Decatur Daily Democrat, Volume 15, Number 6, Decatur, Adams County, 6 January 1917 — Page 1

‘Volume XV. Number 6.

LAST SAP RITES Held Friday Afternoon for .Judge Daniel I). HellerMemorials from Bar. HELI) IN HIGH ESTEEM Friends of Years Express Regard for Well Known Judge and Attorney. Funeral services for ttye late Judge Heller were conducted yesterday aft- 1 ernoon, from tne First Methodist ' church in this city, Rev. Fred F. Thornburg officiating, and a large? number of relatives and friends paid 1 s the last sad respects to one whom , ' they had loved so long. Rev. Thorn- t [ burg spoke feelingly of the long and I useful career of Judge Heller and his ‘ sermon was eloquent and forceful. E The choir furnished music and the ■ closing prayer was offered by Rev. r J. Hanna of the First Presbyterian | church. The body was tenderly laid i i to rest at the Decatur cemetery. The Memorial Services. A memorial meeting was held by ft the Adams County Bar association in K the court room at 12:30 o’clock yesB terday afternoon, for the late presi- . dent, Judge Daniel D. Heller. Vice B President Shafer Peterson presided V and the secretary, J. Fred Fruchte, E recorded the minutes. Resolutions from both the cotnmif- | tees of the Adams and Jay county bars were read, by Judge 1). E. Smith I ami Judge James J. Moran, respectively. These were adopted and pages on the order books of the court dedicated for their record, copies to be given to the family and for record in the newspapers. Talks were given by Judge D. E. Smith of this city, Judge Theodore thcckney of Winchester, followed by a talk by the Rev. F. F. Thornburg of the Methodist church. f Honorary pall bearers chosen from | the ranks of the judges by the chairman were announced, they being Judge R.-K. Erwin, of Fort Wayne, of th. state supreme court; Judge James J. Moran. Judge Richard Hartford. Judge Emerson McGriff. Portland; j Judge J. T. Merryman. Decatur; : Judge S. E. Cook of Huntington. ii J. F. Fruchte was substituted as an : active pall bearer for J. C. Sutton, ptlier active pall bearers who were: taken from the bar association were French Quinn. R. C. Parrish, D. B. Erwin. J. C. Moran. D. E. Smith. UTalks, eulogizing the deceased, were | f given by Judges Erwin. Moran. Me Grid. Hartford. Cook and others, and folliwing this memorial the bar attended the funeral services in a body IN MEMORIAM. The Adams County Bar. | Memorial of the Adams County Bar, presented by the committee appointed by said body; L Daniel D. Heller was horn in Bow-’ erstown, Ohio, on the 29th day ot March, 1839. He died in Decatur, In-1 diana, on the 2nd day of January. : 1917. aged seventy-seven years, nine months and four days. . He attended the New Hagerstown academy of Carrol county. Ohio, for ; five years, spending his summers in reading law. In 1863 he was admited to the state i bar of Ohio at Carrollton, Ohio. In 1 August, 1863, he established a law of lice at Millersburg. Ohio, where he ; . practiced law for four years. He came to Decatur in 1866. He practiced law in Decatur until the year 1872. when he was appointed school examiner of Adams county, Indiana.

When the office of County Superin-1 Undent of Schools was created, he became the first superintendent of the schools of Adams county, Indiana. After holding this office for eighteen months, he resigned, in order to give his whole attention to the practice of his profession. In 1885 he was elected mayor of the city of Decatur and served one term of two years. In 1888 he was elected judge of the 2Rth judicial circuit of Indiana. His term of office commenced in November. 1889. In the fall of 1894 he was re-elected. He served continuously as the judge of the circuit courts of Jay and Adams counties until November 24, 1901; in all, twelve years. As a lawyer, Judge Heller was a man of sterling integrity. A brilliant and successful lawyer, always thoroughly honest and conscientious. Always espousing the interests of his client, faithfully and honestly representing his cause of action and honest-

DECATUR DAILY DEMOCRAT

ly and impartially discharging his duties as attorney. He took the Interests of his client to heart, never taking employment in a cause which he did not believe to be just and honorable. For this reason. he was more successful in his practice than the average practitioner. As a judge he was a natural jurist, always impartial, unprejudiced and fair.

His reasonings were always domi- ! tinted by a desire to render absolute justice to the litigants before him I without fear or favor. His conduct toward the bar. while ; he was on the bench was of a nature ' which the natural justice of his char- ! acter could not fail to produce. Courj i eons to everyone, careful not to give I unnecessary offense. He sought to ' preserve the rights of all suitors, as i things not to be disposed of. except in a manner to render absolute and perfect justice to all. He was a man of positive convic- ! tions. He was for the right, as the right seemed to him with all the inI tense eagerness of a great soul. When he had deliberately reached a judgment. he adhered to it with unyielding firmness. And yet so admirable were his qualities of mind or heart, he was neither a fantic or a bigot. Firm and adherent in his own conceptions of right, his enlightened charit'able mind, made him very careful of the rghts of others. His own judgment he obeyed, that of others he re'spected. He was modest, yet notj ■timid. He was courageous in his avowal of his opinions and steadfast in maintaining them. As a man and citizen, he was always kjnd. courteous, neighborly and always ready to extend a helping hand when needed and always ready : to give a word of encouragement. His life was quiet and adorned with all the virtues of a Christian character, kind, affectionate and true to all. Do- ; mestic in his tastes and homelike in his habits, he was the center of an affectonate family group and abounded | in personal friendship. He was as tender hearted as a wo-; man and suffering and distress always found in him a benefactor and friend. Of.his own merits he was not appre-. ciative. He rated them far below their value. There was a noble simplicity in his character that was a greater honor than any office ever conferred upon him. As a father he was always kind and faithful to the best interests of his family. A loving father and a kind and dutiful husband.

In his frien'Jship, Judge Heller was warm and sincere. He made new friends not readily, but he lost no old ones. Many have been bore dem onstrative tn their friendships than he, but few more constant and sincere. He was slow to make friends, but strong to keep them. In his death the community suffers a loss, as a just and upright jurist, an able and brilliant lawyer. A noble and exemplary citizen. DAVID E. SMITH. ' JOHN C. MORAN. JAMES T. MERRYMAN. PAUL G. HOOPER. JESSE C. SUTTON. JOHN F. SNOW. JOHN SCHURGER. The Jay County Bar. At the hour of 10 p. m. on Tuesday. January 2, 1917. Judge Daniel D. Heller departed this life at the city of Decatur, where he had resided continuously for half a century. On Tuesday morning when word reached this city that he had passed away, the deepest regret was expressed on every hand by those who knew and loved him by virtue of the good, dean life he. led as a citizen, lawyer and jurist.

In the spring of 1888, he was nominated at a very animated and inter-, esting convention for judge of the! 26th judicial circuit, comprising the; counties of Adams and Jay, and in the fall of the same year he was . elected to this position and renomi- 1 nated in 1894. and served up until the 26th judicial circuit was divided in I the spring of 1897. By this division he became the sole judge of the Adams circuit court. To many members of this bar the deceased was known only as a nisi, prius judge. To the older members,, however, he is remembered, first, as a lawyer in the vigor of his young manhood; modest, unassuming, careful and painstaking. but, when in his judgment, the exegencies of the cause, in which he was engaged called for vigorous assertion, he was not lacking in this respect and he was able to and did intelligently protect the interests of his client, as he was scholarly and well grounded in the principles of the common law and equity. It is as a trial judge, however, that he is best remembered by i (Continued on Page 2.)

Decatur, Indiana, Saturday Evening, January 6, 1916.

YEAR OF ECLIPSE First of Seven Eclipses of This Year Will Take Place Sunday Night. ' A TOTAL ECLIPSE Os Moon—Year 1805 Was Last Time Seven Eclipses Were in Order. The year 1917 is remarkable for a very unusual occurrence. Within its limits there occur seven eclipses—four of the sun and three of the moon —which is the greatest possible num-1 ber. To have five Eclipses in a year is nothing unusual, nor is the occurrence, of six remarkable; but the last time that there were seven eclipses in a , ! year was in 1805 —more than a century ago—and there will be only two more years with as many eclipses oc- | curring therein during the next century and a half. Two of the seven eclipses of the ; year come in this month. The first, a I total eclipse of the moon, on the; night of January 7 and 8 will be vis- ■ ible here. Though the morning hours are not altogether convenient times I for star-gazing on a winter’s night, the progress of this eclipse is well! worth watching. The eclipse will start at about two < o'clock and will last for quite a while. ■ o . ALLIES UNDERBID US. (United Press Service) Washington, Jan. 6 —(Special to the Daily Democrat)—Advocates in congress of government manufacture of all war munitions today bitterly denounced American manufacturers who were outbid S2OO for projectiles by a British firm in Navy department bids for sixteen inch shells. “It only emphasizes.’’ Representative MeKel-, ler Tenn, of the house military committee, “the danger of replying upon out own private manufacturers fori munitions,’’ said.

IS NOW_SHERIFF Husband of Grace Suttles Bell, Former Decatur Girl, Sheriff OF HIS COUNTY Lives at Steamboat Springs, Colo. —Typical Western Town—Known Here. Decatur friends of Mrs. Grace Suttles Bell, of Steamboat Springs, Colorado, formerly of this city, will be interested in hearing that her husband, Emery Bell, was recently elected sheriff of his county there, taking his office the first of the year. In the heart of the mountanis, his bailiwick, a typical western town and county, presents very different conditions for a sheriff (o handle, than does the tame east. Mr. Bell is a typical westerner, however, six feet two inches in height, as nearly perfect physically as can be, and is perfectly well qualified to handle any difficult conditions that may arise. With his wife and children he visited here a year or so ago, and is known to many here. He is a broth-er-in-law of A. D. Suttles.

NEW MILITIA HEAD (United Prose Service) Indianapolis, Jan. 6 —(Special to the Daily Democrat)- —Harry J. Smith at! present holding the rank of brigadier general in the Indiana national glard was today appointed adjutant ; general of the guard by Governor-; elect James P. Goodrich. Smith sue-1 ceeds adjutant General Frank L. Bridges, will take office Monday. He; Is an Indianapolis man. CRAMER CHILD’S FUNERAL Mr. and Mrs, S. C. Cramer, and family accompanying th© body of their little daughter, Edwina in the city this morning at four o’clock over the Erie railroad. The funeral service was held at the Presbyterian church at ten o’clock by the Rev. J. H. Rilling of the Evangelical church.

LEWIS BODY HOME (Unltftd prpNß Service) Pittsburg, Jun. 6—(Special to Daily Democrat)- The body of Bernard Wesley Lewis, Colbert case suicide, was brought, to Pittsburg today. It wa ssecretly shipped at Philadelphia last night. Upon its arival It was taken at once to an undertakers establishment. From there it will be removed some time today to Lewis home for the funeral tomorrow. o ■ MAY, ELECTRIFY C. B. & C. (United Press Serv'ta) Bluffton, Ind., Jan. 6 (Special to Daily Democrat)—St. Louis capitalists are the latest business interests considering purchasing the Cincinnati. Bluffton & Chicago ralroad, ac- \ cording to reports here. They have i had engineers looking over the right-j oflwav to see whether it would be I possible to electrify the road.

WORK IS RESUMED County Commissioners Resume January Session— Sale by John Hey of HIS LIQUOR LICENSE Is Authorized—David Foor Purchaser—Reports Are Approved. — I The county commissioners took up the work of their January session again this morning, after a several days’ vacation occasioned by the death of Judge D. I). Heller, father of the county attorney, Henry B. Heller. The sale and transfer by John Hey, of his liquor license renewal, and the purchase of same by David H. Foor, , was authorized. The annual report of Road Superin tendent, Jim A. Hendricks was approved. Extra labor and supplies, not to exceed $114.25, in the 1. G. Kerr macadam road, were authorized, the same to be paid from the special construe tion fund of the county. The following reports of County Clerk, Will Hammell, the money of which has been turned into the county treasury, were approved: Jury fees! (for year) $45; docket fees, for quar-? ter, SSO; fines, for quarter, S3O; ! clerk’s fees, quarter, $480.68; exclerk’s fees, for quarter. $233.82; ex sheriff’s quarter, $60.50; sheriff's fees I quarter, $258.20. — The quarterly report, of Recorder | Aaron C. Augsburger, of fees in the: sum of $497.95, which have been turn i ed over to the county treasurer, waapproved. Orval Harruff was appointed engineer of the George Wemhoff et al. , macadam road. William Baumgart ner and C. C. Yoder were appointed viewers to meet January 9 in the auditor's office and qualify. They are 'to report, ten days before the next meeting of the hoard.

In the John Durr macadam road, j Orval Harruff was appointed engi neer; Peter Klopfenstein and Samuel Baker, viewers. They are to meet i January 10 to qualify. The report of Auditor Baltzell of fees collected for the quarter, $30.40. was approved. The reports of Treasurer Kinzle of receipts and disburs-1 ments for November and December ; were approved. Time was given the viewers and engineers in the Christ Gilliom ma- ; cadam road, to report. The board found against John W. Thatcher in his petition for refund of taxes. INSPECTOR HERE O. S. Roberts, insepctor for the chief chemist of the State, was here today taking samples of a carload of cotten seed meal which was shipped in here without labels. If he meal does not analize the full amount of protein for which the tag calls, then the state will force full repayI ment of an equitable sum to the farmers who bought the meal. Mildred, little daughter of Prof, and j Mrs. M. F. Worthman, who is quite | ill of pneumonia, is somewhat improv- | ed today, having passed a fair night.

A LARGE CLASS ■i r , Initiated Last Evening by the Pocahontas Council —Banquet NEXT FRIDAY NIGHT New Officers Were Also Installed— The Council Has Rapid Growth. A class of nine was received by tuo Pocahontas council, with appropriate initiation service last evening. The new members are: Lila and Jennie ! Miller, Emma Hunsicker, (Teo Roop, Temple Butler, Vada Chronister, .>!' Whitright, Irwin and Elizabeth Elzcv. 1 A class of others will be initiated later. The contest tor membership was! closed and the side of which Mrs. I'd, Whitright is captain, will give a ban-! quet next Monday evening for i’ie| winning side. The installation of officers also took

place last evening. They’ Pocahontas, Blanche Whitright; Wenonah, I Clara Cooper; prophettess, (Tara 1 Breiner; keeper of records, Alta Hooten; keeper of Wampum, Oral Johnson; Powhatan, Mat Breiner; first I and second s couts, Rachel burdg. Mary feller; first and second runner. Maude Bennett, Blanche Knodle; guard i of tepee, Rosa laird; guard of forest. Lizzie Gregory; first second and third! and fourth warriors, Nettie Aurand. Hila Murray, Malita Wuerst, Linniei Wilhelm; first and second, conns 1lor, Elo Patton and Elezan Archer; pianist, Irene Steele. o AGED FARMER A SUICIDE (United Wess Service) Shelbyville. Jan. 6 —(Special to the ' Daily Democrat) —Sam Hertel, 72, a retired faultier and a member of the coninfoTT’i otlffcnr hanged himself fh’ his barn here early today. Members of the family found the body. It I is believed worry over ill health cans-! ed the suicide. after Johnson Political Enemies of R. 0. Johnson to File Impeachment Proceedings NEXT MONDAY NIGHT Action Follows Long Quarrel with Mayor Over ConI ditions in the City. The following dispatch appeared in the Indianapolis Star this morning.: Gary, Ind., Jan s—Stepss—Steps to impeach .Mayor R. O. Johnson and K. M. Burr j and Alfred Carlson, members of the • board of public safety, were t aken by ] the City Council last night. The coun-' cil voted unanimously in the maoyr's I case for the appointment of a com-' mittee of three to file charges Mon-i day night. The following accusations are matte against Mayor Johnson: Neglect of duty, inefficiency, refusing and neglecting to do his duty and interfering with an officer in the performance | of his duty, drunkenness, conduct unj becoming the mayor of the city of Gary. Commissioners Burr and Carlson are to face charges of inefficiency 1 neglect and failure to do their dtPy. : The council’s action follows a long ■ quarrel with the mayor over condi- | tions in the city. Trouble was brought: to a head when Mayor Johnson directed the safety board to dismiss Capt. ! George Nestorovitch, night chief of ! police. When Commissioner Irnuis i Grkovitch refused to obey the mayor’s j order he was ousted. Two Acting On One Job. Refusing to recognize the order of j dismissal. Nestorovitch remains on i duty and contests the right of the now captain, Thomas Matthews, to issue orders. Wednesday night the council directed the safety board to appear before it to explain why it removed | Nestorovitch, by a vote of 2 to 1. withlout a hearing. The commissioners failed to appear last night. Nestorovitch, a leader among the; . Servians of the city, was accused un

officially of activity in behalf of Dr. F. I M. Smith, who is expected to oppose | Johnson for the next Democratic nonillation for mayor. Crowd At Council Meeting. Three hundred Servians, headed by their leaders, Grkovitch, Nestorovitdi | and Councilmen Michael Duchich and John Kesseric, appeared at. the Council meeting. Duchich presented the motion calling for the steps preliminary to impeachment. Mayor Johnson declared that tilt* Council is exceeding its authority in questioning his acts. When the council quarreled with the mayor ' over vice conditions a month ago it made impeachment threats. Johnson replied that the -ouncilmen were insincere, being privately in favor of “regulated" dives, ’’’he Gary Commercial Club then natne.d a committee of Steel Corporation? officials and business men to aid in the cleanup. THECmfOS Wegmiller and Byrd Each Fined $25 —Gaming Machines Returned

TO THE OWNER Caroline Gilliom Given Divorce—Former Name, Caroline Haughton. Mel Wegmiller and Clayton Byrd, of Geneva who pleaded guilty some time ago to having gaming device, were fined $25 and costs. The niach- . ines which were taken by Sheriff Ed Green at the time of the arrest, were i ordered by court turned over to the , owner. Ed Jennings. Caroline Gilliom was granted a divorce from Daniel Gilliom. Her far- , tner name of Caroline Haughton, v ;.s . j restored . Mr. Gilliom is to pay the ■ costs. The legacies of Adeline Reese and ; others and Reinhard Horn, and others, from the Louisa Hoemeyer estate, now in the hands of the clerk, w re i ordered paid by him to the petition- ] ers who are to render the proper rr-l ceipt. Real estate transfers: Mary Zwi.k to Edward Carrier, lots 31, 32, 33. 35, I 36, 42, 42. 44. 45, 41, 19. 20, Williams, $2,000; Edward Carrier to William Brown real estate in Williams. $2,000. Attorney ('. L. Walters for th.' i Swayne, Robison & Company, has filI ed suit against William Gero and The ! Shuey-Dowling Company, demand $690| on contrait. for the purchase of a hay baler. The report by the administrator, Jacob Bailey, of sale of personal proi perty in the Daniel Bailey estate, ordered sold at private sale, was approved. Winnie Wilder qualified as adminis- | tratrix of the estate of Chauncey C. Wilder, giving $2,000 bond. D. B. Erwin, as commissioner of 1 sale, this afternoon sold the forty-acre farm in Union township, in the Bitt--1 ner estate, to Adam Bienz for $5,850. The trial of the Fort Wayne case will be resumed Monday morning. The evidence has not yet all been submitted. TAKEN TO HOSPITAL Mrs. C. R. Uhl of Toledo who has been spending the holidays with her parents, Mr. and Mrs. B. J. Terveer and family took sick last Tuesday while at the dinner table and since ! then has been suffering very much from chills and fever. Her condition grew worse last evening and this morning she was taken to Fl. Wayne land then to St. Joseph’s Hospital ; where a diagnosis was held by Dr. ■ Rosenthal. Mrs. Uhl was operated i upon just a few months ago. She has been in poor health for a number ol ; years. Mr. Uhl accompanied her to the hospital. The trip was made in ■ the large ambulance of Murray Scherer. . TODAY’S HOOSIER ODDITY. > ■ I , (United Press Service) Huntington, Ind., Jan. 6 —(Special to Daily Democrat)—While saving 1 Ralph Sanders, who had broken ■ through the ice, Gordon Ulrich swallowed a pin which he was holding his i mouth and when Sanders cried tor ' help. Physicians were unable to rei move the pin.

Price, Two Cents

PEACE _REFUSAL Kaiser Wilhelm Decides That Allies’ Reply is Refusal of Peace Terms. SUSPECTS THE U. S. Os Pro-Ally Sympathies Rather Than Effort to Co-operate. * (United Press Service) (By,Carl W. Ackerman> Berlin, Jan. 6—(Special to Dally Democrat) —The discussion in congress at Washington on American international relations following the re cent peace note has resulted in tho belief in some quarters that the United States and the allies are gradually drifting together rather than that tlm United States and neutrals are cooperating for peace. This belief has been aroused especially by the discussion of a change in American international and political policies which would make foreign alliances possible. The Kaiser has decided that the ententes reply may be considered a refusal of Germans offer of peace.

lamdon, Jan. 6—(Special to Daily Democrat)—-Interest today centered in war—not in peace. Two conferences, one by the allies and one by * the central powers indicated that both I sets of beligerents intend to make answer to the peace note by force of arms. The allied conference was at Rome. Premier Lloyd George and other high officials represented England; Premier Briand represented France and Russia sent a member of her geneal staff. The conference was taken hero to forcast a more vigorous prosecution of the war. The Teuton conference was reported at the field headquarters of the Kaiser. It was believed here that the i central powers conference was to discuss what had rappened to the German peace plan. New’ London, Conn., Jan. 6—(Special to Daily Democrat) —Indications that the German merchant submarine Deutschland is expected again shortly with a cargo from Germany was given today by the unloading of merchandise from cars at the wharf of the Eastern Forwarding Company, owners of the Deutschland. '~ON THEBORDER (United Press Service) El Paso, Jan. 6 —(Special to Daily Democrat) —That the Carranzas have defeated the Villistas near Jiminez was the claim made by Mexican officials today. The statement claims that Villa is fleeing and his forces have been scattered. The bulletin declares that Villista dead, wounded and captured number fifteen hundred while the losses sustained by the government forces wi re placed at one hundred. Reports obtained by United Stat 's department agents here, however, is serf that the result was not a Carranza victory but that Villa is steadily Gorging his way northward. o COMMITTEE TO MEET. Members of the democratic county central committee, who live in he city of Decatur are under the new primary law, also members of the city ■ central coiftmittee. Henry B. Heller county chairman and T J. Durkin, city chairman have called a meeting of these members tonight for the purpose of organizing as required under the law which provides this must bo done on or before January 6th. The city chairman will be elected and the plans made for the city primary whi- h is to be held in March. The meeting will be held at 7:30 this evening at Democratic Headquarters. 1 — RESIGNS AS CLERK Jesse Helm to Go On Road For Fort Wayne Business College. Jesse Helm, clerk at the postoffice since July 1, 1908, will on next Monday, January 8, sever his connection therewith, having tendered his resignation last Saturday. Mr. Helm will begin work as a traveling man for the International Business College. Fort Wayne. Roy Baker of Tenth street, has been secured to take his place as clerk in the postoffice, temporarily, and may later take the examination for the place.