Decatur Daily Democrat, Volume 7, Number 20, Decatur, Adams County, 23 January 1909 — Page 1

Volume VII. Number 20.

THE PAILLE CASE The Portland Sun Gives Extended Account of the Amish VOTE OF JURY They Took But Four Ballots and Were With the Plaintiff All the Time After exactly three hours deliberation the jury in the Paille-Swartz damage suit agreed upon averdict at 1:30 o’clock Friday morning. Their finding was read in open court at 9:30 o'clock Friday morning in the present of the plaintiff and all of the defendants who had remained in the city to hear the result of this, the first case that they had ever stepped from the rule laid down by their peculiar belief—the Amish—and permitted to be tried in a court. The evidence in the case was completed shortly After four o'clock on Thursday afternoon after having occupied the attention of the court and jury for two and one-half adys. On the first ballot the jury stood 9 to 3 for the plaintiff and on each of the three successive ballots another one of those holding for the defendants was won over to the plaintiff's side. The trouble in reaching a verdict was on the amount of damages to be awarded, some holding for the full amount asked for while others believing a SIOO judgment sufficient. The SI,OOO verdict was finally agreed upon as a compromise verdict. Paille when congratulated by the spectators in the conrt room Friday morning after the verdict had been read, acknowledged the expressions of the people in the most pathetic manner. His eyes .filled with tears as he said that it was not the money he desired in bringing the suit against his fath er-in-law and twelve other members of the Amish church for the alienations of his wife’s affections, but that he was prompted to the suit through his desire to have his home restored to him in the true sense of a home with all its comfoits and the associations of his wife and little son. th elatter but four years of age and just now at the proper stage in life to be a blessing to him and his wife. He also stated that he was glad of one thing and that the attitude of the citizens of this city during his short stay here. He also expressed his appreciation of the verdict of the jury, not for the amount of judgment rendered in his favor but for the act that it showed him that they all believed in demonstrating that the constitution of the United States and the laws of Indiana especially must be obeyed. He says now that he thinks the rising generation of Amish children will be more impressed with the idea that the rules of the church, in which they are taught to consider first above all else are a secondary matter as compared with the state laws. He still contends that the Amish written lawA contain no clause whereby one of the members Is prohibited from taking out insurance on his property but that this rule is a communitymade one and pertains only to that division of the sect residing in Adams county. - —o THE PROHIBITIONISTS TO MEET Their County Convention is Called for Next Tuesday. The Rev. J. H. Hector (the black knight) of York. Pa., and Prof. F. W. Lough, of Indianapolis, will speak at the county Prohibition convention to z be held in the Christian church Tuesday, Jan. 26, 2 p. m. and 7:30 p. m. The purpose of this county convention will bo to select delegates for a district convention and elect county officers for two years. Prof. Lough, Prohibition state chairman, will speak in the afternoon and Rev. Hector in the evening. Mr. Hector is a fullblooded negro, and for more than twenty years has been on the platform in behalf of*the Prohibition cause. 1 He comes highly recommended, having the endorsement of the leaders of the temperance reform not only in the United States, but Canada and England as well. The public is cordially Invited to hear this remarkable man. ■

DECATUR DAILY DEMOCRAT.

ARGUMENTS FOR NEW TRIALLawyers for John Stout Pleading for a New TrialIn the circuit court at Fort Wayne Judge W. C. Watkins today heard a motion for a new triul in the case of John Stout, convicted in December of murder in the first degree and sentenced to life Imprisonment at Michigan City. The motion and argument will be based upon the point in law that the court allowed a lot of impeaching testimony to go in against Mrs. Herman Miller and John Baker, who were used as witnesses, and that Judge Erwin and Phil B. Colerick for the defense were not allowed to introduce testimony to show than there were circumstances pointing to another as probably guilty of the murder of Marshal Columbus Croy. There is little liklihood that a new trial will be granted as the judge ruled on all the points he will be asked to reverse himself on and in that event Stout will be sentenced and removed in a short time to the prison. TO DROP CONTEST Democratic State Committee Will Not Push Their Case HAVE NO MONEY The Legislative Contests Will Be Presented to the Committees Indianapolis, January 23. —Other than the presentation of the evidence gathered in the hearing of the SimonWickey contest at Crownpoint, and that gathered in the Madden-Williams contest in Warrick county before the house committee on elections, the Democratic state committee will take no steps toward unseating the Republican members of the house,whose seats are being contested, or the Republican state officials, whom the Democrats have been threatening to unseat. The subcommittee of the Democratic state committee, including J. F. Cox of Columbus, representing the Democratic state candidates, determined not to push the contests. The state committee at its meeting on Thursday left the matter with the subcommittee, which consisted of Chairman Jackson and Peter Foley, chairman of the Fifth district for final disposition. The three men held a long conference yesterday afternoon with Governor Marshal. Neither member of the committee nor Governor Marshall gave any statement for publication, but it became known that the committee had decided to report to the Democratic state candidates today that the contests would not be pushed. The matter was gone over thoroughly with Governor Marshall, it was said. Chairman Jackson authorized the announcement that the evidence gathered in Lake county would be presented to the house election committee. Some of the candidates, including Burt New and ’Judge Cox, have mot looked with favor upon the proposed contests, while John Isenbarger and Marion Bailey, the former being the candidate for state treasurer and the latter being the candidate for state auditor, have been in favor of pushing the contests. The state committee and the candidates realize that at if best the proposed contests would result only in a long drawnout fight before the legislature with the senate ruling against the Democrats and possible litigation for the next two years. o— DEATH OF DR. JOHN DeVOSS A Nephew of L. C. DeVoss Died at Winchester. Dr. John DeVoss, of Winchester, and a nephew of L. C. DeVoss of this city .died at five o’clock last evening after a several weeks’ siege with typhoid fever. He was a popular young man, a dentist by profession, and leaves a wife and two small children. His father died there a few weeks ago, just at the beginning of the Drs. illness, having succumbed to heart failure, and died within a few min[utes thereafter.

Decatur, Indiana, Saturday Evening, January 23, 1909.

BONDS ALL SOLD Bonding Houses Pass Favorably on the Last Issue THE DELINQUENTS Treasurer Lachot is Still After Them—Tax Du- plicates Word comes that the bonds for the Preble-Kirkland, W. A. Bowman, W. A. Tieman, William Gallmeyer, E. H. Faust and Henry Wafel macadam roads, have passed muster with the bonding companies, and will be taken immediately upon their signature by the proper county officials. The bonds are now in the hands of the lithographer and it is hoped to have them here ready for signature at the meeting of the board of commissioners, the first day of the coming month. Should the bonds be taken as nowarranged, work upon the construction of the contracts will begin just as soon as the weather permits in the spring. The county treasurer is still working and sweating a little trying to get in the fold the few straggling delinquents remaining on the delinquent tax list. The number is now below the dozen mark, and they will get several sizzling reminders before the tax sale on the second Monday in February. The tax duplicates for the use of the county treasurer will be turned over to that official in a day or two. They are practically completed now, save for a few minor additions and that will be done and the books turned over in a day or two. o J. H. Heller returned today from Indianapolis to spend Sunday with his family. He will return to the capital city tomorrow night. o HE IS PRESIDENT Clarence L. Ayres is President of Northern AssurI ance Company I ■ ■ ■■■ * I IS GOING SOME ( The Rapid Advance of a Former Decatur Young Man I At Detroit the other day Clarence L. Ayres, a former Decatur boy was i I ' elected to the responsible place of: president of the Northern Assurance company, one of the strong companies of Michigan, and doing a large and lucrative business in that state. Mr. Ayres since his advent, into Michigan has demonstrated his ability and developed into one of the best and most capable insurance men there, as his election to the presidency of his company suggests Their home office is in Detroit, but they do business of an extensive character in many of the important states of the union. As president he will direct the affairs of the company to even greater success than they have attained in the past. Their annual meeting was un- 1 animous for the selection of Mr. Ayres and the reports at that meeting indl- , cated a prosperity that was gratifying to the stockholders of the company. Mi. Ayres occasionally gets back to Decatur to see his old friends, but it has been some time since his last ' visit. His friends here will nevertheless wish him that continued good luck and prosperity w-hich he has so justly earned in his present field of labor. o————— Rev. Wise is in the midst of an interesting protracted meeting in the country, which is being well attended and is very interesting. Several new converts have joined the church and the prospects are good for several more.

FAMOUS PLOPLE BY FANNIE M. LOTHROP London Steraoteopto FLORENCE NIGHTINGALE The Angel of the Crimea Tn her home in the West End of London, passing the days of the late Autumn of her life in an invalid chair, lives a white-haired, sweet-faced, kindly-voiced noble woman, whom the world knows as Florence Nightingale. Born in 1820 in Florence, Italy, the daughter of a wealthy Englishman, under his loving tutorship she mastered the classics and literature, became a good musician and learned several languages. She had a genius for helpfulness, a consecration to humanity that found expression in sweet ministrations of love and care of the sick and suffering. In nursing she saw a noble career for women and in 1849 went to a Protestant school for nurses, on the Rhine. On her return to England she assumed management of a sanitarium for invalid governesses. In 1854 England was roused to a white heat of indignation by the revelations of the horrors of the hospital service of the Crimea. Government incompetency, imbecile red tape, rascally dishonor and criminal neglect in treating the sick and wounded soldiers made mere war Itself a paradise of mercy by contrast. Dante’s Inferno seemed a mild bit of imagination in the face of the real horrors at Scutari, with four miles of beds huddled in one three-story house. Florence Nightingale volunteered to lead a band of women to transform the hospitals in the name of humanity, and in November, 1854, with thirtyeight nurses she reached Scutari. Her magic touch brought order out of chaos; the sunshine, sweetness and soothing peace of woman’s work filled the rooms; the ghastly mortality was reduced to a minimum; soldiers ■wounded and dying kissed the shadow of the angel of the Crimea as it fell across their counterpanes or reverently touched the hem of her garment as she passed near them. Often for twenty hours at a stretch she stood giving her orders —the noble leader of her little army of peace; and her kindness, wisdom, sweetness, energy, influence and inspiration seemed inexhaustible. For two years she kept up the fight and with health Impaired returned to England, shunning all publicity. The £50,000 testimonial tendered her by the people, she refused, but finally accepted to found a training school for nurses. By penny subscriptions the soldiers secured enough to erect a statue to her memory, but this, too, she rejected. For nearly fifty years she has been an invalid, and yet this “Grand Old Woman of England,” at the age of eightysevenls still serene, sweet,helpful and contented, with a name that will be hallowed as long as the British army and the British nation shall endure. Copyright, 1906, by Wm. C. Mack.

JUDGE BAGOT AGAINST THE LAW Says Three Mile Extension Law is Unconstitutional. Anderson, ( Ind., January 23.—That the three-mile gravel road law is 4mconstitutional was the opinion handed down by Judge Charles K. Bagot, of the Madison circuit court, in sustaining the complaint of Willis S. Ellis to enjoin the Madison county commissioners from letting a contract for the paving of a street under the provisions of the three-mile road law. Petitioners for the proposed paving of west Eighth street filed a demurrer to the complaint of Mr. Ellis. The court overruled the demurrer, and in doing so held that the law for building or improving a road of three miles or less in length was invalid. Judge Bagot held that the legislature creating the three-mile road law did not intend that the road law should be applied to streets in cities and towns. Further the court held that the act does not specify that streets are ’included in the provisions of the law. The court also Titled that a corporation or city has absolute control over its streets, and that there is a conflict of authority between city or town authorities and the county bcardls on improvement of streets under the gravel toad law.

SAY THEY WON’T PAY IT. A Portland dispatch to the Muncie Star has this to say about the Paille damage case: It has just been announced that Bishop Joseph Swartz and the other numerous defendants named in the case will not pay the one thousand dollars awarded George E. Paille against them by a jury in the circuit court here this morning for the alleged alienation of the affections of his wife, Katie Paille, until the highest court of the land has said that the verdict is a just one, and that their rules must to that extent yield to the law of the land. Even then, they say they cannot conscientiously and voluntarily make any payment of this kind, but rather would they suffer their lands to be sold. It is said they will leave tne state before they will change their church tenets a single lota.

POSTAL SAVINGS Col. Foster Makes a Speech Against the Proposed Law GIVES REASONS Says It is Socialistic and Against Spirit of Constitution In an address before the Indiana Retail Merchants’ association, Col. D. N. Foster, of Fort Wayne, who is president of the National Retail Furniture Dealers' association, vigorously

opposed the postal savings bank plan summarizing his Objections to the uroposed law as follows: “It is socialistic and contrary to the spirit of our institutions. It is an uncalledfor invasion of private rights. There is no more call for the government to embark in the banking business than in She clothing nr furniture business. St would result in draining rural and sparsely settled portions of the country of their surplus money, so much needed for local development, by transferring It to a national bank center, to be again transferred in a large measure, to the great monetary Centers of the large cities. It would seriously affect, if not cripple, the state banks, trust companies and savings banks, which are now doing about 70 per cent of the banking business of the country. It would be a dangerous centralization of power in the hands of the postmaster general, who is given the authority to select such particular national bank as he may desire to make the beneficiary of the system in any city where more than one such bank exists. _ o Horse buyers who purchased horses at the big sale yesterday were busy today shipping the animals to the eastern markets. The sale was a decided winner from every viewpoint.

A CLEVERLY WRITTEN DRAMA The “Cowpuncher” is the Coming Attraction at the Bosse. A bright, cleverly written drama, “The Cowpuncher,” will be seen at the opera house for an engagement of one night Tuesday, Jan. 26. The play is by Hal ffeid and is one of the strongest dramas produced this season, but in its construction, the dramatist has not sacrificed naturalness for cheap effect and the plot Is one that depends on the merit of the exceptionally fine company that has been engaged by W. F. Mann, the producer, rather than on Impossible situations for its strength. Its scenes are laid in Arizona. There is a charming love story running through the play and an abundance of cletin. neat comedy. In point of costumes and scenery the production is elaborately equipped and it is conceded that “The Cowpuncher” is one of the season's most successful productions. Watch for the man with the rope. o TAFT WILL BE GOOD He Will Take Care of the South in Federal Appointments ADDRESSED SENATE Senator Beveridge Heard Again—A White House Statement Washington. January 23. —The politicians here are greatly interested in the apparently authentic announcement from Augusta that Mr. Taft intends to discontinue President Rosevelt’s referee system of distributing federal patronage in the south. The Washington Times correspondent, with the president-elect, has this to say of Mr. Taft’s decision: “The referee system has been considered the root and cause of all the rottenness and objectionable features in the southern Republican party. Under its working, two or three men in each state have constituted themselves a committee to decide who shbuld get the federal appointments in their states. Owing to the political remoteness’of the south, the government at Washington has been accustomed to take these men’s recommendations as conclusive and to make the appointments according to their recommendations. Under this regime the federal offices in the south have been manipulated in a manner which has not helped the Republican party in any of the states. Favoritism crept in and self-constituted committees dealt out the ‘pork’ as they saw fit.” Washington, January 23. —Senator Beveridge addressed the senate eloquently in support of Senator Knox's amendment making an appropriation for a survey for a great national highway, to be known as the Lincoln Way. It is expected that the highway, if constructed, will become as famous in the world's history as the Apian Way of the Romans. It is proposed that It shall extend from the City of Washington to the battlefield of Gettysburg, where Lincoln delivered his immortal speech at the close of the civil war. The Knox amendment, after long debate, was adopted by a vote of 46 to 34. Senator Beveridge argued that the nation owes it to the memory of Lincoln to build fcr him something more than a commonplace memorial. Washington, January 23.—The White House authorized the Indianapolis Star to deny in as emphatic a manner as possible the oft-repeated

assertion that President Roosevelt is trying to involve Vice-President Fairbanks in the proceedings that have been instituted against the Indianapolis News for alleged criminal libel. The White House statement is as follows: “The president is not trying to implicate Vice-President Fairbanks in any way in the proceedings against the Indianapolis News. That report apparently is being circulated for a purpose, which is to divert attention from the real issue in the case.”

Price Two Cents

MAKING THE LAWS Some of the Measures Under Consideration by the Solons PROGRESS IN SENATE Several Important Measures Have Been Made Special Orders Indianapolis, January 23.—The possibility of a fight on the floor of the house against the bill known as “the governor’s bill” naming the employes of his office and fixing their duties and salaries, confronted the house at the opening of the session yesterday.

but the minority members, from whom opposition was expected, decided to wait until second reading of the bill. The majority report for passage was received by the house without comment. The ways and means committee had been unable to agree on the measure—that is, the minority members. King, Babcock, Fitch and Eschbach, could not see their way clear to sign a report for the passage of the bill. They decided not to sign a minority report, however, merely reserving the right to oppose the measure on the floor. Nine bills were called up on second reading and advanced to engrossment. The most important of these were one by Harlan, which provides that when there are vacancies in petit juries, the vacancies shall be filled with persons whose names are drawn in the regular manner. The bill was amended by Pearson to include grand juries and the amendment prevailed. Another bill by Harlan, providing for contests of elections in which voting machines have been used, was advanced to engrossment, and another one was a measure by Cox to pay a claim to W. H. Prapier, once a stenographer in the legislature. The first real conflict of the session in the house broke out yesterday morning over the Strickland bill, embodying Governor Marshall's ideas Ifor preventin'® naturalization and election frauds such as are complained of in Lake county. The Republican members lined up together to insist upon amendments offered from their side, but were voted down. They

obtained, however, the postponement of action until Tuesday at 2 o'clock, fcr which time the measure was made a special order. Senator Halleck’s bill, which provides for remonstrances against petitions for road building under the three-mile law, was reported by the ccmmitte on roads for indefinite postponement, and the Mattingly bill, which makes road building unAppropriate religious services will with, the county commissioners, was reported favorably. Both reports were adopted. Some of the friends of the Halleck bill may make a fight to substitute the-Haleck bill for the Mattingly bill when the Mattingly bill comes up on second reading. MACADAM ROAD CONTRACTS Several Contracts to Be Let at Bluffton Soon. The gravel road contractors are getting ready for the next letting of roads in this county, which will be in February. There will be nearly as large a crowd of contractors at the letting of these roads as there were at the letting of the roads Dec. 31, from present indications. As a result the commissioners feel assured that

the prices will be right, as the contractors will all put the roads down as low as possible. The craze to file gravel road petitions has nearly stopped, the townships being nearly all bonded as much as is possible, while many of them have more roads sold than the law will permit bonds to be issued for. These roads will remain over until part of the present gist of bonds are paid off. then the bonds for the roads will be sold and the contractors will be able to go to work. —Bluffton Banner.