Decatur Daily Democrat, Volume 8, Number 123, Decatur, Adams County, 25 May 1910 — Page 1

Volume VIII. Number 123.

DAY’S PROGRAM Sam Henry Post Arranges Memorial Day Program. decorate GRAVES The Address at the Court Room to be Made by the Hon. Clark J. Lutz. Hall of Sam Henry Poet, No. 63, G. A. R. The Committee on Arrangements respectfully report the following program for observance of Memorial Day, .Monday, May 30. 1910: Captain R. D. Patterson is hereby appointed marshall of the day, with j. W. Tyndall. J. T. Meyers and John 8. Peterson as aids. Ihe following Sons of Veterans are appointed to decorate the court room, where the public exercises will be held, to place cenotaph in position and act as ushers: Ed Lyons, John Parrish, Dr. W. E. Smith, Charles Teeple. Harry Helm and Hugh Hite. At 9 o'clock a. m. the Post will meet at the hall and march to and decorate the graves of ex-soldiers at the old Catholic and city cemeteries. At 10 o’clock a m. the Post and W. R. C. wil meet at the Post hall and proceed to and decorate the graves of the old soldiers at Maple- | wood and St. Joseph cemeteries. At 1 o’clock a. m. the Post and IV. R. C. will assemble at the Post hall and march to the circuit court I room where the folowing program : wil be observed: Music by the Band Invocation —Rev. R Spetnagel. Reading of Orders by Adjutant. Flag Drill by Chidren (Led by Mrs. Lyons.) Ritualistis Services by Post. Song—Quartet. S. of V. Address —Hon. C. J. Lutz. Vocal Solo —Gladdis McMillen. Address—Rev. Theo Wilkens. Quartet —J. Q. Neptune and others. Closing Prayer and Benediction — Rev. I. Imler. At close of service G |A. R. and W. R.C. will form and maJh to and decorate cenotaph by G. A R., and miniature grave by W. R C.df all soldiers of the Civil war buried in unknown graves. After services at the < enotaph the organizations represents: will form on Third street as Mows: City band, scnool children. It tievolent orders. drum corps, W. R. < led by mascot. and G. A. R. Post it pear of line. Advance of the line Will rest on Monroe street. Line of rtrch: North on Third street to Jataon street: thence west on Jackso to Fifth; thence south on Fifth to Adams street to Second street; hence north on Second street to Mnroe street; thence east to the river fridge where the waters will be decorted in memory of the deceased silors. Alter whiCu procession wiH ountermarch on Monroe to Fourth stret; south on Fourtu street to Adams;east on Adams to Third street; thene north on Third street to Monroe areet, where the procession will disbad. Respectfully subiitted. VINNiE LYONS, ChrmW. R C. J. D. HALE, Chrm. G. .. R • Committee on Aiangements. SAVING CANNON FOR HG ISSUE. Will Not be Unseated But Vill be One of the Chief Isses. (United Press Berre.) Washington, D. C„ Maylo —(Special to Daily Democrat)-lt became apparent today that Canntiism is to be the big issue in the cming congressional campaign. A powerful wing of the insurgents ha determined not to attempt to unswt Cannon as speaker this session bt to save him as the big issue forth fight this tall. They feel confident the support of Roosevelt. One mson the progressives also hesitate the difficulty there would be in noosing a speaker now. The insurgnts would not vote for a democrat oia regular republican and the democits would not vote for a republican. Mrs. Frank Parent andiaughte:. Mrs. John Hesler, went to Fort Wayne yesterday afternoon o attend ’he funeral of Mrs. DelphimMarshal. which w as held this montig at 11 o'clack in the cathedral.

DECATUR DAILY DEMOCRAT.

| LIVELY CONVENTION, Democrats Denounce Payne-Aldrich Tariff Law—Three Candidates. (United Press Service.) ' Richmond, Ind., May 25—(Special to I>«ily Democrat)—Denouncing the Payne-Aldrich tariff law as the crowning iniquity of the age and withholding any Indorsement of John W. Kern for senator the Sixth district demoi crats today held a lively convention 1 here to name a congressman. The senatorial record of B. F. Shively was commended. C. B. Johnson served as ; temporary chairman and H. L. Majors of Shelbyville as permanent chairman of the convention. Three names have been placed before the convention: L. H. Mull of Rush county, Finley Grey of Connersville and Thomas H. Kuhn of Richmond. SUPREME COURT Decides the Amacher-John-son Ditch Case Again— Favors Amacher. OVERRULES FINDING I The Reversal of Miller Case a Great Victory For Judge Erwin. i i The supreme court Tuesday handed • down a decision in the case of Johnson vs. Amacher, which was appealed last October. In the case filed for a new trial on the grounds that the shorthand record in the case could not be obtained, it was venued to Fort Wayne, where Judge O'Rourke held that a new trial was necessary. An appeal was taken from this decision on point of law and the court declares as follows; 21539. Amacher et al. vs. Johnson, Allen C. C., reversed. Monks, C. J. <1) A new trial is not given as a right by the constitution. It is a statutory right. (2) The inability of the shorthand reporter to either take down or copy the evidence is not a cause for a new trial. (3) Under Sec. 589, Burns, 1908, an application for a new trial for causes discovered after term are only such as would have been a cause for a new trial if known during term. Judge Erwin of Fort Wayne has won a great fight in securing a new trial for Herman Miller, who- was convicted of the murder of Marshal Croy of Woodburn. Miller was convicted two years ago and since that time Judge Erwin has worked incessantly for a reversal of the verdict the he believed wrong. The announcement made Tuesday that that the supreme court of Indiana had granted a new trial is explained by the following minutes on the verdict: 2154". Miller vs. State, Allen C, C. Reversed. Jordan, J. (1) Unless the appellant can show that a material error, which might be prejudiced, did not injure the appellant, it will be presumed that it did injure him. (Reed vs. State, 141 Ind. 142, modified). (2) Defendant's wife was witness to prove an alibi. She was crossexamined about a heartless remark she made about the victim's corpse, which she denied. It was error to allow the state to introduce witnesses 'i to prove the remark. (3) An immaterial statement not made under oath cannot be made the basis for the impeaching of a witness who denies making the statement. (4) The statement of the defendant to the sheriff ' that he disliked a certain witness is not proper evidence. (5) Where a ' witness is questioned as to when a gun was found on a certain lot, and in 1 answering it he states that defend- ' ant's wife said defendant tried to kill 1 her t he answer should have been ! struck out as not responsive to the question. Frank McConnell was a business ’ caller at Berne this afternoon. ! Miss Esther Evans was a guest at r the Cal Kunkel home at Monmouth 1 today. Howard Wisehaupt returned today from Bluffton, where he made a visit , W |th relatives for a short while yest terday. 1 (’Dalmer Schafer left this noon for , Indianapolis, where he will attend the 9 automobile races, which will beheld there the remainder of the week. 1 -

Decatur, Indiana. Wednesday Evening, May 25, 1910.

TALK SOUTH LINE 1 , Business Men Discussed the Feasibility of Another Railway Subsidy. '. FOR TRACTION LINE I - I Agree to Assist the Company in Such an Election to Reach Monroe. About thirty business men gathered at the library Tuesday evening, where it was announced some important matters were to be discussed. Will P. Schrock presided and announced that the principal purpose was that of talking over the possibilities of the interurban company going south .this summer. Manager Fledderjohann was not present but it was stated that the company had been assured the necessary money to build the line from here to Monroe, provided Decatur and Washington township would vote an additional subsidy of $15,000, making a total of $20,000, as a $5,000 subsidy was voted them some two years ago. It was also stated that Berne people had expressed a willingness to hurry the road along from Monroe to Berne when the time comes. The proposition of halding and carrying a $15,000 subsidy election was discussed pro and con Tuesdaynight and the opinion of those present seemed to be that such an election could be carried if the business men of Decatur would get a hustle on them. After an hour’s discussion a motion was made that all who were willing to “get up and dust” for this purpose should rise to their feet. This carried, as practically all present stood up. The will of the meeting was ordered expressed to the railway officials and the business men concluded to await the further pleasure of that organization. It is probable that a petition for such an election will be filed at the meeting of the county commissioners on June 6th and that the election will be held about July Ist. A WORK OF ART Will be the New Fence For the Decatur Cemetery— Artistic Entrance. THE WARD FENCE CO. Made the Designs—Fence Will be Finished by First of September. By September Ist the beautiful Decatur cemetery, commonly, though not officially known as "Maplewood Cemetery," will be set off from the street at the front by a handsome iron fence. Some time ago the cemetery association, finding that the building of a new fence was a necessity, authorized M. E. Brackett of the Ward Fence company, to present plans and specifications for the same and these were presented at a recent meeting of the association and adopted. The fence was designed especially by the company for the Decatur cemetery and combines all the requirements of use with unusual beauty and grace, he entrance is especially attractive. According to the plans the entire entrance, with the large gate for the driveway in the center, the two gates for the walks on each side, and adjoining these, two oval plot enclosures for shrubbery—will bfe about fifty-four feet wide. The enhance gate will be a massive structure, about six feet high, with beautiful scroll work. At each side will be two large posts, with cement pedes-, tals and caps, and vitrified brick columns, three feet square. Smaller posts, similar to this will be set at the other sides of the small walk gates, while at the extreme end of the entrance allottment will be smaller posts. The entrance forms a bow. At each end of the bow oval beds, eighteen feet in diameter, through the longest way, will be set off for the planting of shrubbery. As a backl ground for these plots and forming

’ the ends of the entrance allottment * will be a brick wall, surmounted by a low iron fence of exquisite design, the wail aud fence making a background about four feet high. The in--2 side of the shrubbery pots will be bordered with a low cement curb, and this in turn bordered by cement walks. The whole, entrance may, however, be paved with cement. The remainder of the cemetery front will , be inclosed with heavy iron fence of appropriate structure, known as a three-rail iron fence, with five eightinch pickets. The entire plans have . been designed by the force of the Ward Fence company, and they are certainly to be complimented for their artistic and creative ability. The cemetery, which is already one of the most beautiful in this part of the state, will be made much more so with this added improvement. — o EITING - GEIMER J , 8 5 Impressive Wedding Solemnized This Morning i at St. Mary’s Church. ) BY FATHER WILKEN > k J Wedding Dinner at Home of Bride—Festivites at K. ■ of C. Hall. i The St. Mary's Catholic church was 1 the scene of a happy wedding this morning at 9 o’clock, when Father Wilken performed the ceremony uniting the lives of Miss Margaret Eiting and Mr. Fred Geimer. The young couple were attended by the bride's sister, Miss Elizabeth Eiting and the groom's sister, Miss Mary Geimer, as bridesmaids, and by the groom's brother, Joe Geimer, his cousin, Raymond Braun. The bridal party made a very pretty appearance— the young ladies gowned in dainty and lovely costumes of soft tints and {he gentlemen in suits of black —as they proceeded to the altar, where the solemn vows were taken. The bride was lovely in a gown of white chiffon over white silk, made princess style with a guimpe, and enhanced by pearl trimmings. She wore a large white hat, trimmed with pure white lilies of the valley, and a spray of these beautiful flowers were also used as a marker for the white prayer book which she carried. Miss Mary Geimer wore a frock of sheer white lawn over pink, with trimmings of lace. The large white hat which she wore was garlanded with ping blossoms, and the blossoms she carried were pink carnations. Miss Elizabeth Eiting was equally charming in a dress of white with a foundation of blue, while her hat of snowy whiteness was trimmed with the blue for-get-me-nots, and the bouquet which she carried was of white bride’s roses. The ceremony at the church was followed with a wedding dinner at noon at the Eiting home south of the city, of which about eighty-five guests, including the aunts, uncles, parents and older relatives of the bridal couple partook, the repast being a most sumptuous one. The home was beautiful for the occasion with potted plants and spring flowers. Tnis evening the festivities will be carried furthbr with a ball at the K. of C. hall, to which a large number of the cousins and the younger relatives and friends have been invited. Dancing and music and happiness supreme wiil reign and at 11 o’clock a lunch will be served. Ampng the out-of-town guests were Mr. and Mrs. J. A. Reitz of Hillsdale, Michigan, Miss Rose , Schroeder of Madison; Mr. and Mrs. John Gross, Newcu --e Misses Florence Snyder, Flora Blomker, Carrie Beagle and ~»eanor Hockemeyer, Fort Wayne. The bride is tne daughter of Mr. and Mrs. Cornelius Eiting of south of the city, and is a most charming lady. The groom is a son of Mr. and Mrs. John Geimer, living east of the city, and is a young man of much enterprise and many good qualities. They wo. be at home on a farm east of the city and that much happiness may be theirs is the wish of all. ‘ .— o ——- THREE THE THIRD DEGREE. The Knights of Pythias have planned for a specially good time for tomorrow evening, at which time three candidates will be given the third degree.

: THE COURT NEWS Joseph Winteregg and Jas. 1 H. Stone Named as Board of Review Members. » I ——• A WILL PROBATED > Two Marriage Licenses— Mesel-Rayne Case Drags Along Slowly. The court today appointed Joseph D. Winteregg and James H. Stone as members of the board of review for this year. The Mesel vs. Rayn case progresses slowly and will probably not go to the jury before Friday. Attorney Butcher for the plaintiff stirred up a “fuss” Tuesday evening when he asked a question touching on the creditability of one of the witnesses. The jury was sent out and the lawyers fought out tne legal tangle, the court holding that the witness need not answer. A marriage license was issued to Minnie M. Blauvelt, 23, Fort Wayne, to William J. Shoemaker, 26, arch builder, of this city. Fred J. Geomer, 24, farmer, and Margaret C. Eiting, 18, were granted a license to wed. The will of Elizabeth Gase was probated. She gives to her husband, Philbert E. Gase, 18 acres of land in Union township; to Elizabeth Spooler, 28 acres, also in Union township. Philbert Gase is appointed as executor. The will was written May 19, 1910, and witnessed by John Steigmeyer and J. E. Ulman, and signed before ’Squire W. F. Worden. Real estate transfers: Benjamin S. Brown to Henry Richard, tract In Monroe tp., $515; Martin Beery to Hattie Beery, 20 acres. St. Mary’s tp., $1400; Martin Beery to Wilson F. Beery, 20 acres, St. Marys tp., SI4OO. o DISPLAY READY Art Work of Students of the City Schools Hung For Two Days’ Exhibit. ■■ CENTRAL BUILDING Exhibit on Ground Floor—ls Arranged According to the Grades. One by one under the careful management of Miss Bess Schrock, teacher of art and music in the public schools, were the pieces in art, a good representation of the work of the pupils during the past year, hung in place in the Central school house today, ready for the art exhibit which opens Thursday for a two days’ display, Thursday and Friday afternoons, from 2 to 5 o’clock. The work includes studies in charcoal, water color, pencil, pen and ink, design, pose drawing, perspective, paper cutting,' etc. The display Is given over to the ground floor this year and is arranged .carefully according to the grades. Room 1 is given over to the work of the primary grades; room 2 to grades two and three; room 3 to grades four, five and six; room 4, seventh grade; room 5 to the eighth grade and high school. All the work Is excellent and shows a very high standard of natural ability brought to a fullness by excellent training. Several unique pieces are attracting attention, among them being the circus designed and executed by the primary pupils nf Miss Congleton. This is made in a table filled with fine white sand, around which as a border grows a row of green oats, representing grass or shrubbery. In this is a three-ring circus, with tents, wagons, caged animals, performing animals, and even the ticket stand with its agent at the entrance —a circus complete, every piece of which was made and placed by the children. The pupils of Miss

5 Winifred Johnson have on exhibition a doll house of four rooms—kitchen dining room, bed room and living room, which they designed and made The wail paper, the cut paper cur >• tains, and all the furniture Is their handiwork, and shows much Inge nuity, both in creation and execution Miss Bailey’s pupils have an interest ing display of birds in their natural colors, each one of her pupils con tributin to this. The display is a very ' pleasing one and a targe attendance will no doubt be in evidence Thursday and Friday. The public Is cor- _ dially Invited. o Miss Frances Gast and Catherine Mills of Lima. Ohio, are in the city visiting with friends and will attend the dance given at the K. of C. hall this evening. 1 Q p A SUDDEN DEATH 8 e Samuel Tumbleson of Blue Creek Township, Victim 1 of Heart Trouble. i ‘ WAS WELL KNOWN , Veteran of Civil War and Was With Sherman on His Famous Marches. i 1 Samuel Tumbleson. one of the best known citizens of the county, died very suddenly at his home in Blue ■ Creek township at about 6 o'clock , Tuesday evening. For some years he i had been a sufferer from asthma, . which affected the respiratory organs and caused him to suffer severely at times. An attack of heart trouble , Tuesday evening ended his life within a few moments. He was sixty-six years of age and had lived in this county nearly all his life. He was a veteran of the Civil war, enlisting in Company I of the 91st Ohio Volunteers on July 2, 1862, and served three years, being discharged at the expiration of that time. His regiment belonged to General Sherman's army and Mr. Tumbleson was with his command in all its famous marches from Chattanooga, Tenn., to Washington. D. C., where they had the final review. Mr. Tumbleson was a brave soldier, and a very popular one with his comrades and officers. He is survived by the widow, two sons and four daughters, besides numerous other relatives and (fiends. Q HAPPY WEDDING BELLS. Miss Mary Morrison Becomes May Bride of Donald Eichar. A happy wedding of last Sunday in which Adams county folk are Interested was that of Miss Mary Morison to Mr. Donald Eichar at the home of the bride’s parents, Mr. and Mrs. David Morison, in Mercer county, Ohio. At high noon, as the strains of the wedding march were sounded by Mrs. William Morrison, the bridal party led ■ by Rev. H. Kohn, proceeded to the altar, which had been improvised with , many beautiful flowers and decorations. where the ceremony was pronounced by the Rev. Kohn. The bride was handsomely gowned and carried a bouquet of flowers, making a very charming picture. After receiving congratulations and best wishes a fine dinner was served, for elaborate preparations had been made, those present being Mr. and Mrs. David Morrison, Mr. and Mrs. Williams, the widow Morrison, the bride’s grandmother, Mr. and Mrs. Nathaniel Figley, Mr. ' and Mrs. Fred Morrison and children, Mr. and Mrs. William Morrison and son. Mr. Flaid Morrison, Mr. Elton Vining, Rev. and Mrs. Kohn. It was a very pleasant event. The young couple have the best wishes of a large circle of friends and relatives by whom they are favorably known. They will be at home with the groom’s grandmother. Mrs. David Eichar, east of Willshire, where the groom has grown to manhood. May peace, prosperity and happiness be theirs through life is the wish of their many friends. • o— CASE IS DISMISSED. The case against Ottp Bremerkamp for public Intoxication was dismissed on motion of Prosecutor Heller. Otto was arrested two or three weeks ago by Marshal Peterson and taken from ’ an interurban car. He took a change of venue to the court of J. H. Stone, where it was continued until MonI day of this week, when it was dis I : ■ missed. I

Price Two Cents

WAS COLD BLOODED g r ■ Joseph Smith. Brother of Mrs. Anker, Was Killed 1 ‘ on the Sidewalk. ll 1- — eBY BROTHER MINER rJack Welch, the Murderer, is e Now in Jail at Danville d —The Story. ii The Danville (Ill.) CommerciaiINews in its story of the murder of Joseph Smith, brother of Mrs. Anker, of this city, said in part; John (Jack) Welch, identified with a one of the Westville locals, United Mine Workers of America, in an official capacity, a coal miner and a resident of Westville for the past twelve years, shot and almost instantly killed Joseph Smith, a brother miner and a veteran of the Philippine war, Mon- [ day evening at 6:30 o'clock. The killing. which occurred in front of Joe Towada’s saloon, corner of State and . Main streets, which is in the heart 1 of the busines district of Westville, was not unlike a number of tragedies that have occurred in the little mining city during the past few years, but caused more than the usual amount of excitement, owing to the prominence t of the two men. I “After firing the first shot that . caused the death, and watch- : ing him fall to the sidewalk, Welch • replaced the revolver in his pocket , and after walking through the Towada saloon, started north on West Main street. Deputy Sheriff Fred Vutrick who was withih a short distance of the Towada saloon, and who heard the shot, started in pursuit of the man and soon overtook him. Welch offered no resistance when the deputy sheriff placed him under arrest and disarmed him, but quietly accompanied him to this city. “The first bullet fired struck Smith in the arm, and after passing through that member entered his body just above the heart, inflicting a wound that caused death within a few moments. Smith, after the shot had been fired, staggered backward about ten paces, turned around a couple or three times, then sank to the sidewalk. He bled profusely. “Smith, the murdered man, was thirty-three years old, and a member of one of the oldest families residing at Westville. He served three years in the regular army and while in the service in the Philippine Islands contracted some disease that caused him to lose the sight of both 1 eyes for some time. He had but re- ■ cently recovered the sight of one 1 eye. Smith was a son of Mr. and ‘ Mrs. Dawson Smith, and besides the I parents is survived by the following - brothers and sisters: Andrew, Frank ■ and Oscar Smith of Westville; Mrs. Stella Downing and Misses Gertrude I and Hazel Smith of Westville, and ' Mrs. Albert Anker of Decatur, Ind., 1 formerly of Danville. Mrs. Smith, the murdered man’s ■ wife, is in a delicate condition, and ‘ it is feared that the shock will cause her death. “Welch is also a married man, and has two children, a boy about thirteen years of age, and a daughter nine years old. Mrs. Welch heard of the shooting shortly after Deputy Sheriff Vutrick had arrested her husband. The tragedy prostrated her and she was in a serious condition Monday night and Tuesday.” ' o J. C. PATTERSON ILL. • J. C. Patterson of the Western Ur. ion telegraph office and National Express agent, who had been off duty several days last week on account of sickness, but who returned to the office yesterday, Is worse today and was unable to put in an appearance today, being confined to his bed. Milo Trout, who substituted last week, is filling > his place again today. This is the ’ ‘first time in fifteen or sixteen years that Mr. Paterson has been obliged to discontinue work on account of sickness. 5 — o1 WILL COLCHIN REMODELING. :> W. C. McKinney this morning be5 gan work on the repapering of th' 1 Will Colchin ice cream parlor in the 3 interurban building. The work is be ding done In buff and olive green. I which is a most artistic combination land when finished will be one of the I finest in the city. i tutui agM) l "' •