Decatur Daily Democrat, Volume 7, Number 124, Decatur, Adams County, 25 May 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VTT.

Number 124.

UNDER RAILROAD TIES

Charles Baker Nearly Lost His Life this Morning SERIOUS INJURIES Were Received — Standard of Wagon Gave Away The standard of a wagon loaded with ties to be used in the extension of the Fort Wayne & Springfield Interurban gave way under its strain this morning near the Clover Leaf railroad, and the driver, Charles Baker, fell With the rolling timbers, sustaining injuries which may prove serious to the unfortunate man. Mr. Baker, seated upon the ties was driving southward on Winchester street. After passing 'the Chicago

& Erie track the whistle of a coming Clover Leaf train was heard, but the driver had plenty of time to cross the track before the approach of the passenger. He therefore drove on and just as the rear of the wagon was crossing the track a train came near, frightening the horses. The animals made a lunge forward and the jar incident thereto caused the standard of the wagon to break and the ties, heavy ones, fell from the wagon, Mr. Baker falling with them and several of the heavy pieces of timber dropped forcibly upon his body, inflicting awful wounds. Bystanders hastened to the scepe of the accident and hurriedly Rescued the injured man from his perilous position and a physician was called and the ambulance ordered. Mr. Baker was conveyed to his home on Tenth street, where an examination disclosed the fact that his right eye lid was badly cut in two places, right side of the head badly bruised, left shoulder injured and the breast crushed. The extent of 'the internal injuries will not be known until further developments of the case, and not until then will it be known how serious the injuries of the man really are. Notwithstanding the severity of the accident and its appalling results it is possible that Mr* Baker will recover, unless something nnforseen develops. Mr. Baker was in the employ of the interurban company when injured. He is suffering intensely at present. HAS OUT PARING KNIFE President Taft Wants Reduction in War Department. Washington, May 25. —President Taft sent back to the war department the estimates submitted to him for the support of the military establishment for he fiscal year 1911, and In* dicated his desire that they should be cut approximately $3(5,000,000. The estimates were prepared during Secretary Dickinson's visit to Panama and carefully scrutinized by Assistant Secretary Oliver, who reduced them to $171,650,000, $18,000,000 less than the estimates for 1910, but $16,000,000 more than the appropriations for that year. When Mr. Taft saw the figures he expressed his wish that they be $20,000,000 less than the appropriation for this year. Assistant Secretary Oliver has reduced the figures by $13,000,000, half the amount asked for by the president, and they have now been submitted to Secretary Dickinson for final consideration. If he reduces them to the extent the president wants them cut it will involve a still further cut of about 118,000,000. Army officers say the reduction in estimates if persisted iu by the president means practical!) So construction work for ths army during 1911. — o MRS. CLEVELAND HASTINGS DIES I Hartford, Conn., May 25. —(Special to the Daily Democrat) —Mrs. Anna Cleveland Hastings, a sister of the late ex-president, died today.

NEW CLAN TERRORIZES “WETS” i Tipplers Come to Grief in Strange Manner at Greenwich, Conn. Greenwich Conn., May 25—Worshippers of Bacchus in the village of Soscob and vicinity have lately become terrorized by what is said to be a mysterious clan which is w orking ia the interests of temperance in a most novel fashion. During the last month nearly every tippler in the place has come to grief. The latest case of misfortune happened Saturday night, when Special Officer Jones took into custody a very black man, who was later found' to be 'Charles Carolig. Carolig tried to tell his trouble to the policeman, but was hustled into a cell. When the jailer aroused the man yesterday morning by calling “Come out here, you nigger,” a torrent of profanity issued from the cell, and upon examination the keeper found that Carolig was a white man, but that a coat of stove blacking had been applied to him while he lay in an alcoholic stupor.

THE DEATH CALL Summons Mrs. Elizabeth Wetter, Mother of Mrs. John Fleming LIVED HERE A YEAR • Short Funeral Services Held Today—Remains Were Taken to Huntington Mrs. Elizabeth Wetter died at the home of her daughter, Mrs. John Fleming at about 12:30 o’clock this morning. She had suffered for many months from a complication of diseases and death came as a relief. She came to this city just a year ago lacking ten days, and had since | resided with her daughter on First street. It has been known for some weeks that recovery was impossible, I yet she bore her suffering well and met death as do those who have the knowledge of a well spent life. She was a member of the Christian chuch and a most devout worker. A few Weeks afeo the members of her church at Huntington sent a delegation here with flowers to brighten her days, and this beautiful tribute by those who had known her so long was greatly appreciated by Mrs. Wetter. This good lady was born in Tuscarawas county, Ohio, sixty-eight years ago, her parents being Abraham and Elizabeth Wisebrod. When thirteen years # old she came with her parents to Indiana and they settled in Wells county. When a young lady she was married to Mr. John Wetter of Huntington, and have spent the greater part of their life at Huntington. She is survived by four children, Mrs. Jacob Casper of near Geneva, Abraham Wetter and Mrs. William Houston of Huntington. and Mrs. John Fleming of this city, also by two sisters, Mrs. Chris Hendricks of Huntington and Mrs. N. Heiney of Fort Wayne, and one brother, Peter Wisebrod. of Huntington. Short funeral services were held from the Fleming home this morning, the Rev. Hessert of the German Reformed church officiating, giving a prayer, Bible reading and a few remarks, after which the remains were conveyed'to Huntington, Indiana, the party going by way of the Chicago & Erie railway. Funeral services will be held at that place tomorrow and the body laid to rest in Mt. Hope cemetery. Mrs. Wetter had a number of friends here (though she lived here but a short time and was an invalid, but ner sweet disposition and many kind words of cheer and advice attracted attention. married and did not want to Rev. Davidson is the Legal Husband of Miss Bunn. Washington, Indiana, May 25. (Special to the Daily DemocratlLaura Bunn is the legal wife of Rev. Elmer Davidson, the ceremony being a self pronounced one in a St. Louis hotel, where he took Miss Bunn and sayed there with her several days. Judge Haughton ruled that the agreement was legal in form and in fact.

IS HERE ON VISIT Ora Roher. of Bremen, Ohio, Has Arrived in Decatur BOUGHT A TEAM Os Horses from the Decatur Horse Company Yesterday Oro Roher, of Bremen, Ohio, for many years a resident of this city was in the city yesterday and purchased from the Decatur Horse company a team of excellent draft horses for which he paid a fancy price. Mr. Roher left Decatur eight years ago, going to Muncie, where he was a teamster in the oil fields. He remained there for some time, and when the oil field was. opened at Bremen, Ohio, he went to that place, where he has since been contracting as a teamster. He now possesses four teams, any of which is worth more than seyen hundred dollars, and he is doing a good business. Mr. Roher has four men working for him and he states that he has all that he can do in the new field. Mr. Roher will be remembered by many Decatur people as being the son of D. Roher. He resided in Decatur for many years, and while here enjoyed the friendship of a host of people. His parents have moved to Van Wert, where they now reside, together with Edgar, a brother, and several other children. Elmer Roher is located in Minnesota, where he has extensive land possessions, and he operates a blacksmith shop. COURT HOUSE NEWS

List of Judges Names Submitted to Select One do Hear the Lot Cases DIVORCE DISMISSED Cotirt Hold Plea in Abatement Good in Louthan Case —Other News Rosie Passwater vs. Charles Passwater, divorce, rule to answer absolute in seven days. Judge Merryman being disqualified to hear the cases of Frank M. Schirmeyer vs. Decatur Abstract and Loan Co., Henry Krick, John Schaffer and John W. Tyndall, he has submitted the names of Charles E. Sturgis of Bluffton, John F. LaFollette of Portland and O. N. Heaton of Fort Wayne, from which list of available judges the parties may choose a special judge to try this cause. The divorce case of Ellen V. Louthan vs. Howard T. Louthan was dismissed, the court finding for the defendant on his plea in abatement. The pleading was that both parties are residents of Ohio at this time. James W. Andrews, administrator of the Jane Andrews estate, filed a re-appraisement of the creamery stock.

Hooper & Lenhart have filed a new case, Ddcatur Lumber Co. vs. David E. Studabaker, suit on note and contract, demand SSOO. The complaint alleges that the defendant owes the plaintiff a note of $139.95 with interest and attorney fees and an open account or $235.20. Z A marriage license was issued to Edward Beitler, 28, a farmer from Jefferson township, to Sarah Zeler, 29, of Jefferson township. The case of J. B. Knpake vs. Ell Meyer et aj, injunction, wa« withdrawn and Prosecutor Heller immediately filed a test case against Joseph Tonnellier.

Decatur, Indiana, Tuesday Evening, May 25, 1909.

names the accounting board Governor Marshal Hands Out Some Nice-Looking Plums to the Hungry. Indianapolis, May 25. (Special to the Daily Democrat) —Governor Marshall announced the new board who will dfct under the public accounting act. William Dehority of Elwood, was named as chSef accountant, and William M. Fogarty of Indianapolis, and John H. Boltz of Winchester, as the democratic and republican deputies under the same law. The appointments will become effective June Ist. As will be seen two of these appointments come to the eighth district, and for that the governor is to be commended upon his good >dgment. o ANNUAL EXERCISES Seniors Will Receive Diplomas—Their Reward for Work this Year GOOD SCHOOL BOARD School Board Responsible for Advantages Offered by Decatur Schools The annual commencement of the Decatur high school will occur on Friday, the twenty-eighth. As the time draws near the Seniors are completing plans for that eventful evening. The program wi’l be as announced in the invita’ ons, and as follows: Vocal solo, ‘Ned Steele: invocation, Rev. D. O. Wise; violin, Anthony Holthouse; vocal solo, Clara Terveer; class address, Rev. L. P. Wickersham, of Des Moines, Iowa; quartet, Messrs. D. W. Beery, J. Q. Neptune, Ned Steele, J. O. Sellemeyer; presentation of diplomas, D. B.*ldrwin; benediction, Rev. Sherman Powell. DuYtng the four years of high school the graduates have become closely attached to the faculty, which is composed of William Beachler, superihtendent, C< E. Hocker, Rose L. Dunathan, D. A. Baumgartner, J. C. Tritch, Elizabeht (Schrock, Annette Johnson and Nora Del Smith. For a number of years the -school board Kas been taking very much interest in the work at the schools, and the progressiveness and good standing of, the Decatur schools are in a great measure the result of their zeal. Dore B. Erwin is president of the board; F. V. Mills, secretary; A. H. Sellemeyer. treasurer. After the completing of the program the president of the school board, Dore B. Erwin, who was chosen to do this, will de|(ver a short talk to the graduates and give them the irdiplomas. The diploma, the reward of their school work, is of great value as it admits the graduate into a university or college without examination. The class motto of the Seniors is “Confide Te” (rely on yourself). The colors are scarlet and gray, and the class flower is the pansy. The seventeen members of the class have had good instruction and they are well prepared for furtheir work in ether schools and most of them intend to take courses in college. The Junior reception is tomorrow night; the rose planting is on Wednesday; class day on Thursday and commencement on Friday evening. After commencement exercises the Senior reception will be given. And in the coming weeks there will be several class events to occur. . —. ... . 0 ... HE DROVE AUTO TOO FAST A Mr. Payne, with headquarters in Decatur, was arrested last night for driving his automobile through Berne at a too rapid rate. The Berne marshal filed the affidavit against him and the case was prosecuted by Attornej Chauncey Payne was fined $7.55 which he paid and was released from custody. .4'"' , ’ - ./

back to McGuffey Perry Lackey, a Showman, Makes «,a Getaway, But Was Captured Here REFUSES TO RETURN Requisition Papers Will Be Obtained and He Will Be Taken Back Perry Lackey, the strong man in an amateur show known as the Lackey show, is in jail here awaiting the , issuance of the necessary papers to take him back to McGuffey, Ohio, where he must answer to the charge I of jumping a board bill. He has been spending considerable time at that place, and his board bill assumed the sum of about twenty-five dollars, which he promised faithfully to set? ! tie last Saturday, but before that . time came, he realized that he would not have the change and decided to make his presence scarce. He accordingly walked out of town on Fri- . day fvening and came here Saturday. Yesterday Marshal Weiss of that town arrived and with the assistance of the officers here soon had Lackey under arrest. He refused to accompany the officers across the state line and is being neld here until l requisition papers are obtained. He is a brother of the Lackey who conducted a saloon here and had several k different kinds of trouble. His home is at Spencerville, Ohio, and he has been in the show business for several years, no doubt being used to such (Continued on page 2.) MAY TEST THE LAW I - Sunday Base Ball to Be Tested in the i Courts AN ARREST MADE The Test Case to be Rushed to the Supreme Court for Decision 1 » i Indianapolis, May 25. —Hearing that i an affidavit had been filed against > J him in criminal court charging him . < with breaking the law by playing base . ball on the Sabbath, Charles C. Carr, | manager of the Indianapolis base ball i club, went to the sheriff's office and ! was placed under arrest. He was rei leased immediately on S2OO cash bond. ■ The affidavit against Carr was sworn ! to by Frank F. McCrea, a business man, who is identified with a s mittee as business men formed for the purpose of testing the constitu- ■ tionality of the Sunday base ball act, passed by the last legislature. It has : been given out that the Indianapolis > Ministerial association has no active • connection with the committee of s! business men, and will take no part , in the test case. The date for the i trial of the case in criminal court has not yet been set, but arrange- ■ ments will probably be made for an I early hearing. After Judge Pritchard i has announced his decision in the I case an appeal will be taken to the supreme court by the losing side. It is not likely that the supreme court i will take action in the matter before • the base ball season is practically t closed. 1 o MAKE PLEA FOR JAIL INMATE 3 - f Shelbyville, Ind., May 25. —An ap- - peal will be made by relatives of Wil--3 liam Shepherd for his release from .. the Shelby county jail, where he was 1 confined fourteen months ago. 3hepRerd's imprisonment is telling upon im, his health breaking down to such an extent the services of a physician are needed every day. Shepn herd was arrested on the charge oi r assault and battery on a little girl e He was sentenced to six months in jail and a SI,OOO fine was imposed on n him. His mother is worth about that amount and she offered to pay it, but e I was prevented by her son. lie es d [caped once, but was captured a few •days later. »

STATES HAVE NO CONTROL It is Legal to Ship Liquor Into Dry Territory. Washington, D. C., May 25. —The supreme court of the United States In a case arising from New Albany, Ind., decided that a state cannot regulate the shipment of intoxicating liquor into its borders, as that is en- • tirely a function for the government to exercise under the interstate commerce clause of the? constitution. A licensed liquor dealer at New Albany shipped liquor into Hart county, Kv„ which is “dry” territory and prepaid tjie express charges. The consignee was W C.. Tharp, a resident of Hart county. Tharp was in the habit of becoming intoxicated and the defenI dant’s agent in Hart county knew this when he delivered the liquor. The commonwealth of Kentucky brought suit against the company to recover a statutory penalty of SSO and the supreme court holds against the commonwealth. o IS BADLY INJURED Judge Branyan, of Huntington, Trampled by Horse —lnjured Internally WELL KNOWN HERE Formerly Lived in Decatur and Frequently Held Court Here

Huntington, Ind., May 25.—Ex-Judge J. C. Branyan is in a critical conditio:i at his home on Etna avenue as a result of an accident in front of his home yesterday. Three months or more Judge Branyan has been in failing health, much of the time -confined to his home and bed. Recently he had been a little stronger and was able to visit his law office and the court house several times. It has long been a custom of the aged judge to hail a ride whenever possible from the vicinity of his residence down ; town and yesterday he stopped a i traveling salesman who’ was driving ■ toward the business section from the i suburban districts. As Mr. Branyan : attempted to pull himself up into the, I buggy, a sudden weakness came over i him and he dropped to the pavement 1 between the wheels of the rig and i the horse, slightly frightened, began i backing. The front wheel passed over his body and the horse trampled him several times. When he had been taken into his home, a phy- | sician was hurriedly called, as it was at once realized that the injuries were serious. On examinaiton it was found that the judge had sustained a ] fractured rib and possibly internal < injuries and a number of painful i bruises on his body and limbs. The s s\ock also affected him quite percep- i tibly and the reaction that may fol- < low is feared by the family and at- j ending physician. Judge Branyan is < over seventy-one years old. Chronic ' kidney affliction in recent years and more so in recent months has torn i down his former rugged constitution. More and more feeble nas he grown and several times in the last three months his condition was critical. But slight hopes are entertained for his recovery at this time. In his younger days Judge Branyan lived in this city, practicing law, and in later years he was frequently called here to serve as special judge. He has many friends in Decatur and Adams county and Is especially well (known to the members of the bar. o SHOT WHILE AT PLAY. Serious Accident Occurred at Lafayette Today Causing Much Sorrow. —— Lafayette, Indiana, May 25. —(Speci lai to the Daily Democrat)—While playing at their home today Frank t Gibson, aged twelve, and Blanche Gib-. 1 son, aged eight, were shot and ser--1 iously wounded by Williard Gibson. The children were playing and the , 'serious accident has thrown the fam--17 r 'ily into the deepest grief. h

T’rice Two Cents

TEST CASE IS FILED Joseph Tonnellier Sells a Drink of Liquor and Appears in Court TO SECURE DECISION • Change of Judge Asked— The Injunction Case is Withdrawn The attorneys for the plaintiff in the suit of J. B. Knapke vs. Eli Meyer, sheriff, and other officers, sprang a surprise this morning when court convened by withdrawing the injunction suit filed Monday afternoon. The court would have ruled against the plaintiff had the case not been withdrawn as he expressed the opinion that such an injunction which limited the power of police officers was not good. Immediately afterward, Persecutor Heller filed a case entitled the State of Indiana vs. Joseph Tonnellier for selling without a license. The affidavit was made by Sheriff Meyer and alleged that on the 25th day of May, 1909, said Joseph Tonnellier sold to one Ed Johnson, a drink of whiskey, for the sum of ten cents without license to do so. A friendly test case was the object, and the form of procedure was agreed to. Mr .Tonnellier sold the one drink •* and admitted it, in order to get a» quick decision in the matter. He and the other three saloon men affected, Joe Knapke, William Badders and Charles Zeaser immediately closed their places of business awaiting the result of the test case. The defendant filed a motion for a change of judge, and the motion was sustained, Judge Merryman stating that he would make the appointment tomorrow morning, giving him this afternoon to secure the services of some jurist who can serve. The trial will probably take place tomorrow or next day as the saloon men are very anxious to know what the outcome is to be. For two of the men it means they can operate until November if the court holds with them, and the other two will remain iu business until October. . 0 MANY OF THEM WANT NEW Republicans in the State Talk About New for State Chairman. Indianapolis, May 25. —Harry S. New for chairman of the Republican state committee continues to be the talk among the politicians in the state. No opposition has developed to New. On all sides it Seems to be conceded that he is the logical man for the place and that he will be chosen. The fact that he has always kept his hands off whenever there was a party split on hand and that he has nevqr been tangled up in any factional fights is regarded as being a strong reason why he should be made chairman. He has never been, an office holder, although h" could have had practically anything the Indiana Republicans had to offer and could also have been a member of Roosevelt's cabinet had he consented to take an appointment, lie is not in politics for profit. He has turned down every political offer that would have brought him profit. He is in the game for two reasons: First, because he likes the political game; second, because he is a loyal, working Republican. —o BONDS FOR TWO ROADS SOLD Habegger and Sprunger Roads Will Be Built this Summer. Bonds for the Habegger and the Emma Sprunger, macadam roads have been sold aud the money for the bonds paid into thfe hands of the county treasurer. It will be out up- , on the construction of the road upon estimates as furnished by the engineer as the work progresses. The macadam road building will be slim this year, owing to the fact that nearly every township in the county is up to the two per cent, limit, and they cannot exceed this for road construction. '