Decatur Democrat, Volume 41, Number 2, Decatur, Adams County, 25 March 1897 — Page 1

■r—Record The Decatur Democrat.

OLUME XLI.

VERDICT FOR PLAINTIFF. THE FAMftUS BOLDS CASE TERM- ? im. he Jury Favors The Plaintiff With a $600.00 Judgment—Review Os The Trial. The long drawn out trial, of which our people are more or less familiar, being entitled state ex rel Noah Mangold vs D P. Bolds, treasurer, is ended. The case was one of two suits filed by Prosecutor Smith at the January terns of court, this year. The complaint was written in two paragraphs, the first alleging forgery in the raising, changing or alteration of certain road receipts, by the defendant or by his direction. The second paragraph alleged negligence of duty and carelessness of the defendant in accepting road receipts for amounts in excess of what they should have been. Damages in the sum of 11,300 was asked. To Ae two paragraphs of the comMhit, Attorneys France & Merryman and R. S. Peterson for the de fendant, set up a general denial. After a few preliminary motions had been disposed of, the case was set down and the trial began on February 16. The trial from be ginning to ending was slow and tedious. Every road supervisor in the county was a witness and was taken through their official busi-ne-s during the two years, 1893 4. Besides these, many taxpayers, farmers, business men, the township trustees and experts testified and were cross examined. Many of them were on the stand for more than a ha f day, while several hours was nothing unusual. Everything that was thought to throw any light on any particular part of the many transactions, was gone into and turned updde down. The receipts were all in evidence, air I in themselves told different tales. Some of them had been raised or altered, while others, showing no ear marks of alterations whatever, was issued for amounts in excels of what they should have been. While at it, we will explain the system in fogue, and how the road receipts originate. The county auditor makes out the duplicites from which taxes of all kinds are The duplicates are made from the as essme <t sheets, which are made ont by the assessor and signed by every taxpayer in the county. From the duplicate the auditor also makes a list of landowners who are entitled to work out land tax. This list is furnished the township trustees and contains the names of all taxpayers who are entitled to the privilege of working out land tax, and the amount The trustee then makes out a list for each road district in his township and places them in the hands of the supervisors. The supervisor takes his list, notifies the land owners to work the roads, wherever he may direct, upon a certain day. After the work is done the supervisor gives the landowner a receipt* f r the amoiftat called for by the list furnished him by the trustee. Right here we want to say that while every supervisor has been honest in dealing with the public in his small office, yet many of them have been careless in the making out of receipts, thus throwing themselves open to criticism. Many of the receipts bear no date, have no amount written out, and are otherwise carelessly itfsued. After these road receipts are given the land-owner je presents them to the county ireasurer when he pays his taxes and is allowed the amount the receipt calls for on his taxes. The iteasurer then registers them in a look, giving the name and amount of each receipt. When the treasurer settles with the board, of commissioners, he presents the receipts and register, and is allowed for them the amount they totalize. They are then filed in the auditor’s office. Thus you can see the routine through which a read receipt travels. have finished then?*work, they re port back to th&tulstee the amount of money worked out. The trustee goes to the treasurer and draws the difference between the amounts of those receipts and the total sum of money alloted his township for

road purposes. This was what revealed the fact that a shortage existed. Some of the trustees were dissatisfied with the amount of money allowed them, and they began to look into the matter. Thea the attention of the commissioners was called to it, and they at once appointed a committee to investigate, and our readers will all remember the report they made, which was published in the Democrat in its issue of September 3, 1896. Alter the report was made to the commissioners, they instruc ted the auditor to issue warrants to the trustees for the amounts specified. They each and every one made personal demand for the amount of money’ due them, which was refused, the treasurer telling them that the fund upon which the warrants were drawn, was exhausted. Then the commissioners instructed the prosecuting attorney, at that time Paul G. Hooper, to bring suit in the circuit court for the recovery of the money. It won’t be wrong to here state that Hooper was at that time too busy in the campaign, howling corruption in county affairs, to bring the suit as ordered, and didn’t do so until four days before the election, and after being severely grubbed bv the Democrat, for his incon sistencv. After the election, our new prosecutor, David E. Smith, immediately prepared the complaints and filed them with the clerk of court on the first day of the January term of court. The defendant and council didn’t ask for delay bnt was ready for trial when the case was called. This disposition on the part of the defendant is worthy of notice. At no time did he wish postponement, but on the other hand, wanted the case to come to trial. It was hotly contested from beginning to ending, the legal talent arrayed on both sides doing their utmost to come out victorious. In all, two bun dred and forty-two witnesses were examined. Every legal p int was argued, all of which with the arguments consumed about twenty four actual days court. ’ 1 It was twentynine days since the trial began. The jury was composed of Henry Kohne, Dock Grandstaff, George Brown, Jacob Abnet, William D. Hoffman, William Worden, E. H Cowan, Henry Knapp, Galhgher Mallonee, Adam Brown, William H. Wisner and Louis Weber. They stood the ordeal like that many pitriots, and listened withattention to all testimony that would in any way enlighten and aid them m doing justice to their sworn duty and to those whose interests were at stake. All the testimony was concluded Friday at noon. Saturday morning the arguments began, Henry Colerick, the noted Fort Wayne lawyer, opening for the prosecution. He was followed by John T. France, who reviewed the case in his usual brilliant and masterly style and manner. Lewis C. Devoss then spoke for an hour and a quarter, he being followed by R. S. Peterson for the defense. Prosecutor Smith closed the arguments with a forcible plea for a verdict for the plaintiff. An adjournment for supper was then taken, and at 7:15 the court began giving the jurors their final in structions. Among other things he told them that under the first paragraph of the comp’aint they must find the defendant guilty of forgery. Under the second, however, if they found by a preponderance of the evidence that the defendant changed or altered any of the receipts, or if any one in his employ changed or altered them, or if any of them were issued for sums in excess of what they should have been and were accepted by the defendant and so credited on his account, he was liable for the difference between what the receipts were and what they should have been. Under this instruction it was evident that they could do nothing but render a judgment for the plaintiff, even if otherwise inclined. They retired to the jury room at eight o’clock and at nine o’clock Sunday morning announced to the court that they had agreed on a verdict. The court received it, and when the little piece of paper was handed Judge Heller, he read: “We the jury find for the plaintiff and we asset's the plaintiff’s damages at the sum of S6OO • E. H. Foreman.” No one was surprised at a verdict fayorjng the plaintiff, but as to the amount of the judgment there were many conjectures. The amount of the judgment returned w»s all or more than was proven in

DECATUR. INDIANA, THURSDAY. MARCH 25. 1897.

the case. We think it is due the defendant to s-y that we inter I viewed several of the jurors after the case was decided, and they said it was the unanimouns opinion and belief of the jury that Mr. Bolds had nothing whatever to do with the alteration and changing of any road receipts, and knew nothing about it being done until it was made public last August The court and attorneys in the case met Monday morning, and by request of the attorneys for the defendant, the court suspended action upon the judgment until the first day of the April term of court, the same being April 12. Atlhis time a motion for a new trial will be argued, and other maters relative to the immediate interests of the case, wil I be disposed of. Rev. and Mrs. E. T. Gregg left Tuesday for Kokomo where they will attend the conference. No services wi'l be held next Sunday. Clerk Lenhart issued marriage icenses during the past week to A'fred S Dulin and Amanda M. Johnson, John W. Lusk and Anna M. Lee, Jasper V. Pace and Julia A. Louis. Five teamsters in the employ of Simon Wei nd, were arrested at Berne last Friday for hauling too heavy loads over the gravel roads near that town Their trials will be held sometime this week. The statute provides for this offense, and it is punishable by a fine. John Henry Bremerkamp is now 10-ated in the grocery department of the Niblick Company store, where he will watt on their many customers in his old time courteous manner. John knows the ins and outs of the grocery business, and in himself will command a good patronage. Marshal Emil Franz of Berne, brought three hoboe* to the city last Friday and had them confined in the county jail. They are charged with robbing hen roosts between Berne and Ceylon. David Hirschy was the heaviest loser, and the men werecrptured while feasting on the stolen fowls. They were taken to Berne and arraigned before a justice of the peace who bound them over to die circuit court. They are now languishing in the county jail. The Citizens TelephtWie Co. of this city, and the Van Wert Telephone Co., have made arrange rnent-* to build a line the c ming summer, from Van Wert to this city via Willshire. Thismovewill t/ive our citizens a chance to communicate with a large number of Ohio points, an opportunity our people have long desired. In ad dition to this, improvements willbe made on the lines already built, with a view of improving the telephone service for its many patrons.

At the Methodist chnrch last Sunday morning its membership had under consideration the subject of making an effort for the holding and entertaining of the next conference in this city. It was unani mously agreed that an effort would be made and Messrs. James T. Merryman and A. R. Bell were appointed a committee whose duty it will be to attend the session of conference at Kokomo, and assist Rev. Gregg in the campaign now on. At that time when the handsome new church will be completed it will be no trouble in taking care of the large number of visitors who will be present. > For some time word has gone out the that the Clover Leaf had the removal of its shops form Delphos under contemplation and that it expects to move them soon. This action on the part of the Cloyer Leaf has been inspired by the action of the city government of Delphos which has compelled the railroad to build sidewalks, crossings and make other repairs to property belonging to the municipality. To even matters up the Clover Leaf threatens to remove the shops, employing seventy men, if they are not let alone. The statehient may be a bluff pure and simple on the part of the railroad, but Decatur doesn’t think so. A movement is on foot tb raise enough money to locate the foundry and shops there, securing a valuable industry and at the same time allowing the Clover Leaf to vent its spite against Delphos.—Bluffton Chronicle. Come neighbor, don’t getjealous; we are not to blame because of our favorable location for division, shops, &c.

O. L. Waitersand John Meyers have accepted positions with Kern, Brittson & Beeler, the former goes in the shoe department and the' latter in the clothing department. The Presbyterian members will give some kind of a highly cultured musical entertainment at some time not far distant. They are already preparing for the big event. Water was shut off in the line on Monroe street, between Second and Third, last Tuesday. While putting in a tap, the plumbers got fastened in the pipe and the water was shut off to give them an opportunity to work. x Two new circuit court cases have been filed in this week for the April term of court. They are Maggie Milier vs CharlesGiesler et al., petition for partiou, Peter Habegger vs Christiana Gillespie et al, to reform deed and quiet title. Mr. and Mrs. R. B. Allison returned from Braidentown, Florida, Sunday night after a three mouths visit at that popular winter resort. The Major and his estimable wife greatly enjoyed their trip, and de rived much benefit from their southern trip. The assessors of the county will meet Couny Assessor Crist at the auditor’s office on the firs' day of April, to receive their final instructions relative <o the work of assess ing this spring. Many new du ies devolves upon »hem, and it s ands 'hern in hand to be ported thoroughly upon their duties and work involved. The spring payment of taxes has begun. The last legislature extended the time fur such payment until the first Monday in May but the law contained no emergency clause and will not be in effect until after the laws are printed and promulgated by the governor. It will be the safer way to pay them under the old law and then you will know you are on the right side. * The Indiana Music Teacher’s Association will hold its annual meeting ht Connersville June 22 to 25. The convention will be a treat to all music lovers who take advantage of it. A seres of artist’s recitals will be given in connection with the program of lectures and discussions and - both attractions will undoubtedly be of the highest order. A number of our Adams county musicians ought to arrange to be present.

Prospects are bright for the opening of a new oil field east of Geneva. Monday afternoon the well at Jay City was shot making a good showing, and subsequent reports show that the well will be a light producer. The same com pany will drill a well southwest of Jay City on the Curts farm. Sam Shugart has a location for a well on Gus Kranor’s farm one-half mile north of Jay City. A part of the material for drilling is on the ground. Mr. Burford has located his new well on John Kranor’s farm, two miles southeast of Gene va. It is expected that this well will be comn'eted within a month, if the roads are good enough to permit hauling.—Geneva Herald.

The many friends of the late Will El Coletick, have been anxiously waiting/for the complete recovery of his fijancee, Mae Hall, in hopes that she would be able to throw some light on the terrible tragedy. -The fact of Colerick’s death has been kept from the young lady until she was strong enough to stand the shock, which the information would certainly bring. During her stay in the hospital, she frequently asked for hdr lover, little dreaming that he was dead. On last Friday she was removed to the home of Prof. Lane, and for the first time, informed of his death. She was then questioned .as to what occurred on that fatal night, bnt does not remember anything except that she went home, found a letter from her lover and then dropped into a chair and while reading became unconscious. She could not recall anything further that happened that night. On Sunday afternoon she made the same state tnents to the coroner in the presence of relatives and friends, and the hopes entertained by friends that she would be able to throw some light on the affair are blasted, and the secret of Colerick’s death will probably forever remain a mystery. Coroner Kappel will render his verdict the latter part of this week.

William Hoagland has just recovered from a seven weeks’ siege with lagrippe, which came mighty near proving fatal. Mr. Hoagland is one of our pioneer residents and has oceans of friends who rejoice with him over his recovery. The Ladies Cecillian Club met with Mrs L G. Ellingham Tuesday afternoon, it being their annual meeting and election of officers Mrs. R. K. Allison was selected for president, Mrs. Jeff Bryson secre tary, and Mrs. C. E. Doty, musical’ director. Joseph Huttinger of Holgate, Ohio, has purchased the Henry Stetler farm west of the city, an 1 will move his family here at once. The sa'e was made bv Schurger, Reed & Smith. Mr. Huttinger is a successful farmer anl an old time democrat. The brick alleys on the east side of Main street are in almost as bad condition as they were before the improvement was made. Unless the street commissioner turns his attention in that direction, the city council will have to appoint an investigating c mmittee to discover the whereabouts of the brick.

The commissioners will be in session today to consider the question of gravel road bonds and fix a day of sale. Providing the bonds can’t be sold, the contractors agree to take them at par. It is safe to sav, however, that a ready market will be found, and the contractors will be paid the cool, cold hard cash. Rumors are current that the city council are considering the advisability of bricking Monroe and Winchester s'reets the coming summer. If improvements are to be made, let them be made permanent, and brick is about the propercalbre. Property owners on both these streets havealredy paid for two s'reet improvements and these thoroughfares are still in poor condition. Property owners and city officials should work hind in hand in promoting improvements, and see that streets are built of the best material, and keep in mind the old adage, “a thing of beauty is a joy forever.” Poor baby Harrison has come jnto this world with a heavy responsibility to sustain in the way of relationship. First she is second cousin as well as aunt to baby McKee; secondly, sh° is consin as well as half sister to Russel Harrison and Mrs. McKee; third besides being the daughter of General Harrison, she is also his grand niece by ‘-marriage.’’ This latter being true, it naturally follows that the child is both niece and aunt to herself. All this is perfectly plain, of pour; e. but what troubles us is to determine the child’s proper share in the ownership of “grandfather’s hat.” Less obtruse questions than that have shaken whole continents with the thunders of war,.

The last legislature intended passing a law making the board of county commissioners in each county in the state, an auditing bear'd to audit the warrants of township trustees on the first Tuesday of each month, and after making such examination shall make a report to the circuit court. This seems to have been the intention of the law, but in reading the act, it provides “that the auditing board shall meet on the first Tue-day of the mouth following the passage of the act, which will be the first Tues day in April, and on the first Tues day in March each year thereafter, at the auditor’s office and organize by the of one of their numbers as president, who shall be the one having the shortest time to serve, and one of their number as secretary. They shall also meet at the same place and time, as now fixed by law and shall proceed to audit each and every warrant drawn by the several township trustees of the county, except tor the payment of teachers.” This makes the time of meeting of the board very uncertain, except as on the first Tuesday in March of each year. We are of the opinion that the monthly meetings would have been an expense from which no benefit would have been derived. The trustee has been severely criticised by the last legislature, and in many instances unjustly. If they publish their statements covering a year’s business, it will be sufficient and will explain the appropriations and expenditures of their various funds.

Will Wood, the young man who figured so prominently in the Jackson-Walling case, has enlisted in the U. S Navy. After a slmrt career of dissipation at Baltimore, he decides tn heron ea marine in the service of Uncle Sam. Todd & Todd is the name of the law firm at Bluffton that succeeds that well known firm of Wilson & Todd. The new member of the firm is N. K. Todd. His many friends in this city will be glad to know that he has been thus justly recognized in the j r session of law. Frank Smith, Mrs. Sallie Steele, Fannie Lapshire, Warren Dunfee M’fg Co., E. D Spaugh, Brown & Harrop, Dan Long, Harvey Gruger, Healthy Moore, Hervey Wagner, Henry Frazer, Charley White and Peter Sommers can have a letter by calling at the postoffice and making their wants known.

Beery & Rice shipped a car load of horses to Pittsburg Saturday evening. D. W. Beery followed on Sunday evening, arriving in time to look after the disposal of the stock. The horse market has opened up somewhat in this vicinity, while ’tis true that prices are not as high as they were years ago, yet cur buyers are paying fair prices, considering eastern markets. The costs in the case of state exrel Noah Mangold Auditor vs D. P. Bolds, treasurer, are somewhat large and juicy. The largest item is witness fees and mileage which amounts to $991.50, clerk’s fees $85.82, sheriff’s fees $385.20, which includes all the costs that will have to be borne by the defendant except the judgement, prosecutor fee and five per cent, allowed by law for collei ting it, amounting in all to $660. The jury fees and mileage amounts to $765.80, clerk’s per diem SSO, sheriff’s per diem SSO, coui t bailiff $37.50, Colerick & France attorneys approximated, $450, Lew C. Devoss $202. This foots a total cost of the suit, excepting attorney fees for the defense, of $4,352.30. The many friends here of Judge HE. I R. Wilson of Bluffton, learned i the intelligence of the Judge’s ’ death wi h sorrow. He died very suddenly Wednesday evening from the fatal effects of heart failure, 1 which was brought about by lagrippe He was sick som thing less than, a week, and a few hours before his death was thought to be recovering and out of danger. 1 Judge Wilson was a frequent visitor to this city, being interested in 1 several cases in court at the time of his death. The funeral services were held in the Methodist church ' in that city on Friday afternoon.

■Among the members .of the bar here and others wLo attended were Judge Stndabrker and wife, John T. France, J. T. Merryman, R. K. Erwin, David E. Smith, P. G. Hooper, L. C. DeVoss and P. P. Ashbaucher. It will soon be time for the assessors to assume the duties of their office. The last legislature made several new duties for them, and it stands them in hand to be in possession of all the new thus imposed. The Miami County'Sentinel says: “One of the new dpHss | devolving upon them is tfj&lsof collecting the dog tax direcr\and giving the owner a numbered receipt. Anyone failing to list and pay for a dog owned or harbored is liable to a fine of SIO.OO. The assors are required to ascertain who are carrying paid up life insurance and the amount of such insurance. Those that carry life insurance shall be required to state the surrender value of the pol cy, which amount will be assessed against them. There are a large number of paid up or cash-surrender policies carried in this state. Take t he endowment policies for instance. Most of these have a cash-surrend-er value. For example, if John Smith is carrying a fifteen-year endowment policy for $3,000 and has been paying premiums for ten years, his policy would represent a cash-surrender value of SI,OOO or $1,200. It will be the duty of the assessor to list this amount. Assessors will also be required to list the number of shares of running or partly paid up or prepaid building and loan stock. The prevailing opinion is that the new orders will be resisted, as building and loan association officers have all along contended that running stock cannqt be taxed. It will not be surprising if life insurance companies will resist the listing of paid-up or partly paid-up policies for taxation.” '

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