Decatur Democrat, Volume 47, Number 41, Decatur, Adams County, 17 December 1903 — Page 1

AUl _ THE NEWS ALL THE TIME.

VOLUME XLVII.

THE OSBORNE

the jury selected and sworn YESTERDAY.

twelve chosen out of ninety-three called Joseph Osborne on Trial for Taking the Life of John Busenbark Last September. THE JURY. Theodore Beerbower, 48, Jefferson. 0. J. Suman, 42, St. Marys. Joseph L. Hook, 45, Blue Creek. J. D. Gault, 50, Kirkland. George Keller, 51, Root. Jesse Roe, 75, St. Marys. James Duff, 47, Jefferson. Ernst Doehrman, 26, Preble. George Ruckman, 48, Root, Samuel Shell, 59, Kirkland. Vernon Pontius, 23, Geneva. Daniel Kitson, 58, Decatur. Joseph Osborne is on trial for the murder of his father in law, John Busenbark, the case having been called at 9:10 o'clock Monday. A few moments before, Prisoner Osborne was brought into court by Deputy Dallas Butler. The man charged with the most serious of crimes looks worn and worried and no expert is required to discern that he is uneasy over the result of his awful crime. He is nervous, his hands jerking convulsively anil his jaw is set in a firm manner. A few moments after entering the, court room he was approached by his old friend Dan Amsden, ex-pros-ecuting attorney of Grant county and who will assist in his defense together with D. E. Smith and Judge Heller. The prosecution is represented by Prosecutor Moran, 0. J. Lutz and Earl B. Adams. There was some little business transacted before Judge Erwin *nd at 9:10 the jury was culled, the regualr pannel taking their place in the jury box. One place was vacant and Abraham E ugate was called'to fill the place, then Attorney Smith proceeded with the examination of the jurors as to their fit BBSS to sit in the case. At 9:25 Mrs. Osborne, wife of the defendant and daughter of the murdered man, Busenbark, appeared in court with W little son. They took seats in •he rear of the court room among ti'.o jurors and witnesses. She interested in the progress of the trial but made no effort to make herself prominent and few people knew she was present. Mrs. Osborne has every appearance of the lady, was well dressed and showed a motherly attention to her son, who watched the proceeding. ; with interest. During the time when the jury were questioned, Prisoner Osborne sat with his eyes upon the floor, only looking up "nee or twice and then when some | Question out of the ordinary was asked. He has a habit «f rubbing head or covering his eyes wijh kishand. The ordeal is difficult to undergo and it is feared the prisoner will break down completely fore the trial is over. aThe com t room was well filled and »i

tjBCATIIR

i probable that the attendance durI ing the trial will be quite large. Each side of the case is allowed > twenty peremptory charges, makI ing forty in all, while as many may :be excused for cause as may be I shown disqualified. JURORS CALLED. Abraham Fugate—Washington township, seventy years old, has an i opinion as to guilt or innocence of j defendant, poor hearing, eyesight and health in general. Excused for cause by defense. Jesse Swartz—Root township, has heard of the case, has formed an opinion and answered yes to the following question asked by Mr. Moran,“Have you any conscientious opinion that would preclude you from affixing the death penally if the defendant was found guilty as charged.” was excused by the State. Henry H. Decker—Wabash township, don’t know parties to case, has opinion and objects to capital punishment. Excused by state. Jesse Watkins—St. Marys township, served by notice but has left the county. John Bogner—Root township, don’t know parties, has opinion, objects to capital punishment. Excused by state. Samuel Workinger—Root township, talked to witnesses, D. Clark I and Ira Rechards, has an opinion, | excuse by state for cause. Cassius M. Andrews—Washington I township, has no opinion, objects to capital punishment, excused for caused by State Reuben Beery—Kirkland townj ship, don’t know parties, has heard iof case, objects tocapital punishI ment. Excused for cause by state John Frank—Wabash town- | ship, read of murder, has no opinion, but is prejudicial against capil tai punishment, challenged for j cause by state John Cook—Wabash township, don t know parties, read of case, has no opinion, has talked of case, I objects to capital punishment. Excused by state. Bert Wolf-Root township, heard of case, talked about it, has opinion but could render true verdict, has 'opinion against insanity defense, ' challenged for cause by defense. William Koldeway—Preble tp, heard of case, has opinion, could render true verdict prejudicial against plea of insanity, challenged i by defense for cause. i At 11:55 court adjourned for dini net and the jurymen then in the ■ chairs were not allowed to separate, but were sent to dinner in a body ! and immediately returned to the i court house. AFTERNOON SESSION. j At 1:30 o’clock the jurymen who I were in the box at noon filed into their places and the work of securing a jury was resumed. The prisoner was in his place and by his side sat bis aged father, John Osborne, an old gray haired man. whose face shows the worry over his son’s position, with him also was a brother of the defendant, Frank Osborne and a sister. Mrs. Toll, all from ; Grant county. Chritsian Beers—Monroe township heard of case. has no opinion, can’t undertsand English very well, I prejudiced against plea of insanity , 'excused by defense for cause R >[ Buffenbarger—Monroe ■ township, heard of case, formed and expressed opinion, opposed to capital punishment. co> render fair -•erdict. Evhsed for cause W Orlando Marys

MURDER TRIAL

BEVAU R. im. UiURSDAY, DECEMBER 17, 1903.

township, heard of case, has read of it, don't take any pipers. Was challenged peremptorily by defense. John Smitley—Jefferson township read and heard of case, formed opinion, has none now, opposed to capital punishment, excused for cause by state. William Farlow—Wabash, has heard of case, has no opinion, was excused premptorily by state. Jacob Klopfenstein—Monroe township, read and heard of case, opposed to capital punishment. Excused for cause by state. Deitrick Bunch—Preble township, read of case, has no opinion, but expected defendent was guilty of something, excused by defense for cause. Harvey Miller—Union township, heard of case, formed and expressed an opinion, is prejudiced against a plea of insanity, excused by de--1 sense for cause. Charles Hart—Union township, | heard of case,h is no opinion, excused peremptorily by State. William Custer—-St. Marys township has heard and read of case,

/ ■' < \ / ' • wwsak w* 4 ■‘*K 'a X dsSSf RICHARD K. ERWIN. Judge of the Twenty-sixth Jn-liei <1 Ciu-iiit. who is presiding at the Osborne murder trial now in progress.

has no opinion, challenged peremptorily by defense. George Gay—St. Marys township has no opinion, read of crime, don t take any county paper. Challenged peremptorily by defense. Warren J. Case—St. Marys, ; heard and read of case, challenged peremptorily by state. J, J. Hofer—Monroe, hoard of case, don’t take county paper, was excused peremptorily by defense. Janies Foreman —Blue Creek townhsip, heard and read of ease, excused peremptorily by state. John Schindler—Hartford township, was excused on account of poor health by agreement. Perrv Carter —Jefferson township, heard of, excused peremptorly by State. At 3:30 no jury had been secured, forty one men had been examined, three are not present or excused, . leaving only thirteen men of the special and regular panel of fifty-, seven men. Another venire may be necessary. The special call for twenty five, more jurymen in the Osborne case caused Sheriff Butler to move rapidly during the greater port of Tuesday: night as the special venire included men from every corner of Adams county. He was asisted by deputies' Dallas and Jesse Butler. Eli Meyers and Charley Brown of Berne and |

they drove until nearly morning. A. J. Byrd, one of the original forty five specials and who was reported too sick toleavo home yesterday came in this morning. Uncle Andy is old and quite feeble and though he has been sick during the fall and is even now far from good health he showed his loyalty to duty by appearing and asking Judge Erwin to excuse him which he promptly did. At precisely nine o’clock Judge Erwin took his seat and ordered Sheriff Butler to call the jury, and the eleven men who were in the box last evening | took their seats. It was then notioled that Prisoner Osborne was not in court and business was suspend|ed a few moments until he should I arrive. Deputy Dallas Butler I brought him in at 9:10 and the work of empanelling a jury was I again taken up. The jurymen j chosen yesterday were kept togeth- [ er, in charge of O. N. Tyndll, who ((’ ntinued on page 4. (bird column.) I Rev. Earl B. Parker has been tendered the M. E. pastorate at Orland, Indiana, and will probably accept the charge. He has been an assistant in Chicago for some | time and is a well qualified young I minister. He was married to Miss ' Genevieve Hale of this city a few ' months ago. Orland is a town Os about 600 located in Steuben county in the north p irt of the state and the charge is a good one for a young minister.

The city council have came to the relief of the business men by ordering the city electrician Martin J. Mylott, to establish a day electric light current. This action was unanimous, with one ccxeption. and the Democrat believes it was the right and the business thing to do. The past few weeks have been disastrous ones for nearly over.v num in business. The nays have been dark and more light has been in demand from nearly every quarter. A petition was circulated and every business man affixed his signature with eagerness not only signified willingness but wanted the light and as the fellow says he wanted it most infernally bad. Many of them were on the verge of establishing an independent lighting system, which eventually would prove disadvantageous to the future and prosperity of the municipal plant. A day current will end all such disturbances. It will keep the business men from having to shoulder these additional investments and sustaining them, and at the same time it will prove p- fiffiMe t > the city to furnish the light. It will perhaps [ take a week to shape the machinery and systematize the workat the str.tion preparatory to establishing; this additional day current but in the meantime a later morning service and an earlier afternoon service will be maintained.

Attorney Dore B. Erwin went to Pulaski euunty, Ind., Tuesday where he will assist in the trial of a big law suit in which the title to some very valuable land is in question. Mr. Erwin will represent some Adams county citizens who have an interest in the property. The trial of the case will occupy several days. Thomas Shannon, the demented man found living in a hut of bark in a big woods south of the Normal college two weeks ago, was officially declared insane today. An inquest to determine his insanity was held this morning by a commission composed of.Drs. M. J. Lewis and O. W. Mcßuown and Justice Weesner. Shannon is recommended as a fit subject of treatment at an insane asylum- Nothing further has been learned as to where Shannon came from and there is much of mystery about him. Shannon says he was worked in the timber camps of Michigan, north of Detroit, but cannot remember the names of any of the towns he has visited, or of any person he has met. He says he knows of no friends. He gives a nickname to every person he sees and does not know them, by their real names. The police, have made fruitless attempts to jqcate any friends or relatives that Shannon might have.— Marion Leader. We have never heard of but one Tom Shannon and the probabilities are that this is the Geneva’ man whose police record is well- known in Adams county. •:< The Board of State Charities has received from the attorney general’s department an opinion on the rights of township trustees to aid poor families in .the burial of their dead. The question was raised by Trustee Schir.rqeyer, of Wayne township, Allen county, who wrote to Secretary Butler. The following I query was , sent, to the attorney 'general: ‘.‘Do. t]ie provisions of ■ the law providing for the promotion of anatomical science and to prevent the desecration of graves, passed by the Legislature of 1903,prohibit the township trustee from aiding a p.Yor family in the burial of its dead.” In replying the attorney general quotes, from Section 2 of the ■ act. '“By the provisions of this section,the attorney general says, “the officer is required to deliver such body"to said anatojmeal board; two conditions must exist. First, he must be in possession of the body ; second 1 it must be a body unclaimed by either relatives or personal representatives for a period of twenty-four hours. If either of said conditions is absent such officer is not authorized to deliver such body to said anatomical board. The fact that a body belongs to a poor family and must be buried at public expense is not sufficient to authorize the officer to deliver the body to the anatomical board or refuse to aid in the'burial thereof."

I I * ■•• • :i .*»•'■ """'*■ JI Jr' '■ ■ ■*7 ' > Ik ; ' ! ..'i..W£ 4jf& tt I W ■■* * <*■ • ' it- A : - \ wWfffagw* ’. * - .>- > ’ / i • 0 /' • ; ? . *' ' k ■■■-& ■ r. w -x ■.; ft. :«<"« -W® 5 ■ •% ... , g JoIePH OSBOkWE .On tii il for liiw lif.v^'in/ nr.:rJ"i in/John Busoubark bit ptember ‘•■th,

. CIRCULATION 2800 WEEKLY

NUMBER 41

Are you looking for a present for a maiden? Here is a list of dollar gifts that are most appropriate. May be you can find the very thing you want: A book, gold thimble, seal card case, substantial dog whip, dainty desk calendar, imitation Irish crochet collar, pretty open '’ ’ work lisle stockings, four pairs of cuffs or half dozen collars, warm, long sleeved ribbed corset cover, a ' ’ rich satin rose mounted on a hair pin, prettily spangled gauze fan—carefully chosen, dainty box of her powder and puff, mistletoe headed hatpin, with pearl berries, a pretty marker for her prayer book, silverwhistle charm—in case of trouble, ' • gum metal charm, concealing a “ mirror, an eracei to match her desk things, a pair of lace party gloves, a very good pair of kid gloves, a dainty little pearl penholder, heart • shaped locket in silver, sterling brooch for chatelaine, pretty pair of sterling cuff pins, silver brooch in colored enamel, hatpin with turquois setting, pretty glove mending set, a handsome bunch of violets, a very pretty silver belt. The city council met in regular monthly session Tuesday evening, with every member of the connci . and the mayor present. Bills were allowed to Frank Gessinger $2, , Smith Yager & talk $31.65. Henry Mayer brick $23.81, G R. & 1.,... freight $92.72, J. B. Buhler labor $1.50, W. G. Spencer, supplies , , $3.50, Citizens Telephone Co., $4.55,. John Lenhart labor $5, Krick Tyn dall Co., title and brick $16.38, Fort , | Wayne Oil Supply Co., $10.64, ■Peter Kircsh labor and material I $6.30, fl. Buthoff labor $3, Monarch Electric Supply Co., $199.54 D. F. Teeple drayage $7.18, John C >ffee street work $3.48, l>. C.Helt* for fire at McNabb’s and Fronfields $34, E. Cutting labor $lB, Fort Wayne Oil and Supply Co , $13.03, Knapp Supply Co., $16.89, Sunday Creek Coal Co., 146.90, Upstall sup plies $125.47, Cistner Cumin Bui lett, supplies is $29.30, Electric Electric Light employees salary for Decmber $l6O, A. E. Rose fifty cents. A resolution was adepted [authorizing the city attorney to col- } loot all unpaid electric light rentals, instituting suit where necessary. The report of commissioners on as- ! sessments of Marshal street sewer land branches was filed. The reports [ were also made on the Myers, Er win. Miller and Monroe street sewers, and the council set Tuesday, Dececmber 29, as the time to modify or confirm sai l assessments. On motion the time for building the F rurth street side walks, was extended to June, 1 1904. The petition for a day electric light, current was taken up and discussed, and liter pissed all voting in favor of it, except C mncilman Teeple. It wis ordered established as soon as the city electrician could arrang.’ for it. Tuere being no further business the council adjourned.