Decatur Daily Democrat, Volume 20, Number 291, Decatur, Adams County, 12 December 1922 — Page 1

■Volume XX. Number 291

[ZELLNERS ASK I FOR DAMAGES I FROM RAILWAY ■Local People Demand Judgment For $2,000 From Clover Leaf Line ■result OF ACCIDENT ■Allege Damages To Person And Automobile Result Os Carelessness ~,J[ Two suits for damage wherein the Btcttil Judgment demanded amounts t > ■fj.OOi), were filed in circuit court here ■today by Edward Zellner and his wile, ■.ottise Zellner, against Walter 1.. ■ross, receiver of the Toledo, St. ■l.otiis and Western railroad company, ■as the result of an accident on Oc■tober 2, 1922, in which Mrs. Zellner ■was injured and their automobile ■badly damaged. The accident occur■ed at the Line street crossing in the ■south part of the city. I Mrs. Zellner demands judgment in ■the sum of SI,OOO for the injuries she ■•eceived in the accident, which she ■alleges, were due to the carelessness ■Bnd negligence of the defendant rail ■toad company. It is stated that Mr. ■and Mrs. Zellner were driving on Line ■street in their automobile on the date above. Mrs. Zellner was |wriving the car, it is said, and the alleges that the view of the for a distance of several hum ■ired feet was obstructed by freight ■rars setting on the tracks. I Just as Mrs. Zellner drove the auonto the tracks it is alleged, locomotive and heavy train of cars from -the east at a rate of speed at forty-five miles per hour. ■The locomotive struck the automo■friie, it is said, carried Mrs. Zellner ■aith the wreckage of the ear for a dis of about sixty feet, inflicting In to her person, which caused ■ter to be confined to her bed for a ■teriod of more than one month and ■ attsed her much suffering. I It is alleged in the complain also the engineer in charge of the lo ■< emotive failed to blow the whistle ■and ring the bell on the engine, as ■’e.quired by law. It is pointed out ■hat the engineer violated a city ordi ■lance of the city of Decatur, when operated the locomotive at a rate ■rs speed estimated at 45 miles an ■lour, while crossing a street. I Mr. Zellner filed a suit against the ■railroad company demanding jitdg ■nent in the sum of SI,OOO for damages ■alleged to have been inflicted to his ■automobile by the colision of the lo ■comotive. The automobile was a to ■al wreck following the accident, it is ■said, and it was valued at SI,OOO by ■th eowner. Attorney R. C. Parrish of ■Fort Wayne, has been employed by ■the plaintiff in each case. I The case of the state on relation of ■lda Cline vs. Lewis Cline, for fraudu■lent marriage, has been set for trial ■on January 17. In the case of the Bank of Linn ■Grove against Amos D. Rnckmaster ■and others, Attorney L. C. Walters ■apepared for the defendant Amos I) ■ Buckmaster. ' In the estate of Harriet Bucher, the ■ administratrix has been authorized to ■ sell certain personal property at pri ■ vate sale without notice for cash. I The Old Adams County Bank has I been appointed guardian of Ardilla A Band Maxine L. Suhm, minor heirs of | Wilbur M. Suhm, and letters issued. o Gov. Russell Wins In Seduction Suit Oxford, Miss., Dec. 12—A jury of men chose between a woman's home and a woman’s reputation and refused damages to Miss Frances Birkhead in her suit against Governor Lee M. Russell. “The governor and Mrs. Russell are ideally happy. Do not allow your ( verdict to divide them and end their, happiness,” was the plea of D. W.| Houston, defense attorney' which was, ■Hthald by the jury last night in the r«(MHtional seduction suit. T : to-' Campbell made a vigorous t Argument im behalf of the girl's character picturing her as an innocent country girl who had been seduced hy the world wise executive. — o MARRIAGE LICENSES Harry Worden, farmer. Adams county, age 19 years, to Emma Bracht, Kirkland township, age 18 years.

DECATUR DAILY DEMOCRAT

BERNE WON FROM GENEVA Berne high school teams twice defeated Geneva basket ball teams Frl<’ay night. Both the Ist and 2nd team were victorious from Geneva, the J games having been played at Berne In the first game the Berne, seconds won a close contest by a score of 111 H. The second game the varsity ga thered 23 points while the Geneva • ( lads pulled in only 11 scores. HAWKINS WINS . ALIMONY SUIT Portland Millionaire Gets Decision Over Wife; Di- > vorce Case Pending » ■ A decision handed down Into Sat urday afternoon by United State; Judge Sibley in the Federal Court a 1 ■ Atlanta, Ga., in the divorce suit action , of Mrs. Fannie M. Hawkins, of Allan . ta, against Morton S. Hawkins. Port land millionaire, favors Mr. I lawkin.-., the court holding that no legal setvice had been had in the case on Mr. Hawkins, in the Georgia suit and dis missed the case with costs assessed to Mrs. Hawkins. The case was trans 1 ferred from the circuit court nt Atlanta to the Federal Court by Mr. Hawkins. This is the case which Fannie M. Hawkins filed last March against Mr. Hawkins at Atlanta, Georgia, for di vorce and alimony In the sum of $75. 00n. A deputy sheriff from Atlanta went to Florida with Mrs. Hawkins’ attorneys and came from Jackson ville on the train with Mr. Hawkins They served papers on him in Lowndes county. Georgia, for attachment and placed Mr. Hawkins under civil arrest until he filed a twenty-five thousand- dollar bond at Atlanta about a day and a half later. Several month, later Mrs. Hawkins' attorneys realized that she eould not sue for divorc.'’ in Georgia and they dismissed the divorce suit hut attempted to proceel with the alimony suit. Judge Sibley held that the service on Mr. Hawkins in south Georgia wa unlawful and that the deputy sheriff had no right to act outside of his home county in serving civil process and Ittherefore dismissed the case and disolved the injunction which Mr.;. Hawkins obtained about one month ago against her 1 husband prosecuting his divorce suit in Indiana. Mr. Haw kins has a suit for divorce pending in court at Decatur against his wifiwhich it is expected will be tried this month. Inasmuch as Mr. Hawkins was kep! at Atlanta under arrest at the Pied mont hotel for thirty-six hours in the case just dismissed, attorneys hen think that he may bring suit for dam ages in Federal court at Atlanta against the sheriff and the other parties interested. Mr. Hawkins was just recovering from pneumonia when ai rested in Georgia and his friend; claim that it caused a set-back which kept him in the house for two months after his arrival home. The divorce case pending here has been set for trial on December 27. It is not known whether Mrs. Hawkins intends to contest the action or not. Local Auctioneers In Big Sale At Chicago Col. Fred Reppert and Col. H. B. Kneisley returned from Chicago yesterday where they attended the Inter national Live Stock Show. Ou last Friday the two local auctioneers took part in the sale of Hereford Breeding, cattle. The average price paid for the cattle was $847 per head, the highest average in recent years. The first prize bull sold for $9,100 and was purchased by William Randolph Hearst, rthe noted journalist from California. The top price paid for a cow was $750. Community Meeting In Union Township Tonight 'community MEETING IN I A community meeting will be held ' at the Kohr school, in Union township 'at 7:30 o'clock, tonight. Following lis the program: ' Music — Declamation by Robert 1 Workinger. Exercises, by the School. Declamation. Remarks by C. A. Dugan, Music. Remarks by C. S. Mummn. Reni&rks by County Agent, L. of officers for ensuing • year.

SUGAR PLANT CLOSES AFTER SHORT SEASON Slicing Os Beets Ended Yesterday Evening; Machinery Idle After Friday MUCH COAL CONSUMED Approximately SIBO,OOO To Be Paid To Farmers For Beets Last Os Week Slicing of beets at the Holland-St. Louis Sugar factory ceased at about seven o’clock last night and it is estimated that approximately 40,000 tons of beets were run through the mill anti the sugar extracted front them dur lug the present campaign. The mill closed about Friday. Although this campaign has been shorter than usual, the run this year lining less than two months and the second smallest campaign since the establishment of the factory in this city, the run has been a steady one and the operation of the big plant was not marred by. any serious accidents. During the present campaign about 300 men have been given employment in the factory alone, exclusive of those stationed at weight stations, in the fields, and office. Those beets now ill the process of sugar making, will, it is estimated, be run through the mill by Thursday or Friday and Manager John Carmody stated that the machinery would be idle after Friday of this week. During tile run this year, approximately 10,000 tons of coal, about 2,500 more tons than that used by the Municipal Light, Power and Water plant, in this city, burned in generating power for the big machines in the factory. The freight bill paid by the HollandSt. Louis Sugar Co., is amazing and is one of tile big items of expense in the operat-um. <>t Uu;. plant. The last pay day fur the farmers for their beets will be made Friday and it was stated that nearly SIBO,OOO would lupaid to the farmers for their beets on this day. o NOTICE G. T. Burk received word this tnornhig that Rev. A. 11. Thompson, who was h> have preached at the Christian Church Wednesday evening, has an attack of Influenza and will be unable to be hire. The meeting will be postponed indefinitely. o ■ FORMER ADAMS CO. MAN DEAD A. L. Garboden Died At Home In Wells County Sunday; Apoplexy Alexander L. Garboden, aged 71 years, passed away at 11:30 o'clock Sunday forenoon, at his home eight miles southeast of Bluffton, death coming six hours after he was stricken with apoplexy. He had been in I poor health more than a year following blood poison infection. The deceased had resided in Wells County twenty years, and was one of the county's highly estemed citizens. A. L. Garboden was born at Salem, North Carolina, on June 30. 1851, and 'at his death was aged 71 years. 6 months, and 10 days. He came to Indiana titty years ago, and first locat ?d at Fort Wayne, and thence came to Adams County, and resided in this county until 1902, when lie and his family moved to Wells County. While a resident of Adams County Mr. Garboden clainjed as his bride, Miss Henrietta Repert, and she survives, with seven children, to mourn a beloved husband and father. The children are William, living at Portland, Oregon; Charles, of Mishawaka, Ind.; Harvey, living near Domestic; Mrs. Irid Folk and Mrs. George Nutter. of Wells County; and George F. and Margajret Garboden, at home. One child died in infancy. A sister, Mrs. Matilda Marshall, lives at Bay City, Michigan. Mr. Garboden was a member of the Old Salem church and fraternally was a member of the Harmony Lodge of Odd Fellows, of Fort Wayne. Funeral services were held at the Six Mile church at 1:30 o’clock this afternoon, the cortege leaving the residence at one oclock.

Decatur, Indiana, Tuesday Evening, December 12, 1922.

MAY HAVE BEEN SAME MEN The three prisoners who passed through Decatur Saturday in the custody of the sheriff from Union City, are believed to be the same men who attempted to steal gasoline from a tank In front of the Theodore Arnold ■ tore at Nottingham, Wells count), last Wednesday night and fired one shot at Mr. Arnold, who detected 'them. AUCTIONSCHOOL TO OPEN DEC. 26 Old Building Os Old Adams County Bank Leased For The School An announcement was made today that the building formerly occupied by the Old Adams County Bank, on the corner of Second and Monroe streets, has been leased for the Winter term of the Reppert Auction School. The term will open on Tuesday, December 26. This building will make a splendid one for the school, owing to its size and excellent location. Col. Reppert announced today that tlie faculty for the coming term will consist of several of the instructors who were here for the summer term and also a few new ones. A list of the new instructors together with the old ones, will be announced later. A number of students have registered already and several others have written for literature and information. Indications are that the enrollment for the winter term will equal if not exceed that of any previous term. Thomas Sowards, President Os Tocsin Bank, Is Dead Thomas J. Sowards, age 78 years president of the Bank of Tocsin, died at the home of his daughter, Mrs. Lydia Nash, in Bluffton, at 5 o’clock Sunday morning, following an Illness of a few months with a complication of diseases and the infirmities of old age. Funeral services were held at 2 o’clock this afternoon from the liesbyterian church in Bluffton, the Rev. H. N. Sear officiating. Mr. S<rtvards was born in Seneca county, Ohio, February 10, 1844. He was married to Rachel Dailey, who was deceased, on January 1, 1866. To this union were born the following children: Mrs. Lydia Nash. Bluffton: Mrs. Ida Sweeney, Harrison town ship; Mrs. Emma Lindeman, Ft. Wayne; Mrs. Reuben Nash, deceased; John Sowards, Bluffton; and Joseph Sowards, deceased. MARRIAGE LICENSE David P. Neuenschwander, farmer, Berne, 35 years, to Catherine L. Amstutz, Berne, age 19 years. EIGHTH DISTRICT BAR MEETING Decatur Attorneys Invited To Conference At Muncie On December 19 Members of the Adams County Bar have received invitations to attend a meeting of the judges and members of the Bar of the Eighth Congressional District to be held under the auspices of the Muncie Bar Association in the Hotel Roberts, in Muncie, on Tuesday, December 19. The meeting Is being held for the purpose of dis cussing proposed changes in the state constitution. A supper will be served at 6:30 o'clock Jthat evening. Hon. Clark Lutz, of this city, is ou the program to give a fifteen minute talk on the subject, “Is There a Growing Disrespect of the Courts and the Law?" Judge J. J. Moran, of Portland, chairman of the District Bar, will deliver the address of welcome. Other speakers on the program are J. A. Van Osdol, Anderson; F. F. McClellan. Muncie; Judge Alonza Bales, Winchester; Judge John M. Smith. Portland; and Judge W. W. Eichorn, Bluffton.

S DAYS TO

TINNER HURT IN ACCIDENT AT GYMNASIUM J A. R. Ashhaucher Fell 20 Feet When Boards On Scaffold Tipped TWO MEN IN THE FALL Tony Nesswald Only Slightly Injured; Ashhaucher Hurt Back And Wrist A. R. Ashhaucher, local tinner, was seriously injured, and Tony Nesswald, slightly injured, shortly after 11 o’clock this morning when the boards on a scaffold on which they were working in the new high school gymnasium. tipped, allowing them to fall about twenty feet to the floor beneath. Mr. Ashliancher suffered a broken wrist and painful sprains and bruises about his back and Mr. Nesswald received an injured knee. Mr. Ashbaucher and Mr. Nesswald, together with two other men. were on the scaffold, engaged in putting on the steel ceiling in the gymnasium. In some manner the board tipped and before either of them could catch hold of a support, they fell to the floor. Mr. Ashbaucher alighted on his hip and left arm, it is thought. His left wrist was broken. Following the accident. Mr. Ashbaucher was removed to his home ou North Third street, where medical attention was administered. Although his back is severely bruised and sprained, it is thought that no bones were broken. An X-ray picture of hi.s back will be made as soon as he is sufficiently improved. Mr. Nesswald was not seriously injured and was able to continue with his work. This is the second accident which has occurred at the new gymnasium since eWSTructfnfi was started there during the summer. About the. middle of August the steel work on the second story collapsed, causing twelve men to fall a distance of about fifteen feet. Vernon Aurand was the most seriously injured in that accident, he having suffered a broken leg, which was later amputated below the knee. CHICAGO GRAIN CLOSE Wheat: Dec., $1.22%; ay, $1.21’4; July $1.12%. Corn; Dec. 72%c; May 71%c; July 71%c. Oats: Dee., 45%e; ay. 45%c; July 38c. GIRL MOTHER TELL£ STORY America’s Youngest Mother Testifies Against Minister Step-Father Sidney, Ohio, Dec. 12 —America's youngest mother will testify today against Rev. L. W. Irwin, her step father, charged with the paternity of her four months old son. Elizabeth, the child-mother, who for several weeks after her baby was born last July denied innocently that she had "any boy friends" later gave authorities a statement implieatfng her step father. He immediately was indicted by a grand jury. Elizabeth, now 11, was 10 when her baby was born. Medical men at the time declared the birth established a record for precocious motherhood. Irwin's defense comprises a flat denial of the charges. Methodist ministers from all over the district will testify to Irwin's good character, Harry K. Ftfrsythe, his attorney, said The girl-mother is the state's star witness, according to Prosecuting Attorney R. E. Marshall. He said he would prove she was 9 years old when the alleged assault was made. Since Irwin’s arrest Elizabeth and her baby have been living with Mrs. Irwin who has one child by her present marriage, an 18 months old girl. Mrs. Irwin, Forsythe said, will appear in court to defend her husband's reputation. Elizabeth's baby also will be brought Into court in the state’s effort to prove the paternity charge. Prosecutor Marshall declared he had other witnesses besides the girl to testify Irwin took her into the country and lived with her while his wife was quarantined with scarlet fever.

CONDUCT SALE TODAY Col. Fred Reppert and Col. H. 11. Kneisley went lo Portland t (day to conduct a live stock sale for Simpson und Goddson, on the Emmet Simpson farm, six tulles northeast of Portland. The sale was a combination sale of thoroughbred cattle and hogs. The stock offered for sale consisted of 10 | Short Horn cattle, 48 Big Type Poland China hogs, and 40 fall pigs. TINE TALK GIVEN BV MBS. BROWN Members Os Woman’s Club And Others Heard Interesting Address The Woman's Club held its regular meeting at the library Monday evening at which time Mrs. Demarcus Brown of Indianapolis, who came here under the auspices of the Liter attire department, talked for two hours to the members of the club and many others. Mrs. Brown who has been abroad and has studied the foreign situation used for her subject, "Greece and Turkey.” She defended the. Greeks and stating that the earliest history, the manners and customs of these people had always been interesting. Their attitude during the war was just as interesting, she said. The Greek people love America and during the world war were very much pro-allied but owing to the German relation of the Royal family they were unable to be of assistance until they were organized under the brilliant statesman Benezilas, said the speaker. Mrs. Brown toid in detail how Benezilas worked heart and soul for the interest of the Greek nation. The present situation in Greece as Mrsj Brown depicts it is pitiful. Greece under the proper conditions would be a progressive, intellectual nation, but because of the persecutions by the Turks, the country is fatigued with war and unrest. Mrs. Brown expressed fear that if Turkey regains control of Greece that Christianity throughout the world is at stake. Therefore she explains that help given in any way towards the Near East Relief is well spent. Mrs. Brown is one of the most prominent and leading club women and women lecturers in the state. She is a student of ability and is an excellent speaker, well versed in nearly every subject and her lecture last evening was thoroughly enjoyed by the many present. It was educational and interesting. The evening's program was opened by Mrs. Dan Tyndall, who sang a number of solos. One Os Whitright Twins Died Monday Harry Elias Whitright, one of the twenty months old twin boys of Mr. and Mrs. Sam Whitright, died at the family home at 420 West Patterson street at :10 o’clock yesterday evening, after an illness of only three days with bronchial pneumonia. The child was born in Decatur, May 3, 1921. He is survived by the parents, and the following brothers and sis ters: Naomi, Charles. Thelma. Freda, and his twin brother, Harold. Funeral services will be held from the Evangelical church at 2 o'clock Wednesday afternoon, the Rev. C. L. Haney, oftidialing. Interment w‘ill take jiiace in tho Decatur cemetery. * Rebuked For Opening Xmas Presents, Boy Kills Himself Chicago. Dec. 12—Gordon Tuchband, 13. couldn't wait for Santa Claus to come. Today he is dead. Gordon shot himself through the head after his mother rebuked him for opening Christmas presents. Last night Gordon’s father brought him a number of mysterious packages Gordon, his sister, Doris. 11. and 1 brother, Robert, 8. all demanded, “just one look.” Tuchband ordered them to leave the house and take a walk. Gordon and Doris sneaked into the closet where they were discovered by Mrs. Tuchband. She rebuked Gordon. A few minutes later a shot was heard and Gordon's body was found on the floor of the closet, his father’s gun clutched in one hand. o *+*+++♦+ + + + + + + * ♦ WEATHER ♦ ♦ ♦♦♦♦♦ + ♦♦+♦ + ♦ + ♦ INDIANA—Fair tonight; colder In east and south portions; Wednesday probably fair, not so cold in northeast portion.

Price 2 Cents

CHILD ALONE IN HOUSE WITH TWO CORPSES Most Brutal Murder In Eastern Indiana History Is Discovered Today : CHILD WAS EXHAUSTED Alone in House With The Bodies For Five Days; No Clues Found Anderson. Ind., Dec. 12 —Cooped in an Isolated farm house for five days with two corpses and all the grusotne evidence of the most brutal murder in eastern Indiana history, a three year old child was discovered today exhausted from lack of food and suffering from colds. Neighbors alarmed at the long absence of Mr. and Mrs. Wm. Shaffer wealthy farmers living near Middletown, just across the line in Henry county, went to the home. The cry of the child greeted them faintly. In the bed they found Mrs. Shaffer, her skull crushed. Nearby was the corpse of Shaffer, his head also split open. Lying In the kitchen was a blood covered hatchet and scattered about were a purse turned wrong side out, a diamond necklace and other Jewelry abandoned by the murderers in their flight. An automobile belonging to Shacer was found in New Castle some time ago. It apparently had been used in the escape. Authorities after investigating the crime picked up a new thread of evidence when they induced the child to talk and were informed by it that the murder was committed last night. The body of Mrs. Shacer was said to have been decomposed however. Ben Brookside, an employe of tho Shaffer farm who disappeared within the last few days, was immediately made the object of a search extending through Madison. Henry and Delaware counties. He was reported to have been seen at Muncie last night. County officials learned that Mrs. Shaffer had rejected a plea of Brook side that she finance him in the operation of a jitney bus line in Muncie. It was also reported that the Shaffers had told neighbors they intended to get Brookside out of their home. The child’s clothing was stained with blood and the walls were bespattered. The child was a nephew of Mrs. Shaffer. Friends of the murdered couple claimed that Mrs. Shaffer had $15,000 worth of diamonds in the house. Many o fthese were gone and no money was found about the place, leading authorities to believe that robbery was the motive. Some of the Jewels were left in the house, authorities believe ecause they might lead to identification. ■ —o More Contribute To Good Fellows Club Results of the contributions to the Good Fellows Club today were as follows: Previously subscribed ....$78.85 Catherine Sellemeyer 1.00 A Friend 1} Dan Erwin 1.00 Mrs. Wm. Blackburn 50 W. J. Schumaker 50 Lawrence Voglewede 1.00 A Friend f 05 H. S. Smith 05 Mrs. Will Kohls 1.00 A Mother 50 Total $84.57 o— FIRE AT CULVER ACADEMY Culver. Ind., Dec. 12. —Fire late yesterday destroyed the big recreation building of Culver military academy with a loss of $200,000. Officers and caddets were shooting on the indoor target range hi the building when they discovered the flames behind the target. Mexico Willing To Exchange Prisoners Los Angeles. Dec. 12—Mexico today bartered for the return of Clara Phillips, "hammer murderess" ts the United States. Leandro Games Leal, consul for the Obregon government here, announced ho had a communication from high Mexican officials saying that the exchange of Mrs. Phillips for a badly wanted Mexican fugitive, the latter now in the United States, "would be welcomed.”