Decatur Daily Democrat, Volume 7, Number 151, Decatur, Adams County, 25 June 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 151.

THE FAYLORS WON BATTLE Long Contest in Court Results in a Victory for the Plaintiffs VERDICT RETURNED Giving Them the Real Estate and Two Thousand Dollars Damages A verdict in favor of the plaintiffs was returned by the jury at 9:30 last evening after about five hours’ deliberation, giving the 125 acre farm which has been in litigation for so many years to the plaintiffs and along with It damages amounting to $2,000. The court concluded his instructions at 4:30 and the jury retired Immediately. The first ballot is said to have resulted nine to three for the plaintiff, and the other three soon agreed. The original case was filed in Wells county more than five years ago, and has been threshed through al! the courts. The title of the cause was Thomas Faylor and others, there being thirty-seven plaintiffs in all vs. David D. Studabaker. The verdict as returned by the jury follows in full: We, the jury, find for the plaintiff. We further find that the plaintiffs are the owners in fee simple and entitled to the possession of the following real estate mentioned and set out in the complaint and situate in the county of Wells, in the state of Indiana, and described as follows: towit, All that part of the southeast ouarter of section twenty-nine, in township twenty-Rerdn, north of range twelve east, lying south of the Wabash river and containing 102.75 ac-es; also the following described real estate in said Wells county in the state of Indiana, towit: Commencing at the northwest corner of section twenty-three in township twenty-seven, north range twelve, east, thence south to the section line dividing sections thirty-two and thir-ty-three, twenty-three chains and fifty links, thence east eleven chains and seventy-five links to the Wabash river, thence north westerly with the meandering of said river to the place of beginning, containing twentythree acres more or less. And that the plaintiffs title in and to all of said real estate and his claim thereto is wrongful, unfounded and without right. We assess the plaintiffs damages at the sum of two thousand dollars. Charles T. Payne, Foreman. When the verdict was returned, the attorneys and several of the plaintiffs and the defendant were in court. The plaintiffs seemed well pleased with the result. It is quite probable that the case will be again taken to the supreme court, though no action of the kind was taken last evening. The case began here June first and continue eighteen days of actual trial. The jury and the lawyers are all nearly worn out from the hard grind and were glad of the end.

ENTERTAINED MANY MASONS Hartford City Masons Dedicate a ♦ New Temple. Hartford City, Ind., June 25.—The dedication of the new Masonic temple was held yesterday with a large number of Masons and their families being present, many outside towns being represented by large delegations. The principal address was made by V illiam H. Marker, most worshipful grand master, who spoke in the afternoon. In the evening a grand reception was held for all Masons and their invited friends, after which addresses were made by Dr. H. C. Davisson, A. G. Emshwiller and Sam Levy. The address of Dr. Davisson was most eloquent and carried his listeners back to the time when Freemasons met in caves and other hiding places to perform the rites of their order. The obligations of members of the order to their brethren and fellow men were dwelt upon and the good influence of the order of the Eastern Star was referred to in most complimentary terms. A splendid banquet was served at the close of the evening s entertainment.

ONLY TEN MILLION DOLLARS Appropriation for Taking Thirteenth Decennial Census. Washington, June 25.—0 n the eve of the expiration of the current fiscal year, the house authorized an emergency approp; lation of slo,ooo,<>fc) lor defraying the expenses o. taking the thirteenth decennial census. In presenting the bill for that purpose, Mr. Tawney, chairman of the committee on appropriations, explained the situation with respect to the permanent census measures still in conference and announced that unless the money was forthcoming the census bureau would be compelled to suspend all business next Wednesday. Notwithstanding this warning, the bill met with much opposition, and it was only finally passed after Mr. Bacon, of Arkansas. has forced a roll call on a point of no quorum.

SESSION IS OVER Epworth Leaguers Close Their Annual Session at Fort Wayne FRED ROHRER SPEAKS Gives His History—the League Pledges $1,500 to a Missionary For the suport of Rev. D. O. Ernsberger, Methodist Episcopal missionary in the Rachiur district, India, the Epworth leaguers of the Fort Wayne district in their annual convention at the First M. E. church, this morn-

ing, pledged themselves to the amount of $1,500. Interest is growing in the sessions, which close this evening, and the acceptance of the pledge on the part of an concerned. One of the ablest addresses of the morning session was given by Miss May Gibson, a deaconess from Chicago. “The Ministry of a, Life,'- was her theme.which was beautifully portrayed. Her effort throughout was interspersed with biblical illustrations, scenes in every day life and examples that have come under her personal observation. Fred Rohrer, editor of the Berne Witness, was in attendance and gave his thrilling recital of his conflict with the saloon element at Berne, in which pathos and humor united to provoke a wave of intense sympathy of the service he had done. With the modest demeanor that characterizes him, Editor Rohrer took no credit for his personal achievement, but said that the work was of God and without His aid nothing could have been accomplished. It will be recalled that the speaker is the man who made Berne “dry’’ by remonstrance despite the dynamiting of his own home. In concluding his address Editor Rohrer urged upon the young people the importance of throwing their whole lives in the balance on the side of God and right in all the circumstances of life.—Fort Wayne Sentinel. After selecting Angola as the place for the 1910 convention, the three days' meeting of the League societies closed last evening. The only other city presented as a possible place for the next convention was Portland, but was defeated by an unanimous vote.

W. J. BRYAN Jr. MARRIED Grand Lake, Colo., June 25.—William Jennings Bryan, Jr., and Miss Helen Virginia Berger, of Milwaukee, were married at 8:30 yesterday at Kinnikinc lodge, the summer home of Mr. and Mrs. F. D. Levering, on the. west shore of Grand lake. Only the immediate families of the couple were present. The ceremony was performed outdoors under the great pine trees along the shore of the lake. Mr. and Mrs. Bryan Jr., will spend their honeymoon at Grand Lake and will leave about September 1 for Tucson, Ariz, where they expect to make their home for the next two years. Mrs. C. J. Lutz and daughter Jean, Miss Maud Shoaf and little sister Rowena, have arrived in the city. Miss Jean Lutz is studying music at the New England conservatory at Boston, and Miss Shoaf is a student at the Emerson School of Expression.

NAMED THE CLERK . Millard F. Cox is Clerk of the Pubic Accounting Board IS NAMED TODAY He Will Prove a Valuable Member of this Important Board Indianapolis, June 25. —(Special to the Daily Democrat) —The first appointment made .by the Public Accounting Board was this afternoon handed to Milliard F. Cox of Indianapolis, who has been named as clerk of the board. In making this appointment the board has shown extraordinary judgment and if they keep up the clip they will prove themselves worthy members of an important feature of our state government. Mr. Cox is a well known Democrat of the state, and for the past several years has been an influential factor In the councils of the party, and for many years more has made governmental economy a study and is well recognized as an authority. He served five years as assistant reporter of the supreme court and four years as judge of the criminal court at Indianapolis. Five years ago he withdrew from the law and became editorial writer on The Indianapolis Sentinel, and has been in newspaper work ever since. For several years he has given considerable study to the cost of government and long ago came to the conclusion that the people were paying more than they should. He has written a good deal along this line. Like all others who have considered the question, he realized that extravagance and inefficient methods of doing business in public offices have gone hand in hand and the people have been compelled to pay the bill. He feeels that the new uniform accounting system will eventually result in immense saving and he Is glad to be associated with the work.

TALKING TARIFF Senator Beveridge Took a Crack at the Tobacco Trust THE WAR TAX This Trust Has Been Letting the Government Hold the Sack Washington, June 25.—One of the unfortunate results of the injection of the corporation tax, discussion into the tariff debate is that it minimizes the importance of the administrative features of the customs act. At least three of these features are of great popular interest. All others, however important, will go through the senate without much discussion. The maximum and minimum feature of the bill, whatever its merits or demerits may be, is expected to go through as a party measure. The plan was indorsed by the Republican national convention, and, although the senate plan is radically different from that of Mr. Payne and involves a surtax of 20 per cent, on all the items in the tariff, whereas the Paytie plan exempted many articles, no doubt the Aldrich plan will be adopted. This issue presents a great opportunity for wrangling in conference, but the impression is that the house is not enough interested in the details of the scheme to be willing to waste much time over it. Washington, June 25. Senator Bev eridge addressed the senate yesterday in support of his amendment changing the size of tobacco packages, in force since the Spanish-American war tax was levied. By repealing the' tax, without increasing the size, the senator said that the American Tobacco Company had been the recipient of many millions of dollars it should not have received. “The man-

Decatur, Indiana, Friday Evening, June 25, 1909.

ufacturer kept on collecting the war tax,’’ he explained, “after it had been taken off, and instead of paying it to the government he paid it to himself. Mr. Beveridge declared that If his amendment is adopted the government would receive more than $21.000,000 of revenue and correct the wrong which the people had suffered for eight years The American tax on tobacco, he added, is only a fraction of the tax of most other civilized nations. Washington, June 25—Prof. Z. B. Leonard, of the South Bend schools, is seeking an apointment as superintendent of Panama canal zone schools. He has filed his application with the board of education of the isthmian canal commission and he has been indorsed by Senator Beveridge. The place pays $3,000 a year for the first year, with an assurance that if the services of the superintendent are found satisfactory the salary will be increased to $3,500.

AN HONORED LIFE Henry Bolmahnn Died at Five O’Clock Last Eving at His Home FUNERAL IS SUNDAY The Services Will Be Held at the St. John’s Church by Rev. Jaus Henry Bolmahnn, one of the most honored and respected residents of Root township, died at five o'clock last evening after a long illness with cancer of the stomach. While his illness has lasted during the entire winter, yet he was not confined to his bed but a part of that time. Only Wednesday of this week he walked a mile or more, and every day was up and around some. After arising yesterday morning he was taken worse and con-

tinued to decline all during the day, during which he suffered much until five o'clock when death came to his relief. Mr. Bolmahnn was one of the most progressive citizens of the county, and his estate is comprised of four hundred acres of valuable Adams county land. This is the accumulate nos a life of rugged honesty and thrift, and he died honored and respected by his score and more of friends and acquaintances. His wife died four years ago and there now remains six children to mourn the society and friendship of a kind and loving father. They are Henry, Fred an 1 William Bolmahnn, Mrs. Cris Selking, Mrs. August Selking, Mrs. Christian Macke and Mrs. Henry Berne. The deceased came here when he was nineteen years old and his vast estate is the fruits of a long life well spent. The story of his early life includes many struggles that would appear new and novel to the present day and generation, but he waged the fight and won, and the living now honor him the more for it. His age was seventy-four years, and the funeral services incident to paying the last marks of respect to the dead, will occur Sunday at the St. John's church, the Rev. Jaus in charge. The funeral cortege will leave the house Sunday morning at ten o’clock sun time, the services at the church being at eleven o'clock. —o MRS. REED’S WILL PROBATED Divides Her Seventy-Three Acre Farm in an Unusual Manner. The will of the late Matilda Reed of Root township was probated today, and that lady divided her farm in that township among her relatives as follows: Six acres off the north side of the farm to her son, Victor Reed, six acres adjoining that to her daughter, Mrs. Ella Small, six acres to her daughter, Mrs. Tillie Showers, four acres to her daughter, Polly Reed, twenty acres to her son Charles Reed, eleven acres to her grandchild Warren Reed, twenty acres to her son John Reed. She nominated Sylvester Spangler as executor of the estate, but owing to his health he has declined to serve and the duties will be looked after by A. N. Sellemeyer. The will was written December 22nd and was witnessed by Jacob Spangler and Samuel Reed.

BANKERS OFFICERS Convention Held a Business Session—J. W. Sale is President EVANSVILLE CHOSEN As Meeting Place for 1910 —Members of the Various Committees Fort Wayne, Ind., June 25. —Business sessions of the thirteenth annual convention of the Indiana Bankers' association came to a close last evening with the election of officers and the adoption of a resolution recommending to the executive council the selection of Evansville as the place for holding the 1910 convention. Officers elected were: President, John W. Sale, Bluffton. Vice president, Charles H. Worden, Fort Wayne. Chairman Executive Council, J. A. DeHority, Elwood. Treasurer, Harry H. Ogden, Evansville. Secretary, Andrew Smith, Indianapolis. Members of Executive Council —M. C. McCormick, Knox; J. R. Voris, Bedford; J. Ross McCulloch, Fort Wayne Lucien Harris, Rising Sun; J. L. Randel, Greencastle. In addition to these, J. S. Royse, of Terre Haute, was chosen on the council to fill the vacancy occasioned by the death of I. H. C. Royse, of Terre Haute, and E. F. Hiatt, of Richmond, was elected to the place made vacant by the death of J. D. Johnson, of Kokomo. With C. E. Bond, of Fort Wayne, presiding, the American Bankers’ association representatives elected Jonce Monyhan, of Orleans, as a member of the executive council of the national association; J. L. McCullough, of Marion, as vice president for Indiana, succeeding Mr. Bond, and A. Grant Lupton, of Hartford City, as a member of the nominating committee of the American Bankers' association.

IS CONVALESCING John M. Frisinger is Reported as Showing Some Improvement PUT ON X-RAYS William Scheerer Had Arm and Shoulder Examined d William Scheerer was at Fort Wayne yesterday and spent some time with John M. Frisinger at Hope hospital, and he reports him as convalescing and that the attendants are encouraged in the belief that he will improve rapidly. They recommend an ocean trip just as soon as he is able, and it is hoped that Mr. Frisinger may soon be on the briny deep, and that also that he will grow strong again and be one of the bright shining business stars in this city. His manyfriends here make inquiries by the hundreds every day which illustrates his popularity among the people of Adams county.

While in Fort Wayne Mr. Scheerer had the X-rays -put upon his game arm and shoulder, which has been giving him trouble since his mixup in an automobile accident some time ago. Since then he has not regained the use of his arm, and it pains him almost constantly. He did not receive much encouragement from ihe examination made at Fort Wayne, and it is feared that he will never regain the former use of his arm and and shoulder. Mr. Schereer is discouraged with this information, as he is an especially active man, and a hard worker, but this arm sadly interferes with such good intentions. o Marshal Butler sent an unmuzzled dog to the happy hunting ground yesterday afternoon. The officer says its an unpleasant duty and he wishes everybody would comply with the order j so he wouldn't have to do it.

CENSUS OF PENAL INSTITUTIONS Foreigners Will Be Sent Back to Their Mother Country. Indianapolis, June 25. —Governor Marshall directed Amos W Butler, secretary of the board of state charities, to take a census of the penal population of the state institutions, with a view to ascertaining how many prisoners committeed felonies within three years of their admission to this country. Under the federal laws immigrants committing felonies within three years of their admission to this country must be deported. The theory of the law is that immigrants found guilty of a felony within three years are of criminal tendencies, and, therefore, undesirable citizens. The board of state charities is in charge of all the state’s penal and benevolent institutions. There is no way of estimating how many, if any, of the inmate? of the Indiana institutions may be subject to the deportation act.

A SUDDEN DEATH Mrs. Elizabeth Hart, One of the Pioneers of this Section Called SICK A HALF HOUR Gas Pressed Against the Heart and the End Came in a Few Minutes Mrs. Elizabeth Hart, a pioneer of this city and one of the best known ladies in this section, died very suddenly at 3:15 Thursday afternoon. She had been in good health until a half hour before her death and was about the house, when she became affected by gas forming on the stomach. Dr. H. E. Keller was summoned but before he arrived the ailment had crowded the heart, causing that organ to become paralyzed and death came before the physician reached the house. The announcement of the sad occurrence caused many sad hearts. Mrs. Hart was a native of Wayne county, Ohio, where she was born in Sugar Creek township, January 18, 1836, her age at death being seventythree years, six months and six days. When a young lady she was married to Adolph Hart, who many years ago conducted a shoe store here, and who died thirty-four years ago. They came to this state in 1864, locating at Vera Cruz, but a year later came to this city where the deceased had since made her home. For twentyfive years she has lived with her daughter, Mrs. Herman Tettman and her death occurred at that home on south Third street. She was a splendid lady in every way, a Christian, of noble traits, a kind mother and a neighbor whom every one loved. She is survived by three children, six having preceded her to the better land. Those living are Mrs. Tettman and Mrs. John Johns of this city and Adolph Hart of Montpelier, Indiana. Other relatives are one brother at Ashland, Ohio, four grandchildren and four great-grandchildren. The funeral services will be held Monday morning at nine o'clock sun time, at the St. Marys church, Father Wilken officiating. Interment at the St. Josleph cemetery.

WON BIG DAMAGE SUIT A Fifty Thousand Dollar Suit Won by Pennsylvania Railroad. Toledo, June 25. —The Pennsylvania Railroad company won a $50,000 damage suit in the federal court here. January 17, 1903, the big grain elevator of Ironton Bros., at Van Wert,

burned down with Contents. Four years later the firm filed a suit in the federal court at Toledo charging that a spark from a passing Pennsylvania locomotive set fire to the elevator and Ironton Bros, charged the railroad company with negligence, asking damages in the sum of $50,000. The case was tried this week before Judge Sater, in the federal court, and today the jury returned a verdict for the railroad company, defeating the elevator men. The* case was fought out' on the defense prepared and ar- ! ranged by H. J. Schwegman, the Penn- c sylvania Railroad company's claim 1 •agent at Fort Wayne. Il

Price Two Cents

A FAMILY REUNION At the Niblick Residence On North Second Street A PLEASANT TIME In Honor of Mrs. Catharine Niblick’s Eightieth Birthday Mrs. Catharine Niblick was honored last evening by all the members or the Niblick family at her home on Second street. Mrs. Niblick celebrated her eightieth birthday yesterday and the children and grandchildren gathered in a family reunion. Six o'clock dinner was served to the happy guests. During Mrs. Niblick’s long residence in the city she has become acquainted with a large number of people, who have always found her to be a very lovable and good woman. Perhaps there is no other person in the city who has lived here as long as this lady. She came to this county in 1839, when she was

ten years old. She was born In Marvinger, Prussia in Germany. Before coming to this county her parents, Mr. and Mrs. John Closs, lived for several years at Maumee. In 1851 she was married to Mr. Jesse Niblick in a tavern that stood where the Niblick and Company store now stands. For the last generation the members of the family have been among the best citizens of Decatur, and they have become known to every one in the county. The children who were present last night were John Niblick, James K. Niblick, Charles S. Niblick, Amelia and Dan Niblick. Other relatives and the grandchildren were Mrs. John Niblick and daughter Helen, Mr. and Mrs. Burton Niblick, Arthur Suttles and children Mary and Josephine, Mrs. James K. Niblick and daugher Verena, Mr. and Mrs. Louis Holthouse and son William, Mr. and Mrs. Charles X. Niblick, Mrs. C. S. Niblick and children, Naomi, Stewart, Charlotte and Margaret, and Mrs. Christena Niblick and son Jesse G. Niblick. Mrs. Dan N. Niblick and children Omar, Mildred and Harold, Mrs. Catharine Closs and Miss Mary Closs, Mrs. Eckart and granddaughter, Laura Sweeney of Chicago. The homestead of the family on Second street is attractive on account of its age. It Is a very large well built house with large home-like fire places, and a place where the children especially, like to go. Last night’s event, one of so much pleasure, will be remembered long by those who attended.

TO MEET AT INDIANAPOLIS . 1 Next Sunday School Convention Will Be Held There. , Lafayette, Ind., June 25. —At the morning session of the closing day of the forty-fifth annual convention of the Indiana Sunday school association yesterday, M. C. Hall, Os ludlauapulls, was re-elected president of the state association for the thirteenth consecutive year. E. W. Felt, of Greenfield, was re-elected vice president; J. Guy Pierson, of Spencer, was elected secretary, and W. J. Elvin, of Indianapolis, was elected treasurer. The nomination committee reported these officers and the report was unanimously adopted. In addition to the officers the following new- directors were named: C. S. Dearborn, of Indianapolis; J. A. Branson, of Sheridan, and J. C. Smith, of Seymour. The old directors re-elected are E. J. Humpe, of Kokomo, and E. T. Albert-

son, of Plainfield. Heretofore the board of directors has consisted of 1 nine members, but from now on it will ' have twelve members. It was de- ■ cided by the board of directors to hoid ■ the 1910 convention at Indianapolis. ■ the probable date being April 20 to 25. , In addition to the convention the Indianapolis meeting will be known as Indiana Sunday school week. F. B. Meyer, president of the World’s Sunday School association, will come from London, England, to attend the convention. Bishop Hartzell, of Africa; Marion Lawrence, general secretary of the international association, and Professor Excell will all attend the Indianapolis meeting.