Decatur Daily Democrat, Volume 7, Number 308, Decatur, Adams County, 30 December 1909 — Page 1

Volume VII. Number t/

INDICTEDOR MANSLAUGHTER

Abe Boegly, irne Contractor, Charge With Death of Mrs Sah Kindel * 0 )f ARRESTED ANOON TODAY Sheriff Eli Meyer zed the WarrantIndictment Reted by the November hd Jury

HIS BOND IS $2,« tel 3 I Arrest of Well Known Man Recalls Accidnt of t * Last September. 11 NEGLIGENCE IS CHARGE Indictment in Five Counts, n Covers Seven Typewrit- a ten Pages. —- —’ Berne, Ind., Dec. 30.—(Special tor Daily Democrat) —Abe Boegly, the: ■well known contractor, business mana and citizen, was arrested at his home t here at noon today, Sheriff Eli Meyer serving the warrant, which charges < him with the very serious crime of manslaughter. Boegly was greatly, overcome when arrested. While there was considerable talk over the as fair at the time of the accident, and some sharp criticism of Boegh, he had begun to believe that no action had been taken In the matter. At 1 o’clock he had not furnished the i. essary bond of 12,000, which would prevent him accompanying the iff to Decatur, but there is little doubt that he will be able to do so. rest Is the principal topic of con versatlon here, where both he and the unfortunate woman who met deat are so well known. Boegly is kno " over the county. About two ago he prepared a map of the f and canvassed every section in taking orders therefor. ——- Sheriff Eli Meyer went to Berne morning, a part of his duties th ing the arrest of Abraham BoegJone of the best known citizens of < '< county, on the very serious of manslaughter, as alleged in - - . bv the November dictment returned o. ... be remembered grand jury. It . „ of September that on the evening . had a nth, last, Mr. Boegly- . „ a inrge 'JBL. «... -

DAILY DEMOCRW

he collided with a buggy in were riding a Mr. and Mrs. I of Linn Grove. Both occuof the buggy were thrown id Mrs. Kindel was so badly inthat her death resulted a few later. It is alleged that Mr. • did not have a bell or horn machine, and did not sound a ig as is required by law and e turned in the wrong direction, n violating these requirements, as criminally negligent and of manslaughter. indictment is number one of returned by the November term : grand jury, is in five counts overs seven pages typewritten, arrant was ordered isued Wedevening and Sheriff Meyer o Berne this morning to make rest, the court ordering that id be fixed at $2,000. first count of the indictment that the grand jurors of Ad>unty, at the November term, r oath present that on the 11th September, 1909, at and in the of Adams and state of Indiana, Ta ham Boegly, who was then ire a person operating a cerator vehicle, to-wit: a motorcpon a certain public highway, <in and there unlawfully and fsly, but involuntarily and , malice, kill one Sarah Kindoperating said motor cycle aater rate of speed than twenti an hour, that while operating l,<r cycle at such a high rate o f he could not and did not (i ald machine, and allowed it t(1 with a buggy in which Mrs. KiM riding, throwing her out u ground. Injuring and morta;ndinig her so that she sick. 'languished, and afterward on th May of September, 1919, , -ary to the form of the statQlu * Htf ch cases and against the dignity of the state of India j count is similar, allegi tlte day mentioned Boeg- ■ ing’ •ating a motorcycle on the , -d collided with a buggy e nig

Decatur, Indiana, Thursday Evening, December 30, 1909.

driven by one Albert. Kindel, who was in the buggy with his wife and traveling in the same direction as was Boegly, that said Kindel turned to the right, giving Boegly half the road to pass, but that Boegly also turned i • to the right and the collision resulted. The third count recites the facts as given heretofore and further alleges that said Kindel was operating his machine without having provided said motorcycle with a suitable bell, horn or other signal, and approached the buggy in which Mr. and Mrs. Kindel were riding without signalling them and giving them a reasonable time to prepare for the passing of the motorcycle. The fourth and fifth counts are similar to three previous ones, alleging the same factq in different language and the last includes all the violations which it is claimed caused the injury and death of Mrs. Kindel. Mr. Boegly is as stated, a well known business man and contractor at Berne. It is not alleged that he did the act' which caused the death of the woman with any malice, but since he was violating the statute at the time, it is claimed that he is guilty under the laws of Indiana. The case will no doubt be watched with great interest when it comes to trial. Mrs. Kindel was a well known lady afid was a sister of the late L. C. Miller of this city. THE COURT NEWS Amish Couple Attended by Many When They Came After License to Wed. REALTY TRANSFERS _ * Samuel Darr Ditch Ordered Constructed and Commissioners Named. William F. Moelering et al. vs. Robert B. Gregory, on account, submitted, finding for plaintiff In sum of ■ $81.03. In the Samuel Darr et al., drain, the petition was good and sufficient. . Drain ordered. Charles C. Ernst, Charles Morison and Alexander Stuart as commissioners. They will meet at John Gleckler’s, in Union . township, January 10th, and after viewing the premises of proposed drain will report on the first day of the next term. * Jesse A. Swartz * vs. Jesse A. Swartz, admr., et al., partition, report of sale of real estate filed and approved. Deed approved. A of people from the Amish community near Berne appeared at the clerk’s office at noon today and a marriage license was is.sued to David Graber, aged 21, a carpenter, and • I’ydia Zook, aged 24. A marriage license was issued to Albert Burke, 21, a Tarnier of Blue Creek township, and Zona Clark, 20, daughter of Reuben Clark. Real estate trans'fers: Amelia A ■ Boyd to Walter A. Spaulding, trail in French tp., $1200; Richard Harker to Matty Harker, 20 acres in Union ' tp., SI.OO. . • ... • $

BIG SHOW REST OF THE WEEK. Manager Biggs of the Crystal has a Great Vaudeville Turn—See It. We can offer the patrons ol the Crystal theater for the rest of this week the biggest and best show eier offered to the Docatur public foi a nickel. In addition to our other extra good reels at this time we have arranged for the appearance, on Thursday, Friday and Saturday, of Prof. Ed D. Martin, Fowler and Jack, the world’s greatest stars in acrobatic gtunts, contortionist work, juggling, spinning, posing, balancing o slack wire, etc. An entire change of program each evening, and if you want to see the best, come to the Crystal this week. RECORDS SMASHED Present Cold Weather Has Everything Beaten in Many Years. DAMAGE IS CAUSED Telegraph and Telephbne Wires Snapped by Low Temperature. The present cold snap is just about the best sample, all wool and a yard wide, of genuine ice-making weather <that has struck this community in many moons, and last night was the big night for the mercury on its downward flight. It is said that at 2 o’clock this morning the official thermometeK registered twelve below, while at 7 this morning she hovered between the eight and nine figures. Reports from over the state show that the same conditions, exist in every section. Since the ice men have done fairly well during the past week or two, we rather feel thankful that the weather man has announced a rise in the temperature for tonight and tomorrow.

(United Press Service.) Indianapolis, Ind., Dec. 30. —(Special to Daily weather records since February 13, 1905, were broken here today, when the government thermometer registered eight below at 7 o'clock a. m. In 1905 the lowest temperature was sixteen below. Dispatches from over the state show low mercury. At Fort Wayne it was eight below at 8 o’clock. At Marion it was thirteen at 1 o’clock this morning, being the lowest record in twenty-one years. About the same temperature was shown by the government thermometers at Muncie, Wabash, Peru and various other places. Telephone and telegraph communication from Indianapolis to Chicago, Louisville and southwest Indiana cities were destroyed today by the cold weather snapping the wires. . (United Press Service.) Detroit, Mich., Dec. 30— Special to Daily Democrat) —The records for cold weather were cut to pieces in many places in Michigan for the last thirty years today, when the thermometer dropped far below zero. It was colder at 9 o’clock this morning than any previous time during the winter. (United Press Service.) Birmingham, Ala., Dec. 30. —(Special to Daily Democrat)—The coldest weather ever reported in Alabama, according to the government records, reached a climax today, when the thermometer went to four above zero. Intense suffering is reported. (United Press Service.) Evansville, Ind., Dec. 30. —(Special to Dally Democrat)—The Ohio river was frozen over at noon today for the first time in six years, thus stopping the flow of ice. The temperature' early today was three above zero. Business is badly crippled here. ■ o ■ DISASTROUS FIRE AT LEXINGTON (United Press Service.) Lexington, Ky., Dec. 30. —(Special to Daily Democrat) —Fire destroyed a large brood barn at the Wiles farm -here last night and twenty-nine trotting horses W. D. Stokes and other horsemen of the country, were burned to death. The loss will ■ .ceed $50,000.

CHANGED HIS MIND Russ Harrqff Started to New New York City Today Via Fort Wayne. OFFERED A GOOD JOB With Fort Wayne Electric Works and Which he Promptly Accepted. t Russ Harruff, of Oxaca, Mexico, who has been the guest of his parents, Mr. and Mrs. H. H. Harruff, and other relatives and friends here for several weeks past, has accepted a position with the Fort Wayne Electric Works, and will begin his duties there January 10th. As is well known here, Russ is a clever newspaper writer and took his first lesons in this city, going to Mexico City, six years ago, where he secured a job on the Mexican Herald, where he worked for two years in various lines and then went to Oaxaca, several hundred miles south, where he managed a paper for several years. Lately he has become interested in a number of mining properties, which may turn out good in the future. Russ brought home from Mexico quite an amount of trinkets, rugs, blankets, wearing apparel, etc., and has arranged a . Mexican den at the home of his father on Fifth street, which is certainly of much interest to all who care for the study of the manners and ways and customs of the people of other countries. He also has gathered up a number of old books, including one in Latin, printed in 1602. He will likely return here in the early summer for a short stay before returning to the south. Russ started for New York City this morning, going to Fort Wayne, where he purchased his ticket and had his baggage checked through. He was to leave at noon and just happened to drop into the office of the electric works, where he was offered a good position, owing to his knowledge of Mexico and the Spanish lan(Continued on page 2.)

CHURCH WARMING Mite Society of the Method- - ist Church Hold Their First Meeting "■ ■ X IN THE NEW CHURCH Since Its Remodeling—Assisted Materially in New Improvements. Feeling that their efforts were so crowned with success, and rejoicing therein, the Mite society of the Methodist church, which has contributed so much to the new interior remodeling of the church which has just been finished, decided to hold,their first meeting in the church parlors instead of at the home of any of the members, as is customary. The meeting was held Wednesday afternoon, and the members, with their friends, numbering about sixty in all, were in atendance at this pleasant affair. The meeting was more strictly social than is usually the case with the society, and a very good program had been arranged for the occasion, the following being given: Vocal Solo —Marie Alilson. Piano Duet —Nellie Nichols, Vera Hower. Vocal Solo —Dwight Peterson. Recitation —Gladys Flanders.. During the afternoon light refreshments were served. The work of the society is quite a noble one, and the order has done much for the material benefit of the church. The entire work of the interior of the church — the frescojng and finishing of the woodwork, and other minor things, was provided by these earnest workers, who rejoice inded that they arei thus able to contribute their mite I to the Master's cause.

K. OF P. ELECTION TONIGHT. Last Meeting In the Old Hall—New Building is Nearly Finished. The Knights of Pythias will hold their annual election of officers tonight, and in adition to this there will be the voting upon applications of about seven or eight candidates for membership in this lodge, which is growing. The meeting this evening wil be the last one in the old ha’l. Already the furnishings are being moved to the fine new home on Third street and next week will no doubt see the finish of the installation of the large amount of the new furnishings which have been purchased. The first meeting in the new building will be held next Thursday evening. Workmen are now setting the radiators for the heating plant. NEARS COMPLETION Old Folks Home at Warren Will Soon be Ready for Good Work. THE DEDICATION Will Occur About April 6th. During the Week of Conference at Bluffton. The trustees of the Old People's Home at Warren had an interesting and busy meeting at Warren Tuesday, and before the session was ended many things were on the way that will make of the home quite an institution in the state of Indiana. Formerly a committee of three had been selected from each of the Southern Indiana and Northwest Indiana conference to confer with the North i Indiana conference in regard to making of the home a state wide institution. At the meeting the three conferences in the state were represented in the persons of F. A. Buck, of New Albany; George W. Switzer, of Lafayette, and Rev. Hollopeter and Martin of the North Indiana. The representatives of the other conferences wer» well pleased with the plans, and decided to recommend to their conferences the taking hold of the project. The terms required is that each of the other two conferences raise a similiar amount to that of the North Indiana conferences, less the amount contributed by Mr. Chopson. Should the rcommendations made by these gentlemen be accepted and the money is raised, the home will be of state wide use.

The building is almost finished. The carpenter work will be finished this week, the heating plant is being installed, while the painters are keeping pace with the carpenters. Ten days, or two weeks at the longest, with moderate weather, will see the building entirely ready for occupancy. It was decided at the meeting of the trustees Tuesday to have the dedication of the home the week of conference, which is to be held in this city next April, and it will be one of the features of the program for that week. The place will be dedicated either on Wednesday or Thursday, April 6th or 7th, of conference week. This will insure a very large crowd, as in the neighborhood of six hundred ministers and their wives will be here to attend conference —Bluffton Banner. HAS SENT ULTIMATUM. (United Press Service.) Managua, Dec. 30.—(Special to Daily Democrat) —It is rumored here today that provincial president Estrada has sent an ultimatum to President Madriz, in which he states that the only condition under which he will agree to a cessation of hostilities and the proposed attack on Managua is the selection of a president from the revolutionary forces or an agreement for an open election. o ■ , - TAFTS ATTEND WEDDING. (United Press Service.) Washington, D. C., Dec. 30. (Special to Daily Democrat) —The Taft family left here today for New York City to attend the marriage of Miss Lopise Taft to Mr. George Snowden, the event to occur at the home of Henry |W. Taft, brother of the president, and I father of the bride. The president | will return ot Washington Friday.

Price Two Cents

PLEASANT MEMORY Is That of the Musicale Given Last Evening by Pupils of Academy. DIPLOMAS AWARDED To Thirty-Nine Who Pass Into Higher Grades— Two Gold Medals. The third annual musicale given by the pupils of the Sisters of the Academy of St. Agnes at Bosse’s opera house Wednesday evening is now but a pleasant memory, and the thirstudents who participated therein and received their diplomas, marking their passage Into a higher grade, are left with energies renew, ed for their determination of a more zealous cultivation of the fine art. The musicale was attended by a large audience, every one of whom is much pleased with the efforts of the pubils and note a great progress in their work. The music consisted of vocal and piano duets, solos, quartets, andi from the tiny tots to the ones older grown, the work and care displayed by the untiring efforts of the faithful teachers, was manifested in a pleasing way. most commendable to the teachers. The rendition of all numbers, some of which are most intricate and difficult of Interpretation, were given in a most praiseworthy way, and showed a most clear conception of the mind of the composer, and the sympathy of the player therewith. The technic of each player was good, and the time as nearly perfect as it is possible to be, even to the two, three or four, who played in unison, each in perfect sympathy and accord with the other. Between the parts of the program came the “Humanophone,” truly accorded a new invention of musical instrument, and which was introduced for the first time by Professor Norbert Holthouse and his assistants, though the public had no little difficulty in recognizing in the silk-tiled, bewhiskered, evening-dressed ‘’profs’’ or the little black-faced, clownishlydressed chaps, who assisted, as some of our well-known boys. And now as to the “humanophope," that strange instrument. A large white canvas was stretch, ed across the stage, on which was drawn with charcoal a large music staff, on which was written the scale. The peculiar part, however, was the fact that in the place of the notes were round holes in the canvas, through which appeared the heads of little “black niggers,” with shiny faces, red lips, and chinawhite eyes. And the musical stunts which these human notes did, each with its own peculiar tone, wore quite wonderful as well as creative of fun. An assistant to Professor Holthouse was at hand with a grinder, which he constantly turned, and of course it was due to his efforts that the “humanophone" made music.

Special mention should be made of the vocal selections, which were exceedingly fine. Little Miss Augenbach rendered in a delightful way, “Since Will Became a Boy,” and a vocal solo, “Pictures in the Fire,” was given by Miss Clara Terveer; a vocal duet, "Fairy Bowers,” by Mrs. Gerard and Miss ‘fcrveer; "Drifting With the Tide,” vocal solo and quartet, by Miss Terveer, Mrs. J. Q. Neptune, Dr. J. Q. Neptune and Herman Yager, and “Moonlight Will Come Again,” by Mr. and Mrs. L. A. Holthouse. Dr. and Mrs. J. Q. Neptune, were all given in a very excellent way and much appreciated by the audience. At the close of the musical Father Wilken, in a pleasing presentation speech, awarded to the Misses Naomi Niblick and Agnes Kohne each a gold medal, due them for having completed the studies of the seventh In the academy. Each !I,so received diplomas in a handsome gilt frame. Then came the giving of the diplomas to the following who have completed the studies of their various grades: Matilda Heiman, Margaret Kiting, Mary Lyon, Lulu othy Walters, Dora Schlickman, Edith Ervin, Rosa Colchin, Thelma Zerkle, Adelia Sellemeyer, Emma Kinney, Florine Edwards, Cecelia Andrews, Celia Andrews, Effie Johnson, Bernice Andrews, Ena Martin, Estella Brown, Mrs. Fred Vaughn, Ethel Ervin, Raymond Keller, Omar (Continued on page 2.)