Decatur Daily Democrat, Volume 7, Number 219, Decatur, Adams County, 14 September 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 219.

COURTHOUSE NEWS Mrs. Alfred Elzey Seeks a Divorce After Being Married Thirty Years A SCRAP IN COURT In the Passwater Suit Divorce—Action in Various Other Cases Emma Schanpp vs. Morton J. Martin et al, partition, final report filed and allowed and commissioner discharged. Milton E. Hilpert vs. Leota B. Gottschalk, to change order of court, before C. J. Lutz as special judge, motion filed by defendant to dismiss cause foj want of prosecution. Anna Hollder vs. Edwin C. Hollderj and Julia Small, motion for allowance submitted and by agreement of parties, defendant is ordered to pay plaintiff 5175 for her use for employment of counsel, to be paid S3O October 1, and $lO on first of each month following until amount is paid. George W. Zimmerman vs. Chicago & Erie Railroad Co., damages SSOO. separate demurrer filed to complaint.

Peterson & Moran filed a new case entitled Cornelia N. Elzey vs. Alfred W. Elzey, a rather sensational suit for divorce. The parties are well known, Mr. Elzey being one of the best known farmers south of town. They were married more than thirty year's ago. The causes for divorce as stated in the complaint is cruel and inhuman treatment. Asks for $1,500 alimony. The defendant was restrained and enjoined from selling or encumbering or in any maner disposing of any of his property until September 30th, or until the further ordeit of the court. Mrs. Elzey asks the custody of one minor child. Three other children are of age. Ella Debolt vs. Chancey Debolt, divorce, answer filed by the defendant in which some rather sensational accusations are made. There was a saucy little scrap in court this morning when the case of Rosie Passwater vs. Charles Passwater, a divorce suit, on hearing on plea of abatement, L. C. DeVoss represented the plaintiff and D. B. Erwin the defendant. The latter claims that the plaintiff is a resident of Ohio, and the case should not have been filed here.

U. B. MINISTERS APPOINTED Rev. Imler Returned—Meet at South Bend Next Year. The annual meet of the St. Joseph conference at Lafayette was a great success and well attended by the ministers and lay delegates. After se- ( lecting South Bend as the meeting place in 1910 and thanking the people of Lafayette for their hospitality, the pastors and delegates of the conferencea djourned their session yesterday. Bishop Matthews announced the following appointments: Presiding elder, L. O. Oyler; Angola, supply; Brimfield, S. Snyder; Butler, W. F. Parker; Butler circuit, J. A. Davis; Fawn River, G. W. Johnston: Newville, M. W. Mibbs; Pleasant Lake, A. McCummins; Waterloo, L. P. Hovertneyer; Churubusco, M. M. Lecount, Collins, J. A. Kek; Columbia City, L. L. Shafer; Decatur, A. Imler; Fort Wayne, G. F. Byrer; Monroeville, J. W. Lower; Ossian, S. A. Rhoades, South Whitley, C. W. Ballen; Tocsin. W. O. Mulliken; Washington Center, A. F. McCloe; Zanesville, J. L. Power; Gobleville, J. A. Edy; Huntington, S. S. Smick; Peru, D. B. Keeinger; Erie, J. L. Eckes; Rich Valley, I. S. Cleaver; Roanoke, J. A. Albright; Pleast, 0., B. Wells; Warsaw, W. B. Thomas. ——o ——- August Douer, better known here as Bismark the glass eater, is happy again. He was arrested at Fort Wayne yesterday and found guilty of public intoxication, his sentence be ing a fine of SIOO and thirty days iu jail. He said it just suited him, as he needed a place to stay just now, as it may turn cold at any time

HE WILL APPOINT A FARMER A Vacancy to Be Filled on the Board of the Epileptic Village. Indianapolis, Sept. 14.-—ln deference to the wishes of the members of the board, Governor Marshall said yesterday that he will appoint a farmer to the board of trustees of the Indiana ' illage of Epileptics at Newcastle to fill the vacancy caused by the death of Oliver N. Nash of Rushville. There are several applicants for the place, including Rush G. Budd of Rushville and David W. McKeen of Connersville. Friends of J. T. Arbuckle and Howard Barrett, both of Rushville, and W. H. Foreman of Terre Haute, have also written the governor in behalf of these men, but none of them has made application in person for the place. Governor Marshall is not yet ready to say what he will do other than that he will appoint a farmer. There is a large farm in connection with the epileptic village. All men mentioned in connection with the place are Democrats.

ALONG ROUTE SIX J. P. Keifer Making Wheat Tests for Purdue Experimental Station IS THRESHING NOW Julius Heiderman Has New Home—Typhoid Fever Patients Numerous J. P. Keifer, a well known farmer of south of the city, was engaged last fall by the Purdue experimental station of Lafayette, to plant five different kinds of wheat, the test being one to discover the best yield for this section. Mr. Keifer did the planting as required, and one of the kinds of wueat was planted on the Emile Wilder farm on route six, where it was threshed yesterday and proved a yield of thirty-five bushels to the acre. Julius Heiderman will move into his new home within two weeks, and is now busy with plans for that important event. The new home is a two-story structure, with all the modern improvements and is one of the most convenient and best to look at houses you will see in this section where pretty homes abound.

Seven cases of typhoid fever within a short distance is causing considerable uneasiness south of town. The patients while all very sick are being cared for in the best manner possible. Two children of Mrs. Peter Hess are quite ill, one of them. Miss Frances, being very low. The two children of Joseph Heiman are getting along as well as is usual at this period of the tedious fever. Mrs. Peter Heiman and Mrs. Tony Hackman are both quite sick, but it is believed they will soon be on the road to recovery. There is considerable improvements being made along route six, the farmers being busy just now, many of them at least, in cleaning up their fairins and adding new barns and buildings at various places. —o THE SCHOOLS OPEN SEPT. 20Berne Will Not Wait for Completion of School Building. Finally the date is set for the open-

ing of our schools for next year. School will begin Monday morning, Sept. 20, but the wheres and hows are not yet all answered. The arrangement is that the H. S. classes meet in the Reformed churchand the eighth year pupils perhaps in the hall above the People’s State bank. The Orphan's Home building is undergoing some repairing and arranging and some classes will no doubt meet there. All the scholars are to meet at the old school building on the opening day to receive assignments and various information concerning school matters. Prof. Huff is expected here 1 today or tomorrow to assist in the 'work of getting ready for the year’s I work—Berne Witness.

A HAPPY WEDDING Was That of Miss Minnie Borne to Mr. Jacob Hoffman Yesterday AT BRIDE’S HOME Large Crowd Present and the Ceremony Was Followed by Big Feast The wedding of Mr. Jacob Hoffman to Miss Minnie Borne which occurred yesterday afternoon at 3:30 o'clock at the home of the bride’s parents, Mr. and Mrs. Jacob Borne, three miles

south of Magley, was a very happy one, and was witnessed by friends and relatives of the young couple, who extended their best wishes. The ceremony was performed by the Rev. L. C. Hessert of this city. Immediately afterward a wedding feast was spread consisting of many tempting viands of the season. Mr. and Mrs. Hoffmann will make this city their home, and will live on Grant street. Those who attended were Rev. L. C. Hessert, wife and children, Mr. and Mrs. Jacob Borne and sons, Rudy and John. Mrs. Daniel Linn. Mr. and Mrs. Henry Dolch and children, Mrs. Mary Smith and children. Mrs. Lucy Lebrun and daughter Irene, Mrs. Henry Borne and family, Christ Mankey and family, Wesley Mankey and son, Mr. and Mrs. Brentlinger and family, Christ Borne and family, Gust Yager and family, Mr. and Mrs. H. Peters and daughter. Flora, Mr. and Mrs. Otto Reppert. Mr. and Mrs. William Hilgemann, Jacob Blomeker and wife, Fred Peters and family, Ed Reppert and family, Martin Hilgemann and wife, Ernest Korte and wife, H. Fruchte and family, H. Scherry and daughters, Charles Dirkson and family, Joe Kiess and family, Mr. and Mrs. Melvin Welker and son, Mr. and Mrs. James Steele, Misses Cora, Mary and Gelia Steele, Idh Kohne of this city, George Scherry and son of Louisville, Ky., and Misses Sadie, Kate Bager, Miss Hall, Mrs. Blanche Shoaf, Mrs. J. D. Hoffmann and daughter Frances and son James, Mrs. James Mankey, of Michigan, Miss Stoneburnen Mr. and Mrs. Ernest Schlickmann. A picture of the company was taken by Martin Jaberg of this city.

IT WAS POSTPONED / Quorum Failed to Appear at the Special Session of City Council DISCUSS ORDINANCE Attorney Beatty and a Number of Draymen Were Present at Meeting

The special session of the city council called for last evening failed to materialize. Mayor France was in his chair at the appointed hour, seven o’clock, and Councilmen Isaac Chronister and Jacob Martin were on hands, but as four are necessary for a quorum and the other members have business affairs which detained them, there was no meeting. An effort will be made to have aspecial meeting this evening, but it could not be ascertained whether or not this could be, and it maybe that the matter of regulating the dray ordinance will go over to the regular meeting next Tuesday evening. Attorney Beatty was present at the meeting last evening and had in his possession a petition signed by 140 leading business men and citizens asking that the ordinance be repealed and there is a general opinion prevailing that this may result. The draymen are interested and there was quite a number of them present last night. In the meantime it is likely that no further prosecutions will result until the matter is adjusted. —o— Mr. and Mrs. C. A. Dugan and daughter Frances left this noon over the Clover Leaf fur Poughkeepsie, N. Y., where Miss Frances will enter Vassar college for women.

Decatur, Indiana, Tuesday Evening, September 14, 1909

TO HAVE NEW COURT HOUSE Auburn County Council Made First Appropriations. Auburn people are now sure they will have a new court house. In fact, they are willing to wager dollars to doughnuts that they will get the fine, costly building. The county council at its meeting Thursday forenoon passed to its third and final reading the requisition of S2OO for the expenses of an inspection trip to be made by the county commissioners for the purpose of viewing court house buildings in other cities. The vote stood six in favor of the proposition to one against it. The clause asking for SBOO for plans and specifications for the new building bad been previously withdrawn. An appropriation for this was not thought necessary at present. It is thought, however, that when the proper time arrives the SBOO will be forthcoming with the same ease the S2OO was sheled out.

FILL HIS PLACE The Harriman Interests Govern the Selection of Vacancies MUCH INTEREST The Morgan Interests Failed to Make a Showing New York, Sept. 14. —The continuance of the Harriman policies in the management of the Union Pacific, Southern Pacific and the chain of allied railroads was made certain today, temporarily at least, when Robert S. Lovett, W. H. Harriman's personal counsel and close friend, was elected to succed Mr. Harriman at the head of the executive committee of the Union Pacific railroad. To strengthen further the dominance of the ‘ Harriman idea,” Jacob H. Schiff and William Rockefeller —both heavily interested in the Harriman enterprises—were elected directors in place of Mr. Harriman and the late H. H. Rogers, and also were chosen to places on the executive committee. The Union Pacific still remains without a president, as Mr. Harriman occupied this position also. It is understood, however, that

1 an operating man—probably L. F. Loree, president of the Delaware & Hudson —will be elected for the place at the annual meeting of stockholders to be held Oct. 12. Proxies for this meeting already in the hands of Judge , Lovett and Alexander Miller, secre'ltary of the Union Pacific, seem to guarantee that the election will be dictated by the Harriman interests. Wail street manifested more than usual interest in today's election in view of the rumors which went the rounds last week to the effect that a member of J. P. Morgan & Co. would be elected to the Union Pacific board. No such change developed, and, as it stands, the executive committee remains, in I the parlance of the street, a “Kuhn-Loeb-Standard Oil'' board. For, besides Judge Lovett, Jacob H. Schiff ’ and William Rockefeller, the members j are H. C. Frick of Pittsburg; Marvin ‘ Hughitt, president of the Chicago & Northwestern, and Frank A. Vander- j lip, president of the National City Bank, New York. The failure of the Morgan interests to gain a place on the reconstructed board was a surprise to Wall street, where last week's rumors had been given general credence. It was pointed out, however, , that possibly the Morgan interests, fearing disastrous results from any radical changes at this time, purposely may have postponed the selection of a representative until the regular annual election in October.

Congressman J. A. M. Adair will be here Wednesday, Sept. 22, when he will make an address at the old settlers’ meeting, which will be held here on that date. This will be the first speech here since last campaign. Mr. Adair has been here only a few times since then, as his time has been occupied since then either in congress while it was in session at the regular session and the special session, or in business affairs since then. —Bluffton Banner.

THE TRIAL IS ON Alonzo Uptegraft Who Carries Bullet in His Head Now Faces Jury IN JAY COUNTY Sensational Case Opened Yesterday and Will Continue Until Tomorrow The trial of the case in which Alonzo Uutgraft, the Jackson township farmer is charged with assault and battery with intent to rape Miss Bonnie Owen, a niece of his wife, the al-

leged assauit having occurred on the night of February 3, last, when the defendant and Miss Owen, who at that time was a guest of relatives in the northern part of Jay county, were in a buggy enroute to the home of Uptgraft. The forenoon was taken up with the selection of a jury to try. the case and the opening statement of Attorney J. F .Denney, who is assisting Prosecutor Fleming, in ex- , plaining to the jury what the state would attempt to prove. The opening of the trial was somewhat delayed I through the failure of the defendant

to appear at the time set for the trial. A motion of the defendant’s attorneys to separate all witnesses, which was sustained by Judge LaFollette, resulted in all those who will testify at the trial being ordered from the court room except when they wi'l be called to tell what they know of the affair. Miss Owen, as the prosecuting witness : was the first to be called tn the witness stand when the submission of ■evidence was begun. It is expected I that the trial w-ill occupy in all at I least two days. Miss Owen besides 'her father is accompanied in the court ’ room by her grandparents, Mr. and I Mrs. B. F. Young, residents of near I Bryant, while Uptgraft's relatives are I also in evidence in the court room, none of them occupy seats near the defendant who sits at the rear of I his attorneys, F. C. Dailey of Bluffton, 'and S. A. D. Whipple and occasionally [converses with them concerning the [evidence as it is submitted.—Portland Sun.

THREE WERE HURT

When Abe Boegley and His Motorcycle Collided With Kindel’s Buggy RIGS DEMOLISHED Mrs. Kindel is in Serious Condition —Mr. Kindel Badly Injured Three people were badly injured, one of them possibly fatally Saturday evening, when a motorcycle driven | by Abe Boegley of Berne, colided with I a buggy near the John Steiner farm in French township. Boegley is an architect, and has been superintend- ' ing the construction of a new Reformed church at Vera Cruz. Saturday . evening after completing his work for the day he started to his home at 1 Berne on his motorcycle. He is ac- j cused of being a reckless driver. At any rate he was tearing along the road at a rapid pace, it is said, when he met a rig in which were Mr. and Mrs. Albert Kindel, who live near Linn Grove. Both the buggy and the

wheel turned out in the same direction and collided with such force that both the cycle and the buggy were badly wrecked. Mr. Boegley was thrown several feet and one arm was badly bruised and sprained. Mr. Kindel was bruised and one ear was torn nearly off. Mrs. Kindel was the most seriously injured, receiving it is fear- ( ed, internal injuries besides being bruised to a painful extent. It is re- ( ported that the condition of Mrs. Kn- I del is quite serious.

SUSTAINED THE DEMURRER Judge O'Rourke Ruled With the Democratic Committee. In the circuit court todaj- Judge Edward O'Rourke announced that he would sustain the demurrer filed by the democratic councilmanic nominees in the suit instituted by Peter Sche:d asking for the opening of the voting machines and a recount of the votes cast at-the primaries in July. He said that by some oversight there had been no provision made for an appeal on the part of a councilmanic candidate, although the right is given to a committeeman and to nominees for other offices. He said also that although ne went no further than this point in the case, that he felt that the notice of contest had not been filed within the specified time and this will probably settle the matter, as there is apparently nothing to appeal from. — Fort Wayne Sentinel.

THE PAROLE BOARD The Governor Believes in Publicity of Parole GOT NIPPED Undesirables Have an Advantage Under Present System Indianapolis, Sept. 14. —Governor Marshall has taken up with the state board of pardons, as result of a recent incident, the question of providing publicity for petitions received by the board, for pardons or paroles for persons convicted of the more serious crimes. The governor believes, he told a member of the board, that comnyinities are in danger of being imposed upon by the methods which have prevailed in dealing with these petitions. In the midsummer meeting of the board, a petition was received for the parole of Edward Taylor, of Switzerland county. The petition was acted on favorably, and a parole was recommended to the governor. The executive was in the act of signing a parole when the attention of an attorney from Switzerland county, who was in the room, was called to the paper, with the result that the governor was apprised of the fact that Taylor had made threats, and had kept them up, to the effect

that he would, if released, return to Switzerland county and kill a number of persons whom he held responsible for his conviction. On this showing, the governor recommitted the petition to the board, and it was considerd further in the meeting just closed. What recommendation the board saw fit to make in the recent session has not been made public. The governor's plan, which has received favorable consideration from members of the board, is to give to the newspapers of the state the names of prisoners in whose behalf petitions have been received by the board in order that interested persons may know of pending hearings. The board has believed, in the past, that these petitions should not become public matter until they are acted upon, with the result that : frequently cases have been heard, ' recommendations made, and the governor's signature fixed to pardons or ; paroles before the public became ' aware of any steps taken toward lib- • erating the prisoners concerned. As a further step in the movement to ob- | tain greater publicity the governor will recommend to the next state legislature that the statute creating the pardon board be amended so that the j board shall be required to publish as I a legal advertisement in a newspaper published in the county in which a serious crime has been permitted, notice w-henever any petition for the release of the perpetrator of the crime > is received by the board. j ' ■ i ■ I

■ | An automobile party arriving here I this morning had with them an old man whom they picked up along the, road near Berne and who said he had ,

read of the airship to be at the Fort Wayne fair and had made up his mind to see it, so he was walk- ( ing through. He was left here and. set off, immediately on his twentytwo mile jaunt. I

Price Two Cents

FOR DESERTION ra Imler Taken Back to the Navy to Serve His Enlisted Time AT FORT WAYNE Marshal Butler Made the Arrest There Yesterday— Pennsylvania Brakeman For two months or more Marshal Butler has had his weather eye out for Ira Imler, who is a deserter from the United States navy. Yesterday he got his first trace of him, and the tip proved wise, the officer going to his boarding house in Fort Wayne and | making the arrest. He has been in

Fort Wayne for some little time, being a brakeman on the Pennsylvania railroad. Marshal Butler found his man and made the arrest without any trouble, and he was apparently relieved also as he feared that every officer he saw was looking for him. He joined the navy at Plymouth a fewyears ago, and after enduring hardships of such a life, he became tired, and when the opportunity presented itself he deserted. He says now that he is glad to return and serve his time and thus free himself from the obligation taken at the time he enlisted. Government sleuths are always on one's track and he would never have felt the freedom from arrest and return to the navy. Marshal Butler took him to Indianapolis last night and turned him over to the officers there. GAS MEN GO TO CANADA ’ Two of the Men Who Worked Here Leave for North. Jack Jarrett and Carl Staver departed Monday night for Canada, where they will w-ork for Driscoll McCauley, who has the contract for piping a Canadian town with gas. Andy McGoldrick, of this city, will probably follow the men and also seek employment in the Canadian city. All of the men are pipe line workers, and all of them until recently have beeen employed on pipe lines in this vicinity. As this kind of work is now practically stopped here the two men will go to other fields where they can seek employment. Jack Moynihan, who has been in charge of the gang at Decatur, which connected the houses there, returned there this morning, and will remain until the work is done. —Bluffton Banner.

BOUGHT MICHAEL SMITH FAR W. E. Kintz Purchases a Few Fertile Acres in Adams Coun* MH W. E. Kintz got into the real business a little today, and MS the Michael Smith farm, locs BH the western part of the to jjUs? about a mile from where Mr owns a fine farm. The purcha rafe braced eighty acres and the ci eration was six thousand dollars*RK is safe to say that in a short time the new purchase will look different, as Mr. Kintz is one of the best farmers in the county.

DIED AT TEN O’CLOCK TODAY The Funeral of Beatrice Stevens Will Be Held Tomorrow. Beatrice Stevens, the twelve-year-old daughter of Mr. and Mrs. Joseph Stevens, living on north Ninth stret. died at ten o’clock today after a short illness. After a short service at the house tomorrow, the funeral party will . leave for Rivarre, and there funeral .services will be held in the church at that place, followed by Interment in .'the cemetery there.

I After spending two months visiting at points in Germany and Switzeriland C. L. Rastetter, the east RashI ’ if

ington street druggist, is home again. He reports a trip fine in all particulars ■being especially impressed with the scenery about the region of the Black

forest range. Mr. Rastetter arrived j In New York last week on the steamer j Rotterdam, the same that brought General Corbin to this/'country to die several days later.—Fort Wayne Sentinel.