Decatur Daily Democrat, Volume 7, Number 49, Decatur, Adams County, 26 February 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 49,

EARLY HISTORY Judge Merryman Gives History of Early Happenings to Himself IS CELEBRATING Thirty-Three Years Ago He Came to Decatur to Act as Deputy Clerk Judge J. T. Merryman while in a reminiscent state of mind this morning disclosed to several members of the bar ana a representative of this paper that just thirty-three years ago today he came to the city of Decatur and entered upon the duties of Dep- j uty Clerk under Byron H. Derft, and thereby hangs a tale. During the late ■war betwen the north and south Byron Dent and Charles W. Merryman both ■entered the services of the north and -went gallantly to the front to fight for the right, and while in the service both were captured at the same time, and when taken to prison under a heavy guard these two men held a very earnest conversation the result of which was that if Mr. Merryman died while in captivity Mr. Dent was to look after his son, now Judge Merryman, and vice versa. However both were liberated and after the war returned to Adams county where they took up their respective vocations of life. In the year 1870 Charles W. "Merryman died, thus leaving Judge TMerryman and the other children in tcharge of the farm, the judge soon after accepting a position as school teacher in one of the country schools, and it was while performing these duties that Byron Dent was in the year 1874 elected county clerk of Adams •county. In 1875 the year he was to | .take his office he summoned Judge I Merryman to this city and taking . "him to the court house basement told "him the above story and then inform■ed the judge that he was now ready to make good his word promised to his lather during the war. and then in- i tormed the judge that he was going to | ■appoint him deputy clerk, and on that ■day Judge Merryman assumed his duties, and ever since that time he! has been a resident of this city. Af[ter leaving the clerk’s office, Mr. Merryman engaged in the law business, (Continued on page 2.)

OIL FINE LIMITED Judge Anderson Cuts the Maximum to $720,000 A BIG VICTORY • "Retires 1,426 Counts—Jurist Sees Disastrous Effect on Anti-Trust Laws Chicago, Feb. 26.—A great victory vas achieved by the Standard Oil 'company today and the federal anti • trust laws suffered a serious loss in force when Judge A B. Anderson reduced the number of offenses with which the oil corporation is accused to thirty-six, cut down the possible maximum fine from $29,240,000 to $<20,000 and directed the retirement of 1.426 of the counts in the indictment. The action of Judge Anderson did not take the form of a final order. That ,he said, he would not issue untlll the case was complete and he was in possession of all the evidence. So definite was the decision, however, that District Attorney Sims and Special Prosecutor Wilkerson were ordered to drop all but thirty-six of the original 1,462 counts. Tn making the declaration of his views and indicating defintely the ■course that was to be followed in the second trial of the Indiana offspring of the Standard Oil company of New Jersey, Judge Anderson touched on the possible disastrous effect of his drastic ruling on the force and effect of the anti-trust laws. “That, however,'- declared the court, “ir> a consideration that has no weight with me whatever. I am not concerned with the effectiveness of the stat-

utes other than as It falls to me to apply them. If the view that I have taken has the effect that has been stated, that is a matter of law-makers, not judges ot consider.” This sweeping declaration of the court's views followed many hours discussion of the question of the unit of offense, in which John S. Miller, !for the Standard, argued that there . was but one offense and Mr. WilkerI son. for the government, argued that . there were some 500 distinct offenses. “I might as well say at the outset,” said Judge Anderson, when the attor- ! neys had finished, “that I don’t think the case before us presents only one possible continuous offense. I don’t think that is a considerdation this court ought to thing about at all. This case has been passed on by the court of appeals, and that was an argument the court of appeals did not encourage. “On the other hand, I have not been able to figure out just what the government’s contention is. The counsel for the government has said it was all very clear to him. It may have been my fault that he did not make it perfectly clear to me. But if we start to ,find units in this case we can keep on getting units almost indefinitely.”

COURT HOUSE NEWS Two Cases Were Tried in the Circuit Court Today VERDICT RENDERED Jury in the Haugk vs. Place Case Returned a Verdict in Favor of Plaintiff In the case of Julius Haugk vs. J. W. Place et al. the jury returned a verdict at two o’clock, the same being in favor of the plaintiff and fixing his damages at the sum of $125.00. The case of Jerome B. Carter vs. Charles Mathewson was called this afternoon as we go to press, this being an action for damages, in which the plaintiff alleges that he sold to the defendant a horse, spring wagon and set of harness for the sum of $50.00 the property to be delivered to the defendant at once, but the ownership in the same to remain in the name of the plaintiff until the same was paid for. It further alleges that the delivery was made and within one year after that time the defendant sold the property to other persons and collected more money than what he purchased the outfit for and then refused to settle with the plaintiff for the balance due him, and converted the same to his own use. The case will be tried before the court, the plaintiff being represented by Peterson & Moran and the defendant by D. E. Smith.

The case of the Monitor Oil Company vs. The City of Decatur was tried this afternoon and the case ■will no doubt go to the jury about four o’clock. The »il company is represented by D. E. Smith and the City by City Attorney L. C. DeVoss. The evidence in the case of Julius Haugk vs. J. W. Place et al was all introduced late yesterday afternoon and this morning the attorneys in the case argued the same. The case went to the jury at noon today and as we go to press they had returned no verdict. The case was a very complicated one and under the circumstances not much evidence could be nitroduced by either side. The treasurer’s office is again at this time a very busy place and Treasurer Lachot and his staff of employes are constantly kept on the jump attending to the wants of those who desire to pay their spring installment of taxes. A deed was filed in the recorder’s office this morning to be recorded by J C. Glendenning who purchased a one-half acre tract of land in Wabash township from Anthony Glendenning for the sum of SI,BOO. Not many entries were made on the court docket today and for this time of the year the court house was an exceptionally quiet place. o— Mrs. David Flanders who has been critically ill for some time, is reported as beng much improved .

MATTER SETTLED The Loss Sustained by Dallas Butler is Adjusted AGENT WAS HERE And Compensated Mr. Butler in Satisfactory Manner The matter in regard to an insurance policy which was supposed to have been written for Dallas Butler, which has been the source of considerable contention was settled today when H. Friedly, state agent for the Northern Insurance company was here and effected a compromise with Mr. Butler. It will be remembered that the outbiulding belonging to Butler caught fire some months ago and together with its contents burned to the ground. Butler contended that he had engaged the local agent of the insurance company to write a policy covering the risk which was not done and as a consequence he was the loser. Through his attorney, C. L. Walters, a demand was made on the company by Butler for the loss which figured about S2BO, and as a result the representative was sent here to bring about an adjustment of affairs. The matter was settled this morning satsafactorialy to all concerned and Mr. Butler wais paid a neat sum in consideration thereof. The representative of the insurance company returned to his home at Cincinnati this afternoon.

BOY ACTORS IN TROUBLE. Punished by Tipton Court for Luring Girls Away. Tipton, Ind., Feb. 26.—Walter and Harry Campbell, the young vaudeville performers arrested here on a charge of luring away from home and mistreating two young girls of Atlanta, came rom Richmond, Ind., instead of Chicago, which they first gave as their home. The younger lad, who says he is only 14, was sentenced to the reform school by Judge Nash, then released on suspended sentence. The older boy could not give bail on two charges brought against him and is a prisoner at the county jail until the court takes action in his case.

LIFE’S WORK O’ER Rev. D. C. Schenck Passed Into Eternity Last Evening AT THE AGE OF 75 Was Formerly Pastor of Decatur U. B. Church After six years suffering from paralysis in its worst stage the Rev. D. C. Schenck, of near Pleasant Mills, former pastor of the local U. B. church and the father of Miss Ella Schenck who, when located in Africa as a missionary was brutally murdered by the natives, died last evening at eight o'clock. Thus a life of usefulness has returned to whence it came, for Rev. Schenck was a man of high ideals, righteous principles and pure character. He was born near Fredericksburg, Maryland, and when but a boy went with his parents to Ohio for abode. After remaining there for some time they came to this vicinity locating near Willshre. It was while living there that the decedent studied fcr the ministry, which resulted in ministerial career of forty-five years, which was most successful. The deceased also taught school for several years and in this as in every walk of life he attained a recognition which comes to those who are mindful of their duties. About fifteen years ago Rev. Schenck was assigned to the Decatur pastorate of the United Brethren and during his stay in the city he made a multitude of friends who now join the bereaved family in their sorrow. Five years ago the deceased

Decatur, Indiana, Friday Evening, February 26, 1909.

was afflicted by a stroke of paralysis and since then has been practically helpless, although he did not become ar invalid until one year ago. He has suffered much pain and death came as sweet release from the pangs of suffering attendant to the excruciating ailment. Rev. Schenck was willing to go. He has done a good work, he has lived his life well and he was ready to meet his Maker. A great loss has been rendered to the community as a result of his death; Adams county mourns the loss of an esteemed citizen and the residents of St. Marys townhip are deploring the demise of a true brother and neighbor. Surviving besides a large following of grief stricken riends, are the following children who, beside the widow are left to mourn the loss of a devoted father: John, Rollo, Charles, Mrs. Ida Fishbaugh,Mrs. Curtis Campbell and Miss Grace Schenck. The funeral services will be held from the Decatur U. B. church Monday, the cortege leaving the house at 12 o'clock interment to be made at the Decatur cemetery. The wife of the deceased is a sister of S. B. Fordyce of this city. The deceased was seventy-five years old.

FORT WAYNE DRY? Reports Are Out to Effect that Petition is Circulated IN ALLEN COUNTY It is Claimed that Fort Wayne and County Will Go Dry A report comes from Allen county to the effect that the temperance forces are busy there circulating a petition for a county option election, and although our information in regard to same is meager, we are reliably informed that a large number of names have already been secured. The people in the counties located in the territory contiguous to Fort Wayne, in which the saloons have been voted out, have fostered the idea that the summit city would thrive at the expense of citizens residing >n the surrounding communites as a consequence of the abolition of their saloons and the retaining of Fort Wayne soloons. Al|len county residents in large numbers are willing to wager that not only the county will be voted dry in the near future, but that the city will be carried by the drys. That a movement is on in our sister county is undeniable and from the reports received in this city the saloons there are doomed. It has been said that five per cent of the voters had already signed the petition, and but little difficulty is being encountered by the temperance people. It is not improbable that an election will be held in Allen county within a few months and thousands of people will eagerly await the results. o WANTS POSSESSION OF ALLEYS Judge Dreibilbiss Will File Replevin Suit. Fort Wayne, Ind., Feb. 26. —Judge R B. Dreibilbiss announced this afternoon that he would file a replevin suit on behalf of W. R. Porter to gain possession of the Brunswick alleys, which have been operated under a lease for about a year. It is likely this will be followed by a transfer of the property to William McKay, who put in the alleys several years ago. The lessee failed to meet notes that were due on the property and as he has been unable to make the business pay and it was decided to relieve him of the lease and to put the property back in the hands of the original owner. The judge announced that immediate possession of the property will be taken. o LAST QUARTERLY MEETING Os the Conference Year at Evangelical Church. Don’t forget the quarterly meeting which is to be gin this evening at the Evangelical church of this city. It is the last of the conference year and wll run over Sunday. Preaching this evening, Saturday evening, Sunday morningand Sunday evening 7:00 o’clock of each evening., Rev. E. O. Landeman, of Fort Wayne, an excellent speaker, will offidiate. You arc invited to each of these services. D. O. Wise, Pastor.

ARE THREE MORE Fayette, Hendricks, Fountain Join the Dry Column A CLEAN SWEEP Vote in Each County Heavy and the Victory Was a Sweeping One In three more counties of Indiana the voters yesterday expressed by Urge majorities their disapproval of licensed spoons, and as a result fif-ty-three of these places in the three counties will be closed. Covington, Ind., Feb. 26.—Great enthusiasm prevails in Fountain county tonight over the victory of the temperance forces, who carried Fountain county today by a majority of 1,945. More than 80 per cent of the entire vote of the county was cast today. Every precinct in the count ygave a “dry” majority except one in Logan township. By the time the polls closed it was evident that the “drys” had won, but the majority was a great deal larger than the most ardent supporters of the proposition could hope for. The election will affect thirtytwo saloons in this county, although a few will run until next fall. Five or six applications will come up before the commissioners next Monday. Connersville, Ind., Feb. 26.—Fayette county joined the list of “dry" sections of Indiana today by a substantial majority, shown by the complete unofficial returns to be 850. The total vcte was: “Drys” 2,295; “wets” 1,445. The city of Connersville gave the “drys” a majority or 343, the “wets" carrying only two precincts in the county, the second and third, which had been conceded to them by the “drys.” The “wet’’ majority in these precincts was 43, in the second and 40 in the third. The ninth precinct, which was expected to go against option by fifty or more, gave the “drys” a majority of six. The “dry” majorities ranged from six in the ninth precinct to 10J in Jennings township. When sufficient returns were received to justify the “drys” in claiming a majority of 800 business in the headquar(Continued on page 2.)

DAMAGE IS PAID George Paillee Nets $668 as Consequence of Civil Action THE AMISH ELDERS Paid Amount—Paillee Will Ask Court to Restore Wife to Him The final and closing chapter of the Amish case, in wrich George Paillee sued his father-in-law,Joseph Swartz, and other leaders of the church, for the alienation of his wife's affections, was written yesterday morning, when Faille, accompanied by his attorney, Frank Cottrell, of Berne, went to Portland, filed receipts obtained from a number of his witnesses for the fees taxed to him, paid the remainder of the costs and obtained the amount of the judgment, which was paid to the clerk several days ago by the various defendants. Os the total $61.85 costs taxed to him, Paille filed receipts for $29.85 and paid the remaining $32 in cash. His attorneys had filed liens on the judgment or $306, so that the actual amount received by Paille as a balm for the injury done him was $668. The witnesses whose fees were not remitted, were Hanvey Lawson, Martin L. and Phillip Smith, Elmer Baumgartner, Ollie Blowers and James Lawson. In conversation I with a representative of this paper yesterday morning Paille stated that his home life still remained the same as previous to the trial. His wife still lives at his home, cooks his meals

and keeps house for him, but their relations are not as man and wife. They are allowed to converse only on subjects absolutely necessary. This is as a result of a ruling of the church elders. Paille stated that his desire for money as a balm for his broken home was slight. His object in the last trial was to secure a reconciliation with his wife’s people, that he once more might provide for her and their little son. He hopes that by waiting the church officials will see the error of their ways and give back to him his wife and child. If this is not done in time Paille will ask the count to order her restored to him in the true relationship of man and wife. He can only speak in terms of regard for her, and often during the conversation at the mention of her name his voice would choke and for several minutes he would be unable to proceed with his story. Paille said that his wife is anxious and willing to once more live with him and that the sentiment in his neighborhood is all for him. It is very likely that unless his wdfe is again restored to him, another suit will result, as Paille is determined to end his present manner of living. —Portland Sun.

ARE GETTING BUSY Both House and Senate Working Hard at this Time LOTS OF NEW LAWS A Number of Bills Passed by Both Branches and Will Soon be Laws The Tomlinson option repeal bill came up in the senate late yesterday at last, but the expected fight did not develop then. Shortly after 4 o’clock the wishes of the large number of spectators in the senate chamber and Democratic senators were realized for the senate committee on public morals made its long-delayed report on the Tomlinson bill. The report was divided. The majority report for the indefinite postponement of the bill was signed by the Republican members of the committee. Senators Mattingly, Bowser, Crumpacker, Orndorf and Cox. The minority reported in favor of passing the bill with amendments. The minority report was signed by Senators Patterson and Farrell. The amendments were those already published as having been prepared by Senator Proctor increasing the maximum license fees, clearing up the provision about country saloons and providing for option elections by cities as a whole. The biggest surprise of the day was sprung when the Republicans consented to the adoption of the minority report and the bill was sent to engrossment. On a motion of Senator Proctor only the ccmmitee reports with amendments proposed will be printed, and the hard fight on the merits of the bill will not come until it is called up for passage. Both Republicans and Democrats acted as if they were treading on thin ice during the entire time of consideration of the committe reports. Both were wary, as if looking for treachery, but by the action of the senate it was generally conceded that the two parties had the whole arrangement “cocked and primed." Several ot the Republican senators did not care to go on record on the adoption of one of the committee reports. When the senate convened again in the afternoon, after having attended the joint session in the house, where United States Senator Beveridge spoke, the first bill called up for passage was Representative Seidensticker’s bill in the interest of Herron Art Institute and the schools of Indianapolis. The bill permits a tax levy of one-half cent on every SIOO taxable property in Indianapolis to contribute toward maintenance of the art institute. Under its provisions the sum of about $7,000 could be paid to the institution annually and in return the institute would give the teachers of, the city schools training in the funda-1 mentals of art and the galleries of the; institution would be open to the children of the city schools. Senator Harlan briefly explained the provf- i sicns of the bill and it passed by a ; vote of 42 to 0. I - i Representative Kleckner’s bill, de- i (Continued on page 2.)

Price Two Cents

ABOUT THE SICK 1 . -— ; Many Decatur People ‘ Are 11l at this Time k I ' SOME ARE SERIOUS I David Eley is No Better— Mr. Kennedy is 11l There are a number of people in Decatur who are quite seriously ill at present and for some there are but slight hopes for their recovery. The changeable weather has been conducive to illness and a large number of cases of lagrippe have resulted as a consequence thereof as well as rheumatism patients. Mrs. H. Krueckeberg is critically 111 at her home northeast ot the city. Seme time ago she was the victim of a long and tedious siege of typhoid fever and recovering from that her mind became somewhat affected. The condition of Mrs. Krueckeberg is serious to the sorrow of her many friends and acquaintances. David Eley who for several months has suffeerd much pain and who has been hovering between life and death for some time is still in death’s shadow with chances for his recovery slight. Mrs. Harvey Sprague is dangerously ill. She has been suffering for several weeks and her condition does not improve. Mrs. Pendleton Rice grows weaker each day and it is thought that it is but a question of time until her soul will be ushered into eternity. The friends are still entertaining hopes however. Mrs. Margaret Coffee is among the sufferers in the city. Extremely serious is her condition which has caused . alarm among her many friends. Though suffering untold pain the condition of Theodore Kennedy is ’ not dangerous. He has been confined to his home for some time on account of an injury received. , o , MAKE STATEMENT ; Management of the Furnace Factory Issues a Report L . OF THE CONDITIONS i I Shows a Marked Increase in the Business Done i i The management of the Decatur 1 Furnace factory has compiled a statement of the conditions of affairs at ! this institution revealing the encour- , aging fact that the business has greatly increased’with the passing of the months. The statement a copy of 1 which is to be forwarded to each ‘ stockholder has to do with the re- , sources and liabilities ot the company. • The resources of the company for the • year ending May 1, 1998, aggregated : $64,060.30, and the liabilities, slo>,- ■ 137.10, the net resources being $53,t 923.70. The resources as reported j February 1, 1909, aggregate $67,896,01 ■ with liabilities in the amount of sl2,- ■ 724.48 and net resources $55,170.53. ■ Net gains for nine months is $1,246.38. The output of the plant, according to ■ the statement .was light on May 1, 1908, but it has greatly increased since I until the foundry is now prducfng jsixty tons of castings a month. With the contemplated addition to the foundry in use the output can be increased to 200 tons per month. Manager Smith has faithfully worked to guide successfully the interests of the concern. He has had the hearty cooperation of the stockholders and citizen and the report shows the results.