The Star Press du lieu suivant : Muncie, Indiana • Page 10

in 10 THE MUNCIE MORNING STAR, TUESDAY, JULY 18. 1911. WHO OF THREE WILL BE LIQUOR JUDGE? Judge Frank Ellis Submits List of Three Magistrates. FOX'S NAME ELIMINATED Judge Bagot or Paulus Will Decide Vexed Issue. one more step toward the trial of the forty- liquor remonstrance cases pending in the Circuit court was taken yesterday afternoon about o'clock when Judge Frank Ellis announced the names of the three judges that he has selected as the commission from which the weta and drys are to choose the judge to preside at the trial of the cases.

The judges nominated by Judge Ellis are as follows: Henry J. Paulus, of the Grant Circuit court; Charles K. Bagot, of the Madison Circuit court, and Henry C. Fox, of the Wayne Circuit court. The nominations as made by Judge Ellis were A surprise to many It was generally believed that Judge James J.

Moran, the Jay Circuit ear court would be one of the three men named. The dry forces declared last evening that they were dissatisfied with the selections of Judge Ellis. The drys contend that it has been the customary practice, and, until only a few years ago, the law, that in cases where a change of judge Was asked the judge was selected from one of the adjoining counties. They point out that the judges in all of the surrounding counties were avallable and they say the action of the court appointing Judge Fox 18 without precedent, although they do not deny the legality of the appointmente. They point out that Judge Jackson of Henry county, Judge Engle of Randolph county, Judge Moran of Jay county and Judge Sturgis of Blackford county, all In adjoining counties, could have been legally nppointed.

The drys say that Judge Bagot and Judge Fox are ultra while they say Judge Paulus also favora the wets, but they term him a conservative. Each Strikes Off Name, By the conditions under which the judge to try the cases is selected each side strikes off one name from the list of three and the one remainIng hears the cases, The drys have practically announced that they will strike off the name of Judge Fox and although no stateemnt has been by the attorneys for the saloon applicants it is belleved they will strike off Judge Paulus, leaving Judge Bagot of Anderson aM the probable court to hear the cases. Some wets way that Paulus is to hear the case, however. As the wets are the plaintiffs in the cases it is compulsory that they take off the first name, and the drys will then follow. one remaining 18 try the It is generally believed officially appointed' the magistrate to that Judge Bagot will be named.

A new light came over the situation last evening when it was intimated by some that a change of venue from the county might be taken by the drya. This is their only recourse left. If they should not desire to try the cases before the judge selected. for a change of venue could thirtede to filed another and the county, cases could if the be judge appointed would grant the change. This action is looked upon as wholly improbable by many although there WAS a rumor in dry circles last night that such a move would be taken.

Selection in Two Days. The law provides that the selection of the presiding judge shall be made within two days after the nomination is made. Some arguments arose over the question between the attorneys last evening. It WAR contended by some that yesterday should be counted as one of the two days while others contended that the two days were then two immediately fol- Charming Butterick Summer Girl Set the August Fashion Sheet and see some of her other frocks. FREE Copies at our Pattern Counter W.A.M' lowing the day on which the nominations were made.

Judge Ellis said: "We can't cross the When asked a concerning this point bridge until we reach it." He stated that It wag a matter to be decided later. It is probable that both sides will have made their choice by this evening and it is thought the appointment of the presiding judge will have been made by the time court this evening. 88 nearly everybody have sue settled soon. A bitter animosity sprung up between the attorneys yesterday hand many sarcastic remarks were shot across the court room by laywers of opposite sides, Several of the attorneys representing the applicants were not in the court room yesterday because of this Judge Ellis first indicated that the matter would be continued until this morning, but he reconsidered and nominations. WIFE BEATER IS FINED CASE OF GREAT CRUELTY Humane Officer of Muncie Police Force Will Look After Men Who Mistreat Their FamiliesBrutal Husband Penalized.

Wife beaters get little mercy in City court and Charles D. Clark is well aware of this fact for he was found guilty, fined $15 and sentenced to serve thirty days in jail for a brutal assault upon his wife. The arreet came as the result of an affidavit filed by the humane officer, L. D. Marrs on behalf of the Delaware County Humane society.

Officer Marra was informed that Clark went to his home in a surly mood Friday and after abusing Mrs. Clark struck her several times. Officer Marrs was investigating the case and asking questions of one of Clark's daughters when Clark interrupted their talk and threatened to strike the daughter if the latter gave any information, It was said. "You don't think I would sit here and permit anything like that, do you said Marre, and continued to ask questions. As the wife would Ale no affidavits against her unruly husband, Officer Marrs did Clark has two daughters and a son.

When he struck his wife Friday one of the daughters endeavored to Interfere and in turn recelved a blow which caused her to remain ill the remainder of the day. A daughter and son testifled against the father yesterday in court but the wife refused to do so. Much credit is due the humane officer and the Humane society in the task of convicting a wifebeater. and when Officer Marry assumes his new work of becoming a regular humane officer tomorrow the work of protectIng the weak and helpless will go relentlessly on. CAUGHT UNDER A BOILER HARRY BAUM IS CRUSHED While Trying to Steal Ride on Lake Erie and Western, Young Man Was Severely Injured and Is in Hospital.

The narrow escape which Harry Baum, 18, originally of Germany, now of Birmingham, had from death In Muncie probably always will linger in the memory of that young man. ills body was all but crushed late night by the weight of a large boiler on a freight car near the HindeDausch paper mill. He is now in Whitney's hospital with a seriously cut leg and minor bruises over his body. Baum was endeavoring to steal ride over E. W.

to New Castie last night." There was considerable switching of cars in the southern part of the city and A large boiler shipped by the Broderick company of this city shifted and caught Baum. Suffering intense agony Baum was removed to' the hospital, where an examination showed that his left leg had been deeply gashed between the knee and ankle. It was a very ragged and ugly cut and Baum suffered greatly. It is believed injury will not cause the loss of the limb, however. Amusements Capacity houses greeted the initial performance of the closing week's bill at the Star theater yesterday and of the many excellent attractions that Manager Andrews has presented during season, this week's offering ranks with the best.

Burton's comedy acrobatic dogs and leaping greyhounds headline the program and it is one of the cleverest acts offered here. The animals work with much rapidity and this with the numerous difficult and original tricks that they perform won for them plenty of a preciative The greyhounds did some sensational leaping that was an excellent feature. Another good turn comedy playlet entitled "Her Own Mother." presented by the Selbert-Lindley company. There are three capable performers in the act who handle their various roles and the many amusing situations that abound in the sketch admirably, for the matinee audiences the offering should prove entertaining. A ing hit WAS scored by Frank Clayton, of everything comedian, who offered a little bit music, Elste Stirk.

billed as the girl of many voices, lived up to her announcement. She proved herself a very versatile Impersonator. and also displayed unusual cleverness on the trapeze. Lodges and Unions will meet council No. 16 R.

and F. M. Muncie West Main street temple on in the Masonic o'clock. this evening at R. and P.

will be Work in the There will be M. degrees. Refreshments served. There will be Ben Hur a meeting of the block, this lodge In the Kimbrough evening. Officers will be ORVILLE HARROLD TO APPEAR IN LONDON Will Sing the Second Night of the Opening of New Opera House.

KING MAY BE PRESENT Muncie Tenor Makes Debut to English Public Nov. 12. It has now been definitely learned that Orville Harrold, Muncie's famous tenor, will sing at the second night of the opening of Oscar Hammeratein's new opera house in London, on November 12. Arthur Hammerstein has just arrived in New York and has given out his father's plans. Strong efforts are being made to have King George and Queen Mary, with the royal household, present both at the opening night and on the night that Harrold sings.

Associated with Harrold will be many of the most brilliant operatic singers of both hemispheres. The opera in which Harrold will sing is not yet known but the chances are that it will be Leoncavallo'8 "I1 Pagliacci," or Gounod's "Faust." The Muncie tenor is studying in Paris just now and the word has gone forth that his mastery of diction and the vocal art will be of such a nature that the London ausic pablic will be more than pleased. Full of Enthusiasm. Arthur Hammerstein who got back from Paris and London yesterday, brought news from his father Oscar, who 1g full of enthusiasm over his new opera house in London. The opera house will open on November 11.

When the son left Paris the father was hurrying to London to get some of the nobility to take tickets at the door on the opening night. Arthur believes that his father has caught on to London methods, newspaper and theatrical, although opera regarded London 39 A hard proposition. AUTO DRIVER GOES FREE Young Man Arrested on Forgery Charge at Liberty. Following the making out of his parole auto papers, driver Edsall who Quinby, received the a suspended sentence recently in the Circuit court on a charge of forgery. was released from the county jail yesterday.

Quinby admitted that he had forged his father's name to check for a small sum. He was gentenced to the state reformatory for the indeterminate period of not legs two nor more than fourteen vears The sentence WAS suspended, however, on the promise of the young man to reform. Quiaby told the officers yesterday he had profited by his experience and he proposed to lead a new life from now on. The young man intends returning to Anderson where he is employed as an auto tester. City Statistics New Suits Filed.

-Circuit CourtDolson Auto Supply company VA. Robert H. Calvelage, note. Demand $400. Court Record.

-Circuit Court-Lena Ross V8. The Phoenix Preferred Accident Insurance company, damages. Cause dismissed by plaintiff. Costs paid. Grant Trust Savings VA, The Leader Publishing company, et al, complaint for receiver.

Receiver's final report with vouchers filed. Flora J. Rinks vs. Harry L. Rinks, tiff.

Costs plaintiff. divorce. Cause, dismissed by plainAlma A. Brammer Va Edward R. Brammer, divorce.

Cause submitted. Evidence heard. Finding for plaintiff. Judgment divorcing the parties and awarding care and custody of two minor children of parties to the plaintiff and that defendant, pay $12 per month for the and maintenance of said children while in custody plaintiff. Real Estate Transfers, John B.

Balwin to Mut. Home and Savings Del. Co. Ld. 645 1,400.00 Elizabeth Timmies to Oakley Fernin.

Gal. Sub. 714 1,000.00 William Y. Chapin to Guthrie, W. Ld.

Pt. George 10-4 In 10-1 1.00 David A. Lambert to Burtey Waite. Burson's Sub. PL 6-6-7.

In Riverside 6,500.00 Carlton V. Williams to Darvis J. Leeper, Sparr's PL. 4-5 In Sel111 1,400,00 John P. to Albert 0.

Kirkwood, Sparr'a Selma. 16.50 Bessie Blease Ross to Thomas H. Blouse, et al, Blease 6, Riverside 3,000.00 Alva La. Kitselman te Harry L. Kitselman, Sub, lot 17, Pt.

1.00 Henry F. O' Meara to Pioneer Pole and Shaft Pt. 28. Pt. ne.

400.00 William P. Martin to Cora T. Merrell, Boyce 1st, 24 3,280.00 Total $16,968.50 Funerals, WAGGAMAN- The funeral of Mrs. Delotring Waggaman, who died at her home Sunday, will in the Normal City E. WedSi.

churchel nesday afternoon at 2 o'clock. and will be in charge of the Rev. Mr. Asay. Burial will be made in Beech Grove cemetery.

WRIGHT--The funeral of Wright, daughter of John Wright, who died at the family residence in Whitely, was held at the residence yesterday afternoon and burial was made in Beech Grove cemetery. CHALFANT--The Then funeral of Mre. Sarah Chalfant. died at the home of her daughter. Mrs.

S. D. Knott, 311 North Dill street, was held hit the Mt. Pleasant church near Burlington yesterday. MANN The funeral Isaac Mann.

well known farmer who died at his home in Albany, was held yes. terday at the family residence and burial was made In Strong cemetery. WA.M Muncies Big Department The Result of Liberal FIRST TEN DULY MARK- Is An Unusual REMNANTS OF REMNANTS REMNANTS REMNANTS Remnants Linings Yard All accumulation of dress linings of various colors and sorts. Worth 6c a yard, or thereabouts. Out they go for only a yard.

Wash Goods 10c For 10c a yard buy from a lot of remnants madras, batistes, from the 15e to 25c lines. Rich picking in this collection. Dress Goods 25c Yard dresses, women's skirts and 25c a yard. Plain and novelty weaves of dress from the 39c to 69e lines. Lengths convenient for children's dresses.

Out they go now for only. IS BEAN "IN THE BIFF SWAPPERS' PLIGHT Colored Pugilist Said He Was Preparing, in Regulation Way, for Fishing Excursion Other Liquor Cases Are Tried. Harvey Bean, colored, better known in the pugilistic world as "Kid Hoy," Is accused of operating a blind tiger and according to the police Bean 19 another genius in this line and has worked out his own original ideas. Bean pleaded not guilty in City court yesterday morning but the police say they have enough evidence to put Bean "in the soup" as it were. At the shoe-shining place operated by the dusky biff-swapper on South Walnut street there was confiscated considerable beer Sunday.

Most of it was in a suit case, reposing snugly under a counter, while part of it was in the ice cooler, buried beneath pop and bottled buttermilk and such ful and legitimate articles of com-, merce. Bean explained that he was fishing and had the beer going out ice in order to make it fit for consumption. Bean resides not far from his shoeshop. where, It 19 said. he shining supply of stock.

It is said kept a the beer was stored between the slats and mattress of a bed in a tin case. Incidentally some one slept on the bed, no doubt, keeping cool during the recent hot spell, if ice was placed in the tin box, Whenever the stock got low in the shoe-shining place Bean sauntered over to his home and lice belleve he has been doing an 11- replenished it, it is stated. The polegal business. "Willie Fly" Didn't. William McCormick, more popularly known as "Billie Fly," paperhanger.

was in the lineup in City court yesterday morning. being charged with inebriation. "Fly" admitted he might have been a little tipsy, and asked the judge to let him go to his home and get $11 with which to satisfy the demands of the court. The officers tried hard to get "Fly" to tell where he bought the booze, but the prisoner said that he could not remember where it had come from as things were moving with such kaleidoscopic rapidity that nothing definite could be recalled by him. He said Harry Goodman.

Charles Austin and himself had raised a fund sufficient to secure a quart of whisky after which he lost track of events. Goodman and Austin also were tried on the same charge yesterday and found guilty. Fred Croft. George Van Sickle, Sam Weaver and Fred Shannon pleaded guilty to the charge of intoxication and were fined. Sam Miller, the man who stood in the middle of Hoyt avenue and fired wildly Into the air with a revolver.

was fined $11 in City court yesterday. All the time he seemed to be imitating a "bad, bad man, from a bad, bad land." hence he may be returned to state's prison as he is a paroled prisoner from there. His case will he considered by the prison authorities. Naughton Store Every Thing For Everybody Selling During the DAYS OF THE bi IT a A ay hy. ug DOWN SALE! Large Number of MANY KINDS These remnants are accumulating of them in the ordinary course means must be arranged for to dry goods merchant's mercantile thing that a progressive merchant it is remnants.

Hence we adopt the ouly sure lower, lowest. Out on the various these remnants today at get-rid-of-quick Wash Goods 4c yd. Remnants of calicoes, ginghams, lawns, ete. Like sold from the bolt for 6e to 10e: a yard. In remnants for 4c yd.

Remnants Silks 25c An accumulation of plain and fancy silks from the 39c to 69c lines. Many waist and dress pattern lengths at 25c yard. Embr'd's Half Price Remnants of many kinds in most every, wanted length. Edges, bands, insertions, etc. The closing out price is about half regular cost.

ASSAILANTS ASK FREEDOM THERE IS OPPOSITION Young Men Accused of Holding Up and Beating David Stewart, Muncie Merchant, Hopeful of Release. Although no official action has yet. been taken to suspend the sentences; given them it is understood Oscar McKim and "Nig" McCarty, the two young men convicted in the Circuit court several weeks ago of having held up and robbed David Stewart, the well known restaurant man, feel confident they will not have to serve another term in the Jeffersonville reformatory. It is understood that both convicted men have informed their friends that arrangements have made whereby the sentence imposed upon them will be suspended pending their good behavior and it is understood the two boys had hoped to have been arraigned in the Circuit court yesterday afternoon to have their penitentiary sentences suspended. Any action that may be taken rests entirely in the hands of Judge Ellis and that magistrate has not intimated what may be done.

Some days ago Judge Ellis said that he was waiting on the attorneys for the defendants to file their motions for a new trial which privilege they asked when the verdict of the jury was returned There are many who are opposed to the young men's being released, however. The attack made upon Mr. Stewart was one 01 great brutally. While the well known man was on his way home at an early hour in the morning, carrying the day's receipts of his restaurant, he was held up by two men near the Methodist Protestant, then church struggle on East that Jackson ensued Mr. Stewart terribly beaten and for several days there was doubt as to whether he would recover.

Mr. Stewart Identified his assailants as McKim and McCarty, both of whom had been in his place of business a short time before he started for home. After their arrest both men denied their guilt and in their separate trials claimed they were home evidence at the against time of the hold up. The them, however. was convicting, but they were sentenced to the Jeffersonville reformatory by the jury.

Both boys have served time in the reformatory and it is because of their reputation that many are opposed to tire present sentences against them being suspended. Especially have McKim and his friends been making a hard fight to get free from the sentence. Several weeks age McKim asked to be taken before Judge Ellis and he made a strong plea for clemency, claiming he was innocent. Friends of McCarty have also been active and according to communications passed to friends understood both feel confident they will not have to tory, Action of some kind serve another term in the ly be taken in the cases this week. faster than we can dispose of selling.

More strenuous get rid of these, the bane of a life. For if there is any one dislikes to see accumulate remedy, that of prices, low. counters, main floor, find prices, like these Wash Goods 6c This lot consists of remnants of ginghams, lawns, percales and other wash fabries from the 10e to 15c lines. 6c yard. Remnants of Laces An accumulation of valenciennes, torchon and other kinds of laces.

Most every wished-for length. Prices cut to just about half. Remnants Domestics Remnants of staple cotton goods such as muslins, cantons, table oil cloth, tickings at below maker's cost. Muncie Girl Weds Man Twice Her Age According to a dispatch from Chicago to The Star, Blanche Godfrey of Muncie, who gave her age as 23 years, presumably was married there yesterday to John F. Howe, of Tarnetum, who gave his age years in the application for A marriage license.

The city directory of Muncie le gives the name of neither, DENNIS HOYT IS DYING Well Known Man May Not Have Long to Survive. Word received yesterday by his brother, Joel Hoyt, that Dennis Hoyt, for years one of the most prominent residents of Muncie, is again in a serious condition of health at Albuquerque. New Mexico. Mr. Hoyt went west some months ago in search of a place that would be beneficial for tubercular trouble which was communicated to him by his first wife, a sister of the late Judge Orlando J.

Lotz. His decline was rapid and marked, he dropping in weight from 252 pounds to 144 pounds in a year's time. Mrs. Hoyt is with her husband and word comes that she, too, has been unfortunate. She was seized with an affiction of the eyes and pelled to undergo a serious operation.

The indications are that will not survive many days unless an unforeseen and unexpected change for the better comes. For years he was manager of the old Griesheimer billiard parlor on East Main street. CITY NEWS DR. WILL KEMPER TO LEAVEDr. William W.

Kemper is preparing to remove to a farm near Lancaster, 0. Mrs. Kemper owns a farm of 160 acres there. They will depart next week. Dr.

Kemper is the son of Dr. G. W. H. Kemper.

of this. He has always resided in Muneie and the departure of Dr. Kemper and family will be a source of regret to many of their friends in Muncie. He served as a member of the city health board. DIVORCE CASE DISMISSED- The divorce case of Flora J.

Rinks against Harry L. Rinks was dismissed from the, Circuit court yesterday on motion the plaintiff. SUIT ON NOTE--The Dolson Auto Supply company yesterday entered suit in the Circuit court against Robert H. Calvelage for judgment in the sum of $400. The suit is brought on 3 note.

TWO RAW RECRUITS. Earl Bisalek, tormerly employed at the Midland steel piant, and Raymond Reed, 1121 South Grant street. enlisted at the army recruiting station vesterday. Both joined the coast artillery. PONETO RESIDENT STRICKEN.

Bluffton, July Walker, a well known citizen of Poneto. the was Jamison stricken with. at hotel at Poneto this morning and is in a serious condition. He is absolutely helpless, Jonesboro If Jonesboro, July assisting in the harvest field on his farm near Trask, eight miles southeast of here, Phil Wilson, president of a thrashing ring, was the victim of a bad gash when a water jug was dropped accidentally upon his head from the top of a load of wheat, William Mackintosh was discharged this morning when tried on an affidavit filed by his wife for surety of the peace. wife alleged, that Mackintosh threatened his children if they returned home after a.

visit to the home of Mrs. Mackintosh's mother in Marion. Mackintosh is now under a suspended sentence for assault and battery. Ernest Rothinghouse has gone to Wellsboro, W. to accompany Mr.

and Mrs. Bruce home in their auto. They expect to arrive home Thursday or Friday. Mr. and Mrs.

0. Wootring, of Doylestown, are the guests of their sons. Harry and Charles, here. The union evangelistic services which have been going on here for the last three weeks, were closed last evening, when the Rev. Harlow W.

Parsons preached his farewell sermon to eight hundred people. Gas City Gas City, July local M. E. Sunday school will run an excursion to Winona tomorrow. with sixteen coaches.

The Gas City Owls baseball team will accompany it to play a game at Winona. The excursion will start from Fairmount. Jacob Sloderbeck, of Marion, after being marshal of Gas City for just two weeks, has resigned. The police board asked him to move to Gas City in order to regain his position, and he refused. The Rev.

H. M. Brown, known as the "cowboy will give an address in the local park Friday evening at 9 o'clock. Misses Marie Vance and Margaret Chaffee have gone to Chicago, the latter's home, where Miss Vance will visit two weeks. CEMENT LIKE A QUICKSAND Drags Man Who Falls Into It Down to His Death.

Allentown. July 17. -After car of cement had been loaded from one of the bins of the Lawrence Cement company John Vogal Was missed. He bad been deep down the bin shoveling from a ladder, and after a good deal of digging his corpse discovered buried under tons of was the cement. Unseen, he had fallen from the ladder and sunk deep down in the cement, which acted like a quicksand, until he was smothered.

BLINDED BY AN EXPLOSION Into Piece of Boy Poured Powder Gas Pipe. 17-- VerColumbia City, July 1in Grace, 8. old, lost the sight years of both eyes today, the result of an of powder that he had explosion poured into a piece of gas pipe and lighted. He was badly burned about the face and hands. and his ery is doubtful..