Decatur Daily Democrat, Volume 5, Number 92, Decatur, Adams County, 13 April 1907 — Page 1

DECATUR DAILY DEMOCRAT.

Volume V. Number 92

NESBIT IS SORRY Writes Harry Thaw For Forgiveness and SIOO HOW THE JURY STOOD Eight to Four on First Ballot and Only One Man Changed His Opinion in the Forty-eight Hours. New York, N. Y., April 13.—A sensation was sprung in the Thaw case today when Thaw made public a letter written by Howard Nesbit, Evelyn’s brother, asking Thaw’s forgiveness for the attitude assumed by young Nesbit and closing by requesting a loan of one hundred dollars, saying that if he did not get it he would kill himself. The letter in part reads as follows: “i cannot help but feel that it is no more than right for me to make myself square with you and tell you fully how I feel toward you. I wish to tell you that when Mr. White was shot that I thought it would be a heroic act on my part to stand by the man whose memory’ to me was so precious. I believed him to be the only man that was great, kind, good and honorable. To me he was a king and he won my childiish affections. If he was a bad man I did not know it, for I was only a child and I could easily have been deceived as to his real nature. What I told Jerome was all a lie and I lied thinking it would help the man I thought was so good. After Florence told her story on the stand, I believe I was with her then heart and soul. I never intended to say a word against her and I was influenced by artful and designing persons. w’ho urged me on to take the stand. I did. They are to be found in this city and not very far away either. I love and cherish Florence as any brother should and it breaks my heart that I cannot see her. I want to see her and tell her how sorry I am; she would listen to me and I am sure I am very unhappy. I have made myself sick with worry and I do not seek to hide my feelings. I believe you were right and justified in doing what you did and you are now in my estimation more than a hero. I wrote to Florence, but she seems bitter toward me yet. I asked her to let me have one hundred dollars, if she could spare it and she answered that she had no money and so I must appeal to you. Perhaps I was wrong in coming here, but my parents are responsible for that, and I want mony to stay here until I can get a position and be independent of everybody else. Won't you help me? If you fail me I don't know what I will do. I would rather kill myself than have to go to certain persons in this city for help and I won’t write home for money. I remain, yours, Howard Nesbit.” New York, April 12. —Hopelessly divided —seven for a verdict of guilty of murder in the first degree and five for acquittal on the ground of insanity—the jury which since January 2d has been trying Harry K. Thaw reported today after forty-seven hours and eight minutes of deliberation that it could not possibly agree. The twelve men were promptly discharged by Justice Fitzgerald, who declared tha the too believed their task hopeless. Thaw was remanded to jail without bail to await a second trial on the charge of having murdered Stanford White, the noted architect. When this new trial will take place no one connected with the case could tonight express an opinion. District Attorney Jerome declared that there were many other persons accused of homicide awaiting trial and that Thaw would have to take his turn. As to a possible change of venue both the district attorney and counsel foi Thaw declared they would make no such move. Thaw’s attorneys would have a conference tomorrow with the prisoner to decide upon their next step. They may make an early application for bail. Mr. Jerome said he would strenuously oppose it. He added the belief that as seven of the jurors had voted for “guilty his opposition probably would be successful. In that event Thaw has another long summer before him in the city prison for his case on the already crowded criminal calendar cannot possibly be reached until fall. Eight ballots were taken by the jury (Continued on page 2.)

MAY BE USED AS PRECEDENT Gillespie Case May Decide the Terrell Case. The Bluffton News says the freeing of James Gillespie, the Rising Sun murderer, may be used as a precedent in the John Terrell murder case which will come up again for a hearing in the Wells county circuit court next Monday. Gillespie, who was convicted and given a life sentence for the murder of his sister, was liberated by the supreme court on the ground that his life had once been .in jeopardy when he was placed on trial. After the jury had been impaneled one of the jurymen was dismissed because he was distantly related to the defendant; another was selected in his place. On this mere technicality the supreme court ruled that when the first jury was impaneled the defendant's life had once been jeopardized and that he could not be placed on trial before another jury. So it may be contendel in the Terrell case. Terrell was convicted and sentenced to life Imprisonment. He went insane and instead was sent to the Richmond asylum. The lower court has since been reversed by the supreme court because of an impossible date alleged in the indictment which occurred through a typographical error. lookslikFpeace Peace Among Central America Republics MARION BUTLER A BOOSTER He Thinks Bryan Missel Another Opportunity—Pure Whisky Comes Later On. Washington, April 13. —That all of the Central American republics are looking to the present state of warfare between Nicaragua and Honduras to result in an agreement for permanent peace in Central America was developed today by a general discussion at the State Department. With that end in view, the negotiations looking to a cessation of hostilities will not go so far as to take up the subject of permanent peace, but will leave this broad question to a conference to be held in Washington or the City of Mexico, in which all of the countries immediately interested may take part. Washington, April 13. —Ex-Senator Marion C. Butler, of South Carolina, for many years the head of the Farmers’ Alliance and the Populist party, thinks that William Jennings Bryan missed an opportunity to perform a great patriotic service w’hen he failed to respond “yes” to the demand of John Temple Graves that Bryan nominate President Rosevelt for another term. Butler is convinced that the president will be elected again by the rank and file of both parties.

Washington, April 13. —The Civil Service Commission has announced clerk and carrier examinations in Indiana postoffices as follows: Lafayette May 25; Ft. Wayne, May 22; Richmond. May 25; Terre Haute, May 22; Evansville, May 22. Washington, April 13. —The Treasury department has awarded the contract for heating the Anderson public building to the Anderson Heating company. The heat will be supplied for one year for the sum of $619.15. o SAYS SALOON IS A NUISANCE According to Decision of a Noblesville Judge. Noblesville, Ind., April 13.—Judge Christian today rendered a decision holding that the Indiana liquor license is unconstitutional on the same grounds taken recently by Judge Arman, of Lebanon. Judge Christian goes further than Artman and declares that the saloon is a nuisance and therefore the state has no right to license a nuisance. ■ o Rev. Alexander Sutherland, who is about to graduate from the McCormick Theological seminary at Chicago, has been called as pastor of the Presbyterian church at Columbia City. The church has been without a pastor for three years.

Decatur, Indiana, Saturday, Evening, April 13, 1907.

SECURED A VERDICT The Fifth Trial of the Hall-Reif Case RESULT FAVORS PLAINTIFF Who Is Given a Verdict for $120.65 by a Jay County Jury—Costs are Several Hundred Dollars. The jury about 9:30 o'clock Friday morning, was given the consideration of the case of William Hall against John H. Reif, a suit on note, brought here from Adams county. All day Thursday was spent in the selection of the jury and the hearing of the evidence. The sum demanded is $l5O. The note in the first instance, called for $425. The defendant holds four receipts, calling for an aggregate of S6OO, but the plaintiff claims that two, one executed May 18, 1905, and the other on May 20, following are duplicates, and in reality, reperesent but one payment. The trial here, is the fifth one of the case. The first was in the court of Justice Armentrout, at Geneva, where there was a finding for the defendant. An appeal to the circuit court at Decatur, resulted in a second verdict for the defendant, but the court set this aside for error. Two further trials ended in disagreements of the jury. Then the case was sent to this county on change of vonue. — Portland Commercial Review. After being out nearly twenty-four hours the jury returned a verdict this morning, finding for the plaintiff in the sum of $120.65. A new trial will probably be asked. The case has caused considerable interest as the costs are several times the amount in controversy. DeVoss, Lutz and McGriff represented the plaintiff in the case and Butcher, Merryman and Janies Moran the defendant. A FEW OF THEM Some of the Many Laws Now in Force TWO CENTS RAILROAD FARE Provides Life Sentences for Third Conviction for Felony—Synopsis of the Important. A few of the more Important of the many new laws now in force are as follows: Providing penalty of ten to twenty years for burglary . Making it unlawful to sell poisons without a prescription; penalty $lO to SSO, jail six months. Providing fine of SSOO to SI,OOO for keeping bucket shop. Providing fine of $5,000 and jail sentence of one year for monopolizing trade. Providing for renumbering automobiles and changing speed provisions. Making the receiving of deposit when bank is insolvent embezzlement penalty, two to fourteen years. Providng freight train of fifty cars or more shall have crew of not less than six; less than fifty cars not less than five. Providing fine of SI,OOO and discretionary sentence of fifteen years for throwing acid on another. Providing life sentence for kidnapping for ransom. Providing fine of SSOO and jail sentence of six months for neglecting a child. Limiting fare on steam roads to 2 cents a mile for each passenger. Making it unlawful for a barber to work at his vocation on Sunday. Fine of $lO and $25 and jail sentence of thirty days. Making it unlawful for male over seventeen to entice a female under eighteen into saloon or evil house; two to fourteen years. Providing life sentence for persons convicted third time on felony charge after having served time, twice on previous charges. Making offers bribery to common carriers who receive money for service performed by common carrier for another.

IDAHO WOMAN WANTS A MAN He Must Make Good, However, in Various Ways. Spokane,Wash., April 12.—Mrs. May Dunbar, a widow, 32 years of age, described as tall and comely and a good housekeeper, operating a ranch in the St. Maries valley in northern Idaho, east of Spokane, wants to wed again, but the man who leads her to the altar will be of her own choice. In addition to taking a husband, she desires to solve a problem, by constituting herself a prisoner’s aid association as she declares she has no objection to considering an offer from a man discharged from jail, provided he is willing to undergo a term of probation on her uncle’s ranch in the Palouse country. Writing from St. Maries, Ida., to C. C. Hicks of the sheriff's office, at Wallace, Ida., Mrs. Dunbar says among other things that she wants a steady, sober man, adding: “I have a good home here, and if I can find the right man, I would be willing to marry, but the man must be right, and I don’t want anybody that has been in the jail more than once. If the man has good recommendations and isn't too recent out of jail he can come to St. Maries, and I will meet him. But if he does not come up to the requirements at first, then I want him to go and help my uncle in the Palouse country. If he makes good it will be all right.” o THE CONFERENCE The Bishop Rushing the Business Part PLAYING POLITICAL GAME The Ministers and Laymen Working With Energy for Agreeable Appointments, Logansport, Ind., April 12. —The third day of the North Indiana conference of the Methodist Episcopal church began with devotional exercises, after which the ministers settled down to transact the business before it, including the hearing of reports from presiding elders and Bishop McDowell’s address to the young ministers who have been licensed to preach by the examining boards of this conference. Business relative to every department of the church was transacted this morning and Bishop McDowell’s well known ability to make things move was apparent at all times. He is one of the best executives in the Methodist church and never allows a session to become tedious. At the Baltimore district conference at Annapolis, Md., last week he completed the business before it twenty-four hours ahead of the time fixed for adjournment.

The afternoon program included the anniversary service of- the Woman’s Home Missionary society, with Mrs. Mary A. Lavender, delivering the principal address. Dr. Edwin Holt Hughes, president of DePauw univercity, also was on the program for his third lecture before the conference. Tonight the Rev. Dr. Charles J. Little will deliver the conference lecture. His subject will be "Galileo.” The conference is now at high tide. More than 300 ministers are on Secretary Williams’ register and there are scores from other churches and conferences in attendance. The wives of the preachers are here in abundance, too, and laymen are beginning to arrive for the final campaign for desired ministers. Before Saturday it is expected that fully fifteen hundred Methodists will be here to take a hand in church politics. The lobby of the New Barnett hotel, where Bishop McDowell is staying ,is taking on the appearance of a political headquarters. Laymen who wish to see the bishop about a new preacher for the next year are coming in on every train and they stand around in groups and talk as earnestly about their church affairs as Aiderman Kenna would about his ward. The basement and vestibules of the Market street church, where the conference is being held, are filled with laymen and ministers, all talking in subdued tones and apparently in deadly earnest about things. The laymen come to conference with their hearts set on landing some particular preacher. If they don’t land him (Continued on page 2.)

COURT HOUSE NEWS Suit on Note Tried and Decided FINAL GUARDIANSHIP REPORT Filed by Son of Mathias Colchin — Several Marriage Licenses Issued. Charles Colchin, ward of his father, Mathias Colchin, deceased, filed a final report, showing the complete settlement of the guardianship, he being the youngest of four wards. Patrick K. Kinney has tiled nis bond for SI,OOO as a notary public under the laws of the state of Indiana. A marriage license has been 1.-sued to Arnold Gerber, aged thirty-four and Ruth Springer, aged twenty seven. The groom is a harness maker and lives at Pandora, Ohio, and the bride lives at Berne. The license docket also shows the issuance of a license to Jacob Fred erick Hillinger. aged twenty nine, of Auburn, and Mabel Schlegel, aged twenty-two, of this city. Old Adams County Bank vs. Richard C. Boyd et al, suit on note, demand $100; default as to all defendants; submitted; finding for plaintiff in sum of $91.90; judgment without relief. Charles E. Bollinger vs. John Everhart, Jr., et al; quiet title; deed reported and commissioner J. C. Moran discharged. . Another marriage license issued today was to Charles F. Nahrwold. of Wells county and Anna Werling of Freidheim. 0 SOCIETY COLUMN Mr. and Mrs. Atz Entertain a Few Friends A DELIGHTFUL EVENING PARTY A War Club and Its Members—Mrs. Flanders Will Be Hostess at a Dinner Party. A small company of ladies and gentlemen have formed a little social party and every so often they hold a social gathering at one of their homes, so, last evening Mr. and Mrs. Jacob Atz pleasantly entertained the members at their home on north Second street. Various games were played and at a late hour a delicious luncheon was served by the hostess.. The guests were: Fred Tague, Charles True, Wilson Lee, J. C. Patterson, James Fristoe, Dora Erwin and family. Mrs. George Flanders will be hostess at a six o’clock dinner this evening, given for the members of the Euchre club. The first social of the April section of the Ladies’ Mite society of the M. E. church delightfully entertained the society and many of its friends at the home of Mrs. C. E. Neptune on Friday afternoon. The annual election of officers occurred an I the following persons were chosen to fill places: Pres., Mrs. James Rice; V. Pres., Mrs. A. R. Bell; Sec.. M’s. Jno. R. Parrish; Assist. Sec., Mrs. Fred Mills; Treasurer, Mrs. Dan Erwin; Asst. Treas., Mrs. Chas. Colter. The Geneva High School has been re-commissioned, the state board of education having already issued such a commission. C. N. Study, of Fort Wayne, and a member of the state board, recently made the examination and his report is a glowing i»!bute to those in charge of the educational interests at Geneva. The fire several years ago so devastated their schools that they lost their high school commission.

BROWN HAS PAID FEES. Only Ex-Clerk Who Has Obeyed the New Law. Indianapolis, Ind., April 13.—1 t came to light today that Robert A. Brown, clerk of the supreme court from 1898 to 1906 on February 26, this year, paid over to Ed. V. Fitzpatrick, his successor, $6,641.02, which amount represented fees that he had collected during his term of office. Brown is the only ex-clerk of the supreme court who has turned back into the office fees that he collected while he was in office. Clerk Fitzpatrick some time ago notified by letter three other ex-clerks, explaining the new law to them and informing them as to the amount they are alleged to owe the office. According to the figures th. t have been compiled at the office of the clerk of the supreme court, Simon P. Sherin, deceased, formerly of Logansport, retained fees to the amount of $3,367.79; William T. Noble, formerly of Richmond, but now of Los Angeles, $2,516.61; Andrew M. Sweeney of this city, $4,755.31, and Alexander Hess, of Wabash* $4,267.95. Under the Geiger law, which is now on the statute books these amounts must be paid into the office of the clerk of the supreme court before April 27. If they are not paid by that time, Attorney Bingham will then be required by law’ to bring proceedings to collect the amounts. totheTounty Collected, Demand and Levy Fees Belong A SUPREME COURT DECISION Reverses a Judgment Recovered Against Clinton County for Fees Collected by a County Treasurer. Indianapolis, April 12. —The fees for making a demand and levy in collecting delinquent taxes belong to the county and not to the treasurer, and he must account for such fees collected by him and turn them into the county treasury. The supreme court so decided today, reversing a judgment recovered by Alexander B. Given against Clinton county for fees collected during his term as county treasurer and paid over to the county before drawing his salary. The court also held that the act of 1903 doubling the fees charged for these servces does not change the law, but that increased fees must go to the county. This was a test case and the total amount of fees claimed by county treasurers now in office and those whose terms have expired aggregate many thousands of dollars. The total due from Marion county alone, if the treasurers had been held entitled to these fees would amount to several thousands. 0 DON’T RELISH NEW HONORS Senator Hemenway Turns Down Flattering Offer. A story from Indiana that is quite characteristic of that state’s junior senator, the Hon. James Alexander Hemenway, than whom there is no more modest and diffident statesman in the country. Among his admirers is a large manufacturer of cigars at Indianapolis, who thought to compliment the senator by getting out a new brand of cigars and naming it the “Jim Memenway.” The manufacturer informed the senator by letter of the delicate compliment in store and asked him to send on his latest photograph .which he desired to have lithographed and placed upon the lid of each box. At this request the Hoosier statesman balked. Although assured that the new brand of cigars would be excellent, he could not see why his name and counterfeit presentment should be converted to the base uses of commerce. It is not known that he put the matter just in this way to his admirer, but it is known that up to date the cigar man has not received the photograph requested, and moreover that he has received a gentle intimation that the senator is not particularly anxious to have thrust upon himself new honors of the kind indicated. —Washington Herald. Mrs. W. A. Wetter is at When, Ohio, visiting over Sunday with her daughIter, Mrs. W. H. Stults.

Price ~ A Cents

TWO AND ONE Was Result of Last Night’s Bowling Contest THE PALACE AND KLONDYKES The Former Put up One Big Score Rolling Near the High Notch in the Last Game. Standing. Played Won Lost Pct Post Office 64 46 18—718 Elks 38 30 28—526 Klondykes 61 32 29—524 K of C 60 26 34—433 Palace 50 20 30—400 The Klondykes and Palace teams met last evening at the Palace alleys and indulged in a battle royal, the former winning two out of the three games, but were nevertheless forced to play hard at all times to win. The Palace team had a patched up line up and in addition to this bowled in extremely hard luck in the w’ay of splits. However, in the last game they came to life and bowled the remarkable high score of 963. this being twelve pins of the high team score. In making this total Frisinger rolled 234 and Heller 235. The Klondykes also made one nice total by bowling 924, this coming in the first game. The scores: Palace. Frisinger 189 194 234 —206 Heller 138 127 235—167 France 171 132 158—154 Peterson 129 165 150—145 Archbold 167 131 192—163 794 749 969 .! Klondykes. Peterson 202 1.49 170 —173 Vaughn 177 158 141—158 Bell 184 165 163—170 Lankenau 177 188 139—168 Klein 185 201 167—184 924 857 780 .4 o COINTY LINE MACADAM ROAD Petition for Macadam Road on the County Line. At the next term of the commissioners’ court there will be filed by Attorners Merryman & Dailey and R. W. Stine, a petition signed by seventyfive or more land owners of Jefferson and Lancaster townships, this county, and Kirkland and Preble townships, Adams county, asking for the construction of a gravel road, twelve miles in length on the county line road running between the two sets of townships. The proceedings will be brought in accordance with the ruling of the last state legislature w’ith regards to the building or bettering of roads. The law on the point is that a petition, with the signatures of at least seventy-five free holders must be placed before the board of county commissioners, not less than ten signers being from each township affected. The desired improvement then cannot fail to be granted. The road in question is and has been for some time in very poor condition and vastly in need of improvement, and there is no doubt but that there will be no trouble whatever to secure enough signatures on the petition.—Bluffton Banner. TELEPHONE MEN TO MEET Northern and Central Indiana Meeting at Fort Wayne. The annual meeting of the independent telephone districts of northern and central Indiana will be field in Fort •Vav’ie nn the 19th of April and it is probable that the question of an exchange of toll service with the Bell or Central Union Telephone company, will come up for discussion. The annual meeting will be attended by delegates from Indianapolis, South Bend and other cities and the annual election of officers will occur. Any action which is taken by the meeting will also be recommended to the state convention, which meets in Indianapolis May 15 and 16. Should the exchange of toll service be arranged it would mean that either company would receive toll service for transmission over both lines. A meeting was recently held at Logansport to consider the matter. o Miss Smith returned this morning from Monroe, where she is teaching school, and will spend Sunday with her parents.