Decatur Daily Democrat, Volume 7, Number 224, Decatur, Adams County, 20 September 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 224

THE WOLFE TRIAL BEGINS Young Man Who Had Trouble With Jacob Mangold Faces the Jury Today ASSAULT AND INTENT This is the Charge Made in the Indictment—Jury Chosen and Sworn Charles Wolfe, a well known* young man of this community, is on trial

in circuit court this week, charged with assault and battery with intent to kill. The trial is creating considerable interest, and the court room was well filled with people this morning. On October Bth last, while a number of men were at work on the construction of a macadam road, about a mile west of the Coppock factory, an altercation arose between Charles who was driving a team, and Jacob Mangold, an old and well known citizen of this place, who was supervising the work. It is alleged that Wolfe struck Mangold with a large club, inflicting a wound on the scalp, which was not considered serious, but an hour later, Mr. Mangold fell over dead. There was considerable excitement of their side until the state report showed death due to heart trouble, The November grand jury indicted Wolfe on a charge of assault and battery with intent. The case was called for trial this morning. The defendant is represented by Attorneys Peterson & Moran and Dore B. Erwin, while for the state Prosecutor Henry B. Heller is being assisted by Clark J. Lutz. Mr. Wolfe is a fine appearing young man of perhaps twenty-five. Dressed in a neat black suit, he made a good impression with all who saw him. He was accompanied to court by his father. Daniel Wolfe, and by his young wife and two little babies. The morning session was taken up in the selection of a jury. The case will likely require about three days, going to the jury some time Thursday. The jury as sworn just before the noon hour was composed of William T. Waggoner, Frank Sullivan, Frank N. Hale, John Abnet, Jonathan Mosure, William Jackson, Charles T. Niblick, Jonathan Rian, Ernst Buuick, C. D. Beiberich, Amos Danner and Benjamin Winans. At 1:30 Prosecutor Heller made the opening statement, saying that the state would be able to prove that while unloading stone along the Lachot road northwest of town. Wolfe engaged in a quarrel with Mangold, grabbed a two by four inch piece of wood used as a cross-bar on his wagon, and struck Mangold on the head, knocking him down, and afterwards jumped on him and gave him a severe whipping with his fists, until taken off, that Mr. Mangold died in about forty minutes. The defense said they would not make the statement of their side until the defense has rested. The first witness called was Charles Lord, who was hauling stone, along the same road and who was assisting Wolfe to unload, when the affair occurred. He told the story of the affair, and was on the stand for some time. There are about forty witnesses in the case.

WENT TO KENDALLVILLE And Were Defeated by the Team of That Place. The Decatur Shamrocks went to Kendallville yesterday morning, where they met the fast Kendall'ill? team, and were defeated by the score of nine to nothing. Decatur had one of the best lineups they could find, but were unable to score at least one run. Tom Railing and Harry Smith formed the battery for Decatur, and if they would have rece'ved proper support the score would no doubt be somewhat different., Some very sen sational plays were made during the game, and Decatur is entiled to some of them. A return game will no doubt be played in the near future, and the locals will try hard to even up. — —o Frank Bosse returned to Fort Wayne last evening after spending Sundav with his folks in the city.

CELEBRATED 80TH BIRTHDAY Mother of Former Vice President Fairbanks Remembered. Springfield. 0.. Sept. 20,—Surrounded by her family, with the exception of her son. former Vice President Charles W. Fairbanks, and wife, who are in the Philippines, Mrs. Mary Adelaide Fairbanks celebrated her eightieth birthday anniversary yesterday at the home of her daughter, Mrs. M. L. Milligan, on south Fountain avenue. One of the pleasing events of the occasion was the arrival of a cablegram from Mr. and Mrs. Fairbanks, extending greetings. Mrs. Fairbanks is in the full enjoyment of all her faculties and has good health. Those present from a distance were: Mrs. C. W. Smith of Pasadena, Cal.; Mrs. Clark Ritchie of Sedalia, Mo., Luther Fairbanks of Mansfield, 111., and W. D. Fairbanks of Decatur, 111. N. H. Fairbanks, who is a son and head of the Fairbanks company here, and his family, were at the dinner given at noon.

COURTHOUSE NEWS Jury Reports and Hearing of Criminal Cases Began this Morning AN INQUEST HELD For Mrs. Manley, of Geneva—Case Against Warren Reed Continued The jury reported this morning and this week will be taken in the hearing ’of criminal causes. State of Indiana vs. Warren Reed, receiving stolen property, cause continued by agreement, bond continued. State vs. Charles Wolfe, assault and battery with intent to kill, motion to quash indictment overruled; plea of not guilty. Jury impanelled.

John Weaver, admr., for the Eldridge Weaver estate, filed a petition I to settle as an insolvent, finding of ' insolvency. , » Charles Heffner vs. Jacob Hunsicker, damages S6OO, rule to answer made absolute in five days. Frank Imboden et al vs. Sarah R. Imboden et al. partition, rule to answer made absolute in five days. ______ • In the estate of Mary M. Shank, Ray Deffenbaugh was allowed his share, $28.86 and same was ordered paid. Louis F. Miler, executor of the Mary Gnepper estate, filed a petition for an order to erect a tombstone to cost not to exceed $l2O and it was so ordered. F. S. Armantrout, administrator of the Hubert Topp estate, filed a petition to sell real estate; assent filed: J. C. Moran appointed guardian ad litum for defaulting parties.

A board composed of Drs. O. M. Graham and William R. Brayton and Squire F. S. Armantrout, held an inquest on Mrs. Minerva A. Manley, wife of J. C. Manley, of Geneva, and declared her of unsound mind. She will be taken to Richmond as soon as a vacancy exists. She is forty-eight years old and her mind has been affected about two years, according to the testimony. She suffers from nervous trouble. —o RECEIVED TELEGRAM SUNDAY

Announcing the Death of His Nephews Daughter at Battle Creek. Mr. Wash Gilpen received a telegram yesterday morning from his nephew William, of Battle Creek, Michigan, and who stated that their daughter Ruth had passed away on Saturday afternoon at four o’clock. Mrs Gilpen was formerly Miss Bessie Fisher and lived in this city. Her husband lived at Markle, but shortly [after their marriage two years ago moved to Battle Creek, Mich., where they have since resided. Miss Ruth was but a year old and her death was caused from cholera. The funeral services will be held there this afternoon and interment will be made at I that place.

GAS IN BLUFFTON Indiana Lighting Company Will Soon Begin Laying Their Pipe Line TWO COMPANIES Local Capitalists and Indiana Lighting Company to Mix Up Bluffton, Ind., Sept. 2-o.—(Special to the Daily Democrat) —Although an artificial gas franchise has been granted to W. A. Kunkel and others, yet the word is given out that the Indiana Lighting company will still run their lines to this city and make

all arrangements to supply the people with gas. They go on the theory that the franchise given to Mr. Kunkel will permit them to charge the same price, and they will rush the completion of thei rlines and hbpe to be in Bluffton long before a new company could get ready to fulfill their part of the franchise granted. It is thought by many that it is the hope of the Indiana Lighting company to reach an amicable agreement before the matter reaches the point where an adjustment would be impossible. The situation is rather peculiar. It has been understood for nearly a year that the Indiana Lighting company would bring gas to this city, but the franchise has been held up for some time over a disagreement between the company and the members of the city council over the matter of a rate to be charged, and in the meantime Mr. Kunkel and other financial gentlemen of Bluffton asked for a franchise, agreeing to build a plant of their own there, and this franchise has been granted by the council. It. is expected that some new developments will be announced at an early date. In the meantime the people will watch the skirmishing on the part of the two syndicates who want to supply this fuel to the Citizens of Bluffton. • .

MANAGER IS HERE Ben Devor of Greenville, Ohio, Will Look After the Local Office FOR SMITH & BELL Who Have a Jobbers Lumber Yard in the South Part of City Ben Devor, of Greenville, Ohio, is moving his family here this week, and will be located in the John Schug property on south Third street. Mr. Devor will take charge of the local lumber yards, now being opened by the Smith & Bell company near the C. & E. and Clover Leaf railway yards. He is an experienced lumber man and will prove a good manager for this establishment. The company is ready for business, but will t>e delayed a few days because the Erie is a little slow in putting in a switch but they will be ready to open the yards within a week or two. As men- ' tioned before in this paper, this com- ; pany does a wholesale lumber busi- .

ness, buying all over the state, and Ohio, and selling to the big manufacturers. They will gather the lumber here and ship it as required by their orders. They do an immense business, and this new move will make it much easier for them as they will have their stock at one place, instead of it being scattered over two or three states. Messrs. Smith and Bell and Charles Colter will continue to spend the greater part of their time on the load, while Mr. Devor will look after tbe local office. — -o Miss Etta El?ey, sister of Mrs. Joe McFarland .residim; west of the Elzey school house, is very sick with tuberculosis and her relatives and friends were called to her bedside last evening, believing her to be .dying.

Decatur, Indiana. Monday Evening, September 20, 1909.

GOV. JOHMSON IS DYING Rochester, Minn., Sept. 20.—(Special to the Daily Democrat) —Governor Johnson is dying and perhaps before this is read by the family of Democrat readers, he will have passed to the great beyond. All hopes of his reicovery were abandoned early today, 1 and since then the public has deplored the fates and impatiently awaited the announcement of his death. a ditchdecision Judge Wrigley of Columbia City, Hands Down an Important Finding ON MUD RUN DITCH Says Ditches Constructed by Dredge Cannot Be Allotted as Others

Judge Wrigley has made an important ruling in the matter of cleaning ditches by allotment, says the Columbia City Post. During the summer William C» Glass, trustee of Union township, requested Harry G. I Bollinger, county surveyor, to allot [for cleaning the Emerick and DePew i branch of the Mud Run ditch. The surveyor was preparing to comply with his request, and, in fact, had allotted the branch for cleaning,when I Moses Snyder, a landowner, whose i lands lie at the junction of the branch I and the main line, brought suit (against the surveyor and the trustee, I asking that they each be enjoined from proceeding with this work. It appears from his complaint that Mr.

Snyder's lands are low and have their outlet through the branch ditch and the main line of Mud Run. The ditch cleaning act of 1907 provides that ditches constructed by a dredge should not be alloted under the provisions of the act. Snyder contended that the branch ditch for a distance of three-quarters of a mile above the outlet was constructed by a dredge, and that, therefore, the officers have proceeded unlawfully in the matter. His complaint also was that the cleaning of the branch would have the effect of casting down upon his lands an increased volume of water, and that by reason of the condiiton of the main ditch there would be no outlet for this water, and the same would spread over his low lands. The injunction was granted as asked by Snyder .and the officers are restrained from proceeding any further with this

work. Judge Wrigley stated, how- j ever, that this decision must not be j taken to apply to all cases of ditch cleaning, but that each case must be determined upon the facts and cir- , cumstances of the case. The decision is important in those cases where 1 ditches have been constructed both by the use of a dredge and also other means of construction.

••SAUL OF TARSUS'“Saul of Tarsus” the new biblical play in four acts, which will be seen at the Bosse opera house Wednesday, Sept. 29, is a play dealing with the great events in the life of St. Paul, who was known in his earlier history as Saul of Tarsus. The play, besides presenting the great features of this man's life, has a subsidiary love story of great charm and beauty. The play is built upon facts taken from the New Testament and from the histories of the times. The scenery has been painted from drswings and pictures in the British museum, and the costunes are also historically correct. All of the great figures represented in the life of St. Paul are represented in the piece, and the dramatic situations of his life are also presented in a remarkably vivid and graphic manner. Eugene Moore, an actor of long experience and fine opportunities, is seen as Saul. He is supported by a most capable company.

HAD A CLOSE SHAVE John Williamson Came Near Getting a Penitentiary Sentence COMPROMISED IT A Jail Sentence Suspended During Good Behavior

John Williamson, formerly of Redkey, but now living at Geneva, who has been in trouble on numerous occasions in the past not only in this but other counties in the state.through the leniency of Judge LaFollette m the circuit court Saturday morning narrowly escaped a trip to the state prison at Michigan City when he entered a plea of guilty to the theft of a wrench and pair of wire Ipyers belonging to Bert Hammitt, proprietor

of a second hand store at Redkey. When arraigned before Judge LaFollette Saturday morning the defendant entered a plea of guilty to the charge against him and followed with a plea to Judge LaFollette for leniency and after much deliberation 'the latter fixed the punishment at a sentence of six months in jail, a fine of $5.00 and costs and disfranchisement for a period of one year, later on dismissing the jail sentence during the good behavior of the defendant and appointed Marshal Atkinson of Geneva, as special probation officer to watch the defendant and in case ne does not live up to the promises of reform, made to again gain his liberty Williamson will be compelled to serve the seu- ■ tence. Judge LaFollette was at first inclined to administer the peniten- , tiary sentence and suspend it as in the case of the jail sentence, but had 1 he done so the defendant would have i been compelled to go to jail to await ( the arrival of a representative of the j state prison before his release could have been made, and his plea to be ' permitted to return to his home where he said his mother was quite ill evenI tually won out with the judge. —Port- ; land Sun.

GETS A PROMOTION John Fleming, the Erie Agent, Transferred to the Kenton, 0., Agency SERVICE RECOGNIZED Will Go Wednesday—Company Has Not Announced Who Will Come Here John Fleming, who for four years past has served as agent for the Chicago & Erie railroad company at this place, will leave on Wednesday of this week for Kenton. Ohio, where he will assume a similar place. The change is a dandy promotion and while Mr. Fleming and wife will regret leaving here where they have made so many cood friends, they are of course delighted with the advanced salary and 1 the recognition of Mr. Fleming’s services by his company. The family , came here four years ago July 19th from Huntington and during that time, have been splendid citizens of Decatur. Mr. Fleming has been clever, accommodating and always on the job, looking out for his company’s interests, but always gentlemanly and courteous and business like. Kenton is one of the best stations along the line, being a city of 10,000 poulation, located about twenty-five miles east of Lima. It is a good town, with numerous manufacturing .industries and in the center of a splendid agricultural community. The Erie does a large business there and the increased salary for the agent is a half more than here. It has not yet been reported who will take Mr. Fleming's

place as agent in this city, but this will be announced, no doubt within a day or two. _____ / Dallas Butelr went to Fort. this afternoon to look after us . and will return this evening.

THAW’S ATTORNEYS STILL BUSY They Want to Transfer Him to Pennsylvania. Pittsburg, Pa., Sept. 20. —The possibility of another attempt to bring Harry K. Thaw to his home state in an effort to prove him sane is alive by the filing of a petition by Attorney James G. Graham of New York, asking that Thaw's creditors be granted an order giving them the right to have him brought before a court commission where a test of his sanity can be passed upon in Pennsylvania. On its fact the petition is that of a creditor who wants to get his money by having Thaw declared sane in this state. Attorney Graham was represented by Frederick L. Kahle, of this city. He read the petition in full and former Governor Stone, representing the Thaw estate, objected to the appointment of a commission in the nature of a writ de lunatico, but made no argument, leaving the petition in the hands ' of the court.

TWO DAYS REUNION Many Soldiers to Be Entertained Here September 28 and 29 A GOOD TIME Department Commander and Other Dignitaries to Be Here at that Time R. D. Patterson and E. Woods the committee to arrange for the reunion of the eighty-ninth regiment, are now bustling, and will soon have arrangements complete for this two days' event, which will occur on the 28th and 29th of September. In addition to this reunion the committee intend to make it a reunion of all the soldiers in Adams county, and it is expected that these two days will be among the happiest of the year for the many blue coats now living within hailing distance of this city. The program will be good. Department Commander O. A .Somers of Kokomo having already accepted an invitation, and it is thought that Samuel B. Garrett, recruiting officer for the eighth district will also be among the boys and enjoy the fun for the two days mentioned. The committee is working hard for the success of the meeting and it is a safe bet right now that the reunion of the eighty-ninth and the county reunion will be the best * thing ever pulled off by the Sam , Henry Post of this city. The eighty- j ninth yet has many survivors in this and Wells county and they will be on hands when the reunion is held here. ■ —

DEATH OF ROBERT C. REYNOLDS A Prominence Wells County Citizen is Dead. After a long illness death came to the relief of Ex-County Commissioner Robert C. Reynolds, one of Bluffton’s well known citizens, who passed away Friday evening at 5:30 at his home on west Market street. Death was due to a chronic disease of the kidneys. > On last February Mr. Reynolds went to Indianapolis for an operation, the I opinion of his doctors being that in such an ordeal lay the only hope of recovery. Mr. Reynolds was in the hospital for three weeks and in that time underwent three operations. After his return he showed some signs of improvement but the partial return of his health was only temporary and for the last two weeks he has been in a very precarious condition. —Bluffton News. o CHANGES IN AUBURN COURIER

Auburn, Ind., Sept. 20.—The Evening Courier announced the resignations of Manager Fred Mayer and Editor Frank Dildinel, both of whose places will be filled by J. C. Loaner. I of Auburn. Mr. Lochner Is an exot Auuurn Mayer

(penenced newspaper man. Mr. ( /£m secured a position with the’ Starr /publishing Co. at Goshen and Mr. I Dildine goes back to the Fort Mayne; Sentinel, with which publication he was formerly connected. '

Price Two Cents

A CATHOLIC DAY Mgr. Falconio Views a Monster Parade at Indianapolis CORDIAL GREETING Central Verein Convention Opens Sessions There Today Indianapolis, Sept. 20. —Thronging downtown streets to an almost impassable condition, supplemented by large delegations from cites throughout Indiana and a portion of Ohio, yesterday afternoon stood for ninety

minutes watching the Central Verein parade, one of the most notable and largest Cathqjic demonstrations jn the history of Iddianailolis. Overflowing the limits of the downtown district, the enormous crowds filled block after block along the entire line of march on Meridian street to Sixteenth street, thronging the sidewalks and lawns. The parade, which was marked by the number of uniformed societies and the numerous elaborate floats typifying the part the Catholic church has played in the civilization of America, was participated in by more than 10,000 persons, and presented a maze of banners,flags and the national and papal colors. Notwithstanding the fact hat the parade was not scheduled to move until 3 o’clock, the thousands of spectators began to seek places of vantage shortly after 1 o’clock. The terraces and ■ steps of the federal building were alive with a struggling and impatient crowd, while the surrounding streets were filled to such an extent that vehicles could hardly force their wayeven for a block. The five symbolic floats, prepared along elaborate lines,

and at much expense, were unquestionably the greatest feature of the ! parade, aside from its length. These floats were arranged to portray the activities of Catholic discoverers and missionaries in christianizing and civilizing America. The Knights of Columbus had prepared to present a float portraying the Santa Maria, in •which Christopher Columbus made his memorable voyage, but it suffered an unfortunate accident and was withdrawn. A float symbolic of the sprea« of Christianity by the church and adorned with the papal colors bore twelve characters, representing the missionary countries of the church. The republic was represented by a young woman as Columbia, surrounded by fifty girls. This float was an immense six-in-hand and was cheered all along the line. The Ancient Order of Hibernians prepared a float representing the American-Irish-German federation. One of the largest floats

[was that showing Pere Marquette among the American Indians. Another represented Columbus taking possession of his discovered territory in the name of the church and the King of Spain. Mgr. Falconio took his 'place on the reviewing stand a considerable time before the head of the [parade reached the Episcopal residence and manifested an interest in 1 the passing societies until the .With him on the stand were the Rt. 1 Rev. Bishop Chatard, the Rt. Rev. Bishop O’Donaghue, the Rt. Rev. Bish!op Richter, Grand Rapids; the Rt. Rev. Bishop Koudelka, auxilllary bishop of Cleveland; the Rt. Rev. Bishop Jannsen, Belleville; the Rev Father Andrew, O. F. M.. pastor of the Church of the Sacred Heart; Hugh J. McGowan and Andrew M. Sweeney. His excellency recognized the salutations of the passing societies some- ' times with a smile and sometimes with a wave of his hand. He took particular interest in the floats and often turned to the dignitaries to make comments on the pass g thrones Notwithstanding the ' a h g ; had fasted until neariy -an

-/yesterday, the nuncio patiently underI went the ordeal of posing l iXr photographers, greeted manv JcXlics and was apparently deeper /interested in everything going on around him. Immediately at the ’close of the parade the members of

the hierarchy and many Indianapolis /priests were guests at a banquet at the bishop’s house, where they regained until departing for Tomlinson hall last night.