Decatur Daily Democrat, Volume 11, Number 66, Decatur, Adams County, 18 March 1913 — Page 1

Volume XI. Number 66.

BIG WILL CONTEST Heirs of Wm. Schwartz Object to Family Pictures Alone—Want THE BIG FORTUNE He Left for Berne HospitalClaim the Physician Influenced Him. Because their bachelor relative, the late William Schwartz, of Monroe, slighted them by leaving them only “all” his pictures “free of charge,” and leaving all the rest of his valuable es-' tate to a hospital to be built at Berne, I the uncles, aunt and cousins of Mr. 1 Schwartz, who are his nearest rela- 1 tives, decided to contest the will. The trial began today in the Adams circuit court and will be a hotly-contested one. The picture gallery belonging to the late Mr. Schwartz is probably little more than the usual collection of an- 1 cestral crayons, valuable only for their loving associations, as it probably contains no priceless Rembrandts or Ra-1 phaels, in disguise, while the estate is said to 5e worth some $16,000, of which the hospital will get the bulk. The only other privisions of the will are that Mr. Schwartz’ debts and funeral expenses be paid, and that a monu-| ment, costing about $2,500, be erected at his grave. He provided in the will that the proposed hospital to be built in Berne is to get his estate, provided the people o r Berne or vicinity raise an equal sum. His estate is to be held in the hands of the executor, whom he names as Andrew Gottschalk, until the citizens raise the equal sum, and the proper officials are selected to take charge of the hospital funds. The will was executed December 16, 1911, and Mr. Schwartz' death occurred December 21, 1911. The witnesses of the will are Katharine Sprunger and Dr. A. Reusser. " Mr. Schwartz was about fifty years of age. When the will was duly entered for probate a few days after Schwartz’ death, the heirs filed objection to its probate. This was sustained until this suit to resist the probate which is being tried today, can be decided, and no letters of administration have yet been granted. The parties defendant are Andrew Gottschalk, who was named executor in the will, and Dr. Amos Reusser, a well known Berne physician, who witnessed the will. The plaintiffs, who are a number of Schwartz’ relatives, include two uncles—Norris Williamson of Waterloo; Isaac Williamson, Shirely; an aunt, Mrs. Esther Weaver, Canton, Ohio, and the following cousins at Monroe: Mrs. Matilda Woods, Mrs. Maria Walton, Mrs. J. T. Johnston, Mrs. O. T. Hendricks. A second paragraph added to the complaint makes Dr. Reusser a defend ant. They allege that while he was the attending physician he used undue influence in causing Schwartz to make the will, in favor of the hospital, alleging that Dr. Ruesser took undue advantage of his physical and mental condition at that time. They allege Schwartz was of unsound mind and unduly excited, when the will was executed and that said will was procured by undue influence with the purpose of defrauding the plaintiffs of their rights in the estate. Judge O. N. Heaton of Fort Wayne is hearing the case as special judge, and the following jury was empanelled by 10:45 o’clock: Jacob Atz, Isaac Ev- 1 erett, Elzey Jackson, Julius Erhart. Thomas Dowling, William Breiner,. John P. Brown, Daniel Shackley, Lase Baker, William Schamerloh, Ezra Cutting, G. W. Miller. The plaintiffs are represented by D. E. Smith of this city and Roswell 0. Johnston of Gary, who is a son of Mrs. J. T. Johnson, a plaintiff; while the defendants have C. J. Lutz of Decatur and F. M. Cottrell of Berne as counsel. The case will probably last the entire week. •»— o ——— LIECHTY BABE DEAD. The six months’ old babe of Mr. and Mrs. Menno Liechty of Monroe died at 3 o’clock this morning from a complication of diseases. The baby was first taken sick with the measles, which la- [ ter developed into pneumonia, which complication caused its death this morning. The funeral will bo held from the Mennonite church at Berne, j X/ *

DECATUR DAILY DEMOCRAT

■ ONLY GRANDDAUGHTER DEAD. I Mr. and Mrs. Ed Phillips Called to Lima, Ohio. ■■■■" 1 I Mr. and Mrs. Ed Phillips are at Uma, Ohio, wherethey were called by the death of their only granddaughter, , little Helen, daughter of Mr. and Mrs jWilliam R. Phillips, which occurred .Saturday night at 9:30 o’clock. The little girl, who was born October B,' 1910, was just two years, eight months and seven days old at death, and had i reached an age when she became es-1 peclally endeared to her parents and i other relatives, who are heart-broken over their loss. Besides the parents, ■ two brothers survive. The flowers completely hiding the casket, were es|p«cially beautiful and many the tribute of friends to the little one, so much 1 herself like a flower. Mrs. Phillips, 1 the grandmother, will return to her home here Friday or Saturday. | —o— ANNUAL “RAT DAY” To be State Institution— Professional “Pied Pipers” May Come. INTO OWN AGAIN Day Set Aside for the Extermination of Disease Carrying Rats. Professional “Pied Pipeds of Hamlin Town” may come back again into their own. Governor Ralston signed the “rat day" bill. It authorizes the governor to issue a proclamation each spring designating a certain day as “Rat Day,” to be observed throughout the state by destroying rats about the homes and premises and other buildings, thus preventing the dissemination of disease and the destruction of property. It was made unlawful for the person owning, leasing, renting or having charge of any premises to allow the same to become rat infested. The same applies to wood piles, hay stacks, corn cribs, wheat and grain • bins and warehouses and to vessels and water craft. Such persons are required at once to proceed to kill off the rats with poison, tfraps or any 'other means which may be suggested by health officers. The state board of health and Its in- . inspectors and local health officers ■ will have the right to enter upon any i premises at any time for the purpose ■ of ascertaining whether the place is i rat infested, but shall not enter any • hotel, boarding house or rooming • house except between 9 a. m. and 5 I p. m. The county commissioners and the . city council or town board may purchase any material necessary for use » in the extermination of rats, whenever; such board finds that it is necj essary in order to prevent damage to j crops or property. They may also » employ and pay inspectors to do the - destroying, and those inspector* shall - have the roght to did into the ground .or tear down walls, structures, or 5 buildings if necessary to get at the • rats, or they may move a building - from one place to another on the I premises. The property shall be [ put back In its former condition as far ( as reasonably practicable. 1 If any owner or tenant of premises i'fails to exterminate the rats it may Jbe done by the health authorities and the cost charged against the property. . I Whoever violates this rat law will be liable to a fine of from $lO to SIOO. I There is no emergency clause to the 1 rat day bill, so it will not go into effect until after the governor has issued his proclamation, which will bo some time in April. '—— —o — SPECIAL EASTER CANTATA. I'nder the direction of Dr. F. T. Patterson the cantata, “Darkness and Dawn,” to be given next Sunday evening by the choir of the Presbyterian church, Is progressing rapidly and will be one of the most beautiful and impressive cantatas ever delivered in the city. This was written expressly for the Easter season, the theme being woven around the death and resurection of Christ, expressing the feelings of the multitudes and the forgiveness •of Christ by chorus, solos, and duets. ! The choir have been working on this 'cantata for a month and are perfecting [it to the highest degree of efficiency. ,

CALLED TO MAKER Was the Little Three-year-old Son of Martin MarI henke of Monmouth. I DIED THIS MORNING I At 10 O’clock at the Home of His Grandmother — Funeral Wednesday. I I Robert Allen, the little three-year-old son of Martin Markenke of Monmouth died this morning at 10 o’clock at the home of his grandmother, Mrs. James Watts, from spasms. The little child had been ailing ever since birth and a few weeks ago it took sick with a I breaking out which was not determined i whether it was cnicken pox or sdme other ailment. The child grew worse and this morning in fell into one spasm after another, until its stregnth was gone, and had to answer to the call of its Maker. The babe’s mother, Mrs. Martin Marhenke, preceded the son to the grave just two weeks ago, her death occurring on Wednesday, March ,5. The funeral will be held from the [babe’s grandmother, Wednesday, at 1:30 o'clock, and burial will be made in ' the Monmouth cejpetery. One girl, Merl, who is six years old, is the only child left in the motherless family. —• — — MARRIED IN CLERK’S OFFICE. . A marriage license was Issued this , morning to Levi Huser, son of Jacob Huser of Monroe township, born July ', 1893, to wed Lillian Reichert, born . February 8, 1888, daughter of Christ . Reichert. The couple were married . immediately afterwards in the county , clerk's office, by Mayor Judson W. , Teeple. TOOK POSSESSION W. R. Smith and son, Frank, Now in Charge of Schlickman Restaurant. I ! ’ ' NEW PROPRIETORS i Mr. Schlcikman Left Last - ' Night to Take Charge of , Cigar Store. , The business deal, as predicted Monday evening in the Decatur Demacrot, ’ was carried through, and W. R. Smith ’ of this city, and his son, Frank Smith, j of Hammond, are now proprietors of . the Schlickman restaurant and bakery >on Second street The new firm has > already taken possession and Mr. ’ Smith will move iris family here from I (Hammond in a week or so. ’ihe place 1: is one of the best eating houses and bakeries in the city. A specialty is ’, made of the good home-cooking, as i ( well as the short orders, and the cook- ’ Ing is exceedingly fine, as well as the > 'Service. The patronage is correspond- ’ ingly large and Messrs. Smith will no 'doubt greatly Increase it. Mr. W. R. 1 Smith was formerly in the dairy busi- ' ness and is well known over the city I and county. There will be practically ■ no change in the force. Both Messrs. 1 Smith will be present to give personal • [attention to the business. Newton ’ .Cunningham, a member of the force,' • will attend to the night patronage. • | Mr. Schlickman left last night for >, Hammond to taKp possession of the Frank Smith cigar store, which was taken as part consideration. Mr. Schlickman will probably not move his family there. - - ... a CAUSES EXCITEMENT. 1 The fire department was again called I out Monday evening at 5:15 when the ■ roof of. the house occupied by Adam i Diehl was found to be on fire. Tbo alarm was turned in and in a few mln- ’ utes the deartment had arrived on the • scene. The quick work of several men 1 who were near the home at the time i the blaze was discovered succeeded in quenching the Are before the arrival ( of the department, however. It is sup- : posed the roof caught from a spark. [The damage done was very slight

“OBCATUR CAN ZXfNIO WILL”

Decatur, Indiana. Tuesday Evening, March 18, 1913

KING GEORGE ASSASSINATED (United Press Service) London, Mar. 18—(Special to Daily Democrat) —King George, of Greece, reported assassinated while fighting Turks at Salonika. First reports from Vienna unconfirmed. Reuters unqualifiedly declare king has been assassinated. NO CLUE OF MRS. OVERHULSER. D. P. Overhulser of Pleasant Mills was here this morning consulting officials regarding his wife who disappeared from home a couple of weeks ago. Pictures of the missing woman were taken and sent out to various officials to help in locating her. Mr. Oversulser, who was inclined to think she eloped with Harris McClemmens, now feels a return of confidence in his wife and is inclined to think that she did not go with him. TOMAKELONG TRIP Fred Martin Coming from Alaska to Welcome Baby Boy Born Monday IN FORT WAYNE Babe Died This Morning at the Lutheran Hospital— Mother is Very 111. Two distinctions apply to a ninepound stranger who arrived in Fort Wayne Monday, at the Lutheran hospital. Mrs. Fred Martin, whose husband is a gold miner in Alaska, welcomed her first son on St. Patrick’s day. The husband is now speed-; ing on his way to welcome for the second time the little stranger. Later, the family, now four instead of two, will go back to the land of snow and gold. Mrs. Martin is a sister of Mrs. C. B. Darnell of Bluffton and came here to the hospital that the new member of the family might be ushered auspiciously into the world. Mr. and Mrs. Martin were married in Cleveland, Ohio, four years ago and shortly afterward went to the land where there is so few women. They make their home at Fairmont, Alaska.—Fort Wayne Journal Gazette. Mrs. Martin arrived here several weeks ago and stopped at the home of her sister-in-law, Mrs. C. V. Connell, going to Fort Wayne Saturday. This is the second babe in the family, the eider being a little daughter, who is with Mrs. Connell. Mrs. Connell was at Fort WaynO today. Later:—Just as we go to press the sad news came that Frederick Charles, the little Martin babe, died this morning at 10 o’clock, from convulsions. The body will be brought here tomorrow and the funeral services will be held immediately from the St. Mary’s Catho--1 lie church and burial will be made in the St. Joseph cemetery. Mrs. Martin is quie sick and is under the care of a special nurse. — o , FIRE ON GREGORY FARM. The six-room house on the farm of 1 Mrs. Lucy Gregory in Blue Creek township, tenanted by the Lawson family, 1 burned to the ground Monday morning at 7 o’clock. The fire caught around ■ the chimney and had gained too great headway before discovered to be extinguished. Nearly all the contents of the lower floor were saved, but the upper floor’s contents were a total loss. The house was valued at SI,OOO, with SSOO insurance. BRING FANCY PRICE. Herefords from County Farm Sell for $113.26 Each, Average Price. - Some of the finest cattle ever sold in the city, for shipping purposes, bringing one of the fanciest prices ever, were the seven fine Herefords sold by Martin Laughlin, superintendent of the county infirmary. That the term “poor home" is one that must be relegated ' to the obsolete list, is very much evidenced by this transaction. The'sev--1 en Hedefords sold for an average price eaeh of $113.26, or $8.25 a hundred i pounds. Mr. Laughlin also sold some four thousand pounds of porkers at a fancy price. All of which demonstrates the fact that the manager knows how to operate the coupty farm to the best advantage.

ONE OF THE HEIRS Henry Epke Will Probably Get in on a Large Estate Left By His Aunt WHO DIED RECENTLY Steps Being Taken to Protect The Interests Os The Direct Heirs Henry Epke, venerable cigar maker, I better known among his friends here as “Daddy” and who is employed at the Corbett Cigar Shop, will very probably soon be sporting around in a spike tailed coat and wearing a tall J silk hat, smoking cigars with gold bands, and otherwise deporting himself as a man of means. He recently received word of the death of a very wealthy aunt who lived in Wood county, Ohio, and whose estate is valued at SIOO,OOO, well invested in real estate in Ohio. The lady was a sister of Mr. Epke’s father and there are but a few heirs, “Daddy” being one of them. He will join with the others in taking whatever steps are necessary to secure their respective shares. When asked about it today, Mr. Epke looked wise, but refused to talk much, preferring to wait until the estate is settled and he has really seen the cash. However he did tell u stbat there was a serious chane of his good fortune coming true and that many years ago this aunt had tried to induce him to take charge of a large farm in Wood county, promilsing to deed it to him in due time, but he decliden the offer Mr. Epke is a hale fellow well met and bless his old heart we hope the legacy comes and is large , enough to make him comfortable the rest of his days. TWO OPERATIONS Were Held This Morning on Two of Adams County’s Prominent Residents. DAVIS DAILEY AND I I Nicholas Brown, Seventeen-year-old Son of Peter Brown, the Patients. , —-—— 1 Davis Dailey, the well known farmer, living two and a half miles southeast of Decatur, and who has been at the Lueheran hospital, Fort Wayne, the past week, submitted to another oper- ' ation, which was held at 10 o’clock , this morning, by Drs. Rosenthal and Barnett of Fort Wayne at the Lutheran hospital for renal calculi, or bladder trouble. Mr. Dailey has been sick for the last ten years with this ailment and during the last few months his condition grew worse and upon the advice of his physicians he gave in to a second ©iteration, with the hope , of receiving some relief. The first operation was performed last August, the one at that time being for a pros- [ tate gland. No word has been receiv- [ ed In this city as to the result of the , operation, but it is hoped by his many friends that it will prove to be a sucf cessful one. Nicholas Brown, the seventeen-year- [ old son of Mr. and Mrs. Peter Brown, living four miles south of the city, was the second patient to submit to tbe knife. The operation was for appendicitis and rupture, and was performed by Dr. McOscar of Fort Wayne and Drs. D. D. and C. S. Clark of this city at 9 o’clock at the home of his parents. l Mr. Brown has been suffering for some time fro mappendic’tls and rupture and his condition gradually grew worse ’ until it was necessary for him to sub- ( mit to an operation. He was resting quite well at noon and it is hoped that I his recovery will be rapid. A trained nurse is in charge. o ■ THE FLOYDS TONIGHT. The Floyds, a company of magicians, i will give their excellent entertainment . this evening at the opera house, under , the auspices of the senior high school This is a high class and novel entertainment, ana every one should see it Tickets, 25> 35 and 50 cents.

HORSES TO BANGOR, MAINE. Carload Sent By National Express Last Night. J. C. Patterson, local agent for the 1 National Express Company, superintended the sending of a carload of twenty-eight gorses, which left this city last night over the Clover Leaf by National Express. They were sent to F. W. Mitchell, a well known horse dealor of Bangor, Maine, who was here I Friday at the horse sale, where he purchased the fine animals. ] LEONARD LIBY BREAKS ARM. Leonard Liby, eon of Mrs. George Everett, is carrying his right arm in a sling. While assisting in loading corn fodder at the home of Mrs. Minnie Teeple, he slipped and fell from the load in such away that the right arm was broken at the wrist. 1 o — 1 FOR SCHOOL UNION: I County Superintendent Opliger Decides for Consoli- i dation of Two Districts ■ < < IN ROOT TOWNSHIP ( ' t Joint School House Will be ' Erected at Site Near Mt. ' i Pleasant Church. i i The petition asking for the consolida- ’ tion of the two schools in Districts 7 1 and 8 in Root township, and the erec- ' tion of a joint school house at a site ' I mid-way near the two old school 1 houses, near the Mt. Pleasant church, ‘ was granted by County Superintendent ' L. E. Opliger. A number remonstrated ' to the petition, and the hearing was ' given last Friday by Mr. Opliger, who ' took the matter under advisement. His 1 decision was rendered Monday. The two school houses will probably be [abandoned and a new two-room joint school house begun at once. Particu- ' iars regarding this, however, could not be learned today, as Trustee C. E. Magley was absent from home and had not yet learned of the decision. Professor Opliger’s decision is as follows: State of Indiana, County of Adams, ss: To Charles E. Magley, Township Trustee of Root Township, Adams County, State of Indiana: Whereas, on February 22, 1913, a petition was filed in this office asking that the school house in District No. seven (7) and District No. eight (8), of Root township, be moved to and located upon the following site: ’ Commencing at the southeast corner [ of the north half of section thirty (30) in township twenty-eight (28) north, range fourteen (14) east, in Adams county, Indiana, thence running north [ sixteen (16) rods, thence west ten (10) i rods, thence south sixteen (H) rods, thence east ten (10) rods to the place • . of beginning containing one (1) acre. And, whereas, after hearing evidence 1 in the above cause at my office on ’ March 14, 1913, at the hour of 2 o’clock 1 [ I find that said petition is in proper * form, that legal notice has been given, ’ that a majority of the patrons of the ' above named school districts, Nos. sev- ’ en and eight, of Root township, Adams County, state of Indiana, have signed said petitions, together with the trus1 tee of said Root township, and I further find that matters set forth in said 1 petition are true. Now, therefore, it is 1 t hereby ordered and the tnistee of said Root township is hereby instructed to 1 remove said school houses from their present sites to the location described ’ above; if it be found necessary to erect 1 a new school house, said trustee is ' hereby instructed to cause the same to be erected upon the proposed new location as described above. Witness my hand and the seal of this office this seventeenth day of March, 1913. L. E. OPLIGER, County Superintendent of Schools, Adams County. BREAD BY PARCELS POST. Quite recently a city newspaper made a big to-do over the first loaf of bread delivered there by parcels post. , It is quite a common occurrence to see : the Decatur postmen burdened with two or three soft looking parcels, 1 which we are informed were loaves of I bread. These seem to come quite reg--1 ularly, being delivered to the homes of the consumers in this city.

Price, Two Centi.

A FIRE MARSHAL Is Provided Under New Law by 1913 Legislature—Has Vast Power, Too. REVIEW OF THE LAW He May Order Building Removed if He Deems it Hazardous to Others. United Press Service) Indianapolis, Ind., Mar. 18—(Special to Daily Democrat) —Any change iu any building necessary to prevent Arcs may be ordered by the state fire marshal, who will be appointed by Governor Ralston before April 12, under a law passed at the last general assembly of Indiana.' Broad police and judicial powers to prevent and investigate fires will be exercised by the marshal and his deputies. If the order is made by a deputy, the owner of occupant of the building may appeal to the chief, and from him to the circuit court. Upon failure to comply with the order within the time fixed, the fire marshal may cause such building or premises .o be repaired, demolished, materials removed and all dangerous conditions remedied, as the case may be, at the expense of the owner or occupant. If such person fail, neglect or refuse to repay the expenses thereby incurred within thirty days, the officer shall certify the expense, together with 25 per cent penalty to the proper taxing officer of the city, town, or township is situated, and the expenses and penalty shall be collected as other taxes are collected. In addition, the owner or occupant failing to comply will be liable to a penalty of not less than $lO or more than SSO for each day's neglect, payable to the fire marshal's office. The cause of every fire will be investigated by the f marshal’s office. He will have the power to compel the attendance of witnesses and the production of evidence. Every fire shall be reported to him and recorded. All municipal fire marshals or chiefs or town clerks, or township trustees aro subject to the fire marshal in carrying out the law. Prosecuting attorneys shall assist him also. It will be the duty of the state fire marshal to require teachers of public and private schools to have one fire drill each month and keep all doors and exits unlocked during school hours. ’ The state fire marshal will get $4,000 a year; he shall appoint a first deputy at $2,500; a second at $2,000, one of the deputies to be a lawyer. Ho shall appoint a secretary at $1,200 and clerks. An appropriation of $35,000 a year is made to carry out tbe act. This sum is to be made up by a tax on fire insurance companies alone, pro-rated on their net premiums. If the funds to enforce the act and to be paid by tbe insurance companies is declared unconstitutional the law provides that the state will not have to furnish the funds, the theory being that since the companies are the largest beneficiaries of the law they ought to pay for Its enforcement. o—~ FIRE DESTROYS BARN. The large frame barn on the premises of Mrs. Margaret Gerard and W. R. Smith and occupied jointly by them, was almost totally destroyed by fire this afternoon. The blaze started in a stall in which a large amount of straw was kept and hy the time it was discovered it had gained such large proportions that no headway could be gained against It. In a stall next to the one in which the fire started was a cow belonging to Mr. Smith, but this was safely gotten out of the barn. Mrs. Gerard had several trunks full of household goods and several pieces of furniture which were destroyed. No Insurance was carried on the barn. ELOPED TO KALAMAZOO. Friends of Miss Osa Magner and Will Kibbler are bestowing their congratulations on them. The couple eloped to Kalamazoo, Mich., last Saturday, where they were married, then returning to this city. The bride fa a daughter of Mrs. John Conrad, by a former marriage, and Is employed at the Sether cigar factory. The groom is a young farmer, and is employed on the Herman Heuer farm west of tbe city. He is a brother of Mrs. Waldo Brushwlller.