Decatur Democrat, Volume 35, Number 23, Decatur, Adams County, 28 August 1891 — Page 1

VOLUME XXXV.

- DR. MINSER StHI in the Toils. J a His Case is m the Hands of Twelve Men ; Who Have Been Wrestling with ItSince Five O’clockThursc!ay. Everything Points to a Full Proceedings ot the Tria| and the Judge’s Charge to I the Jury. ’ ——A Cross-examination of Clara Jay —She? came in April; she came on Monday, came with Mr. Burk, came through fields; seen them coming before reaching house; they were walking; man carrying bundle; stopped a short time; Jose made me de* tiie work; on Wednesday after Daisy came I got up first, Daisy last; went to Pickering’s in the afternoon; she was at Jose’s house while I was away; Lige was working that day; that night I slept with Daisy; we got up every morning befor Daisy; Thursday Daisy was at Holland’.'-; washed on Monday; on Friday Holland was there; she said she was tired, she said she wanted to rest awhile; Daisy talked to Mrs. Bubnieyer said she wasn’t feeling well and was tired and if she hadn’t got so far past the house she would go back and remain all night; got up to house and took hat off, and Daisy came in; Daisy, Jose and Lizzie went to gather greens on the afternoon that we were at New’ Corydon; don’t think that Jose had her head tied up! guess you are right about that—in reference to summer kitchen; before Lige W’ent away Jose and he went out doors and remained up and about the house until I Went to Pickerings; Lige sat up some nights and Jose sat up some nights, and sometimes both; when I came; gave her some medicine in a tea cup. Andrew Pickering—Live in Adams county; know Elijah Holland; I don’t recollect; Clara Jay stayed at rny house Mav 2, 1S91; knew Daisy Reynolds; died at Holland’s; she was at my house once; I was at Holland’s house on the Sunday following the Saturday night that Clara was at my house; I saw Dr. Minser the first time in the Decatur jail. Elizabeth Pickering-—I live in Adams county; know Elijah Holland and Jose Holland, five years; they lived in Adams county one-half mile from me; they are coined . peonle; it was a white girl called Daisy “Reynolds; she came there on the 2O’h day of April, and lived there until May 9th 4591; Clara stayed at mv house on Saturday’ Mav 2, iSgr, the only time she ever stayed witii me; I was over there on Saturday afternoon, May 2.1891; I first learned of Daisy being confined to her bed on the Sunday after Clarawas at my house; I was there again on Wednesday and Daisy was up in a chair; husband was a wav. John H. Vanatta-s-I live in Willshire, Ohio; knew Daisy for five years; she died on/theqthday of May, 1891, in Adams . county, Indiana; I found her dead in Ad- ’ ams. county; I found the body ot Daisy [Reynold* on the idth day of May, 1891, at Lige Holland’s house in Adams coun ty. Indiana. Matthias Shri>z—Live at Skeel’s cross roads; know Minser; run a grocerv and Jsaloon: he was at mv place on May 2, 1S91; a negro was with him; it was about six o’clock in the evening; I came in and the negro asked for hop tea; and took his hop tea with them; he came back that night after 11 o’clock and got something to drink; he;, went over northwest; Negro came from Coldwater to Macedon for him; gave me five dollars that he said he had got over at tha negroe’s house; wrote his address down so he said he stopped at Mr. Giers’, going down there on Fridav following; some one was with him ; from Macedon; he was a white man; Saturday afternoon he and Dr. Blizzard came along; . seen them when they came back; he said he doctored his wife; Holland’s wife; one horse red color; middle size; had top buggy. Elijah Holland—My name is Elijah Holland; in May 1891, I lived in Adams county; moved here on the first day of April, 1S91; Daisy Reynolds came to my house on the 20th day of April, 1891; and her dead body was taken away on the 10th day of May, 1S91; presented an order on postmaster at New Corydon for postal order; moved from Ohio City to Adams county; had bought a lot ot pulp wood; went over to work it up; I was not present when Daisy came; she, Daisy, went away on the. 27th dav of April and came back on the 29th of April; about part ot the time she was away; she was awav at different times a ha’l an hour and none at our hpuse was with her. Mrs Bubmyer—Live in Jefferson township; knew Holland and family; was thtftF house; was at the house on Sunday; seen Daisy there; the Sunday before she died; my husband was with me; seen Jose that dav; Jose Holland was sick; Daisy was sitting on chair; in afternoon went over to Pickerings; Daisy went along, went at it, came Hack at 4 o’clock; L>zzie, Daisy, Jose and I came back to Holland’s; seen Daisy and Clara on Saturday, May 2,1891; they were walking; had a conversation with Daisy on that day; had dress goods and currc’s, •.fopix'd a little while about 3 o’clock; it was on the Sunday before I seen Daisy «-• t ie road that I seen Da>sy; I learned of Daisy t-rfcing sick; I was not there until’after she .'ied; sh t cam* th u e on the Sunday b.t rc I was Hr re; seen

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colored man, he was not Holland; that was 1 week before Daisy came there; he was a small man, chubby and dressed in b'ack ; about 2 miles from our house to New Corydon.

Cross Examination—Known Holland since they moved; warm friends; know Minser when I see him; I and his wife have met; very warm friends; I was there two weeks before era week before she died on Sunday and was not there until -’ho di-’d on Saturday; I lived a mile from Macedon. ,'

Lige Holland—Daisy came to my house April 20, 1891; Know Upter grove; he had a conversation with Uptergrove; he was not there over ten minutes; I was working northeast; he came from southeast; he was a foot when he came to the house; it was on Wednesday or Thursday; before Daisy came; on 20th of April was chopping; got home after sun-down; found white woman, Daisy Reynolds, there; she remaind there until the 27th of April; she went away about 9 o’clock; some one came to the door and knocked ; he was a whiteman; she was sitting by stove; she got up and went out; she was outabout five minutes; she put on another dress; I seen her on 28th; went away on Monday; I heard a noise and got up and let her in; she stayed at my house until she died; I went to Winchester on Friday, May 1, 1891; my wife’s health was bad; she has a female disease; I went to Geveva to go to Winchester; known doctor seven or eightyears; he had waited upon my family; went to hire Tom James to work forme; went to Winchester on afternoon train; there two hours; from thv.re Union. City; there 15 or 20 minutes; fron hereto Greenville; got there late in even ing; remained all night; from there t< Coldwa'er: got there about 11; want t< Macedon to see Dr. Minser; got to Mifce don between two and three o’clock ;he wen with me in a buggy; went through St Anthony; was in saloon; doctor opened m abcess on a woman's thumb; went nortl from there; went through and stopped at a place called Skeel’s Crossroads; got a glass ol beer; got two bottles of hop tea; went across woods to my house; had to drive through fietds; got there about eigh' o’clock; found Daisy, Clara. and Jos< there; she, my wife, was sitting on chair: Daisy on bed; Clara was washing dishes: I went out west door; wife followed out; doctor was then in the house; called doctor out; Da’sy did not go out; wife, doctor and myself went out and stopped a' the corner of the house;, had no conversation in summer kitchen; doctori would like tor you to see her and it she ■wants or needs anything she wanted him to prescribe for it; he said he would see her when went in; I said I would have to take Clara over to Pickerings; I went in and told Clara that she would have to go over to Pickerings; gone about 25 minutes; came back home; found wife, doctor and Daisy; prescribing medicine for my wife; left no medicine for Daisy: he said he did not have the kind of medicine that she needed; but she would probably get along all right; doctor left about 11 o’clock; I took him to the Geneva pike; Daisy Reynolds was in bed on Sundav; worked in woods Monday and Tuesday; Daisy was in bed; no one set up with her: Wednesday; Thursday went to New Corydon; went after medicine for Daisy; gave her the medicine; my wife home taking medicine; I went early in morning; at house Thursday afternoon; Daisy was still in bed; Fridav morning went to work; stayed until noon; Daisv sick; went to Macedon after Dr. Minser; she directed me to get Minser, seen Minse’’, turned around and came back home; got home about sun-down; Minser came about S o’clock; I went down to the road to meet Menser; took lantern; I think the doctor came in buggy; some young man w ith him; left 9:30; on Saturday, May 9. 1891; was at New Corydon in afternoon: went after a doctor; I heard of the death of Daisy Reynolds when I got home; pretty late in the morning when I got home; Jose Holland is my wife; married in "Chillicotha, Ohio, about six years; first learned when Uptergrove; was to come on April 18, 1891; was at Geneva on Saturday to meet her; first seen her on April, 20th; found out was Dai-y, she came on 20th; and left again on Monday, 28th; a week alter she came; was to stay until he came after her; she was to come by the way of Geneva: was not acquainted with Daisy; bouse not exactly’ in the woods; not on a public road; wasn’t at Webstcrs or Burketts; wife was not bed sick; I did not think she was go ing to die; Jacob Schwartz’s boy drove me home from Coldwater; was in one saloon; doctor was in saloon with, me: we went west;. came in to St. Anthony from the south; we went in a buggy; unhitched horse down in the woods; left the buggv there and hitched horse so garden fence; was in house but a few minutes; Daisy sittin y at north of ptove; I went out wife followed; I called doctor out into the yard for another purpose; she was on the bed; mv wife wanted to know if he would have to examine her; we were out there about five minutes; the doctor went in first; wife next and then myself; then told Clara she would have to go over to Pickerings; went about, A cannot tell when; don’t know, I got lantern at Pickerings; took doctor out to pike; Geneve pike. . (State if it is not a fact that on the May 3, ’9l you had a conversation in field in front ofypur house in which he asked you who the man was who drove into your house on May 2, ’9l or the evening before May 3,’91 and you replie 1 that it was a man who wanted to see Pickering and you then said: Did you not see me go bv your house about 11 or 12 o’clock with a lantern, and he replied that he did not, and that you then said that the man found the way to the pike and he gave you fiftv cents to take him to the pike and you did so thinking you could not make 50 cents easier) objected to; over-ruled; state excepts; Dr. did not give Daisy any medicine; did not see him make any examination; when Came*from Pickering; Dr. was prescribing medicine tor mv wife; did not leave any medicine; his chair was just close Io bed when I came in; the Dr. stayed alter I came back about half hour; nothing said about what his bill would be; nothing paid him that night; Clara cam? back Sunday morning; she came back by herself; my wife took dose ot medicine; that night; seen her take medicine; left some kind of drops in gla-s; something in glass fruit can; said what he gave for; cough the other feu female disease was in the house but did not hear what was said about medicine; Daisy was laying on bed with clothes on; took Clara over because Pickering was away from home; Daisy went awav about 9; Clara had gone so b d; man came to east door; h-was a while man; >c bad on commbn cJot.he®; he a=ked If Mi-s Reynolds way there; I fold h-m sh ‘ wa-; Da’sy wen' out stand about 5 minuets; » cam-11 hp.uk,

DECATUR, ADAMS COUNTY, INDIANA, FRIDAY, AUGUST 28,1891.

put on dress and said she was going away; dont know what she had on when sh< went out and dont know kind she put on when she left; did not ask her where she was going; returned about 3 o’clock or 29th; got up and let her ih; no light burn ing; dont know whether she slept with clothes on or not; she had not got up when I left; I die} not know that Dais l was coming to our house until I saw hei there. I have been in jail since May 19 1891; am charged with the same charge; Minser has been in jail; all in same par: ot jail; we were all togeather; we have never talked about the case; talked about it some: went to New Corydon o. 'hursday; set up myself on Thursday and Fri day; had to raise her head up; dont re member about wife giving her medicine; Ralston was in the barn; I got some medicine; went back home; the first medicine she had taken; better Friday morning; worse again at noon; knew Ralston lived at New Corydon, but went to Macedon: he made an examination; did not see him make it took little girl out out of doors: put some blocks under her feet Thursday before I went to Corydon; no physician, knew that much without anyone telling me; Saturday morning -she was worse; said he would be back next day; I learned what he thought was the matter. Dr. Aspy—l am not a graduate; I have read medicine in Geneva; practiced there for the last fifteen years; the woman could have produced the abortion upon herself. Gilbert Woodruff—l live in Jefferson township, Adams county; know Holland; he got a horse from my premises some time in May; 23 miles to New Corydon; New Cori non 10 Holland’s 3J4 miles. Dr. I. B. Ward—Live at Geneva; havt radioed medicine seventeen-years; I an i graduate of the Indiana medical collegi >f Indianapolis: the could have producer he abortion upon herself. Dr. A. G. Holloway—l am a surgeor md physician and have been for the las' thirty-six years; she could produce ai abortion upon herself. Mrs. Holland—Dr. Minser came int< house and examined me, prescribed med' cine for me. he came at 7 or 8 o’clock, Jes about 10; we talked about an hour and : half, he examined me before Lige returner from taking Clara to Pickerings; docto’ left when Lige came, I had not been bed’ast; Daisy was rational when doctor cann --he knew him; doctor made no charge foi his visit; Daisy died about half honr before became; Lige came back from Pickerings where he took Clara, after doctor had left: I have been in jail since May 19, we havi talked some about the trial since it began; doctor said nothing to me about it; do noi know anything about testimony; do not know when Ciara Jay was on the stand, Daisy had my dress on when she died, pu it on Friday morning; had night-gown on before that. E. Woodruff—l live in Jefferson township; know were the colored folks lived; knew when white girl went to Holland’s; 20th of Ap.il; saw a colored man at houst bout the weeks befoie that;’he spoke t< me; was riding a bay horse; was about 5 f.et tall and colored; don’t know whether he lived, in Jefferson township; he wa going north towards the “darkey’s” house. Dr. Minser, the defendant—l lived in Macedon, Ohio, when arrested; was taker to Celina, from there to Enterprise, and brought to Decatur by the sheriff; I know Lige Holland and his family; had doctored h's family; Holland was in Macedon and wanted me to go to his house and see his wife; have practiced medicine seven years; graduated from a Cincinnati medical college; on way to Ho.land’s went Skeel’s Crossroads; from there went west to state line, then north a half mile, West a half mile, and north to Holland’s house: to get to house laid down fence and went through woods; got there after dark; took a thermometer, lance and syringe with me; had my medicine valise with me; we slop ped at Skeel’s, lanced the the woman’s finger there;' bought two bot'h.s ■ f hop tea and took them to Holland’s; conhn’s not drank; drank a glass of beer at Skeel’s; when I got to Hollrnd’s saw Mrs. Holland. Ciara Jay and a lady lying on bed; Mrs, Holland was sitting by stove; Clarawas w ashing dishe-; Holland went out doors and his wire followed; Mr.-. Holland called me and I went out; hud uot spoken to girl lying on bid betore I went out; was out about a minute, and 'hen returned; Mr. Holland spoke to me about Dai -y. Clara Jay was again put on the stand and testified to only one conversation out side the bouse before she was taken to Pickering’s. Dr. Minser—Holland and wife spoke to rne about Daisy’s condition; she said that Daisy said .some’hing pass' d from her on way from New Corydon; I asked if she was pregnant and they said they didn’t know; when I went into the house, I went to Daisy’s b<-d; asked if she watrying to be sick; she s.vd sue was not very bad; said she had female tr-übe; about that tithe Holland came in and took Clara away , I made an. examination of Daisy; I asked her if this was the same trouble she had at Willshire and she said it was; I told her to stay in bed for sever al days; I left no medicine for he>; in tend’d to leave her some fluid extract but the bottle in my case war empty ; I fold her that she had no h-morrahage at that, time and could drink all the cold water she want d; I thought she had had a mis carriage; 1 examined Mrs. Holland; her lungs, th.oaf, tongue, sounded her cne-t; she had a cough; I left two kinds ofmedi clue for Mrs. Hollan’; one kind to be taken internally and tae oth-r to be in jt cted; I was preparing the medicine when Lige came from Pickering’s; I left soon after wards; stoppi d at Ski el’s on way home; drank glass beer and ate a lunch; went directly home from then ; Lige came after me again on Friday; he c ime in 11 buegy; 1 started after H -lrand left Macedon; 1 went to Holla-id’s to see Daisy; a young man named Isaac Fought went with me; Isaac fed the horse in dish-pan and I went into the house; I examined Daisy; she slid she h d wasted;! I told her she was a very sick woman; 1 yvanted to send lor her folks; she said no that would do no good; the examination proved that her tempt rature was 104°; her fyowels w ere sw >llen; I stayed till ten o’clock; I asked to bring D . Blizzard with me next morning; had no instruments along with me and used nene on Daisy; stopped at St. Anthony otil way home; got glass beer and ate bJmch; Dr. Blizzard and I arrived at Holland’s the next day at about four o’clncW and found Daisy dead; Blizzard and I laid body on a door used for the cooling hoard; ieft at 4 p tn; have been married twa years and ha' e one child; I practiced medicine in’Carthagenia 4 months, removed} from there to Burkettsville, and begay treating II 'llard’s family while ’ivr ■; havel since pr'cHeed at Macedon) I -nrvr.r owned t>n i 'fro" e> t filled a cun.lt •, I sav w.c at Glue m.-utti. ' , ,■

; Mrs Champer, recalled—l helped to lay Daisy out. i Dr. Menser, cross examination—Hol- ? ’and and I drank some beer before wi started to Holland’s house; also drank al Skeel’s an at St. Anthony; arrived at Hol1 land’s about 8p m; Dr. Blizzard and I did 1 not examine the clothing when I went back and found Daisy I have seen Revs 1 Kohn and Carr, of Willshire; saw them near Macedon; told them May 18th that 1 ; only made two visits to see Daisv and that I never saw her before the Friday I - called to see her, that I believed the girl I had inflamation of the bowels and nothing more; I heard of the arrest of Hollands and Pickerings when I was in Willshire on May 23rd; was on way to visit at home ; of my parents; returned on 27th to Macedon; I was in Dark county jail for a short time; been in jail here since June io’h;. ; Holland was in jail when I was put in; I we conversed together about the case; I told the prisinors what was sworn to in 1 my preliminary trial; did not know what Holland and wife would swear to. J. G. Burk—l took the lady over to Holland’s; she weighed 135 or 140 pounds; don’t know whether her bowels were swollen; wore black hat and tight fitting dress; had no wrap on. Cross examined—She wore a black ■ cape Clara Jay—l was at Holland’s on Monday, April 27; went to bed at nine o'clock ; no man came that night; Daisy did not go out of the house; I would know Daisy’s clothing; that is Daisy’s hat (black straw hat shown in court) she wore that to Holland’s; had two pairs of light fine '>oes anu ihiee dresses; ha<i no caiicc tresses and no other hat; I was at Ho'* ■T’d’s April 28; Daisy was there; I di not hear a noi-e at night; Daisy was at Holland’s April 28; no person besides the atmly wa* at Holland’s April 28; on 27U lose and I washed; Daisy was out o louse a while in forenoon and afternoon: Lige was at home Tuesday April ?8; i vas at Mrs. Dellinger’s in Willshire yes erday; Mrs. Dellinger did not say an» thing about the hat to me; I have bee' having at the jail since the trial excep ast night; was at Willshire. Mrs. Dellinger—l am the mother of Daisy; she never owned a dark Durban hat, no dark dress, no course shoes nor plaid shawl; that is the only hat [hat shown] returned to me, and the only one Daisy had; that is the shawl she wore away [white shoulder-cape produced] that was returned tome: do not know Samuel Vining nor his wife; Daisy never owned a large figured dress. Rev. Carr—l live at Willshire; am a clergeman of the Methodist church; knew of Daisy Reynold’s death; saw Dr. Minser near Macedon, near a bridge, May Bth; was with Dr. Shafncr at Holland’s; Mrs. Holland said Daisy was as well as usual when she came from New Corydon; Dr. Minser told me that he had not made a thorough examination of Daisy to find what was the matter with her. Cross Ex—Dr. Schafner and Rev. Kohn and John Vanatta were with me at Holland’s, they were also with me when I saw Minser; Dr. Shafner asked the questions; I went to Holland’s to find out if any vile thing had caused her death. Sheriff McConnell—l am acquainted with Dr. Minser; I received him at the Mercer county jail and brought him to Decatur; the doctor told me on the train between Celina and Ohio City, “I do not know what in the devil they want with me, for I was at Holland’s only twice—May Bth and 9th;” I sent my deputy into Ohio once for witnesses; I said that John France and Dick Erwin could not run the jail, I was running that; I was not questioning the doctor between Ohio City and Decatur. At 5: 30 Wednesday evening all the evidence was in and Judge Heller gave the council for each side thyee hours to argue their case, which was commenced at 9 o’clock Thursday morning. At about 4 o’clock the judge delivered his charge to the jury, which was as follows: JUDGE HELLER’S CHARGE TO THE JURY. Gentlemen of the jury—You have been selected, impaneled and svzorn to try the issues joined in the case of “The state of Indiana, plantilf, against Cassius Menser, defendant.” You have, with much patience and careful attention, listened to all the evidence in this cause and to the argument of council on both sides as well. It is now my duty to giye you such instructions, as will in my judgment, assist you in arriving at a correct dicision. I deem it proper to remind you that the case you are called upon to dicide, is to the defendant of so grave a nature, and to the public of such vital importance, that upon your part th eye should be no error. The defendant, if he be innocent, should not be erroneously convicted, and <?n the contrary, if he is guilty, he ought not to be erroneously acquitted. You were, after careful effort, selected as intellegent and quallificd jurors, sworn to impartially try and determin this cause arid a true verdict render according to the law and the evidence. If you comply with your oaths, error against either side must be precluded. Remember that the defendants liberty is one of his most sacred and highest rights, and can only be forfeited by him for the causes, upon the conditions and in the manner prescribed by law. In considering his rights do not forget that by each acquital of a guilty person, the safeguard erected by society for its protection is weakened: for by the non-performance of penalties affixed to criminal acts, contempt for the law is bred among tne very class that it is intended to restrain. This prosecution is on information filed by the prosecuting attorney. The information is in two counts and is in words and figures as follows.—Here the Court read the affiidavit. The statutes on which, this prosecution is based is as follows, to-wit: Whoever prescribes or administers to any pregnant woman, or to any woman whom he supposes to be prgnant, any drug, medicine or substance whatever, with intent thereby to procure the miscarriage of such woman, or with like intent, uses any Instrument, or means whatever, unless such miscarriage is necessary to preserve her life, shall, if the woman miscarries or dies in consequence thereof, ' be fined not more than five hundred 1 i dollars nor less than fifty dollars, and ■ confinement In the state’s prison not ; ..more than for.rt ien years, nor fess Hum throe years.

' To the information in this case, the defendant has pleaded not guiltv. This plea casts upon the state tlie burden of proving all the material averments of at least one count of information to your satisfaction and beyond a reasonable doubt before there can be a conviviction. Every circumstance material in this . case must be proved beyond a reasonable doubt, or it is your duty to discard such circumstance in making up your verdict. The question of reasonable doubt goes to every material allegation of the count, of the information relied on by ’ state, and if there is aresonabledoubt as to any one of those allegations the defendant should be acquitted. If after hearing all the evidenc in the cause, there remains in your mind a rational doubt of the guilt of the defendant, you should find for the defendant. The defendant is presumed to b innocent until his guilt is establishes by such evidence as will t exclude every reasonable doubt, therefore the law requires that no man shall be convicted of a crime until each and .every one of the jury is satisfied by the evidence in the case to the exclusion of every reasonable doubt that the defendant is guilty as charged. So in this case, if you entertain' reasonable dqubt of the defendant’s guilt, you should aquit him, or if any one of you, after having duly considered all the evidence, and after consulted with your fellow-jurymen, should entertain such reasonable loubt, you cannot in such case find the defendant guilty. A reasonable doubt is not excluded from the mind of a juror, unless he is =io convinced by the evidence of the defendant’s guilt that he would act on that conviction in matters of the highest concern and import to his own interest, and his conviction from the evidence as to the truth of defendant’s guilt, must be such that a prudent man would feel safe to act upon it under any circumstances when there was no compulsion resting upon him to act at all. This reasonable doubt may arise upon the issues as to whether the state has made out her case or not, or it may arise after a due consideration of all its evidence in the cause. The defendant in this case enters upon the trial clothed with the presumption of innocence, and it is the duty of the jury, if it can be consistently done, to reconcile the evidence in this cause upon the theory that the defendant is innocent. The defendant in this case is persumed to be innocent until his guilt is established by the evidence in the case, to your satisfaction, beyond a reasonable doubt. Eyery material allegation of the information, or of one count of the information must be proven by the state beyond a reasonable doubt. In a criminal cause tried by a jury, the law contemplates a concurance of twelve minds in the conclusion of guilt before a conviction can be had, and if in this cause, any one of the jury, after having considered all the evidence, and after having councelled with his fellow juryman, entertains a reasonable doubt of the defendants guilt, the jury cannot find the defendant guilty and must acquit him. Each juror should feel the responsibilities resting upon him as a member of the jury, and should realize that his own mind shall be convinced of the defendants guilt beyond a reasonable doubt. b°fore he consents to a /verdict of guilty. To authorize you"to find the defendant guilty as charged in either count of the information in this case, the material facts must be suceptable of explanation upon no reasonable hypothesis consistant with his innocence, in other words, if 4;he facts proven against the defendant in this case can be reasonably explained, and that explanation is consistant with the innocence of the defendant, you must acquit him. Circumstantial evidence, to be sufficient, must be of a conclusive tendancy; that is its tendancy must not only be to convince the minds of the jury of the guilt of the defendant, but to exclude every supposition inconsistant with his guilt. The true test by which to determine the value of circumstantial evidence in respect to its‘sufficiency to warrant a conviction in a criminal case, is, not whether the proof establishes circumstances which are consistant, or which coincide with the hypothesis of the guilt of the accused, but, whother the circumstances, satisfactorily established, are of so conclusive a character, and point so surely .and unerringly to the guilt of the accused as to exclude every reasonable hopothesis of his innocence. The force of circumstrantial evidence being,exclusive in its character, the mere coincidence of a given number of circumstances vHth the hypothesis of guilt, or that they would account for or concui’ with, or render probable the guilt of the accused is not a reliable test, unless the circumstances rise to such a degree of cogency and force as in the order of natural causes and effects to exclude to a moral certainty, every other hypothesis except the single one of guilt. Where the evidence iu a criminal case is oiwjumstantial, it must not only coincide with the hypothesis of guilt, but it must be inconsistent with every other rational conclusion. If any one fact necessary to the conclusion of guilt is wholly inconsistent with the hypothesis of the guilt of tho accused, it breaks the chain of evidrnce upon which the inference depends, and however plausible or apparently conclusive the other circqmstancos may be the charge must fall. Where circumstances are of a doubtful character, or doubtful in their bearings, you are to give the defendant the benefit of the doubt, if, how«* ever, all the facts and circumstances established necessarily lead the mind to the conclusion that he is guilty, though there be a bare possibility that he is innocent, you should find him guilty because-there may be a bare possibility of .innocence in nearly all cases. If after a compirtann and ca-rlw ro'ivlctb’n rff >4l »h»' « v«d nee i;> lh • eajt* you K »ve a d >u\t of ti e rkt.mdiv t'n guJt, ft wi t ph«lM le yo. duty to c’e'eun w

1 sufficient in law to acquit the and if after applying the law as von determine it (the law) to be, von find that the doubt is not a reasonable one then it Will not be cufficient in law to acquit the defendant. A doubt to justify an acqittal mustbe a reasonable one, and it must arise from a eareful and candid investigation of all the evidence in the case, and, unless the doubt is a reasonable one and does so arise it will not be sufficient in law to authorize a verdict of not guilty. If afteF"a careful and impartial consideration of all the evidence in the case von can say and feel that you have an abiding conviction of the defendant’s guilt and are fully satisfied of the truth of the charge then you are satisfied beyond a reasonable doubt. The rule of law touching reasonable doubts is a practical rule tor the guidance of practical men when engaged in the solemn duty of assisting in the administration of justice. It is not. therefore, a rule about which there is anything whimsical or chimerical. It is not a mere posibility of error or mistaka that constitutes such reasonable doubt. Dispite every precaution that may be taken to prevent it, there may be, in ail matters perthjning to human affairs, a mere possibility of error If then, you are so convinced by the evievidence, cf whatever elass it may be, and, considering all the facts and circumstanoes in evidence as a whole of the guilt of the defendant, that as prudent men you would feel safe to act when such conviction in matters of the highest concern and importance to your own just Weight, you are to determine for yourselves from all the evidence in the case whether or not the defendant is guilty as charged, yielding the benefit of a reasonable doubt if any such doubt arrises from the evidence. The rule of law which throws around the defendent the presumpt on of innocence a«d requires the state to establish, beyond a reasonable doubt every materia! fact averred in the information is not intended to shield those who ate actually guilty of crime from just and merited punishment; but is a humane provision of :he law whiuh is intended for the protection of the innocent and to guard as far as human agencies can against, the convic tion ot those unjustly accused of crime. Evidence is to remove a reasonable doubt when it is sufficient to con 4 vtnee the judgment of ordinarily prudent men of the truth of a proposition with such force that they would act upon that conviction Without hesitating in their own most important affairs. In determining what facts have 'been provan in this cause you should carefully consider all the evidence given before you together with all the circumstances of the transaction in ques ion detailed by the witnesses dining the trial, you may find any fact to be proved which may be rightfully and rationally inferred from the evidence given in the case. You had the opportunity to look into the faces of the witnesses and to observe their countenances while on the witness stand, It is your provcnce to take into account the conduct and demeanor of the witnesses while so testifying, Their opportunity to know the nutters about which they testify, their memory, their intellengence, their integrity or dishonesty, their indifference or bias in relation to the case, are all elements to be considered in Weighing their testimony. The opinion of medical experts are to be considered bv you in connection with all the o'her evidence in the case; but you are uot bound to act upon them to the exclusion of all the oilier evidence, Taking into con-ideratioa these opinions and giv ieg them just weight, you are to determine for vcunches from ail the < vtdence in the case whether or not the defendant is guilty as changed, yieldmg the benefit of area sonable doubt if any such doubt arises from the evidence. You are the exclusive judges of the law of the evidence and of the credibility of the witnesses. The defendant in this case has testified as a witness in his own behalf. In deteamining the we'ght you will give to his testimon*, you may take into consideration the interest he has in the result of the suit. If you find the defendant guilty as charged in the information you will fix his punishment at a fine in any sum not exceeding SSOO nor less than SSO to which you will add imprisonment in the state p. ison for any period of time not exceeding fourteen yea s and not less than three years. The argumant for the state and for the defence and the instructions ot the court are intended to aid and assist and advise you in arriving at a correct and fair decision of this case. Yet, you are to determine what the law of this case is and what the evidence in this case proves. Monroe Items. For sa’e, in Whistle’s addition to Mon roe. lot No. 90. Et quire of V. B. Simci ke, agent. Thousands of bushels of wheat, oatsand n e a r e bought now at Monroe and the h’ghest cash price paid. Martied at the residence ot V. B. Shn coke, at Monroe, Ind., Mr Jo-eph Hud son to Miss Martha L e nee Hudson, o’ Decatur, August 15, 1891. V. B. Simcoke officiating. Married by V. B. Simcoke at the residence of the bride's pan nts, August iS 1891, Mr. Henry E. Urick to Miss Rebecca Brandyberry, daughter of Mr. and Mrs. Alexander Brandyberry, Sen., all of Monroe. „ Married by V B. Sitncoke, at the residence of the bride’s parents, near Monroe, Mr. Harye Ruckman so Mi s Hattie Irene Wagoner, youngest daughter of Mr. and Mrs. James Wagoner, on Sunday, August 16, 1891. A large crowd of relatives and triends were p e-ent and enjoyed a sumptuous dinner and a good time. V. B. Simcoke sol I last week two large fruit evaporators to Peter F. Mo-er and Jacob Williman, of French township, capacity of the evaporators ars 25 to 30 bm-hels of apples per dav each. He also sold Jacob Crist, John Haggard, John Neusbaum, and Jacob Musser the cook stwe dryer, and each purchaser is perfectly satisfied that they are the thing to dry fruit, corn, beans, etc. Henry Krick, ex sheriff, of Adams coun- > ty, attended the Farmers’ Institute held at 1 Monroe last Saturday. While we were I exhibiting our wares such as apple parers,' and truit evrporators, Henry became so! infatuated with our apple pater, corer and slicer that he purchased' one at the regular price, $2.00, and then in the excitement forgot to take it home with him. After arriving at home he thought of his pu•c.'ia-e, and n'»’ifiol us for God’s sake to t 'li the people that h* only paid seventyih- .e u for it. Henry 'appreciate. g-vd thing when he scealt.

NUMBER 23.

’ Berne Items. t Levi Moser is nursing a sprained wrist, t Ilarrry Miesse, of Decatur, was here j this week on business. t P. L. Carter spent last Sabbath in the country with his family. , About -0 or 40 of our citizens went to 1 Rome City last Thursday. 1 Abe Sprunger is having his residence . on Water street remodled. Nick Rich is clerking at Allison, Morrow & Co’s, dry goods store. : M. Harshbarger and Job Smith went to Decatur last Wednesday on business. j H. S. Michaud went to Camden, Jay county, last Tuesday on a business trip. Our citizens are beginning to lay in their coal and wood for the coming winter. . J. B. Atz’s new block is under conrtruc- ' tion and the brick will be laid in a short I time. Trade at this place is on the increase, t which is due to the excellent crops raised this year. Three new residences are under construction in the late Lehman addition, on ' the west side. Quite a number of our citizens con’em- * 1 plate attending the F. M. B. A. picnic at Linn Grove, to-morrow. A large force of carpenters are at work on the new block this week, and the same is fast nearing completion. Over fifty car loads of Wheat and rye has been shipped from this place the past month by our grain dealers. Theodore, Amos and Mason King, fhree brothers, were the guests-of their uncle, J. F. Lachot, over last Sabbath, Quite a number of our teachers and graduates from this place are attending • the institute at Decatur this week. Preaching at Trinity Hall on last Sabbath evening was well attended considering the inclemency of the weather. 1 Dan Sprunger, who has been on the sick list the past month, we are glad to mention, is again able to attend to business. J. A. Sprunger has had his residence remodeled and an addition built to the same which makes quite an improvement. Tony Michaud has resigned his position at the Butter Tub factory and accepted a position at the Hoop Manufacturing Co. Water mellons are plenty at this place this season, and they are in good demand. Quite an enormous amount has been handled at this place this summer. A. Marker is at present working for J. P. Sprunger in the shoe shop. He will open up a shop upstairs over the furniture store in Welty’s block in the near future H. S. Michaud has on exhibition a fine variety of home grown fruit, pears peaches, apples and grapes. They are very fine, and are samples of fruit he has for sale. The Menonite church convention will convene about October Ist, and lasts one week. Quite a number of people from abroad are expected to be present on the occasion. Any person in need of carpet weaving can get the same done with neatness and durability by having the same done by Miss Sophia Lugbi’l, who is now making her home with Peter Soidner, of this place. Our school trustees met in regular session on last Tuesday evening, and concluded to begin the winter term of school on Monday, Sept. 14th, our term of school will be not less than seven months. Prof. N. C. Hirschey, principal, and Lila G. Schrock, assistant Linn Grove Items. Miss Anna Goudy, of Chicago, is v'siting the Reynolds’ tamil’es. Peter and Oral Hoffman were at Bluffton last Friday on business. Flavius Shepherd and Sister, Anna, are attending the fair and visiting friends at Greenville, Ohio. The brick laying on our school house i« about completed and the roof support is now being put on. Frederick Neaderhouser is building a cellar under his dwelling house, when <■ Tippe will have no more occassion to tall in the well. Thomas McNulty, the old standby of- I the mortar bed for Meyers & Bollinger, had to quit work and return home being indesposed. • » ; Leyi Hanes and George Lindsey, of Niantic, 111., are visiting here. Mr. L. was recently bereft of his companion who was a daughter of Mr. Hanes. Prot. A. W. Merryman and "his singing 1 class here and a talented force from Bluffton gave a concert at the Baptist church V’ at this I?bee, on last Wednesday evening to a toil house, and was a success in every pai titular. Silas Kizer brought us a specimen of some peaches of his own raising, will rival J c lmpttition in quality and s ; ze. Weused seven and one-half inches of tape to belt one ot them. Any one having a sensation about them that thev can beat this, ( < bring them along as peaches are palatable J to us. In cleafing the top of our desk of newspapers on Monday morning we found a -J« copy of the New York WorkJ*. dated April 15, 1563, slving the aisassintition • ai d death of President Lincoln, the copy 4 j has the appearance of just coming trom ■■J the press, and Row it got there we cannot fully explain. We are under obligations to Win. M. ' ''cj Reed for a copy ot the Morris Indc/end' , ent, a paper that the patrons can feel proud ■ hereof, we perused the papar irons . our old friend thoroughly looking for an 7 “>d" for a lemonade shaker or a hair cutti' g machine but found none. However, we are elated that Mr. Reed so kindly remembered us. As the reports on the yield o' wheat rai-ed in Adams county have been meaagre H we submit the following: Abram Mesch-lie>-ger threshed on P. Hoffmann’s idace, 1 thirty bushels to the acre; Silas Klxbr re- [’ ports 31JL bushels, while Samuel Mower- y -j j cr, of Wabash township claims 40 bushels j per acre. Mr. Mowerer takes the laurel ■ , unless some other farmer can tee him and - I go a few belter. I An oil well has been sank on tho line of ■'.-J 1 Adams and Jay counties, five mile* south<Ma west of here, and was shot on Monday morning producing a flow of oil, the full , capacity of a'four inch 1 ipe, the ground xl around being covered wl h oil. ankle deep, before capping was possible, when this was done, and the 1 ump war put in - J operation, they found the production to be twelve barrels in ten minuter, bv hav’ng > x off the cap we would litmll/have’

Berne Items.