Decatur Daily Democrat, Volume 11, Number 44, Decatur, Adams County, 20 February 1913 — Page 1

Volume XI. Number 44

FORGOTTEN WILL; 1 gP f Katy Faylor Popped Into I Court by Heir Out of Litigation ft-' THE FAMOUS CASE ftprings it Just as Heirs Get I Ready to Take Possession of Land. _____ 1 Another corner was put on the controversy over the fainBus Katy Faylor land, over which the Hamous Faylor-Studabaker case tried Ken- arose, in which so many DecaKur ’attorneys were interested. The Sfeluffton Banner says: g "A sensation was sprung in the famKus Catherin Faylor will case in Kircuit court this morning, when Roy ■Faylor, an heir who has apparent’y K- forgotten in the litigation, preKented the last will of the deceased. Katherine Faylor, to Special Judge R. Bp I Hartford, for probate. The will, Khicb was written January 23, in ■was probated and objections were filed By Mock & Mock, representing The Ks Faylor of Pennsylvania. The will, ■although offered for probate shortly Kfter the death of Mrs. Faylor. had g practically been forgotten and its prKentation in court today by the heir ■ who has also been left out of all ■former actions, came as a big stir■prise to many of the attorneys who ■have been in the case. The suit to ■resist the probate of the will, which Ewas filed in the circuit court. Septem- * her 4, 1902, was set for trial on next ■Monday. This suit was filed follow■ng the offering of the will for proKate, but at that time Roy Faylor. who Kresented the will today, was not Sinade a party to the suit. > “The will of Mrs Faylor was writSten on January 23, 1900, and was witfciessed by W. H. Eichhorn, present ■fudge of the circuit court, and W. J. ■Dustman, former county treasurer. ■ “Item one of the will requires that KBll just debts of the deceased must ■first be paid from 'he estate. “Item two bequeaths the following Mums of money to Joseph Faylor, oldBest son of Isaac Faylor, deceased ■brother of Catherine Faylor, $200; ■ Susannah Koontz, daughter of Isaac ■Faylor, $500; to four living daughters ■of deceased brother, Gottlieb Faylor, ■viz.: Fannie, Katie Ann, Amanda and ■ Mary Ann, $200; children of Elizabeth ■ Hunsicker, daughter of Gottlieb Fay■lor, if any there be, 1800, to be dividBed equally among them; John Henry ■ Faylor, son of Gottlieb Faylor. $100; ■ Roy Faylpr, son of John Henry Fay- ■ lor, $100; Elizabeth Stout, daughter of ■ the brother, Solomon, Faylor, $500; ■ Peter Faylor, son of Solomon Faylor, I $200; George Faylor, son of Solomon ■ Faylor, $200; John Faylor, son of I Solomon Faylor, $200; Rebecca Hontz, I who lived with the deceased Fatherline Faylor, $25; to Susannah Koontz, lif Joseph Faylor should die before I Catherine Faylor, hia share. “Item three of the will states tint lit is the wish of the deceased •'at! ' ’ I in Kaylor that the property remainI ing after the payment of the legacies I named, shall descend to the relatives | named except Rebecca Houtz, In the I same proportion as sot out In the I amounts given them. The property is I then described and allows the doceased to have been the owner of 123.60 acres of land just northwest of the city along the Wabash river. "Item four names D. D Studabaker as executor of the will and it gives him power to make distributions as set out “Just a few weeks ago the supreme court of Indiana hand* d down the final decision in the case of the Faylor heirs against D. D. Studabaker and this case was to contest a deed to land made to Mr. Studabaker by the deceased Catherine Faylor. After being in the courts for several years the higher court gave out its final decision in favor of the heirs, and a suit for the partition of the land is now pending In circuit court. The will of the deceased, Catherine Faylor, did not enter into this suit. “Mrs. Faylor died July 2, 1902, Icav- 1 ing the estate valued at $20,000. The will was offered for probate later and a suit was filed to resist the probate, D. D. Studabaker, known as the executor, being the defendant. This case has been pending since that time, the plaintiffs alleging that the deceased Catherine Faylor was of un(Oonfcww ob Wage 2)

decatur daily democrat

VICTORIAN SERENADERS. I —■ The Vlctirian Serenaders, a quartet lof musicians with a deader, from the Colt Lyceum Bureau, arrived today from Pennville, and this evening' at ,7:45 will give an entertainment at the Bosse opera house. This is the (tnlrd number of the high school lecture course. All should take notice that the opening hour is earlier, as the company must leave on the Clover Leaf train west at 9:52. The fourth number of the course Ib a lecture, Monday, March 3, by Albert Edward Wiggam. QUARTERLY conference. Rev. 8. h. Baumgartner of Indianapolis will preach this evening at 7:30 at the Evangelical church. Let a lull house be present. Quarterly conference after the sermon. — o- - - - AN EX-OFFICIAL — Wm. Baughman, Former Adams Recorder, Died at Lutheran Hospital AT 8:30 THIS MORNING Decatur Masons in Charge of Funeral to be Held Here Saturday Afternoon. William Baughman, former Adams county recorder, and for years one of the best known men of the county, died this morning at 8:30 o’clock at the Lutheran hospital, Fort Wayne, from paralysis,* at 4he age of eighty-six years. About ten years ago Mr. Baughman went td Fort Wayne to reside with his daughter, Mrs. Clem Pittman. A short while before the holidays he entered the hospital for an operation, and neyer regained his former good health, his advanced age being against him. Had he lived until next September 26, he would have been eighty-six years old. Mr. Baughman was a native of Ohio, being born September 26, 1827, at Mansfield, Ohio Nearly half a century ago he came to Adams county, where he lived for forty years. Prior to coming to this city, he lived al Steele, the little town south of this city. During the greater part of his life, he was engaged in school teaching, later becoming a huckster. His work took him over a - wide part of the county, and he was very well and favorably known, being familiarly known ao til his acquaintances as “Uncle Billy.” He was elected county recorder for a term of four years, serving from 1890 to 1894, serving prior to the late H. H. Harruff. He was an efficient official, and made a good record in his official capacity. His wife died several years ago while the family resided in this city. A son, Arkison, also died suddenly, dropping dead at the farqily home here. He is survived by/the following children: Albine, at Fostoria, O.; Mary Pittman, Fort Wayne; Lucy, residing in Missouri; Adelma, wife of Irvin Weaver, of Michigan. Mr. Baughman was a devout memher of the Christian Union church, and Identified with all progressive and uplifting movements. He was also a member of the Masonic lodge, and the funeral services will be in charge of the Decatur order. The body will lie brought here for the funeral and burial Saturday, leaving Fort Wayne at 10 o'clock Saturday morning by Interurban, the funeral being held here Saturday afternoon. The time for the funeral was later set for one o’clock Saturday afternoon at the Methodist church. A minister from Fort Wayne will accompany tho funeral party here and will be assisted by the Rev. R. L. Semans, the local minister. CARD OF THANKS. We desire in this manner to thank the friends and neighbors who so kindly assisted us during the sickness and death of our beloved husband and son. ■‘Also for the beautiful flloral offerings, l' MRS JESSIE BARKLEY. MR. AND MIRS. HENRY BARKLEY. ■ 1 • 11 ■ ■ 11 • evangelical church. — Rev. S. H. Baumgartner of Indianapolis has arrived, and will preach this evening at the Evangelical church after which the quarterly conference I will meet.

“DECATUR CAN AND WILL”

DIED IN FT. WAYNE 1 Fred Gustenlager, Father of Mrs. Frank Masters, | Passed Away at ST. JOSEPH HOSPITAL — Passed Through City Two Weeks Ago Enroute There for Treatment. Frederick Gustenlager, aged sixtyfive years, a retired fanner whose I home is near Nevada, Ohio, died at! 8:15 o’clock Wednesday morning at' St. Joseph’s hospital, where he had • been a patient since February 6, suffering froifi prospicai complications. I Surviving he leaves one son, Frederick C. Gustenlager, of this city, a conductor on the Pennsylvania railroad, and one daughter, Mrs. Frank Masters, of Decatur, and another daughter in Minneapolis. The remains will be shipped to Nevada for funeral services and interment.—Fort Wayne Sentinel. Mr. Gustenlager passed through the city two weeks ago enroute to the hospital, and at that time was so ill that he required the assistance of two men making the transfer to the interurban car. His daughter, Mrs. Masters, of Pleasant Mills called on him Tuesday at the hospital. He was quite well known in this county. AGED LADY DEAD Mrs. Margaret Miller Succumbs to Illness Contracted on Visit IN EASTERN OHIO Resulted from Pneumonia— Funeral Friday Morning at Clark’s Chapel. Mrs. Margaret Miller, a well known and greatly beloved lady, who had long since passed the age of threescore years and ten, is dead at her home in Ohio, just across the state line, from Union township, this county. Death came Wednesday morning at 7 o’clock. Last' fall during Old Home Week, Mrs. Miller visited with a brother, Mr. Gilmore, at Youngstown, Ohio, and while there contracted pneumonia. She was at the point of death then, but grew better and a few weeks ago was brought to her home east of the city, being conveyed from the railway station here, in an ambulance. She never fully recovered and her death ensued from trouble brought on by the pneumonia. Mrs. Miller Is survived by three children—Wilford and Harshie Miller, sons, who live near her home, and a 1 daughter, Mrs. Wißiam P. Barkley,.of Union township. She leaves several grandchildren, among them being one, Mrs. Otis Shifferiy, of Union township, whom she loved as a daughter, as Mrs. Miller had reared her from infaficy. A sister, Mrs. Belle Gilmore, ; made her hopie with Mrs. Miller. • The funeral will be held Friday 1 morning at 9:30 o’clock at Clark’s Chapel. Interment will take place in the church yard cemetery. o CALVIN J. WINCH, ILL. - I | Calvin J. Winch, a pioneer resident ; of Fort Wayne, is ill at his home at 1 2026 Maumee avenue and his condition ‘ is considered critical. He is past 89 1 years of age. Mr. Winch is an uncle I of Cal D. Kunkel and has many other • relatives here, where he is well 1 known. He is the father of Miss Jesse • Winch and Mrs. Gart Shober. 1 ■ 1 • 1 BEAUTY PARLOR COMING. Mrs. Mary Tate Dollins has return- I ed to Portland after making arrangements for opening a beauty parlor here in two weeks. Her work will I include facial treatment, hair dress- < ing, manicuring, chiropody, and ail 1 that goes toward making a woman 1 pretty to look at. Mrs. Dolllns is a 1 W. R. C. and while here she was en- ! tertalned by Mrs. E. H. Lyons. |

Decatur, Indiana. Thursday Evening, February 20, 1913.

MAY GO TO OHIO. Mrs. Anna Lehman Will Probably Locate in Cleveland or Akron, O. Mrs. Anna Lehman and two daughters, Nova and Naomi, are preparing ■to move either to Cleveland or Akron, Ohio, after school is dismissed, June Ist. Mrs. Laman has the offer of •two good positions, but is undecided as to which she will accept. If she .goes to Cleveland, she will become a I department manager in a large store, lor If to Akron she will take a position 'as copyist for a firm of lawyers. She will not close her home here until she has a month's experience in her new home. If she finds it then to her liking, she will then make arrangements for closing her home here permanently. Mrs. Laman recently rei turned from these two cities, where jshe went on business relating to her acceptance. GUSTAVE HOBROCK Living at Hoagland Had Bones in Leg Broken When Log Rolled OVER HIS LEFT LIMB Breaking Two Bones—ls Son of Mrs. Sophia Hobrock of Decatur. Gustave Hobrock, a prominent resi[dent of Hoagland, met with a very painful and serious accident while assisting some of the workmen on his farm, who were loading logs, when one of the heavy pieces of timber slipped from the grip of those who were holding it, and It rolled over the left limb of Mr. Hobrock, breaking two of the bones. Both -bones of the lower limb were broken, the little one near the ankle, and the larger one near the knee. Word was received today from Mr. Hobrock’s home that it was thought by the physicians in charge that the injured member would be all right after it once started to heal, and would not cause him any more trouble. He will be compelled to walk on crutches for sometime. He is the son of Mrs. Sophia Hobrock of this city. Henry Gerke went to Hoagland this morning to visit with the injured man for the day. MERCHANTS HELD MEETING. i State Officials of Retail Dealers’ Association Boost Garnishee Law. Mr. Bogue, secretary of the Retail Dealers' Association of Indiana, and Mr. Faught were here this morning, ! talking garnishee bill to the Decatur merchants. A meeting was held at the I city hall but representatives of the press were barred from the meeting on motion by. one of the local merchants. The bill for a garnishee law lost on final passage in the house because of a lack of a constitutional majority, the vote being 49 to 42 In favor of the bill, while 51 votes were necessary. Recently the bill was postponed until March 2, a date which falls on Sunday, and which it was taken for • granted meant the end of the bill, but an effort wijl be made to have another vote taken. Mr. Beatty voted for the bill and the merchants of Decatur are I favorable to IL What action was tak-' en at the meeting this morning was not announced. | POLICE COURT. "Red” Knoff was again brought into the “lime light” when he was arrested last evening at his home in the west part of the city by Officer Melchl upon a summons sent in by the family. “Red” had been ordered off the street earlier in the evening by Marshall Peterson who had also taken a bottle of I whiskey from him. He was given trial I this morning berrne Mayor Teeple and was given a fine of $5 and costs. A mitt Im as was Issued and “Red” will have his headquarters at the county jail for the next fifteen days. —o— — - NOTICE TO POSTOFFICE PATRONS Tn observance of Washington's birthday, a national holiday, the postoffice will be closed Saturday, February 22. There will be no deliveries of mail by city or rural carriers. Windows will be open from 8 a. m. to 9:30 a. m. The public will please take notice. W. A. LOWER, P. M.

OPENS NEW SHOP Ed Coffee Opens in Building Formerly Occupied by Parent Brothers. ELECTRIC MACHINERY Which Will Get Out Work While You Wait—Had Long Experience. , A new and up-to-date shoe repairing . shop has been opened by Edward Coffee in tho building formerfy occupied by the Parent Brothers’ electrical shop on Second street. Mr. Coffee | was formerly connected with Elzey & 1 Hackman, having charge of their re pairing department, but seeing that the possibilities for an exclusive re- [ pairing shop were so groat in the city, he decided to open one Os his own. Ed has had eleven years’ experience in this line of work and knows every crook and turn of the business and wil’, soon work up a fine, large patronage. A large, electrically-operated [ machine is being installed in the shop which will do the work of fifteen men and will greatly facilitate the secur- , ing of the job within a short time after ’ being ordered. Mr. Coffee takes great pleasure in showing this new machine to any one who desires to see it and : also guarantees all of the work put out by it. A FALLING TREE I . Causes Death of Herschel Russell in Michigan Woods Yesterday. WAS MARRIED HERE To Miss Flossie Roe, Daughter of Nathan Roe of ' Near Berne. Hershell Russell, aged thirty-one, residing near Vicksburg, Mich., was killed Wednesday by a falling tree, according to a message received here I Wednesday by relatives of the young man. Mr. Russell was married November 5, 1910, in this city by ’Squire J. H. Stone, his wife I being Miss Flossie Roe, daughter of Nathan Roe of near Berne, with 1 i whom he became acquainted on a visit I made by Miss Roe to Michigan. After their marriage they went to a farm eight miles from Vicksburg, where they have since lived. Mrs. Russell is a cousin of Mrs. El- 1 mer Archer of this city, and her son, Isaac Archer, of this city, is now visiting at the Russell home, having left here last Saturday for that place. Full I particulars of the death were not given, but it is supposed that the accident occurred while the young man was working in the woods, logging. The young man was a son of Frank ■Russell of Kalamazoo county, Mich. : He leaves a widow and two children, j besides many other relatives. SPULLER-ESSEX WEDDING Solemnized at Presbyterian Manse by Rev. Gleiser. James Spuller and Miss Leona M. Essex, a well known young couple of near Monroe, were principals In a happy wedding solemnized last evening , at 4:30 o’clock at the Presbyterian I Manse by the Rev. W. H. Gleiser, pastor of the Presbyterian church. The couple was unattended and the wedding was a very quiet one. They will reside on a farm a mile a* - -! a half north of this city on the interurban line. , CARD OF THANKS. Mr. and Mrs. John Ballard wish to thank all the neighbors and friends who assisted them so kindly at the time of the death of their little son, in the way of kind services, floral offerings and other expressions of their sympathy.

J REFUSED A LICENSE. The Rochester paper of February 15 tells of an Adams county couple, who /applied there for a marriage license and were refused on account of the (state law which requires that the bride must be a resident for thirty days of the county in which the license is issued. The would-be-groom . was Merlin Standlford and the would-be-bride, Nellie Maude Bartlett, of, • this city. Mrs. Bartlett accompanied [them and stated that they had stop- : i ped off there on heir way o Chicago ! to visit. UNCLE HEZEKIAH OBSERVES. Th’ most uv folks uld be ashamed t' live in old houses like’s in th’ pic- • tures of high art they hev a-hangin’ on their walls. 1 ■ HELD AT DECATUR Will be Adams County Poultry Show Next Year— Decision Made. i i OFFICERS ELECTED ) 1 '* ’ At Meeting Here Today— Thomas Dowling Elected 1 1 President. t The Adams County Poultry associa[ition met in this city this morning at > i the Samuel Butler office and reorganized for a most successful campaign j and show for 1913. The date has not ■ i yet been set, but it was decided to hold the show in Decatur this year, Berne having had the exhibit for the past four years. When Berne took the show four years ago, the association was in debt. . The have made things hum and work-! jed up a good attendance so that now • ■ the association has a big balance in • the treasury above all expenses. It! I is up to the north part of the county to see that the show is given a good patronage and sustain the record made by the south part of the county. The following officers were elected for the year: President, Thomas' Dowling; vice president, Charles i Magley; secretary and treasurer, [Charles Getting; superintendent, D. M. I Rice. The executive committee comprises 1 Amos Hirschy, Samuel Simison, John j j J. Hilty, Mrs. Fannie Christen, Charles Zimmerman. William Dowling and ' Cal D. Kunkel. Amos Hirschy retires as president, and Samuel Simison as treasurer, after I a several years’ efficient service. | FOUR DEATHS SINCE OCTOBER 15. • Mrs. Nancy Noll left this afternoon • for Fort Wayne where she will attend I I the funeral tomorrow of her sister-in- • 'law, Sarah Roebuck, wife of Asa Roe-'i buck. Mrs. Noll has had more than 1 her share of sorrow in the last few J months, losing four relatives since Oc- I I tober. October 15 occurred the death • lof “her husband, John Noll; throe 1 'weeks later, her sister, Mrs. Susannah f Falls: then a grandchild, infant of her daughter, Mrs. Roy Miller, of Sher,l wood, Ohio. J f , [< CLAIMS AGAINST $ MEXICO. t (United Press Service) Washington, D. C., Feb. 20 —(Spec-'< ial to Daily Democrat) American,] claims for damages against property | i in Mexico City alone will possibly I reach between fifty and seventy-five i million dollars and the state depart-' ment will have to face the difficult • task of adjudicating these claims. To- • day's dispatches said: "Many of the American residences are entirely wrecked, and scarcely a home stands but had been marked by rifle shots or had been looted.” “PORK” BILL PASSES HOUSE. Washington, D. C„ Feb. 20, 1913. Daily Democrat, Decatur, Ind.: Bill providing SIO,OOO for site for federal building at Decatur passed the house today. J. A. M. ADAIR. The bill now goes to the senate sor t confirmation. While it is announced, by newspaper representatives that there will be considerable opposition ' ' t othe bill in the upper house, it is generally believed that it will pass. |

Price, Two Cents.

COURT HOUSE NEWS I Wible Case Goes to the Jury This Afternoon—Two Days’ Trial. SHAW IS ARRESTED Judge Merryman Not so Well—Still Confined to His Home. A telephone call to the home of Judge Merryman this afternoon brought the word that he is not quite i as well today as he was yesterday, , and will probably not be able to be lout this week. He is suffering from •an attack of acute indigestion, which came upon him Tuesday afternoon. Special Judge C. J. Lutz is holding court in his stead. The case of Isaac Wible, of Geneva, charged with visiting a gaming house, was concluded today. The evidence was completed at 2 o’clock and the case will go to the jury late this afternoon. Prosecutor Parrish conducted the prosecution and J. C. Moran, the defense, being appointed by the court to defend Wible as a poor person. William Riff and Miss Cora Young were quietly married at the clerk’s office this afternoon at 2 o’clock by Mayor Teeple. The bride was born January 6, 1888, and is a daughter of William Young. The groom resides at Salem, was born November 9, 1888, and is a son of John Riff. Harvey Shaw who has just finished a jail sentence of thirty days at Ft. Wayne, was brought here this morning by Deputy Scheriff H. F. Parnin of Allen county. Shaw is now in jail here and will probably answer to a : charge of contempt of court, for fail- , ure to comply with the order of court imade when a divorce was granted his wife, the order relating to the support of the children. TJie warrant for his arrest was issued last May, but it could not be served as it was impossiible to locate Shaw. Quite recently he 'came into the police lime-light in Ft. Wayne, on account of his relations with Mrs. Rosa Blazer, also a onetime resident of the city, both being jailed. His sentence has just expired and as the warrant from this county I was ready for him, he was brought here. His daughter, Dessie Shaw, was 'one of the prosecuting witnesses in [the .Task Roberts case, on trial here this week. Marriage licenses were issued to Leona Maud Essex, born May 1, 1892, daughter of Jesse Essex, to wed (James Edmund Spuller, farmer, son of Albert Spuller; Daisy Leonabelle Fanning, of Berne, born May 3, 1880, daughter of George Calderwood, to ■ wed Arden Franklin Andrews, carpenter, born May 12, 1883, of Cabri, Saskatchewan, Canada, son of Robert Albert Andrews, of Adams county. Both were married before, the bride’s first husband dying July 1908, and the groom's wife, October, 1906. Inventory and statement filed byJohn Ensley, administrator of the Catherine Ensley estate, were approved. A petition to sell personal property of the late Theodore R. Moore filed by .Miranda Q. Moore, administrator, was granted. Sale ordered after posting for ten days in public places. [ Philip Gephart, administrator of the (George K. Jacobs estate, filed report of sale of personal property at private sale for cash. Sale confirmed and title ordered vetsed in purchaser. Real estate transfers: Elizabeth Mosser et al. to Abraham B. Mier and Isaac Rose, 158.5 acres in Hartford tp._ $19,813; Minnie L. Daniel to John P. Smith, lots 16-17, Preble, $480; Minnie L. Daniel, guardian, to John P. Smith, lots 16-17, Preble $970; Velma Daniel to John P. Smith, lots 16-17, Preble, quit claim deed, sl. Deputy Sheriff Kelly and Policeman ( Melchi were called to Magley this morning by both the Shoemaker Construction company and their Italian 'laborers, who went on a strike. The 'most of the sixteen laborers who were (ConCTnaev on Page 2)