the deed the defendant did not have left enough of other property subject to execution to pay all his debts. (72 Ind., 12. 2.) In such a suit where judgm ent should have been given against one of several plaintiffs below, it will be done in th is court. (60 Iud. 50T.) A deed may be set aside for want or considera­tion therefor, where the debtor was insolvent and in such case no proof of fraudulent in ­tent is required, (72 Ind., 505.) In this case there was evidence both of insolvency and fraudulent intent. In view of the evi­dence the instructions given were not er­roneous. The impeachm ent of a party is not such a surprise as will entitle the party to a new trial. Affirmed as to all except Bell and McNeil.

John L. Z i n c e , ol Chicago, has in­stituted suit in the circuit court at In­dianapolis against Miss Louisa F R E N ­ZEL for a breach of promise of mar-

essarity be the possessor ot honesty The complaint states that Ute

The whole system of selecting jurors should toe remodeled so as to prohibit unfit persons from getting into the jury- box at all. There can be no change for the better while the present miser­ably inefficient method of selection is maintained, and the fault, we are free to say, is not so much in the I aw as in the way in which it is administered.— Pittsbuigh Commercial-Gazette.

Among the young folks from Peru who attended the club dance here on last Thursday night we noticed Mr Ira Raymond and Miss Fannie Efiin- ger, and Messrs. Hunt, Enswiler and Farrar. Miss Jessie Talbot, of LaFay- ette, who is visiting *ia Peru, accom­panied the party.

plaintiff and Miss FRENZEL, a wealthy young lady of Indianapolis, were en gaged to be married about two years ago; that the engagement was kept up until recently, when Miss FRENZEL broke it, and that she now refuses to marry plaintiff, although he is still ready and willing to marry her. The complaint then goes on to state that plaintiff has in his possession many tokens of love and respect from de­fendant, such as letters and rings, and that by th e .failure of defendant to make good her promise of marriage he is damaged to the amount of $10,000,

■ « - ■ » • « — ----------------------------------

New Jersey is trying to claim Noah, because he was a New-ark-man.—Burlington Hawk­eye.

Yes but you know he looked out of his Ark- ansaw land.—Richmond Palladium.

That, however, was before cashier B a l d w in ’s time. Had he lived at that period he would have had a mortgage covering the land so heavy that the water could not have covered it and he and his directors would have watched for the ark so that when Noah looked out a writ of attachment could havebeen served upon him.

► <-------------The estimates for expenditures by

the Postoffice Department, for the cur­rent fiscal year, are $43,661,300, while the estimates of the postal revenue are $42,741,722, which makes a deficiency of only $99,578. The saving in expenses grows out of the cutting down of the Star Route service. Now, if the rail­way mail service should be investigat­ed, an enormous amount would be saved in addition to that effected by curtailing the Star service, and the Postoffice Department would be self-sustaining.

— >«»». ........

A crank, giving his name as Dr. John N o e t l in g . and who claimed to be the lawfully elected President of the United States, attempted to enter the White House on Monday last, and it required the efforts of five attendants to eject him. In the struggle that en­sued a large size Smith & Wesson six shooter, all the barrels of which were loaded, was wrested irom him. He was placed in jail as a maniac.

According to a decision of Attorney General Baldwin owners of sheep killed or injured by dogs are required under the new law to report their loss to the township trustee within ten days after the damage is inflicted. In case of failure to report they lose all right or claim to compensation.

Reorganization o f Council Com­m ittees.

At the regular meeting of the City Council'on last Tuesday evening, the Mayor reorganized the Standing Com­mittees of the Council as follows:

Judiciary-- Bronte, Tate Ellis.Finance—Jay. Ray, Tate.Claims—Ray, Kern, Broose.Streets and A lleys—Hunt, Gordon, Broose. Fire Department—Kern, Jay, Ellis. Cemetery—Tate, Jay, Hunt.E d u ca tio n -Ellis, Gordon, Kern.Gas—Tate. Ray, Gordon.Manufactories—Broose, Kern. Ray.Sewers and Drains—Broose, Tate, H oot. Revision of Ordinances—GordoD, Ellis,

Jay.

W reck on the Narrow Gauge.Engine No. 6, on the Narrow Gauge

was wrecked about a mile west of the city on last Thursday. The cause of the accident was the spreading of the rails. The engineer and fireman were not hurt, as they foresaw the calamity and jumped off in time to save them­selves. The engine only suffered slight damage. The debris was clear­ed away by the wreck train fromFrankfort.

--------------------

Chief-Justice H u n t e r , of the Utah Supreme Court, rendered a decision on the question of ex-Delegate C a n ­n o n ’s naturalization Monday, which de­clares that C a n n o n ’s pretended natur­alization was a nulity, thus sustaining the position taken by Gov. M u r r a y in refusing to give a certificate of elec­tion to C a n n o n . It is probable that in view of this decision Congress will give the seat to C a m p b e l l , Liberal Repub­lican, to whom Gov. M u r r a y issued the certificate.

The special committee of the Coun­cil, appointed to investigate the ac­counts of the late Mayor Cole with the city, have submitted a report, as fol­lows:Du© City ..S3B1 80Do© ex-City Attorney Gideon............... l l 56Du© City Attorney K irk..................... 29 56Due City Marshal................................. 9 63Du© w itn esses 7 OO

Total due................................................ S419 55Less his salary 161 25Net doe the c i t y -S258 30

—The proprietors of the Adams Chill­

ed Plow Works, at Plymouth, are look ing for a new location where they can have better railroad facilities, cheaper coal and better buildings. To these gentlemen the T r i b u n e would say that Kokomo is just the place they are looking for. Our railroad facilities are first-class, we are near the coal fields of Indiana, and we believe ourpeople will do well by them.

-------------Telephonic C om m unication .

The T r i b u n e office is connected with the Telephone Exchange and can be communicated with at any hour. The T r i b u n e asks and urges the patrons of the telephone and friends in general to send us by the telephone all news items which may come to their knowledge.

Garfield and Tyner.W ashington special to the Cincinnati En-quirer.On the very day before President

Garfield was shot, he sent for Mr. Ty­ner. Some days before, during the absence of the President at Elberon, a rumor was circulated that the Presi­dent had offered his place to ex-Sen ator Spencer, of Alabama. When Tyner heard this, he telegraphed to the President at Long Branch, to as­certain its truth. A reply was sent by the President that it was not true. When, on the day before the shooting Tyner went into the President’s room, he said: “Old fellow, I answered your telegram promptly; and now I want to assure you that I have no intention of removing you. Whenever I want you to leave the office you now hold, it will be for the purpose of giving you a better one.” » ----------

The country is now safe. Charles Kahlo, of Logansport, was confirmed last week as Consul of the United States to Sydney, Australia. All Logansport is happy for the reason that it is the first time in the history of Cass county that the Republicans of that county were united on one man.

The season ol lake navigation im nearly closed. The Chicago elevators now contain 12,000.000 bushels of grain, against 10.500,000 bushels ayear ago at this time.

— -------------The J. H. Haverly Golden Group

Mining Company have established an Exchange in Boston, with Col. C. N. Pratt as its manager.

General Brad v a Appointment.Special to Cincinnati Enquirer.

When Gen. Grant made up his mind to appoint Tyner Postmaster General, Senator Morton was pressing another candidate from Indiana. Grant told him his mind was fixed on Tyner, but he could have his Indiana friend pre* vide I for as one of the assistants ur - der Tyner. Said he: “Senator, yeti see Tyner, and it can be at ranged.*9 Morton had a long conference with Tyner, and his first impulse was to have his son John appointed second assistant. John was then in California as special Treasury Agent, or some­thing of the kind. It was found he could not get to Washington on ac*' count ol ill-health for an indefinite period. He was then abandoned. Then Morton said to Tyner: “I want Tom Brady provided for. He is a smart fellow, a good political organ­izer, and I want him in the public ser­vice.’*

“What place do you suggest for him Senator, asked Tyner.

“Why, Second Assistant Postmaster General.”

“I have a proposition,” said Tyner, “I did want Jim Wildman (Kokomo Jim) for the place. Now, I’ll tell you what can be done. I will appoint Bra­dy a special agent, and have him as­signed to Indiana, and Wildman can come on here and be my assistant. I don’t know Brady very well, but I do know Wildnian. The honor of the Postmaster General is in the hands of the Second Assistant. I have no ob­jection to Brady, other than I prefer Wildman.”

Morton, however, insisted that Brady should have the place, and as Grant had promised he should control theplace it.was given to Brady.

-The Mechanics National Bank, of

Newark, New Jersey, which was con­sidered one of the best banks in the country, suspended payment on Mon­day last, its cashier, Oscar L. B a l d w in , having stolen everything except the safe, and the only reason he did steal thai, av as Ik* causa i i lunvvBoard of Directors, B a ld w in con­fessed that he had stolen $2,500,000 from the Bank, offering as an explan­ation that in 1873 he began to make loans to C. NUGENT & Co., morocco manufacturers of Newark, asking nei­ther the sanction of the bank directors nor security from N u g e n t & Co. Hav­ing begun, he says, he felt that he was in the power of the firm, and made loans to them whenever they wanted, sometimes loaning them as high as $50,000 a month without any security whatever. The N u g e n t firm prom­ised that all loans would be made good, that it had plenty of property, and also assured him that there would be no trouble. His story is exceed­ingly thin, and when the investigation into the affairs of the bank is conclu­ded the fact will no doubt be shown that the money was lost in specula­tions in Wall Street. This defalcation, which is the greatest that has ever oc­curred in this country, will ruin many of the stockholders. B a ld w in has been arrested as also his alleged abet­tor, NUGENT.

■ » » • » —

This week’s issue of Fiction, the new periodical published by the pub­lishers of Puck, contains,among other stories, a short sketch entitled “The End of New York/’ which is the best take off on the navy of the United States that has ever been published. The time is January, 1882, the scene New York Bay. A war has broken out between the United States and Spain. The Spanish fleet arrives, the battle of Fire Island occurs, the bom­bardment of the metropolis takes place and the city is ruined by the use of torpedoes. The city finally surren­ders and promises a large indemnity in money. Just at this time a Chilian fleet arrives and, anxious to avenge the bombarding of Valparaiso by the Spaniards in 1866, blows the Spanish fleet out of the water. Gens. G r a n t and H a n c o c k are prominent charac­ters in the story. The moral of story is to show the miserable wretched condition of the United States Navy and its inability to cope with the navies of the poorest gov­ernments on earth.

Strode has taken, on art work, six­teen premiums at the Howard county fairs the last two years. Merit will win. 4*2

M oney to L oan In any sums, at lowest int privilege of paying at any time, by B. F. Harness. 4W3

u t '

See those beautiful« new ground fl jo t