Decatur Daily Democrat, Volume 29, Number 94, Decatur, Adams County, 20 April 1931 — Page 3

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ItaRS SET ■merican pace M. ; \pril 20. —<U.R)i —WailA.U: Washington Senators i'^K. l ti>e' fast pace in the Am|,,u. . pennant race ati<l apto lie a serious threat |K ~! . ,j.1 , |. Ipilia Athletics' hope a third consecutive lea Senators have won four of games and open the ( | wc.-k of the 1921 season as] |, Five games do not i a S eaHin and many things! W !!aI „ ■ before the race closes ] 1,, but Washington's part nilarly impressive hew< i- ied at tht' expense tn,, p.t-is of opening weeK the > merican league race he a tight between ...id Philadelphia, with w > Yankees a dangerous - consecutive victorreceived their first V t e-- and made an intS ive slaving in dropping a 3 battle io tlie Athletics. huffing and Rube Walhooked up in a hurling duel. !^K r ,. m. to:: spectators, and the ; triumphed i n found the Boston feo\ an easy opponent, alter with Philadelphia, won x to 0. Lloyd Brown. I, held the Red Sox gHB 10 '.ttcred tills, while his pilei! up S runs in the seca;: 1 third innings to clinch the r American league games lei,, excitement. the Chi■i Whu. Sox drubbing St. Louis, 6, in a free hitting contest Detroit beating Cleveland. 7 to Wliitehill worked for. DeKlit and Mould have registered a om but for a home run by Joe t'leveland rookie, witli a on base. ■fli:.-,g■ > defeated St. Louis, 4 to the feature National league Charlie Root, Cubs ace, K,i the Cards to six hits and pitchshutout ball after the opening! Two walks and single by Mgli-;. i Hartnett gave the Cubs rans to win in the first inand Hack Wilson, Stephen■i. Hartnett and Charlie Grimm in an additional two tallies the third and sixth innings. MTlu- defeat was St. Louis' first in start- and dropped the Cards ■ t.< tie for first with Boston and York. Chicago advancing to place. |BIL-a a (] t , S e r ted the unbelt-! Hass, losing a 9 to 2 decision to B|e New York Giants. The Braves, w< i: four in a row from' Brook■n, were no match for the Giants ■><! gathered only six hits off Fred IB Brook l ' ii dropped Its fight con: league game to Philadelcapacity opening day crowd of Mf.mm spectators into thinking they going to win the game for ■even innings. Then Lefty Clark and Philadelphia scored Bbur runs to take the lead. Brooktied the score in the ninth, only

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to lose out in tho tenth. Cincinnati Joined Brooklyn in the five-defeat group, dropping a 5 to 1 battle to Pittsburgh. The Rods I found Ray Kremer for 8 hits and profited by three Pirate errors, but. | were ineffective in the pinches and had 14 men left on base. The Pirates got only 9 hits off the combined delivery of Johnson. Kolp and Frey but made their blows good for five runs. Yesterday’s hero: Charley Root, who pitched the Chicago Cubs to a 4 to 1 victory over St. Louis, allowing only 6 hits and pitching shut-out ball during the final 8 in--1 nings. It was the first defeat of 'the season for the Cardinals, 1930 | National league champions. o STANDINGS NATIONAL LEAGUE W. L. Pct Boston 4 1 .800 St. ixiuis 4 1 *.BOO New York 4 1 .800 Chicago 4 2 .667 Pittsburgh 3 3 .500 Philadelphia 2 3 .400 Cincinnati 0 5 .000 Brooklyn 0 5 .000 AMERICAN LEAGUE W. L. Pct. Washington .. 4 1 .800, Cleveland 3 2 .600 New York 3 2 .60(1 St. Louis 3 2 .600 Philadelphia 2 3 .400 Chicago 2 3 .400 Detroit 2 3 .400 Boston 1 4 .200 AMERICAN ASSOCIATION W. L. Pct. St. Paul 4 2 .667 Louisville 4 2 .667 Milwaukee . ... 4 2 .667 Columbus 4 2 .667 Toledo 2 4 .333 Kansas City 2 4 .333 Minneapolis ... 2 1 333 Indianapolis 2 4 .333 YESTERDAY’S RESULTS National League Chicago, 4; St. Louis, 1. Philadelphia, 6; Brooklyn, 4 (10 I innings). Pittsburgh, 5; Cincinati, 1. New York, 9; Boston, 2. American League Washington, 8: Boston, 0. * Detroit, 7; Cleveland, 2. Philadelphia, 3; New York. 2. Chicago, 12; St. Ixiuis, 6. American Association Indianapolis, 12; Minneapolis, 9. Louisville, 8; St. Paul, 7. Milwaukee, 4; Toledo, 2. | Columbus, 4; Kansas City, 3.

Fred Burke Arraignment St. Joseph. Mich., April 20.—(U.R) —Arraignment of Fred Burke on charges of murdering Policeman Charles Skelly ' was postponed today until Thursday by the illness of Judge Charles E. White. Judge White was confined to his home at Niles with a throat infection and is not expected to open the April term of Berrien county Circuit court before Wednesday. ; Burke, who is in the count yjail i here, is expected to enter his plea on the opening day of the term.

DECATUR DAILY DEMOCRAT MONDAY, APRIL 20, 1931.

LARGE PROFITS ARE PREDICTED Chicago, April 20—<U,R>—After one of the greatest opening weeks in history major league baseball today looked forward to one of Its most prosperous years. Twice in the first six days of the 1931 campaign the two major leagues smashed all attendance records, for a single day. On the opening day the two leagues attracted approximately 245,000 persons into eight parks, surpassing the former opening day record of 233,000 made in 1925. Yesterday the two leagues surpassed an old record when approximately 240,000 persons saw the eight games. Tire Yankees-Ath-letics game at Yankee stadium, New York, drew 80,403. But one baseball crowd ever was larger—on Sept. 9. 1928, when 85,265 saw the Yankees and Athletics in a double-header. Foj- the second time within a week, the Chicago Cubs played to an overflow crowd at Wrigley field, with approximately 43,000 persons in attendance at the CubsCardinals game yesterday. The Yankees played to about 200,000. persons in their first five games at Yankee stadium. The ( Cubs attracted about 150,000 to their first six games at Wrigley ' field. , If these two teams —both formicl- ! able penmint contenders — should , get into the world series, all ( attendance records for the postseason classic certainly would go into eclipse. With another great pennant race in the offing, the National ■ league threatens to approach its . record of about 5.500,000 spectat.i ors, the most prosperous since the . | league was founded in 1876. J The Cubs are shooting for the ’ individual record of about 1,500,000, which they missed last year by , about 30,000 and in 1929 by about ’’ 15,000. The smallest crowd in the two majors yesterday was at St. Louis,

where lt),0t)0 saw the White Sox ! and Browns in action. Estimated figures for the eight games yesterday follow: American League: At New York. 80.403, (official); I at Cleveland, 20,000; at Washington, 18,000; at St. Louis, 10,000. Total. 128,403. National League: At Chicago, 43,000; at Boston, i 30,000; at Brooklyn. 26,000; at Cincinnati, 14,000. Total, 113,000. Weather conditions have played a prominent part in attracting the customers as only one game has

been postponed since opening day. ■ The CardinaJs-Rerls game at CinI cinnati Friday* was rained out. 0 Former Champs Will Judge Boxing Tourney Chicago, April 20 —(UP)— Jack Dempsey and George Carpentier, principals in the first of the late Tex Rickard’s $1,000,000 boxing enterprises .have consented to officiate as Judges at the international amateur bouts between the United States and France at Soldier Field May 12. Before he left for Reno, Nev, Dempsey promised the Chicago Tribune, which is staging the international competition, that he would return here to officiate. The bouts have been transferred from the Chicago stadium, world’s biggest indoor arena, to soldier field because of the unprecedented demand for tickets. Only 21, 000 tickets will be sold in advance. On the night of the bouts 100.000 tickets will be placed on sale at 50 cents each. The American team is composed of six Chicago boys and two New , Yorkers. i Siamese King Brings Greetings To America Minot, N. I).. April 20. — (U.R> — King Prajadbipok today issued the following statement to the American people: “To come from Siam to the border of the United States and to ap proach the home of a friend whpre seven years ago the queen and I spent many happy weeks, 1 bring back a cordial : ..-collection of the courtesies shown to us on that occasion and 1 look forward to renewing association th,en formed, as well as to availing myself of the skill of your surgeons whose mastery of medical science is renowned throughout the world. We have sensed the underlying sympathy that has Characterized the feelings of the people of this republic toward my 'Country and at this threshold I would voice the reciprocal good will of the Siamese na- - tion." ,

NEW TRIAL IS GRANTED HERE; NEW PRECEDENT (CONTINUED FROM PAtyi ONE) lows: t “This motion for new trial in (Used* upon 73 written reasons, the only one reason presented in argument by counsel, seriously, is No. 73, and is to the effect that the Court erred in giving to the Jury.. Instruction No. 6 of his own motion: The law authorizing this instruction is Act of 1929, at page 24. CIVIL PROCEDURE-Discharge of the Jury. Section No. 1. Be it enacted by the general assembly of the State ; of Indiana, That section 385 of the | above entitled act be amended to read as follows: Section 385. The jury may be discharged by the court, on account of the sickness of a juror, or other accident or calamity requiring the discharge, or by consent of lAith parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing: Provided, That when it satisfatorily appears to the court that there is no probability of all members of the jury agreeing upon a verdict, the court may, upon its own motion, or upon the motion of either party, cause the jury to be conducted into court where tho | court may instruct the jury that when five-sixths or more of the jury have agreed upon a verdict, it must be reduced to writing, signed by the foreman, and returned into court; the foreman shall deliver the verdict, and either party may poll the jury. If more than two members of the jury dissent they shall again be sent out to deliberate." The only argument against this instruction is that tlie Act is unconstitutional which authorizes the giving of such an instruction as No. 6. When 1 gave this Instruction. I was thoroughly convinced . that all of said jurors could not agree upon a verdict; they had been deliberating more than twenty hours and the foreman and each member of the jury had expressed Ills opinion that all twelve of the jurors could not agree upon a verdict, so I am of the opinion that the Court did not abuse his discretion in the giving of this Instruction; therefore, the only question in this regard is the constitutionality of this Law so passed in 1929. There has been no expression of the Supreme Court of Indiana, on this question; we must, therefore. look to the authorities in other States, or use our own judgment.

The plaintiff, has cited the case if Rhoades vs. Mattox, 135 Indiana. page 372; the only question decided in that is wlietheT or not a judgment rendered in a Justice of the Peace Court in a civil action on a verdict of twelve jurors in-| stead of six as provided by statutes governing the practice ‘in that I Cour’ is valid; the Supreme Court by Judge McCabe, holds that it is a valid judgment. Plaintiff, also cites 16th R.C.L., Page 223, and it is there we find a fairly full discussion of the question involved here: “Secti n No. 39, CIVIL CASES. —In considering the question as to the right of a defendant in a civil case to waive a full jury of tw’elve persons, the distinction must be regarded between such civil cases as are within the scope of the constitutional guaranty, on the one hand, and those cases, on the other, not so protected. In cases where at common law juries were not a part of the machinery of tribunals, such, for example, as justices and inferior courts, or where juries were not required according to the course of the common law, it is clear that the legislature has plenary power to provide for a jury trial »by any number of persons, alter the common law rule as to unanimity (since it is not here applicable) and, if it sees fit, make subsequent changes in these respects, or altogether dispense with jury ti 'als in such cases or before such inferior tribunals. Moreover, if litigants could waive in civil trials at common law and under the constitution (his unanimity of I verdict, then it is not to be regarded as one of the requisites, which must be preserved in order' to preserve a jury trial in civil nbtibns. In view of this principle; it is apparent that a statute pro- ’ viding for a jury of six in cases of, summary process is valid, since the right to a jury does not, as a general rule, exist in a constitutional sense in such cases. Under some statutes and constitutional provisions the right to waive trial by a common law jury is upheld, the distinction being drawn between criminal actions and civil suits, on the ground that civil suits relate to and affect, as to the parties against whom they are I ought, only individual rights which are within their individual control, and which they may part with at their pleasure. But it has been held tliat unanimity, as one of the peculiar and essential features of trial by jury at common law and of the constitutional right of trial by jury, is violated by a statute authorizing a verdict by the concurrence of a majority of the jurors." The principle enunciated here, has been extended by Courts of

many states to not only those I cases in which a trial by jury was I secureil 'tyafore their constitution I was adopted, hut to those cases of > like kind, arising afterwards. Here we find a general rule as to the] rights of legislative bodies to provide for a verdict by less than twelve; the following language is used: Section 40.—LEGISLATIVE OONTROL—"The control of the legislature over the number of j jurors requisite to form a legal I verdict depends not. only on constitutional provisions but also on (ho question whether the right to a trial by jury of twelve men in the particular case existed at the I date of the adoption of the state constitution. The general doctrine i seems to be that, if the case Is one in which the defendant had at the , time of the adoption of the state constitution a legal right to (be I tried by a common law jury of] twelve men, then the legislature I cannot by any legislative enact-' , ment interfere with or abridge the right which was fully secured to him by the common law at the time of the approval of the state constitution, and which right was further guaranteed to him by such constitution. If, on the other hand, the right to a trial by a common la* jury of twelve men was not so secured to him, and did not exist at the time the state constitution was adopted, then it is I within the power of the state legislature to control and make proI visions for regulating the trial by 1 jury in such cases, and any statutes or enactments dealing with the number and agreement of jurors in such cases will be upheld.” The rignt according to the course of the common law was guaranteed to the people of the northwest territory by Article] Two of the Ordinance of July 13, 1787, which reads as follows: "The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus and of the trial by jury.” In fact, a trial by jury in our | case was not given by our consti- | tution, or by any other constitui tional authority of our state or of our Nation: it has existed for centuries, and it was brought here from Europe by our fore-fathers, i and the constitution of the United States and the constitutions of the various states only made that right i secure; the language of our own ! i < ontsitution does that, for it reads thus: “In all civil cases the right of trial by jury shall remain inviolate;” that is the language ( used in most state constitutions; some even say, ‘‘the right of trial by Jury as heretofore used shall ! i remain inviolate." The Courts have universally held that the right of a trial by jury shall be

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free and without restriction; the Courts of several states have declared laws unconstitutional which require the litigants to pay into court certain sums of money be-1 fore they are entitled to have a | jury's verdict received, to be void. No. 32, A. L. R. Page 866 Ohio, Miller vs. Eagle, (1917117, N. E. Page 23). Illinois 92 N. & Page 285. New York 107, Page 725. Since litigants tire entitled to a trial by jury, it might be well to reflect on the meaning of the word "Jury." In all state courts that have decided this question, so far as I can find, the No. 12 has been ] accetped as the legal number. Ala. 88th, A. L. A. Page 212. Calif. Poe vs. O’Neal, 48. page 256. Illinois, Bibel vs. Peo, No. 67, page 172. Indiana, Flatter vs State, No. 182, page 514. Indiana, Brown vs. Gates i No. 16, page 496. Arizona, Arkansas, lowa, Kansas, Kentucky, Massachusetts, Michigan, Minn., Miss., Missouri, | Mont., Nev., N. H.. N. J-.. N. M., N. Car., Oklahoma, Ohio Pa.. 8. Car., Tenn., Texas, Utah. Vermont, Washington, W. Va., Wisconsin and Wyo. Many of •these cases above referred to are civil cases. When a constitution preserves the right of trial by jury inviolate, the legislature cannot change the number of j jurors in'ejther civil or criminal cases. Thompson on Juries, Section No. 10. Henry vs Railroad Company, No. 35 Mo. Page 408. Allen vs State No. 51 Ga. Page 264. It has been held that the states I may. in (their own constitutions ■ ' dispense with trial by jury, both 1 in civil and criminal cases, or pro 1 vide that a jury may consist of . Maxwell vs Dow No. 176, U. S. page 581. Missouri vs Louis No. 101 U. S. page 22. 92 U.S. page 90. In some states the law authorizes a verdict by less than twelve. Under the laws of Ohio, in a civil case, nine of a jury may render a verdict; but before may amendment of the constitution, which reads as follows, “The right of a trial by jury shall be Inviolate”; and while this provision was in force, the Supreme Court of Ohio held that a jury's verdict must be unanimous. 90th Ohio State, pages 265-270. After this decision the State of Ohio amended their constitution by adding an exception which made their constitution read as follows: "The right of trial by jury shall ih inviolate, except that in civil cases laws may be passed to authorize the rendering of a verdict by a concurrence of not less than three-fourths of the

jury." This amendment was adopted by a referendum vote in that | state in 1912; the vote for adop-, tion was 345,686, and against the] adoption 203,953. For 50 years a] similar change has been advocated in Indiana. Until the constitution of Indi-] ana is amended authorizing a verdict in any Court of Record by a jury of less than twelve, I am of the opinion that the legislature of this State cannot psas a valid law providing that jurors in mutters In which litigants had the right of trial by jury when the constitution was adopted, as in the instant ease, may rentier a verdict unless all twelve members concur therein. I am therefore, of the opinion that the law of 1929, for the reason stated herein, contravenes the provisions of the constitution end is unconstitutional and void. I am further of the opinion that the Court erred in -giving to the jury in tins case Instruction No. 6. of lih own motion, and for that reason, and tliat reason alone, the verdict in this cast is set aside, and the judgment rendered thereon is vacated and made of no avail whatever, and a new trial of said cause is ordered. In granting tills new trial, I take the full responsibility for the error and I place the plaintiff in no worse position than he would have l:pen, had I not given the Instruction . No. 6, and discharged the jury nftcr twenty hours of deliberation without reaching a verdict.” o ARRIVALS I Mr. and Mrs. Owen Strieby of Syracuse are the parents of a girl ‘bnby born April 16, 1931. The baby I has been named Patricia Eileen. iThis is the second child in the family and the first girl. Mrs. Strieby was formerly Miss Goldia Johnston of this. city.

Community Auction Sale / Decatur, Indiana SATURDAY, April 25, at 10:00 a.m. Car load of North Dakota Horses. 15 head of Native Horses; 25 head of Cattle; 100 head of Hogs; Sheep; Poultry. Horse Collars; Pads; New Harners; New Poultry Equipment; Farm Machinery; Soy ‘ i Beans; Household Goods; and many articles too numerous td mention 1 If you have any thing that yon wish to turn into cash bring it to 1 this sale where you have the advantage of a large crowd ot buyers, s Free prizes. I DECATUR COMMUNITY SALE i i Roy Johnson, auctioners. ; ' ■■■ ~ " ■■■■—

PAGE THREE

MURDERS THREE CHILDREN THEN HANGS HIMSELF (CONTINUED FROM PAGE ONE) Oh, you are to blame for it.'* Mrs. Wainwright was taken into custody shortly after the bodies were found. Along with her, police held Harry Blanchard, alius Donohue, of Chicago. "lie did it.’’ Mrs. Wainwright told police when she was taken to the police station. She lit a cigarette, and talked calmly at firjst. "He did it. but he saved me >200” she said. "I was going to get. a divorce." After she had answered questions, Mrs. Wainwright fainted. Police, who were taken to the I house by a newspaperman who had teceived the tip that something appeared to lie wrong, found, the two girls, clad in their night garments, lying on a downstairs bed. The boy, nude,' lay on a davenport in the living room, while Wainwright was hanging in the hall, wearing pajamas. The children’s mouths were stain- . ed. Wainwright fed them sulphate of arsenic, a slow poison, police ’ said. He explained in one of his letters that lie had tried it on a i dog "a long time ago.” To make sure that Hie children were dead, Wainwright said he clubbed Rosalind and Richard, and then hanged them. , RHEUMATISM You can easily rid yourself of this painful tYouble, get a treatment of ; ItHtJM-GON. You must get well and 1 ! be completely satisfied or your monl, V I. ■ Sold by Callow & Koline.