Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 7 December 1900 — Page 2

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WEEKLY JOURNAL.

ESTABLISHED IX 1818. Successor to The Record, the first paper in Crawfordsville, established In 1831, and to the People's Press, establlshedin 1844.

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Entered at the Postofflce at Crawfordsville, Indiana, as second-class matter.

FRIDAY, DECEMBER 7, 1900.

FIFTY thousand Spaniards have emigrated to Cuba during the past year. They take kindly to a Republican form of government and evidently have no hard feeling toward the United States.

AGUINALDO has still a chance to come in and make a fortune as a star lecturer. A.n income of $500 a night is better than trying to rule 1,200 islands without experience, knowledge or responsibility.

IF the Nicaragua canal costs $200.000,000, which is the latest estimate, the United States can get the money at 2 per cent., or 84,000,000 a year. The rate of interest paid on the Pacific railroad bonds was three times as large.

ASSAULTS, have been made on the statue of the late William H. English, the man who was on the presidential ticket with Hancock in 18S0. The statue is in his home town in Indiana, and it is supposed that the persons guilty of this piece of vandalism intended to get revenge on his son for supporting the Republicans in the recent canvass. This is a piece of Bryanite spiie which is not calculated to make the Mr. English of the present day any less hostile to base money, or to win any proselytes to 48c dollars or to !!ag furling from any quarter.

Tim career of the late Senator Cusliman K. Davis was another illustration of the fact that the prizes in all spheres of endeavor in the United States are open to everybody with energy, character and intelligence. Davis was poor at the outset, and remained poor to the end of his career. Neither fortune nor political "pulls" had anything to do •with his success. Ability and character won him his place in the public service. For years past he had been one of the most distinguished men in .the senate. As chairman of the committee of foreign relations of his chamber ho gained a reputation which has made him known to the rest of the world us well as to his own country. It will not be easy for Minnesota to fill Davis' place acceptably.

SENATOR ALLISON, whose long experience has made his judgment unsurpassed in such matters, says there are only two measures, aside from the regular appropriation bills, the army bill and the reapportionment bill, that cannot be left unacted upon without making an extra session of the next congress absolutely necessary. Asked what he thought of the legislative outlook, the senator replied: "Thesession will be fully occupied with matters of absolute necessity, so that it is hard to predict the fate of measures which, it necessary, can be laid aside for the time being. There are only ninety days of the session—a comparatively short time." Those who are predicting a whole lot of new legislation will do well to ponder a little ou Senator Allison's words. They are those of a man who knows the working capacity of a short session of congress, as few men do.

Notice to Hunters.

We, the undersigned citizens, living east of Crawfordsville, Montgomery county, Indiana, deem it advisable not to allow any hunting, with dog or gun, or fishing, with either seine or pole, outside of members of this association, on our farms without the consent of the owner, and have by mutual consent decided to enfore the law on all persons found hunting or fishing upon the enclosed land of the undersigned: Thomas Lyucli, Thos. L. Mason, John Line, Lee limy, J. N. (Jray, S. H. Shaver, John Miller, Henry Chad wick. J. H. 1'ennocU, J. F. Chadwick, C. Diet J- liyrd, W. C. Gray, J. F. Uuntlo, Mrs. Lon Youilfr, A. W. Hood, Charles F. Smith, Ed Line, Joseph Foust, Hen Shelton.

Wm. II. Smith, Newton Campbell. Win. 1'iu.lt, V. Smith. Benjamin Foust, Win. Wisehart, George W. Canine. F. V. Smith.

Win. Harlan.

lJuchaniin, .Mich., May '22.

CJeucsee lJuri Food Co.. Le Hoy, N. V. GENTI.KMBN:--My mamma lias been aKreat coffee drinker and lias found il very injurious. Having used several packages of yourGRAIN-O —the drink that takes the place of coffee—she finds it much better for herself and for us children to drink. She byiveil up colTee drinking entirely. We use a package of GRAIN-O every week. I am ten years old.

Yours respectfully, FANNIE WILLIAMS

THE OSBORNE CASE.

The Alleged Murderer of Howard Ellis on Trial for His Life.

A Big Crowd Present and Much Interest Manifested—Slow Work Getting a Jury—The Evidence In the

Case—Notes of the Trio!.

Last Monday in tho circuit court the case of the state vs. James Osborne was called for trial. The indictment charged Osborne nth murder in the firnt degree.

On Sunday morning,

July

l.."»th, the

dead body of Howard Ellis was found lying on the road side near the valley saloons. He had been on a carouse with a party of friends the night previous and these friends testified before the coroner that during a light he had been struck on the head with a beer keg faucet in the hands of James Osborne. Osborne was arrested on the bunday of the murder and has since been in jail.

Osborne is a married man, 27 years of age, and prior to the killing of Ellis did not sustain a bad reputation. He worked at Goldberg's junk shop and ha# never been arrested or in trouble until the Sunday he was placed in custody for killing Ellis. Ellis was a young boy, hard working and industrious, but inclined to "mix" when drinking.

Judge Wc-stcalled tho ease at 10:45 o'clock, attorneys Mc.Brrom and Whittington appearing for the state and J. M. Bailey, of Indianapolis, and Fred Canine for the defense.13 The regular

.1A.MKS ^OSBORNE.

On trial ..for ^thr ltnmlK of llnwsml Kllis morning of July 1 o.

panel of the petit jury entered the box and, both sides announcing themselves ready for trial, the work of securing a jury to try the case begun.

M. J. Carroll, of the regular panel, had expressed an opinion but thought he could try the case impartially.

Levi Fisher, of the regular panel, had concientious scruples against the death penalty and was excused for cause.

Feilding H. Rice and Wm. Slattery, regular jurymen, were peremptorially challenged by the state As fast as members of the regular panel were excused special talesmen took their places. The state passed the jury after excusing the men mentioned. Mr. Bailey, of the defense, then took the jury and gave each member a lengthy and exhaustive examination. He was not nearly through when the noon hour arrived.

AFTEROON.

The afternoon session began at 1:30 with a large crowd present. The defense resumed its examination of the jury. Jim Campbell was permptorily challenged, as was J. C. Todd, James Coons and J. C. McCullough.

At 3:15 o'clock the defense passed the jury and the following men were in the box: M. J. Carroll, Union Daniel Harrigan, Madison R. L. Bratton, Walnut Theo. H. Johnson, Walnut D. E. EI more, Franklin: Winfield Johnson.Madison D. C. Moore, Wayne W. T. Kise, Walnut: Cyrus Thompson, Union R. H. Pearson, Union W. H. Jordan,Mad ison Allen Robinson, Union.

The defense passed the jury at 3:20 and the state promptly excused Mr. Jordan for cause. E. M. Morrow, of Coal Creek, took his place. After some questioning the state passed and tho jury was again handed over to the defense, which at once excused Mr. Morrow. Bruce Carr was next placed in the box but had formed an opinion and was excused for cause. Gus II. Davi was next called and after questioning him the defense again passed the jury. The state challenged Mr. Davis peremptorily and F. M. Muriett was dragged in from his drug store. The state questioned Muriett aud then challenged Allen Robinson peremptorily. Allen Byers was substituted and again the state passed the jury.

It developed in the defense's questioning that Mr. Muriett was somewhat deaf and he was excused, R. F. Beck taking his place. He was excused for cause, having served on a jury within a year, and Sam D. Symmes was called

and excused by the defense, Frank McCalip taking his place. He also was excused by the defense aLd the next victim brought in was Louis Manheim, who had an opinion and was excused.

TUESDAY MORNING.

There was still one juror to be selected when court opened on Tuesday and Wm. A. Everson was the first talesman called and was excused by the state without cause after examination James F. Boots was called and the jury was passed by the state. The defense excused Mr. Boots, however, and the merry grind was on once more. While the sheriff was out hunting another talesman Judge West arose and called Isaiah Hunter from the audience. Hunter was passed by both sides and the jury was sworn as follows:

Isaiah Hunter, Union. D. C. Moore, Wayne. Cyrus C. Thompson, Union. R. H. Pearson, Union. R. L. Bratton, Walnut.

The defense reserved its statement and the witnesses were sworn. The first witness called was

DR. E. W. KEEGAN.

Was coroner in July and detailed the inquest held by him. There was no external evidence of injury on the body. Held a post mortem assisted by Dr. Ensminger. OH opening the skull two ugly fractures were found, a great blood clot an inch thick having formed on the left side.f^The lungs and heart were perfectlyjhealthy as were all other organs except the brain. The injury was caused by external violence and this violence is what caused death. A smooth instrument only could have produced such a wound. Witness identified the faucet fand stated that it had been given him by attorney Canine of the defense. Faucet was surrendered to witness on demand a day or so after demand was made.

Court adjourned for noon at this stage of the direct examination. AFTERNOON SESSION.

The direct examination of Dr. Keegan was resumed at 1:30 p. m. When Osborne was before the coroner at his first examination he said he knew nothing of the beer faucet and did not remember having had it. A day or so later he sent word that he wished to make another statement and when allowed to make it he said he recalled having had the faucet.

Cross examination—Ellis had heavy hair and witness did not mean to say that the wound on his skull was caused by the besr faucet, any smooth instru-

THE CRAWFORDSVILLE WEEKLY JOURNAL.

Ferguson was then brought

in and after his examination the jury was passed. The state excused Mr. Ferguson because he stated he would not inflict the death penalty. The court then adjourned until Tuesday morning with the jury still incomplete.

1

Daniel Hanigan, Madison. Winfield Johnson, Madison. W. T. Kise, Walnut. Theo. H. Johnson, Walnut. M. J. Carroll, Union. David Elmore, Franklin. Allen Byers, Union. Before thefjury was sworn Mr. Bailey moved for a separation of the witnesses and an instruction to them that they refrain from italking. Judge West refused to grant tho motion because of lack of a suitable place to harbor the witnesses,-although Mr. Bailey begged that the separation bo made. An exceptionjwas taken by the defense to the court's ruling. Mr. Whittington made the statement for the state. He read the indictment and then proceeded to make a statement of facts from the standpoint of the prosecution. He detailed the i.beer party indulged in by the VantLevens, 'Ellis and Jeffrey in Fullen's pasture, and stated Wm. Hinton and a drunken strauger, picked up in Sperry's bridge, accompanied them from the pasture to Anable's saloon. There they met the Osborne-Friar-Hardacre-Reynolds gang which had come out from town an hour earlier. The V-iiicLeven crowd at two o'clock was back of the (saloon in the hammocks when the Osborne crowd oamo out whero they were. Ella had in her hand a faucet which she had borrowed of "Bets'^McNeirney in the afternoon. Osborne took it from her against her wish. Osborne and|Ellis, who had had previous trouble, began quarrelling, Osborne being the aggressor. Hinton begged Osborne to drop the faucet but he refusedj and 'struck Ellis over the head using both hands to deliver the blow. Ellis.* fell and Jeffrey grabbed Osborne who struck Ellis again, struck Pete VantLeven, shook Jeffrey off and ran over the hill to Sperry's bridge still carryingj.the beer faucet. There his companions picked him up and the whole crowd came up to a house on Spring street where Osborne boasted of having put one of|the VantLeven gang in the clear. When he learned that Ellis was dead, however, he lied to the woods where he was captured. Mr. Whittington [detailed the alleged occurrences at the saloon after the blow was struck. He Estates that all the parties were drunk that, Ellis had trouble with no onejbut Osborne that Osborne alone-struck'him and that the post mortem showed that only such a weapon as a round faucet would make such a wound as killed Ellis that Ellis and Osborne had had trouble some days before and that Osborne secured the faucet that night for the purpose of "putting Ellis in the clear."

ment of near the same size might have been used. Judge West upon the conclusion of the cross examination struck out that portion of the doctor's testimony relative to what Osborne had testified to before the coroner.

Before the release of Dr. Keegan he was further cross examined by Mr. Bailey. Dr.« Keegan stated that the fracture and clot found on the left side might have been made by a blow on the right side. A scalp bruise was found on the right side of Ellis' head. The witness was not certain as to what blood vessel had ruptured to cause the blood clot on the brain. There was no iniury at the base of the brain. The injury of Ellis' brain was on that portion controlling locomotion and the expectation would be that such an injury would cause one to drop in his tracks.

Re-direct—The fracture on Ellis' skull was sufficient to cause death, which would have followed in from one to ten hours. The injured man might have walked after the blow.

DR. S. L. ENSMINGER

Was the next witness. Conducted the post mortem of Ellis' body. He detailed the opening of the skull arud the finding of the clot described by Dr. Keegan. Ellis' skull was very thin and an instrument like the faucet might have caused the fracture. WTitness noticed the blood vessel that was ruptured and named it. A man might receive such a blow as killed Ellis and still remain conscious, and walk after it, death coming later. Ellis' death resulted from this fracture which was caused by some external blow.

The blow which caused the fracture on the left side of Ellis' head was prob ably caused by a blow on the right side.

Cross—Witness did not council with the state's attorneys as to what he would testify to. Told Mr. Canine that he would tell what he knew when the trial came. (During the course of the cross examination there were numerous passages between the witness and Mr. Bailey, considerable spirit being shown).

Witness did not think the injury on Ellis' brain alVected his powers of locomotion at once. The clot would have to form to some size before there could be paralysis.' A clot half as large as that on Ellis' brain would cause the one struck to lose consciousness. A clot a quarter as large would likely result the same.

Re-direct—The clot on Ellis' brain

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probably formed slowly from the fact that the artery was only partially cut. GEORGE COLE.

Lives a mile north of town. On July 15,early in the morning, witness started from home to fish. Went \ip toward the ice house at 4:15 a. m. Saw Ellis lying on the south side of the ice house road. He was alive. Witness asked Eliis what he was doing there. Ellis said nothing, but he rolled over and looked at witness. Witness supposed Ellis drunk and went on without examining him. Ellis wore a light suit. Frank Hurt was with witness when he saw Ellis. It was hardly daylight when this incident occurred. When witness saw Ellis he was lying probably fifty feet from where his body was later found.

Cross—Ellis wore a suit of clothes like Louis Manheim's. Louis was in the room and the jury looked at his suit.

J. WILLIAM HINTON.

Is a married man. On the evening of July 14 witness wa9 in town until 10 o'clock. After that went over Sperry's bridge to put up his horse and started back. On the way met the VantLeven crowd. Besides the VantLevens, Ellis and Jeffrey the following other people were about the keg: Bert Luzader,Bertha Thomas and her mother and Tub Chadwick. The Keg was almost empty, but witness drank four glasses. Chadwick was asleep under a tree. Witness accompanied the VantLevens, Ellis and Jeffrey to the saloon. Picked up a stranger at Sperry's bridge and he wentalong. Neversaw that stranger before or since Ella carried the beer faucet with her. It was 1 o'clock Sunday morning when Anable's place was reached. The Anables, Ella Bowers and Harvey Irons were present. After drinking one beer witness went into the back yard with VantLevens, Ellis and Jeffrey. Soon after the Osborne crowd arrived in a trap. Soon Jim and

Frank Osborne and Ed Reynolds came into the back yard from the bar. Jim Osborne and Ellis soon began curbing each other. Osborne held a beer faucet but Ellis was unarmed. Witness could not recall what they said to each other. Witness saw there was going to be trouble and asked Osborne to give up the faucet. Jim refused, saying he needed it. Witness then to avoid the fight went indoors. WThen witness went in he saw Friar walking about with something in his hand. Anable tried to get Osborne to give up the faucet but was unable to do so. Witness could hear the quarreling continued after he was in the hous?. Witness finally, to avoid trouble, crossed the road and went into the barn. Soon after heard bottles crashing and loud cursing. Did

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not see the tight. The trouble too place abouta. m. It was a clear, ni night and objects could be easily di ^tinguished half a block away.

WEDNESDAY MORNING. Sf,

The cross examination of Wm. Hi ton was begun when court convene Witness was at Pete VantLeven's hou a week ago last Sunday. On the nig of the killing witness was invited stop and drink beer by the VantLev crowd at the bridge. The Strang who was found asleep at the north of the bridge on the way to Anable was not struck or threatened by any the VantLeven crowd. When trouble at Anable's became noisy wi ness took refuge in the barn across road and remained there until thin became quiet. Then went to his barn and slept on the hay till 5:30 a. Did not ride with Bill Hardacre th night. At 5:30 a. m. went back to A able's saloon. Saw Bill Hardacre Anable's house and he asked witness hold his horse. Rode with Hardac from Anable's to Fell's place, but not talk with him concerning the figh Witness carried-a hammer in his pock that night Ellis carried this hamm to Anable's and on the way threaten to smash with it the stranger they picked up at Sperry's bridge. Witne acknowledged that some Jime after t' murder he had called on Attorn Canine and said he wanted to tell whole truth,that witness' statement co cerning the trouble at the saloon been written down by Canine, read witness and acknowledged by him be true. Witness saw the stranger the case again at Anable's saloon wh he went back at 5:30. Witness took stranger up town in Hardacre's tr while Hardacre held forth in Anabl house. This stranger was a low, hea set man wearing a "dice box" hat, looked like a bum, and when th reached town he offered to treat wi ness at Bob Allen's saloon, but the la abiding Bob had shut up shop. Wh witness stepped into Anable's salo during the trouble he saw Jim Fri walking in the yard with a club something in his hand.

Re-direct—The attorneys and frien of Osborne have closely pursued witness for favorable testimony ev since the murder. They held out no ducements for giving testimony, ho ever. Witness is a good friend to a parties in the case. Has no recolle tion of drinking with the Osborn while talking over the case. Has fr quently talked with them concerni the case, was called twice to Canin office to talk it over. Monday night was there with Canine, Bailey, Charl

(Continual on seventh page.)