Decatur Daily Democrat, Volume 5, Number 285, Decatur, Adams County, 25 November 1907 — Page 1

DECATUR DAILY DEMOCRAT

Volume V. Number 285

IN HONOR OF THE OLD AND NEW

BAR ASSOCIATION BANQUET Brilliant Affair Given for Judges R. K. Erwin and J. T. Merryman

CROWD WAS LARGE Large Delegations Here From Fort Wayne and Portland. JUDGE ROBY HERE Splendid Responses to Toasts by Learned Jurists and Lawyers. The last official act of Judge Erwin occurred Saturday evening at four o'clock, when he wrote the word "finis” on the court docket and attached his signature to same, thus closing his six years of honorable service. Judge Erwin deserves great credit for his splendid service during his term as Judge of the twenty-sixth judicial district, having performed his duties in a manner which proved his ability beyond all question. He has won the confidence and respect of every attorney in this section of the state. During his term he has conducted court in five districts and in each has established a reputation as a fair, just, able and competent judge. He retires from office with the good wishes of the bar of this and surrounding counties and also of every citizen in this section of the state. The real inauguaration of Judge Merryman occurred this morning at 9:10 the new jurist ascended the bench and made a five minutes talk, stating in a modest way that he had no new rules to establish, asked for the assistance of the bar in rendering justice. He spoke of the general fcbod feeling which has heretofore existed among the members of the Adams county bar and expressed the hope that it continue. He promised his best ability to the service and said he would weigh carefully all matters before him and decide cases and questions as he honestly sees them. His first official act was the appointment of Huber M. DeVoss as court reporter and then proceeded to acquaint

/ ijf w f- • F »'Mr r. ,; Judge Richard Kenney Erwin

himself with the business of the docket, calling the criminal docket first. Judge Merryman looked very much at home, and his friends, the bar and all others have complete faith in his future services in his present high position. Easily the most brilliant affair in the history of the Adams County Bar association was the banquet, given at the Murray Hotel, Saturday evening, in honor of Judge Erwin’s retirement and the commencement of Judge Merryman’s term of office. Learned judges, brilliant, able lawyers from a half dozen counties gathered here to do honor to the two popular and eminent judges, and every guest enjoyed himself, every moment of the time. The Fort Wayne bar led in point of members, their delegation numbering thirty-five, headed by Judges O’Rourke and Heaton; Portland furnished ten; Bluffton, Huntington, Geneva, Berne and other places also having representatives present. It was nearly nine o’clock when the guests were ushered into the dining room by the committee, John C. Moran, Shaffer Peterson and Dan N. Erwin. The room had been tastefully decorated with smilax and chrysanthemums,this work havingbeen done by the Ernsberger Bros, and Moses company. The ninety guests more than filled the big hall but all were well cared for and each enjoyed the feast, for which Mr. and Mrs. Murray were given due credit. The menu consisted of the following:

Blue Points Celery Sea Turtle. Salted Almonds Olives Roast Turkey, Dressing Cranberry Sauce Pineapple Sherbet Loin of Lamb, French Peas Roast Duck, Onion Dressing, Jelly Mashed Potatoes Escalloped Sweet Corn Oyster Patties Sweet Breads in Timbles Chicken Salad, Mayonnaise Waferettes Metropolitan Ice Cream Golden Spice Cake Caramel Cake Coffee

At the first table were seated Toast master Daniel D. Heller, the honored and popular ex-judge, Judge Richard K. Erwin, Judge James T. Merryman, Judge Edward O'Rourke, of Fort Wayne, and the Hon. Robert S. Peterson. The other guests were ar-

Decatur, Indiana, Monday Evening, November 25, 1907.

ranged in a manner especially for their enjoment. Newspaper representatives from Portland, Geneva, Berne and Decatur were present and were well cared for by the committee in charge. After the first course of the banquet was served Toastmaster Heller announced that as the program was rather long they had decided to sandwich in a few tosts as they proceeded and called upon Hon. Henry Colerick to respond to the toast “The Best Judge.” The little giant from Fort Wayne was in his usual good form and began by saying that he would have preferred to speak on a full stomach. He told several good stories in his usual happy manner, then became serious and eloquent and told of the high esteeem in which he held the just judge. John C. Moran, chairman of the arrangement committee, then read a letter from Hon. J. J. M. LaFollette, of Indianapolis, stating his regret in not being able to be present and his best wishes for Judges Erwin and Merryman. After another course of the banquet was served, Judge John F. LaFollette, of Portland, responded to the toast “The Letter and Spirit of the Law.” He told a story or two, spoke of his high regard of the Adams county bar, of Judges Erwin and Merryman, and said he was sorry we couldn’t retain the one and receive the other and predicted greater future honors of Judge Erwin. He then read an interesting able response to his subject. Judge Edward O’Rourke, of Fort Wayne, was next on the program and In his polished manner expressed pleasure for the privilege of being present gave a short account of the past history of the judicial district and spoke of the many able Judges who have served and of the love and respect felt for Judge Erwin. He then delivered a most interesting response “The Bench and Bar” delightfully interests ing and appropriate. While the last course of the supper was served, Frank S. Robey, judge of the appellate court, Indianapolis, responded to the toast, “The Front of the Battle.” His was a well said talk, perfectly delivered and full of many good thoughts that will remain in the memory of those who heard him. He closed by saying:

“Judge Erwin comes back to his clients; his clients come back to him. Those who know him as he is, not as he seems, his own people, grasp his hand and say: ‘Well done.' I do not know what further distinction awaits him. He is a leader and will be at the front. Those who follow him are neither mercenaries nor conscripts, but friends serving in confidence and in love. Such service goes far and does much, but the acclaim of multitudes, when won, the luster of the highest place when achieved, will be worth less than the hand clasp, the hearty greeting and the affection which is his tonight here at home.” Judge Sturgis, in response to “Enforcement of the Law," said some mighty good things in a mighty clever manner. He spoke of the unlawful speculations in stocks as laws not enforced and the result of which is very vivid at this time. He believes there is a great improvement in many of the new laws, which however, must be enforced if they are to become beneficial. He expressed his high regard for Judge Erwin and hfs faith in Judge Merryman. Hon. D. E. Smith gave the closing response on the program, his subject being “The Citizenship of the Lawyer.” His remarks contained many happy, well said thoughts, proving the lawyer a necessity and a good citizen. His response was one of the best of the evening and was listened to attentively, notwithstanding the fact that the Fort Wayne delegation knew their car was due to leave. His response in full will be published tomorrow. This concluded the regular program but the guests insisted upon hearing from others. Judge Erwin was called and though plainly affected by having heard the many words of praise, he made a timely, appropriate talk, thanking the bar of this and adjoining counties for their assistance during his term. Judge Merryman also spoke interestingly acknowledging the weighty responsibilities he was assuming and declaring his policy would be to decide the problems as he believed right and honest. Others who were called upon and who delighted the guests by their happy remarks were Hon. Levi Mock of Bluffton: J. Fred of]Hunttagton; K a McGriff. Portland, and

Jacob Butcher, Geneva. It was late when the affair was over, but every one was glad to have been there. It was one of those happy occasions when good fellowship and the renewal of acquaintances intermingle in a delightful way. The committee who had charge of the affair certainly deserve great credit for the success thereof. Mr. and Mrs. Murray conducted the banquet in a manner which won the praise and congratulation of the committee and from every guest. JUDGE MERRYMAN. Judge James Thomas Merryman, who assumed his very responsible position this morning, is well prepared (Continued on page 4.) ARE YOU GOING? “Mrs. Wiggs of the Cabbage Patch” Promises to be Popular Play. THURSDAY NIGHT An Entirely New Thing in the Home Talent Line for Benefit of Library. On Thanksgiving night at the Bosse opera house a local talent company under the auspices of the ladles of the Shakespeare and Historical club will present “Mrs. "Wiggs of the Cabbage Patch” for the benefit of the library. “Mrs. Wiggs of the Cabbage Patch” is a dramatization of the book of the same name, that was such a success 'with the reading public and the comedy drama has pleased large audiences in all the big cities and this is the first opportunity local theater goers have had to see it. “Mrs. Wiggs” is different from anything yet seen here in the way of the drama as there are no gun shots, nor murders, no villain no great robbery, but just fun, clean wholesome fun, and plenty of it. You can laugh until your sides ache at funny sayings, comic situations and humorous incidents in which the play abounds. The cast is an exceptionally Strong one and have carefully drilled. The play has been rehearsed from a copy of the original manuscript and will be a replica of way it is being played by the big city companies of Leibber and Co., who own the copyright. The admission will be twentyfive cents if you haven’t bought a ticket yet secure one from the club ladies and you can have it reserved at the Holthouse drug store Wednesday morning, the board opening at eight o’clock. Remember that “Mrs. Wiggs of the Cabbage Patch" will be at the opera house Thanksgiving night and that you will see more fun crowded into three acts than ever before. Clever specialties between acts and the music will be furnished by the high school orchestra. Go to library benefit show, enjoy a good laugh. It will help you digest your Thanksgiving turkey.

SOCIETY’S ROUTINE Young People’s Society of United Brethren Church to Hold Meeting. AT J. D. WISEHAUPT’S Many Meetings of Church and Society Scheduled for this Week. Mr. and Mrs. Jesse Sutton entertained at dinner yesterday the following people: W. E. Sutton and wife and William Sutton and daughter Ethel, of Geneva; Mr. and Mrs. Albert Pontius. daughter Emma. Mr. and Mrs. Arthur C. Pontius, of Fort Wayne and Mr. and Mrs. Alex White, of Ossian. A good social time was also enjoyed. The Ladies' Missionary Society of the Presbyterian church will hold their annual praise service in parlors of church tomorrow afternoon, November 26. 2 p. m. A full attendance is desired. (CWtiamd «•)

COURT HOUSE NEWS First Day’s Session of the November Term—Cases Set for Trial. TWO NEW CASES Appearance by Attorneys in Various Causes— A Guardian Appointed. Peterson and Moran filed the last case before Judge Erwin Saturday evening, it being entitled The Berne Artificial Company vs. Amos Ellenberger to foreclose a lien, demand $125. The first new case of the term and the first under Judge Merryman’s term, was filed by C. J. Lutz and entitled Margaret E. Scott vs. Harry D. Scott, suit to annul marriage license. The November term of the Adams circuit court convened this morning with Judge Merryman on the bench. Attorney J. C. Sutton appeared for Jesse Niblick in the case of J. H. Voglewede guardian vs. John Gluting et al, partition, and was ruled to answer. Lutz and Cottrell appear as attorneys tor the defendant in the case of Mark Burdge vs. John E. Jack, a damage suit. D. E. Smith appears for the defendant in the case of Jerome B. Carter vs. Charles Mathewson, damages. Huber M. DeVoss was appointed court reporter and ordered to be present at each day’s session of each term of the court.

Criminal cases were set for trial as follows: State vs. Michael Everett, ' assault and battery with intent to kill, Monday, December 9; State vs. Chas. Lemay, rape, Monday, December 16; State vs. Kalver and Hurst, maintaining a nuisance, December 11; State vs. Charles Straub, petit larceny, December 5; State vs. Nelson Bricker, assault and battery, December 4; State vs. Theodore Hendricks, petit larceny, December 2. Mary A. Cully was appointed guardian for Dewey E. Cully,and filed bond for SI,OOO. ——o CLAIMS RELATIONSHIP TO JUDGE Bluffton Man Proud of the Name Merryman. Speaking of ancestors and family | trees last evening, Attorney J. B. Merriman told of the distant relationship the Adams county Merryman and the Wells county Merrrimans believe they hold to one another, although the spelling of the names is slightly different. The Wells county family is able to trace their ancestors as far back as the early part of the sixteenth century when two brothers by the name srossed from England and settled in Baltimore. Their ancestors became lost from the brother and never heard from him again. The Adams county family believes that its first ancestor was the missing brother. Three hundred years have passed since then and it is not odd that the spelling of a name should be altered during that time.—Bluffton Banner. There has been no new affidavit prepared and filed against Frank Cotton to replace the one declared void yesterday by Judge Sturgis and it seems there will not be one unless some one appears who is willing to affix their signature to the paper. Cotton is still held under the old bond and while he has been released from jail he will not be permitted to leave the city until it can be seen what action the prosecution intends to take in the matter. If no new affidavit is made Prosecutor Dailey will simply let the grand jury take the case in hand and return an indictment against the young man. —Bluffton Baner. The committee of Elks in charge of the drawing of the King piano are yet unable to set a date for that important event, but think that it will be held the latter part of next week. There are a large number of stubs for tickets that have not been turned in and until the list Is completed the drawing will not be held for the reason that every one who had purchased tickets should have a chance at the pri**.—Bluffton Banner.

DALLAS BUTLER HAS RESIGNED As Deputy Sheriff and Will Go Into Advertising Business. Dallas Butler resigned his position its deputy sheriff this morning, same to take effect December Ist. He has served in this capacity for four years and has proven himself a faithful, brave and efficient public servant. He will establish an advertising distributing agency, having secured the rights for Allen, Wells, Jay and Adams counties, also Van Wert and Mercer counties, Ohio. He expects to be kept rather busy and no doubt will. Sheriff Meyer has not announced his new deputy as yet but likely will within a short time. funeraTserwces Were Conducted Yesterday for Benjamin Houk, at Hoagland. ATTENDED BY MANY

. Senior High School Class Attended in Body—Many • Floral Contributions. The funeral of Benjamin Houk, son of John C. and Mary Houk, was held on Sunday morning. A short service was held at the house at ten o’clock, after which the funeral cortege passed to the Antioch Lutheran church at Hoagland. The funeral service was conducted by the Rev. Henry C. Roehner, of Grand Rapids, Mich., a former pastor of the decedent. The funeral was attended by a large number of persons, who came from near and far, attesting the high esteem in which the young man and his family are held by the community at large. The funeral was one of the largest in the history of the community. The sympathy of near friends and others was expressed by the many beautiful floral designs and cut flowers which were sent to the home of bereavement. The senior class of the Decatur high school of which Mr. Houk had been a former member, attended the service in a body. Members of the Sunday school class of the Concord Lutheran church of which Mr. Houk was a faithful member, acted as pall bearers and flower boys. The pall bearers were Lewis *Houk, Chas. Houk, Rollo Houk. Clifford Houk, Sherman Kunkle and Al Frit- 1 zinger. The flower boys were Francis ■ Fuhrman, Will Evans, Calvin Magley, < Chas. Fritzinger, Curtis Fritzinger, I Milton Fritzinger and Josie Fuhrman. 1 The obituary noted that Mr. Houk i had reached the age of 19 years, 2 ’ months and 22 days. He is survived 1 by his parents, two sisters, Erma and I Thelma and his grandmother, Mrs. i Ridenour. t

' A Judge James Thomas Merryman

Price Two Cents

WANT THEIR SHARE Fred Duboch and Albert Rober, of Linn Grove, are Investigating an Estate. OF JOHN WEGER Former Adams County Man Killed in Oklahoma—Creditors Want Their Money. Fred Dubach and Albert Raber, of Linn Grove, were in the city Saturday to see George Matlack. An unusual story was the cause of their visit and many people will remember the incidents connected with it.

Several years ago John Weger was running a saloon in Linn Grove. He lived there with his family and was well thought of, when suddenly he r disappeared, leaving his wife and numerous debts behind. Mr. Dubach and Mr. Raber were two of the credS itors. When Weger left he took about $5,000 with him on his person and nothing was heard of him for a long time. It finally developed that he had drifted into the oil fields of the southi west and was for some time in CleveI land, Oklahoma. Next he went to ( Oklahoma City, arriving there without any money at all. He and a partner ’ soon opened up a saloon and they I did well, accumulating considerable ; money. i He was prospering and getting ■ along well till last March when in a ■ fight between a bartender in his saloon and an outsider, Weger was shot in the left knee, though he was not a participant in the trouble. He was taken to the hospital and died there several weeks later. After his death it was learned that he had left a will, leaving his wife in Linn Grove SIOO, and the balance was to go to his mother, who lives in Spencerville, Ohio. An administrator was appointed and the claims of several creditors in Oklahoma City were being settled with when the friends back in Indiana, that he had left holding the sack, accidentally, learned of his death and the property left, and began action at once to have their claims recognized. Mr. Matlack was the attorney for the wife and mother while he was in that city and learning of his trip back here, Mr. Dubach and Mr. Raber wished to see what he knew of their chances. At present there is between $1,500 and $2,000 to be divided between the creditors and while it will not nearly cover the Indebtedness it will pay a large per cent. As it is the last chance they will ever have to realize on their paper the Linn Grove people are especially anxious to win their case. —Bluffton Banner.