Decatur Daily Democrat, Volume 7, Number 63, Decatur, Adams County, 15 March 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 63.

GALLMEYER CASE Is Set for Trial Tomorrow— May Prove Interesting Legal Battle NEW TURN OF AFFAIRS Fred Jaebker Deeds the Farm Back to William Gallmeyer A law suit which is set for trial in the Adams circuit court for tomorrow is that of Conrad G. Gallmeyer, trustee vs. Edward Gallmeyer ct al, injunction, quiet title and damages, and if it comes to trial, will prove a hard fought and interesting legal battle as real estate cases go, that is to say that a very lange number of the good citizens of Preble township are more or less anxious about the result. The complaint has been explained several times, and the suit is the result of a will which Grandma Gallmeyer left when she died several years ago leaving a valuable farm in Preble township to her son Wilhelm, with the provision that he was to pay the various other heirs certain amounts and was to care for a sister during her life. After- about two years the burden weighed too heavily on Wilhelm and he asked to be released. The heirs were called together and an agreement reached whereby Conrad Gallmeyer was selected as trustee and authorized to sell the farm for $7,200, the money to be divided among the heirs. Shortly afterward. Wilhelm Gallmeyer seems to have reconsidered his action and he sold the farm to Fred Jaebker of this city. A mixup resulted by the filing of this suit which has been discussed by various attorneys for several monhts and the cause finally set for tral. There seems to be some question as to whether the case will proceed tomorrow, though it is not otherwise known. A new turn in the case came Saturday ajfternoon when Mr. Jaebker deeded the farm back to William Gallmeyer for the -same consideration he had paid, $3,595. Just what effect this will have Is not known, but attorneys say this will not end the litigation as the heirs have not had the use of the farm for some months. TO PASS “EXAMS” First County Diploma Examination Will Be Held Saturday DECATUR AND BERNE A Number of Students Will Try for Their Diplomas Now comes the time of year when the boy or girl who wishes to graduate from the common school department of our educational institutions begins to quake, for he must needs pass the necessary examination for a diploma that will show that he has spent his school days well. The first of the series of three examinations for this purpose will be held in this county next Saturday, the pupils from the northpart of the county taking the '‘exam.” at the Central building in this city, while those from the southern half will report at Berne. It is expected that quite a large number will try for their diplomas at [this time, it being stated that about ■twenty from this city alone will get “busy. The second examination will kn *l-- *1.4—3 Gntnrzln w <T» XA<C=4U VU LUV tUHU *** April and the third and last will be yield on the third Saturday in May. (County Superintendent Opliger will Shave charge of the work at one of -the places and will deputize some to act similarly at the other.

WILL SPEAK IN NEW YORK Indianapolis, March 15. —Governor Marshall accepted an invitation to make one of the addresses at the banquet of the National Democratic club at the Savoy hotel, New York city, April 13. The invitation was delivered by a representative of the club who called on the governor while on a special trip made to invite Governor Marshall, Governor Harmon, of Ohio, and Governor Johnson of Minnesota* All three have accepted. They are the only governors of the north, and with Senator Benjamin F. Shively, recently elected from Indiana, constitute the most important democratic officeholders north of tho Mason and Dixon line. HE GOES TO PRISON Adam Mosure Gets a Sentence of Two to Fourteen Years ANOTHER DECISION The Davis Estate is Settled by the Wells Circuit Court Bluffton, Ind., March 15—Arguments were made Saturday in the Adam Mosure rape case in which he was trying to get a new trial, and perhaps save himself from a term in the prison north. The motion for a new trial was refused, however, and sentence was passed giving the accused from two to fourteen years in the Michigan City prison, to which place be will be taken in a few days to serve his sentence. Attorneys for the defendant will appeal the case to the supreme court in the hope of getting a reversal. They based their contention on errors in the trial of the case, and also they alleged that the evidence did not justify conviction.

Bluffton, Ind., March IS. —Judge Sturgis has rendered his decision in the case involving real estate worth $15,000 to $20,000, in which the five daughters of the late Milton Davis fought to secure quiet title to 160 acres of the finest farm and in Rockcreek township. The defendant was Mrs. Delilah Davis, of Henry county, widow of Milton Davis and step-moth- ■ er of the five plaintiffs in the suit. The daughters based their suit on the ground that their step-mother waived all her rights to any portion of the estate, by signing an ante-nuptial contract, which was submitted in evidence. Mrs. Davis, off the witness stand, denied knowledge of any such contract jever ‘being drawn, and claimed the signature to the paper was not her own. She was not permitted to testify, however, for the . reason that the other party to the contract, her deceased husband, was I not living to testify, but her two children were put on the witness , stand and denied that the signature was that of their mother. The plain- ' tiffs brought a preponderance of evidence, however, that convinced the ' court of the validity of the contract, and although Mrs. Davis’s attorney wished to submit interrogatories and ' ask for special findings, the court stated immediately upon the resting of their case by both sides that he ( was ready to render his decision, and he. found for the plaintiffs. i ERMAN MENTZER INJURED Former Decatur Man Receives In- ' Juries. Erman Mentzer received a painful ( injury while helping move a piano . into the Eagles hall over the Progress 1 store yesterday afternoon. At the j first landing of the stairs the piano 1 slipped and the leg of Mentzer was i caught between the instrument and 1 the wall. The limb was badly mashed I above the ankle and Mentzer had to 1 be taken to his home in a rig. He i was better last night, however, and able to be on the streets with the use of a cane. The accident of i yesterday was the third that has be- i fallen Mentzer in a few months : while he was helping move pianos and i he begins to feel that the musical in- < struments are his jonah.—Bluffton - Banner. 11

CLEVER LECTURE Dr. Wilcox Lectured to Large Audience Last Night ON “THAT BOY” Knights of the Holy Grail Attended in a Body “That Boy” proved a well selected theme for a scholarly lecture by Dr. C. B. Wilcox last evening and before a large and enthusiastic audience the minister pursued a line of thought which touched upon the different phases of boyhood. The Knights of the Holy Grail attended the meeting in a body and were greatly inspired by the educating and greatly beneficial address. Early in the evening the auditorium was taxed to its capacity and for the accommodation of those in attendance it became necessary to seat a number of peoplein the lecture room. Dr. Wilcox delineated his theme in a most entertaining manner, at times evoking laughter from his auditors by humorous expressions which were fitting to the occasion. He told of the possibilities of young men who have no more than ordinary environments and made the statement that every young American can. succeed by leading a clean life. The speaker emphasized the fact that some of the most responsible positions in the country are occupied by comparatively young men. He continued: “Parents too often banish from the life of their son the nature he possesses and they invariably fail. Boys are sometimes too much restricted and are deprived of the enjoyment that was intended for them.” The discourse was educating, it was interesting. MANY BIDDERS Sale of Twelve Thousand Dollars in Building Bonds BUILDING NEEDED A Building Needed for the Transaction of the City Business Inquiries continue to come to the city clerk and other city officials, asking about the city buildng bonds that will be offered to the highest and best bidder at the council chamber tomorrow evening. It is likely that a number of outside representatives of bonding houses will be present and make an effort to get this issue of bonds. The total amount is $12,000, and the rate of interest, four and onehalf per cent, and they being noninterest bearing makes them worth the having. Several local people would like to get them, and it is hoped they will succeed- Should the bends sell, plans for the new city building will go forward without delay, and it is hoped that long before the ending of summer that the new city building will be a reality. There are many features that make this building a necessity and among them is the need of city offices, where records belonging to the city may be properly kept and where the business of the city may be done in a business way. Another urgent need comes in the betterment of the fire department, and a place where the hose may be kept In away that it’s life may be prolonged and where too, the other fire apparatus may have the care and custody which it needs. There is a thousand other reasons why a city building is among the urgent needs, but every one knows them by heart already. O" ■ The annual celebration of the Missionary Society Os the pTeSb y cei iau church will be held at the home of Mrs. F. M. Schirmeyer on Mercer avenue, Thursday evening. Aii excellent literary and musical program will be given. Refreshments will be served. The public is invited.

Decatur, Indiana, Monday Evening, March 15, 1909.

MAY TRY IT IN ALLEN An Enthusiastic Meeting Held There Yesterday. While no definite announcement of an intention to call a county option election in Allen county was made, tbe intimation that such a step would be taken ere long was plainly made by the Rev. N. C. Shirey at the temperance mass meeting held yesterday afternoon in the Wayne street Methodist Episcopal church. The meeting may be said, therefore, to have marked the actual opening of a campaign against saloons in Allen county. Mr. Shirey, who is superintendent of the Fort Wayne district of the Anti-Sa-loon league, presided at the meeting, which was addressed by Judge A. Z. Blair, of Portsmouth, 0., and at the conclusion of Judge Blair’s speech the superintendent called for campaign funds and expressed a hope that a test of the anti-saloon sentiment would soon be made here. —Fort Wayne Journal-Gazette. o ■ ■ - ■ THE NEW MEMBERS Indiana Congressman Are All in Washington THE PLUM TREE Many Hungry Officeseekers Will Be Disappointed Washington, March 15. —The new Democratic members of the house of representatives from Indiana are here for the special session of congress, which began today. They are: John W. Boehme, of Evansville; William A. Cullop, of Vincennes; Ralph W. Moss, of Clay county; Charles A. Korbly, of Indianapolis! Martin A. Morrison, of Frankfort, and Cyrus Cline, of Angola. W. O. Barnard, of Newcastle (Rep.), who succeeds Jas. E. Watson, has been here all week getting his bearings. The newcomers will not find their duties arduous during the special session. They will be without committeeships, and if legislation is held down to the tariff, as it probably will be, they will have nothing to do but vote two or three times and run errands for their constituents. Washington, March 15. —Those officeseekers who expected March 15 would bring a vigorous shaking of the plum treet will probably be disappointed. The white house information is that the president will not be ready to send many appointments to the senate this week and possibly not for two or three weeks. The president has been pressed for time the last week, and, aside from seeing callers and working on his message to congress, has given scant attention to matters before him. His desk is (Continue don page 4.) ■ ■■ ■ CANNON RE-ELECTED SPEAKER Debate is Now In Progress Over a Change In the House Rules. Washington, March 15.—(Special to the Daily Democrat)—Speaker Cannon was re-elected today, the vote standing Cannon 204, Clark 166, Cooper 8, Norris 2, Esch 1, Hepburn 1. On the motion to adopt the now famous objectionable rules, the previous question was ordered and carried, thus shutting off debate. The insurgents won, however, by defeating the objectionable rules by a vote of 185 to 193. Clark, the minority leader, thereupon moved the appointment of a commitfpp nn rules of fiffppn mombors and upon this motion he asked the previous question but the roll call was against him. Debate then began on the proposed new rules.

CANNOT SURVINE Former Decatur Young Man Will Die in the West DEATH IS NEAR Tuberculosis Has Fastened Its Deadly Grip on Him A message bringing with it tidings of grief to a host of Adams county folk was that received by Mrs. George W. Patterson of Line street Saturday from Seattle, Washington, which stated that her brother, Berton F. Cox, many years a resident of this city, was lying at the point of death with no hopes whatever for his recovery. The young man left this city several years ago for the west in search of relief from chronic lung trouble and settled in Washington. Subsequent to his arrival in that city his health greatly improved and he secured the responsible position of traveling salesman for the Sugar Beet and Land company, discharging the duties characteristic to the position with much credit. However, his health began to decline again and his condition became serous suddenly whch prompted the sending of the above stated message. It is expected that death will occur in the very near future. A double sorrow overshadows the life of the afflicted young man. It has become known that he was engaged to wed a charming young lady in the west and their matrimonial inclinations have been abruptly brought to an end by the inception of the dread ailment, tuberculosis. The friends of the young man in this city are grief stricken over the sad news. BEGAN HIS DUTIES Paul Baumgartner is Now Deputy Auditor of the County RECEIPTS MADE OUT Treasurer’s Office Ready for Spring Payment of Taxes Paul Baumgartner began his duties at the auditor’s office today most of the time being spent in going through the various details of the work and in away getting a line on what has to be done and the way to do IL For the present he will still live on his St. Marys township farm, behaving just last summer built a modern and well arranged home, and his family as well as himself are loath to part company with it. Both he and his wife have spent a pleasant year on the farm, and paved the way for a country life that has proved enjoyable and profitable as well. Mr. Baumgartner being so familiar with official life at the court house, it will not be long until the labors in the auditor's office will be familiar and easy for him. The new accounting law increases the duties of an auditor not a little, and this fact made the need of more help there more imperative. The treasurer’s office today completed the work of making the receipts for the spring installment of taxes, and now all that remains is for every owner of a receipt to whack up. It is no little job to write receipts or every taxpayer in the county, and there came a breath of relief when the work was completed. o— The telephone girls were delightfully entertained by Miss Margaret Daniels at her home last night, and at the home of Miss Anna Martin. An excellent luncheon was served to the guests, who were the Misses Agnes Smith, Nora Henchon, Lily Walbolt, and Lettie Ford of Fort Wayne, Kittie Fought, Anna Martin. Ada Murray, Pearl Purdy, Bessie Garard, Gusts L Cramer. P

TO SOUTHERN INDIANA A. M. York Will Conduct Whip Stock Factory at Paoli, Indiana. A. M. York returned Saturday night from Paoli, Orange county, Indiana, where he selected a location for his whip stock factory. Mr. York was gone three days and while at Paoli was given much encouragement from the citizens of the town, they urging him to locate in their town. During the month of April he with his family will go to the southern Indiana town for future abode and with them will go the best wishes of their many acquaintances. Mr. York will remove his machinery to that place. baFlssociation Honored Memory of Deceased Brother, David Eley MET THIS MORNING Mr. Eley Was a Leading Attorney Here in Former Days The Adams County Bar Association met at 9:39 this morning to honor the memory of an esteemed fellow member, David Eley, who died Sunday afternoon. Mr. Eley was a member of the bar of this county, and his legal mind was one of the best and his training as complete as any attorney in the county, though for many years he had not practiced his profession. Thirty years ago he graduated from the University of Indiana at Bloomington, with the degree Bachelor of Law. Returning to this city he entered the office of France & Heller, where he studied for two years, when he opened an office for himself. He was very successful, served as justice of the peace for several years, was deputy prosecutor for the county for five years and represented this district two terms in the Indiana genral assembly. He was a deep student and had prospects of a brilliant future when his health failed and he left the practice and took up agricultural pursuits. At the session this morning Judge D. D. Heller presided, the president, R. S Peterson being absent. It was decided to attend the funeral services ir. a body and committees were appointed as follows: Resolutions, C. J. Lutz, L. C. DeVoss and R. S. Peterson; to confer with the family, A. P. Beatty, J. F. pnow and Judge Merryman; flow-ers, D. E. Smith, J. C. Sutton and J. C. Moran. The pall bearers as selected from the bar association were Messrs. P. G. Hooper, J W. Teple, D. E. Smith, A. P. Beatty, L. C. DeVoss and J. F. Snow. Upon motion it was decided to meet at the court room at 1:45 Tuesday afternoon to attend the funeral services. o I —— GREAT DAY FOR THE MASONS Vincennes, Ind., March 15.—Grand masters from three states and a number of Masons of high degree and high iu the grand lodge and a thousand Masons from neighboring cities and towns, including commanderies of Knights Templars from Washington, Terre Haute. Evansville, Princeton, and Olney ,111., came here Saturday to celebrate the centennial of Masonry in Indiana. Vincennes Lodge No. 1 F. and A. M. was one hundred years old, the oldest in the northwest territory, and is the host for the visitors. o TO BUILD PAROCHIAL SCHOOL Indianapolis, March 15l— A 'parochial school to cost $20(000 is to be erected in connection with the new Catholic church now under construction at North and Rural streets, according to an announcement made yesterday. The new churcb is being built by the Rev. George J. Smith, 1 formerly an assistant pastor of St. r Peter and Paul's Cathedral. The Rev. i Father Smith was removed from the C (cathedral parish several months ago p |to establish a new parish farther east, c

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LIFE GOES OUT David Eley Bids Adieu to His Earthly Friends ANSWERS CALL Has Been a Resident of County All His Life The outgoing of another long and useful life has been recorded in Adams county history in the demise Os David Eley, occurring at his late home on Third street yesterday afternoon at one o’clock. The illness of Mr. Eley extended over a period of many months during which time he suffered untold pain. A complication of ailments developed which together with the infirmities of old age, caused his confinement to the home for some time and the subsequent death. When Mr. Eey was eighteen years of age he began teaching school, continuing several years, during which he alternated attending college and teaching in the intervals. After graduating from the state university he entered the practice of law, which he continued for several years. In 1876 he was united in marriage to Mary C. Lang. He was a Democrat in politics and a member of the Sam Henry Grand Army post of this city. The profound sorrow of innumerable Adams county county folk has been signaled by the sad death. The deceased was bom in Adams county February 27, 1841, and during" his entire life has been a resident thereof For many years he resided on a farm near the Washington church and before moving to this city to live a retired life he had established a friendshp in that vicinity with his every acquaintance which held him in the high esteem of all. It was but a short tiirle after coming to this city that Mr. Eley became noticeably impaired physically and since that time ho has gradually declined until death came as relief from the awful pain. The deceased was a member of Co. K, 23rd Indiana Infantry, it being one of Gen. Sherman’s Indiana regiments for which he had high regard. Mr. Eley was with the regiment and participated in its marches and battles of 1864-5, he being with Sherman on his famous march to the sea. The funeral services will be held from the home tomorrow afternoon at two o'clock, Rev. Wilcox officiating. Members of G. A. R. will meet tonight at their hall to arrange for the funeral of their comrade. THE REAL STUFF Uncle Tommy Moran Receives Bunch of Genuine Shamrock FROM OLD IRELAND Will Pass It Out to Those Who Can Prove Their Rights Thereto Wednesday of this week Is ISt. Patricks day, an event always appropriately observed in this country as well as all other places where are found natives of the island of the Green. The day is looked forward to by a number of Decatur people, but by none more than by the veteran, Mr. Thomas Moran, a real son of Ireland. This year he is more than happy for on Sunday he received a letter from his two brothers who still dwell in the island across the sea and in this letter was contained a quantity of shamrock, not the imitation so often seen in this hoosierland, but the real thing. It came from Cahelra Cummer, Ireland, and while Uncle Tommy does not expect to be at all stingy In handing out bits of the precious plant, ho has already announced that there is positively qualification that a man must have to secure one of these national emblems of Ireland, and that is that he must be an Irishman—no Orangeman need apply. If you can prove your claim, get busy, but if you can’t, it’s no use.