Muncie Post-Democrat, Muncie, Delaware County, 13 August 1925 — Page 4

PAGE 4

THE POST-DEMOCRAT.

THURSDAY, AUGUST 13,1925.

Affidavits of Attorneys

(Continued From Page Three.) following day and testify in said cause and never did testify in said cause., CLARENCE E. BENADUM. Subscribed and sworn to before me this 28th day of July, 1925. C. R. TEMPLER, Notary Public. My commission expires February 3,1927.

LOSEY AND STONE. State of Indiana, Delaware County, ss.: In the Delaware Circuit Court, April Term, 1925. State of Indiana vs. Court Asher. No. 7670. Affidavit in Support of .Motion for New Trial. Fred Stone, and Carl Losey, each being duly sworn, each separately and severally says, that he is a resident of the city of Indianapolis, and was such resident on the 30th day of June, 1925, and thereafter and still is. That on the 30th day of June, 1923, each of these affiants were in Columbus, Ohio, at the National Headquarters of the Ku Klux Klan; that on the morning of said 30th day of June, 1923, they met the defendant, Court Asher, in Columbus, Ohio, at the National Headquarters of said Klan, and that they met the said Asher and knew he was at Columbus, Ohio, all day on Saturday, the 30th day of June, 1923. and was in Columbus on the first day of July, 1923. That each of these affiant^ were subpoenaed in the case of the State of Indiana vs. Court Asher, Number 7670, in the Delaware Circuit Court to attend as witnesses on behalf of the defendant on t the 30th day of June, 1925, and until they were used as witnesses. That each, if they had taken the witness stand, would have sworn that said Asher was in the city of Columbus, Ohio, all day on June 30th, 1923, but did not get to testify on that day and returned to their homes in the city of Indianapolis on the evening of said day. That in the afternoon of June 30th, 1925, Clarence E. Benadum informed each of these affiants that the prosecuting attorney had sent them word through him that if they testified that said Asher, the defendant, wys in Columbus, Ohio, on the 30th day of June, 1923, that he would have them arrested for perjury and put in jail before they could leave town. That they believed that if they testified said prosecuting attorney would carry out his threats and have them arrested on the charge of perjury, and so believing, they returned to the city of Indianapolis and refused to return to the city of Muncie on the following day and testify in said case for fear that they would be arrested on the charge of perjury and put in jail, and they being strangers in the city of Muncie would have trouble in giving bond and such a charge against them would likely cause them to lose their employment and put them to great trouble and expense. And so believing they failed to return to the city of Muncie and testify on behalf of the defendant on account of the threat of said prosecuting attorney. That on the 6th of July, 1925, they each met the defendant in the city of Indianapolis and informed him of the reasons set out in this affidavit why they did not attend on the second day of the trial and testify in his behalf. That the facts are that it would not have been perjury had they so testified to the defendant being in the city of Columbus, but that would not have prevented the prosecuting attorney from putting them to the trouble aforesaid, that he threatened to put them to. That they are not interested in the result of this case and are no wise related to the defendant, Asher, and make this affidavit as a matter of justice to him. CARL LOSEY, FRED STONE. Subscribed and sworn to before me this 2d day of July, 1925. RALPH E. JOHNSON, Notary Public. My commission expires

THOMAS Y. MILLER. State of Indiana, Delaware County, ss.: In the Delaware Circuit Court, April Term, 1925. State of Indiana vs. Court Asher. No. 7670. Affidavit in Support of. Motion for New Trial. Thomas V. Miller, being duly sworn upon oath says that, I am a practicing attorney at the Delaware County Bar; that on the morning of the 2nd day of July, 1925,1 was present in the Court Library in the court house, Muncie, Indiana, when jurors Danner and Hoppes, who were jurors in the above entitled case, and who were still supposed to be considering the same for decision, came into the court library alone without the hearing and presence of the bailiff and talked to

this affiant; and that they had me look up a law question for them. That this affiant went out into the court room and there saw the Clerk of the court, John Mansfield, and several other persons who were not jurors in said case, and that he also saw other jurors in said case mingling with the people in the court room and talking to them. This was after the jurors had returned to the court room after having had their breakfast. THOS. V. MILLER. Subscribed and sworn to before me this 24th day of July, 1925. JOHN T. WALTERHOUSE, Notary Public. My commission expires January 13,1927.

CITY ADVERTISEMENT.

Department of Public Works. Office of the Board 212 Wysor Block Muncie, Indiana.

NOTICE OF IMPROVEMENT RESOLUTION.

NOTICE TO PROPERTY OWNERS. In the matter of Certain Proposed Public Improvements in the City of Muncie, State of Indiana.

Notice is hereby given by the Board of Public Works of the City of Muncie, Indiana, that it is desired and deemed necessary to make the following described public improvements for the City of Muncie, Indiana, as authorized by the following numbered improvement resolutions, adopted by said Board, on the 11th day of August, 1925, to-wit: I. R. No. 103-1925, Main street Relief Storm Sewer; said sewer to start in manhole at Broadway running thence west in the sidewalk line of Washington street, 200 feet; thence south in Beacon street to the north gutter line of Main street; thence east in north side of Main street 153 feet, more particularly described as follows: Commencing at a point in the center line of Ebright street 125 feet north of the north line of Washington

street, as laid out and platted in the

City of Muncie, Indiana; running | and the gross amount to be paid for

due and payable December 31, 1925, dated August 27, 1925, each in the denomination of $1,000.00, six per cent (6%) interest per annum, payable at the Delaware County Bank, Muncie, Indiana, numbered from 9-A

to 16-A inclusive.

Said notes and the sale thereof were authorized by an ordinance of the Common Council of said city, legally passed on the 10th day of June, 1925, and approved by the Mayor and are issued and sold for the purpose of procuring money for the Park Funds of said city, as a temporary loan in anticipation of the current park revenue of said city, levied in the year 1924, to be collected and in the course of collection in the year 1925, for the Park Funds of said city, for the purpose of providing funds for the operation of said parks for the remainder of the year 1925, as covered by specific appropriations as et out in the general appropriation ordinance of 1925. Said notes shall be sold to the highest bidder, for cash, for not less than par and accrued interest. Each bid shall be sealed and endorsed “BIDS FOR CITY PARK'S PROMISSORY NOTES—1925,” and accompanied by a certified check, Cashier's check, New York Draft, or cash in the sum of One Hundred dollars, as a guarantee that the bidder will promptly complete the purchase of said notes. Bids will be received, on part or all of said notes and must specify the number of notes bid for

D. R. No. 104-1925, For widening, Board will, at its office receive and opening and extending the Muncie hear remonstrances against the and Granville Turnpike, commonly amounts assessed against their propknown as Granville avenue, from erty respectively on said roll, and Highland avenue to 517 feet north of will determine the question as to the point of intersection of the middle whether such lots or tracts of land line of the Muncie and Granville have been or will be benefitted by Turnpike with the middle line of the such improvement in the amounts State Road. named on said roll, or in a greater or All work done in the making of less sum than that named on said roll said described vacation shall be in ac- or in any sum, at which time and cordance with the terms and condi- place all owners of such real estate tions of the declaratory resolution, as may attend, in person or by reprenumbered, adopted by the Board of sentative, and be heard at 7:30 o’clock

thence east parallel to and a distance of 125 feet from the north line of Washington street to the center line of Wolf street as laid out in the city of Muncie; thence south on the middle line of Wolf to a point 130 feet south of the south line of Washington street; thence west parallel and a distance of 130 feet from the north line of Washington street to the east line of last property at the northeast corner of Main street and Ohio avenue, thence south on said east line to the north line of Main street; thence west to the middle line of Ohio avenue; thence southeasterly on the said center line to the north line of Jackson street; thence west on the north line of Jackson street to the west line of Block No. 23 in Thomas Kirby’s Fourth Addition to Muncie, Indiana; thence north on said

same. The right is reserved to reject any and all bids. Witness the hand of said Controller this 12th day of August, 1925. CALVIN FARIS, City Controller. Advertised Aug. 13-20-1925.

CITY ADVERTISEMENT.

Department of Public Works. Office of the Board 212 Wysor Block Muncie, Indiana.

NOTICE OF DECLARATORY RESOLUTION.

NOTICE TO PROPERTY OWNERS: Notice is hereby given by the Board of Public Works of the City of Mun-

west line to Main street; thence west cie, Indiana, that it is desired and Main street to center of Ebright i deemed necessary to make the follow. street; thence north in Ebright ing described vacation for the

Public Works on the above named date, and the drawings, plans, profiles and specifications which are on file and may be seen in the office of said Board of Public Works of the City of Muncie, Indiana. The Board of Public Works has fixed the 1st day of September, 1925, as a date on which remonstrances may be filed or heard by persons interested in, or affected by said described vacations and on said date at 7:30 o’clock P. M., said Board of Public Works will meet at its office in said City for the purpose of hearing and considering any remonstrances which may have been filed, or which may have been presented; said Board fixes said date for the modification, confirmation, rescinding or postponement of action on said remonstrances, and on said date will hear all persons interested or whose property is affected by said proposed vacations, and will decide whether the benefits that will accrue to the property abutting and adjacent to the proposed vacations and to the said City will be equal to or exceed the estimated cost of the proposed vacation, as estimated by the City Civil Engineer. BOARD OF PUBLIC WORKS, By Mary E. Anderson, Clerk. Advertised Aug. 13-20-1925.

P. M.

BOARD OF PUBLIC WORKS, Mary E. Anderson, Clerk. Advertised Aug. 13-20-1925.

JURY RETURNS A

CITY ADVERTISEMENT.

Department of Public Works. Office of the Board 212 Wysor Block Muncie, Indiana.

TO WHOM IS MAY CONCERN: Notice is hereby given that the assessment rolls, with the names of the owners and description of property subject to be assessed, with the amounts of prima facie assessments, have been made and are now on file and can be seen at the office of the Board, for the following improve-

ments, to-wit:

I. R. No. 1265-1925, For cement curb and gutter on South Jefferson street, from 14th street to 18th street. I. R. No. 1266-1925, For paving of South Jefferson street, from 14th street to 18th street. I. R. No. 1230-1925, For paving alley between Jackson street and Adams street, from Council street to

Gharkey street.

I. R. No. 1270-1925, For cement curb and gutter on Dill street, from Jackson street to Riverside Avenue. I. R. No. 1274-1925, For paving alley between lots 34 and 35, in Thomas Kirby’s Sixth Addition from Hoyt

Avenue to first alley east.

I. R. No. 1275-1925, For paving the

alley between 8th and 9th

Winchester, Ind., Aug. 12.—Jay Semans, manager of Millis Lake; A. G. Burns, John Tulles and Herbert Pegg, who were arrested at Mills Lake Sunday night by Sheriff Ulysses G. Daly and Deputy Lee Briner on a charge of operating a dance hall on Sunday, were tried Tuesday before Mayor O. E. Ross and a jury. Sheriff Daly and Deputies Lee Briner and Charles Puckett were the only witnesses called to testify. The trial was concluded before noon when the jury returned a verdict of not guilty.

KILLED IN BLAST

T

Richmond, Ind., Aug. 12.—One man is dead and another man and a young woman were injured Tuesday, when an explosion of unknown origin wreckd a gasoline filling station at the intersection of South Sixth and Fort Wayne avenue. The dead is Elmer Hawkins, prominent lodge man and musician, who was burned about the head and body and died four hours later. The injured: Moody Lamb, filling station attendant, burned serious-^ ly; Miss Viola Ecklar, bookkeeper at the station, cut by glass.

DR. W. W. PARSONS IS SERIOUSLY ILL

from

Terre Haute, Ind., Aug. 12.—Dr. William W. Parsons, 75, president emeritut of the Indiana State Normal State Normal School, is seriously ill at his home here. His physician said that he showed improvement during

streets the day, but that his condition was

state. He is First National

No Secrets Kept from the Public

west line of right-of-way of!critical. The hot weather is blamed Central Indiana Railway to first alley ’ for Dr. Parsons illness. Dr. Parsons.

All work done in the making of resolution, adopted by said Board on I And notice is hereby given that on viceTresicknt^ 8 ^ 1 C said described public improvement the 11th day of August, 1925, to-wit: the 1st day of September 1925 the bank shall be in accordance with the terms ■ ' ’

and conditions of the improvement! resolution, as numbered, adopted by j the Board of Public Works on the ] above named date, and the drawings, | plans, profiles and specifications j which are on file and may be seen in i the office of said Board of Public j Works of the City of Muncie, Indiana. \ The Board of Public Works has fixed the 8th day of September, 1925, as a date upon which remonstrances may be filed or heard by persons interested in, or affected by said described public improvements, and on said date at 7:30 o’clock P. M., said Board of Public Works will meet at its office in said City for the purpose of hearing and considering any remonstrances which may have been presented ; said Board fixes said date as a date for the modification, confirmation, rescinding or postponement of action on said remonstrances and on said date will hear all persons interested or whose property is affected by said proposed improvements, and will decide whether the benefits that will accrue to the property abutting and adjacent to the proposed improvements, as estimated by the City

Civil Engineer.

BOARD OF PUBLIC WORKS, By Mary E. Anderson, Clerk. Advertised Aug. 13-20-1925.

NOTICE OF SALE OF PROMISSORY NOTES OF THE CITY OF MUNCIE, INDIANA.

Notice is hereby given that bids will be received at the office of the City Controller, 220 Wysor Block, Muncie, Indiana, until 2:00 o’clock P. M., on Tuesday, September 1st, 1925, for the purchase of eight promissory notes of said city, said notes being

T&ero fere no closed doors on the

Chesapeake and Ohio. Any person naa# ha 70 an interview with any officer or other representative of the Chesapeake and Ohio on any topic. All indivldoals are assured of a courteous hearing and a careful consideration ef what he or she may have to say. Of

course, it is impossible to grant every request that is made, but the rule of the Chesapeake and Ohio is either to do what the patron desires or to give satisfactory Masosa why it cannot be

tone.

The Chesapeake and Ohio takes the people into its confidence by publishing in the newspapers in its territory monthly statements about the road in particular and transportation In general. Other publicity matter relating to these topics is

distributed widely.

©§©

SYSTEM

Our officers and employes <fo wot wait for people to come with criticism. They endeavor to go to the people, form acquaintances, make friendships and keep in touch with affair!

in the railroad’s territory.

It is the aim of the Chesapeake and Ohio to render Courteous, Safe, and

Efficient Service. Believing that the road’s employes are equipped to produce this kind of service, the management encourages them to broaden their acquaintances and to merit friendship by the quality of their service. Chesapeake and Ohio appre-

ciates the value to the road of this personal contact between its officers

and employes and the public.

Constructive criticism not only is

invited, but always welcomed. W. J. HARAHAN, President,

The Chesapeake and Ohi*> Railway Co.

The