Decatur Daily Democrat, Volume 6, Number 49, Decatur, Adams County, 26 February 1908 — Page 1

DECATUR DAILY DEMOCRAT.

■Volume VI Number 40

■CASE IS REVERSED ■Famous Faylor vs. Studabaker Case Sent Back Here for Trial Sgreat legal battle ■Has Cost Thousands of Dollars and Gone Through Many Courts ■ Over four years ago a suit was filed ■Lore on change of venue from Wells ■county, entitled Faylor vs. Studabaker ■to set asiae a conveyance, rhe case ■was tried here early in January, 1904, ■continuing eighteen days and resulting ■in a disagreement. It was tried again ■the same year and a verdict was returned for the plaintiffs. Then Studa■baker appealed to the appellate court ■where the verdict was sustained. A ■ e-hearing was asked and granted and ■the case transferred to the supreme ■court. Yesterday they reversed the decision and the case will likely come ■back here for trial. ■ The opinion was by Judge Jordan states: In an action to s t aside ■i deed made by a person of unsound ■mind it is necessary to allege that ■grantee knew of mental condition of ■grantor. Such a deed is voidable, not ■void, when such unsoundness of mind ■of grantor had not been so declared, ■and grantee had no knowledge of ■same. Grantee is entitled to recom■pensation for considerations given for ■ such deed. Person attempting to set ■ aside such deed must allege knowledge ■of such facts upon part of such gran- ■ tee. Miss Katy Faylor was an eccentric ■ old maiden lady of Wells county, and of considerable worldly possession. A short time before her death she deeded a large farm valued at perhaps $12,000 to D. D. Studabaker, under contract that he was to rare for her for life and give her proper burial. As soon as her .relatives learned of he transaction they filed suit to declare her of unsound mind and to set aside the conveyance. During the trial of the latter suit, Miss Faylor died. Then the final suit was filed and then began a battle for the dead womans realty, but a few times equalled in the state. Both sides have spent a fortune in the suit. Should it come back here for trial as now seems likely, it would be the fifth trial. The costs here exceed $1,600, besides which there are costs in the Wells county courts, enormous attorney fees. The appeal cost Studabaker over SI,OOO, the reporters work alone being over SBOO. The array of legal talent during the trials was brilliant, including Dailey, Simmons & Dailey. Mock & Sons and Judge Sturgis, of Bluffton, and D, D. Heller & Son of this city on one side, and W. H, Eichhorn, Bluff ton. John Burns, Hartford City, U. S. Lesh, of Huntington, and D. E. Smith, I of this city on the other. The case I caused great interest in Wells county I during its pendancy and affected the I result of a primary election there In I 1904.

TERRELL IS STILL CRAZY. His Daughter Visits Him But Sees No Chang*. Richmond, Ind.. Feb. 25. —Mrs. Lucy Terrell Wolfe, daughter of John W. Terrell, who recently gained much notoriety as a patient at the Eastern Indiana Hospital for the Insane by preferring charges against Dr. S. E. Smith, the superintendent, has returned to her home in Wells county after a visit to her father. She is Quoted as saying that she did not see any material change in his condition. Mrs. Wolfe says that as her father made no reference to the letter he had written, she refrained from saying anything about it. Terrell made no request for an effort to obtain his release and Mrs. Wolfe says no steps have been taken to bring it about except by the circulation of a petition at Hartford City. The family has not interested itself in any project of this nature. Mrs. Wolfe did not express an opinion as to her father’s sanity. o The interior of the Niblick store is undergoing a complete overhauling, including new paper, varnishing of the wood work and many other improvements. When completed this popular dry goods store will present a very neat appearance. Note their announcement elsewhere in regard to low prices on blankets.

MR. BOSSE LANDS BIG ONE. “Under Southern Skies" to Appear Here Monday Night. The appearance of Lottie Blair Parkers delightful play, “Under Southern Skies," is an event that should be looked forward to with interest by our theater goers. The company is a large one, numbering twenty-three people. The scenery is beautiful, everything used in the representation being carried by the company. The costuming is quaint and pretty, the gowns being of airy summery stuffs, made in the fashion of 1875, which is the period of the play. A Halllowe’en celebration during which a pumpkin dance is introduced, is one of the lively features of the performance, and never fails to delight an audience. Beautiful Southern melodies are introduced throughout the play with great effect. The story of the play is both strong and interesting, and is relieved with much comedy wihch is contributed by the darky servants and by their masters and mistresses, who are of the South, ern arstocracy. “Under Southern Skies" is one of the big successes of recent years and no one who enjoys a first class play, presented in a first class manner, should fail to see “Under Southern Skies" at ,the Bosse opera house on Monday, March 2.

LANDEDGOOI) ONE Decatur Furnace Company Gets Large Juicy Contract HAVE GOOD BUSINESS Lands a Fifteen Thousand Dollar Contract at Cleveland The Decatur Furnace company is smiling behind another contract, the largest and best ever landed by this growing Decatur concern. The contract in question calls for $15,000, and is for water boes for the city of Cleveland. It was landed through the personal efforts of Manager Smith, and is a card in his behalf as an expert in the line of landing good contracts. Since assuming charge of the furnace company, Mr. Smith has many times demonstrated that he knows a thing or two about the business of such a concern, and this Cleveland deal makes him ace high with every one who owns a piece of its stock. Since coming into charge he has landed several good business deals, and what is better, still has his mit out for more of the same kind. The Decatur Furnace company bids fair to outrival their fondest hopes for the second year. Their present contracts mean several additional molders and laborers, and if Manager Smith does not soon stop to catch his breathe an addition to their factory buildings and facilities thereabouts will be inevitable.

ESTABLISHED NEW SYSTEM. Myers-Dailey Clothing people Have Late Improvements. That the Myers-Dailey clothing company are among the most progressive merchants in the city is evidencd by the fact that they have equipped their popular place of business with the most modern conveniences. A fewweeks ago this store was repapered and in other ways remodeled and during the past few days they have established the rack system of displaying their clothing. By this new system any one who desires to purchase a suit of clothes, can select same and find his right size without the aid of a salesman. The prices and sizes can be seen at the first glance. The equipments of this store are as modern as in any city. A number of Decatur people went to Geneva this morning where they will attend the Harry O. Grove sale today. This is expected to be one of the largest sales held in that section of the county, as Mr. Grove expects to sell everything preparatory to leaving about March first for Texis where he will make his future home. Mr. Grove has a section of land in Texas and expects to devote all his time to farming.

Decatur, Indiana, Wednesday Ev&iing February 26 1008.

MAY BUY SUPPLY Sunday Creek Coal Man Warns the City Councilmen STRIKE MAY COME Safe Thing to Avoid Inconvenience is to Buy Advance Supply Mr. Taylor, a representative of the Sunday Creek Coal company from whom the city receives her coal under special contract, was in the city today attending to business matters pertaining to his company and while here was in consultation with the purchasing committee and endeavored to urge upon them the advisability of taking on an extra supply of coal in view of the fact that the miners were again getting restless and were about to ask for an increase in price for mining, which would be opposed by the operators and would in the end result in another strike which would mean a shortage of coal. Although this is an uncertain thing. Mr. Taylor’s advice to the city “dads" was that they fortify themselves during the next thirty days with a little over supply of coal so in case the unexpected happened that the city would be in a position to run without any delay That the miners are again getting restless is evidenced every day by the newspaper reports sent out from these mining districts and to be on the safe side in case the strike did occur it would be better to have an over supply than a shortage. Mr. Taylor presents the condition of affairs as they really exist and does not insist that the city take this action, but merely advises that it is always best to be on the safe side. The councilmen have the matter under advisement and it is possible that they may order a hurry shipment of eight or ten extra cars other than their ordinary weekly shipment, and if trouble arises they will be in a position to keep the plant running without any inconvenience to any one.

LECTURE PLEASED DeWitt Miller Appeared at the Bosse and Delivered a Fine Lecture FIRST OF THE COURSE “Reveries of a Bachelor” Furnished Many Humorous and Serious Thoughts DeWitt Miller, first of a series of lecturers to appear here under the auspices of the Knights of Columbus, addressed an audience of several hundred people at the Bosse theater last evening. He was introduced by Mr. H. J. Yager at 8:15 and for nearly two hours delighted his hearers. His subject was “Reveries of a Bachelor” “Love, Courtship and Matrimony.” Mr. Miller is himself a bachelor, and though we would guess his age at near the three score mark, he insists that he not be classed among the “old” bachelors. His talk was filled with humor, at times causing the crowd to fairly scream with laughter, again he brought them near to tears when he recited instances showing the love often exhibited in the homes; still again he reminded one of a political orator as he drove home fact after fact to prove his position on certain statements. The two hours passed all too quickly and a majority of the audience would have preferred to have remained much longer. The K. of C. lodge should be complimented upon the opening of their lecture course and the next number should attract an audience that will fill the opera house. o - Mrs. John Niblick left this morning for Indianapolis, to attend a meeting of the executive board of state federation of clubs, at which meeting a program will be arranged for the state meeting to b e held in the near future. Mrs. Niblick will be absent for several days, as it will take that long to attend to all preliminary matters.

HE IS WORKING POLITICS. Governor Ha n ly Sending Out Two of His Famous Veto Messages. Governor Hanly issued a statement explaining why he is sending out from his office in pamphlet form several hundred copies of his veto messages against the bill calling for the repeal of the metropolitan police law, Senate Bill No. 89, known as the insurance bill, and the bill providing that the state shall pay to Vincennes university $120,548 for land which it was alleged belonged to the university and had been sold by the state. All of these bills wree introduced in the last legislature. The Vincennes university bill was passed over the governor’s veto. In the cases of the other two bills his veto messages were effective. In his explanatory statement the governor makes reference to the scandal which has been unearthed in Marion county affairs and comments on the work of the governor’s executive accountant, who keeps a close watch over the accounts of all state officers. Governor Hanly declares also that he is a candidate for no office, and he has no interest at stak in the coming conventions and election, beyond a profound concern for the welfare of the commonwealth.

THREE WERE FINED For Hauling Heavy Loads Over Pike Roads When in Thawing Condition OTHERS TO FOLLOW Affidavits Have Been Filed Against Twenty-Five French Township Men Judging from the number of affidavits filed, the prosecutor is determined to rigidly enforce the new law concerning the hauling of heavy loads over pike roads when they are in a thawing condition, as twenty-five men of French township have already been notified that affidavits have been filed against them. The accused are Messrs. Ralph H. Grove, Henry Meyers, William Yager, Edward Bietler. William Bietler, Henry Bluhm. Ray Bluhm. Julitjr Erhart. Ephraim Kipfer, Fred Hohler, Noah Moser, Gust Kleckman, EH Levy, Henry Levy, Arthur Baumgartner, Amos Steffen. Alfred Hanna. Cornelius Baumgartner, Lewis Baumgartner, Lewis Baumgartner, Sol Neuenschwander and Joseph Rinehart. Affidavits were also filed against Allen Isch, Sam Lieburg and another, all of whom paid their fines yesterday after entering a plea of guilty. The action of the prosecutor is meeting the hearty approval of all and is the only means by which the roads can be preserved.

GOOD TURN OUT DESIRED. Decatur Business Men Should Attend this Meeting. It is urgently requested by the Commercial club that every business man of Decatur turn out Thursday evening and attend the mass meeting to be held at the Commercial club quarters in relation to the proposed extension, at eight o’clock sharp. This meeting means much to every business man and should be largely attended. If you have the welfare of your business and the city at heart attend this meeting and assist in taking some definite action in relation to assisting the traction people. o The condition of D. A. Walmer is reported much better today and his chances for recovery are regarded as more favorable than at any time during the past two weeks. His mind seems clearer today and this morning ,he called for his children to come into his room and talked to them. He is. of course, still in a weak and critical condition and must have weeks of careful nursing and attention, even if the conditions continue favorable. —Bluffton News. The condition of William Rinehart who has for several weeks been suffering from cancer of the liver, is reported as being no better, and still is in a serious condition. The attending physicians do not (hold forth much encouragement to the relatives and friends. ■

THE ‘PHONE MEN Second District Meeting Was Held at Fort Wayne Yesterday A CLEARING HOUSE * Steps Taken Toward New Means of Handling Exchange Business F. M. Schirmeyer, manager of the Citizens’ Telephone company of this city and Dr. M. F. Parrish, of Monroe, 'yesterday attended a meeting of the second district of the Indiana Independent Telephone association, held at the Waye club. Fort Wayne. Among the important business transacted was some primary action toward establishing a state clearing hous e for the settlement for interchange of long distance business. Routing and rates for long distance business were two of the themes which were under extended discussion. and a committee of one member from each county was named by President Moellering to issue maps of this and adjoining districts, showing all the Independent toll lines and indicating how the long distance business sholl be routed. The same committee wa empowered to deal with the question of rate adjustment. This is said to involve only isolated cases, some of which the telephone men believe should be reduced and others advanced slightly to establish a more t uiform scale for the telephone service. It is also said that these rate adjustments do not contemplate anv change in the general average of rates for long distance service. In connection with the meeting there were many reports from individual companies, all of which showed phenomenal growth during '.ha past jeer o Mrs. F. N. LaDelle and daughters, Mildred and Hazel, are spending the day at Fort Wayne with friends.

WITH GLAD HAND State Chairman Jackson to Be Here on Friday of This Week AT HEADQUARTERS State Chairman Desires to Meet Every Democrat in Adams County Democratic headquarters is going through the clensing process, and Chairman Gallogy is making all necessary arrangements for a reception there to Hon. Stokes Jackson, chairman of the Democratic state committee. The state chairman will be here Friday from one until four o’clock and desires to personally meet every Adams county Democrat. Mr. Jackson is getting right into the harness and promises to visit every county in Indiana, and to personally see that nothing is lacking in organization to carry the state tor the Democrats. Democratic headquarters should be filled and overflowing with the faithful and we dare say that it will be. Those from the country should come in. greet the state chairman and give him that encouragement which will send him on his way rejoicing. Chairman Gallogly will make all necessary arrangements and it is his desire that the hosts of the Adams county Democracy greet Mr. Jackson upon his first visit to our midst. o Edmond Huffner, the specialty artist who is working at the Pictorium. entertained several large houses again last evening by his work. Mr. Huffner's rendition of The Holy City by whistling was fine and he was roundly applauded for his clever work, which he certainly earned. His imitation of the bag pipe also produced much laughter. Mr. Huffner is a clever artist, and you should hear him I at this favorite play house.

MEDICAL INSPECTION WANTED. Dr. Hurty Wants School Childr«n to Take Medical Examination. Dr. J. N. Hurty, secretary of the state board of health, believes it would be advisable to bring before the next legislature a bill providing for medical Inspection of school children of the state. Dr. Hurty lectured at Terre Haute last Wednesday, and while he was there he took time to make an inspection of some of the schools. His investigation was superficial, but he found fifteen defectives. Four of these children will never live to maturity unless their environments are changed and they are carefully cared for. One little girl was suffering from tuberculosis Dr. Hurty has received a letter from the medical society of the county of New York asking in regard to medical inspection of the schools in Indiana. Dr. Hurty replied as follows: “I am ashamed to says that Indiana hs no statute compelling the medical inspection of school children. It is a further mortification to say that no city in the state has medical school inspection, although every one of our cities have churches.

SOCIAL COLUMN Miss Isabelle Spuller and Mr. Joseph Meyers Weded this Morning WAS HAPPY EVENT Delightful Afternoon at the Patterson Home Yesterday—Club Meetings A very impressive wedding of this morning was when Miss Isabella Spuller and Joseph Meyers were united In marriage at the Sr. Marys church at 9 o’clock. The nuptial mass was read by Rev. Theo Wilkins in presence of a number of friends. The bride wore a beautiful suit of purple voile with a hat to match, her only attendant was Miss Clara Tonnellier, a niece of the groom. The groom was attended by Tony Heckman, nephew of the bride The happy couple left immediately after the ceremony for their new home on a farm three miles west of the city, where an elegant wedding feast, was served at twelve o’clock. Mr. and Mrs. Barney Plock and daughter Nora, of Fort Wayne, were guests at the dinner and wedding. The bride and groom are well known young people in this city and vicinity, and highly thought of wherever they go. The Democrat extends congratulations to the happy couple. Another sleighing party of Monday evening was given by Joe Palmer at his home, three miles south of the city. Music, games, taffy pulling and excellent time all the way around were the chief amusements, with an elegant luncheon at the close of the evening. The guests were: Mr. and Mrs. Henry Gunsett, Mr. and Mrs. Wm. Parent, Mrs. Celia Zeser, Frank, Roma, Omer and Bernard Parent, Fred and Joe Colchine. Misses May Carrier, Angela Kintz, Bessie McGath, Effie McGath, Lewis Kintz. Mr. and Mrs. Geo. Kintz Herbert, Andy and Bernard Kintz. Mrs. Theresa Schafer, Frank, Eddie, Will and Dan Zeser. Eddie McGath. One of Hie most delightful sleighing parties that was held in the vicinity of Williams was the one at the home of Mr. and Mrs. John G. Hey. on last Sunday evening. Games and music was the program of the evening. Those present were: Misses Lydia Wodman. Bertha Biebrick, Nova Klopfenstine, Freda Ehlerding, Melia Klopfenstine, Clara Ehlerding. Hannah Jaebker, Stella Klopfenstine. Sophia Jaebker, Katie Kirschner, of Preble. Louise Zwick and Bertha Zwick, of Williams; Miss Andalia Fuhrman, of Fort Wayne; Messrs. Fred Linnemeier, Herman Wefel. Henry Kirschner. Rudy Linnemeier, Oro Newhard. Wm. Wodman, Martin Ehlerding, of Preble, and Mr. Fred Franke, of Allen county. A very prettily appointed dinner of last evening given at six o’clock was the one by Mr. and Mrs. Wash Gilpin at their home on Ninth street to the (Continued on page 3.)

Price Two Cent#

CONVENES MONDAY District Conference Will Be Held at M. E. Church Next Week SPEAKERS OF NOTE Will Deliver Interesting Lectures in Behalf of the Christian Cause What will no doubt be one of the most important events in the history of Methodism in Decatur, will be the session of the Fort Wayne District conference, to be held at the M E. church the first three days of next week. Each of the six sessions promise to be most interesting as is evidenced by the following program: Monday Evening. March 2, 1908. 7:30 Devotional Service.C. U. Wade 8:00 Sermon Edwin H. Hughes After ServiceJ. C. White Tuesday Morning, March 3. 8:00 Communion Service.C. U. Wade 8:30 Organization and Appointment of Committees. 9:30 Address —The Preacher’s Aid SocietyT. J. Johnson 9:50 Reports of the Presiding Elder 10:00 Reports of the Pastors and Non-Effective Preachers. 11:00 Address to the Pastors and Nqn-Effective Pdeachers.. H. N. Herrick 11:20 Address. "Ministerial CourtesyW. J. Myers 11:40 Discussion, led by..C. H. Brown 12:00 Adjournment. Tuesday Afternoon. 1:30 Devotional Service.C. M. Hobbs 2:00 Reports of Local Preachers and Exhorters. 2:30 Address to Local Preachers and Exhorters. ,H. W. Rennerte 2:50 Reports of District Stewards. 3:20 Address to District Stewards B. S. Hollopeter 3:40 Reports of Presidents of Ladies' Aid Societies, Woman’s Foreign and Woman’s Home Missionary Societies. 4:20 Address to the President of the Ladies’ Societies C. A. Ro wand 4:40 Helpful Suggestions W. E. McCarty Tuesday Evening. 7:30 Devotional Service W. B. Freeland 8:00 Lecture.. .Bishop J. H. Vincent Reception in the parlors of the Church. Wednesday Morning, March 4. 8:00 Devotional Service.R. L. Semans 8:30 Miscellaneous Business. 8:50 Reports of Ciass Leaders. 9:20 Address to Class Leaders..., Sherman Powell 9:40 Reports of Sunday School Superintendents and of Epworth League Presidents. 10:20 Address to S. S. Superintendents and Epworth League Presidents T. M. Guild 10:40 Address. Bishop John H. Vincent 11:20 Address, "The Hospital".... W. D. Parr 11:40 Helpful Suggestions.C. E. Line 12:00 Adjournment. Wednesday Afternoon. 1:30 Devotional Services Chauncey King 2:00 Reports of Committees. 2:20 Examinations of Candidates for License to Preach in open ConferenceChr. Committee 2:50 Address to Candidates for License to Preach. Frank Lenig 3:10 Granting and Renewal of Licenses to Local Preachers and Exhorters. 4.00 Address. “Old Peoples Home" M. A. Harlan 4:20 Helpful Suggestions p. E. Powell 5:00 Adjournment. Wednesday Evening. 7:30 Devotional Services , L. M. Edwards 8:00 Sermon T - K Oecil After Service . ...G. W. Martin There is at present quartered at the sale stables on First street one of the prettiest bunches of horses ever shown in Decatur, all of which will be put on the block next Friday and sold to the highest bidder. The horses are of the heavy draft kind which are now in demand in every market and they are being admired by hundreds of people. This is a ffreat chance, Mr. Farmer, to secure a good farm horse at a right figure SO you had best attend this sale as you may secure a bargain.