Decatur Democrat, Volume 47, Number 42, Decatur, Adams County, 24 December 1903 — Page 5

Osborpf? fn<ird<?r <;as<? (Continued from page 4.) And was allowed to be lowered by .1 udge Erwin. Answer 1 .••ft was bad.” Cross examined by ittorl1 ey Moran.' brought out the Ilt ct that < Isborne learned well in , tnc lies and , transacted considerable business, have called , n Osborne at jail and talked of the trouble, knows that Osorne wa g tried in Grant county court for assault and battery, with intent to kill and Lew MoCasky and that he was fined |SOO and sent to jail i {or six months, never heard of •rouble he had at a stone quarry. I’e-examined he said he took these facts into consideration when he said Osborne’s reputation was good. Knows Dore Langston, cousin of I l9Pi on mother’s side, he is at IndiI »na'iwl is ’ is in asylum for people of I unsound mind, he used to have fits, I these became more severe became I unmanageable, when 1 saw him I three years ago, was of unsound I mind, re-cross-examination witness I aid don’t know where Longston is lof my personal knowledge. Motion Ito strike out evidence as to this |point was sustained by court. Re- ■ examined again said Langston was ■ insane when taken to asylum. I D R EDGAR LONGSTON. I Lives in Green township. Grant Bcounty since 1866, has taught ■ school, known Joseph Osborne al', ■his life, has practised medicine for ■»yearc treat'd Joe Osborne April ■ 1«6. has seen and talked to J ie ■ frequentlv, recalls fteeuli'tr actions ■gs of incidents when he was wild ■intalk and manner. Acquainted ■mth family. Dore Longston is my ■nephew, has seen him in the stab■nsnel' spital at Indianapolis. In ■gr ..pinion Joe Osborne was of ;m ■wndmi’id when he lived in Grant ■wnt Dore Longston, was p- ■ ;;.■ was <>f unsound mnid wk' -I 1 ■stsaw him. knows Jane Snooks, ■feborne's sister, was of unsound j®iind when 1 last saw her. Gross 1 JOHN PINKERMAN. ~ v. -in Liberty t■ twnship G r nit B.:-.--. knows Joe Osborne B:.?-, ■ ‘d to an I met him mhm B-. .Lil.a Busenbark. Osborne - ■r'"e r peace ami <;ui ■.._••■: Bnsenbark’s rvpiitu’ton Btibad. Has observed peeuliir Btionsot Joi . was flighty in look-. Br-.ar-: . Believes he whs mi Bgd ::r.nd when he lived in Gn: • jflnnt.v. *’ross examined he was "who were Busenbark s ■tine ' and answered “don't he had any.'' hasn"t taiked Bkt, "i .•as“, knows of Joeassani - - BiM’uskey going to j.-il etc. I WILLIAM C. WRIGHT. ■lives in Madison c< unty, is a jnr■for term <>! court tieginning there BBt.Vr.day. known Osborn fittei n Bits, lia.-not Seed peculiar actions. BLm tn: v when Joe stopped at |3 : farm looking wild.claimed to I e Bhngforhis brother, thinks he Btit.nsi -.nd mind. Osborne rep

—= HENSLEY’S — SLAUGHTER SALE; ' ' .’-/A ... _ Bhff’ww T HAVE just received >uy holiday stock, and IL w - *•«%' *• feel that I have bought too much and m orE del- to dispose of it. I will offer the entire stock at Ml *A the areatest slaughter prices that have ever been offe W*' fifet sered Vow it is easy to say anything m adyer- I beSSc' Vi, l I K—— IIEIIE AKE 9OMS O- vIY ,’ 512.25 ■W’c 0 -' to ?100 ° redlK ‘ etl from J?-??? 0 !i- (<) <IOOO v ltches now | l&SLOO to Sio re-Ilicit from SI .50 to SKOO ..!<»« aTCHES ■Jk l ’ red »e*ed 15 P er cent ’ Q <- (in s 150 M ATCHES now ■ ’“ch makes my 520.U0 Watches now... ..!• - nnss it j )T waiting. Come goods too numerous to mention, but a.l got ' voll f or Xmas at ti e . I ’?' x<'»TF Kt a 'l get the "earn. 1 « i!1 bv an - V WTTHOI T THE CASH ->K A BANKABLE NOT L K 4t HENSLEY'S. NO GOODS GOES 01 I \MTHOC ■ THESE PRICES. , T 5. / I D M. HENSLhY < * • . ■■ 1 ■ irrrann—

utation is good. Had no acquaintance with Busenbark. W. H. HEIBOLT. , Groen township Grant counter knows John Moran, knows OsbX lumfly. knew Busenbark, saw Joe frequently, he acted queerly, told of incident, Joe was in field hauling corn fodder, load upset, made Joe mad and he set it afire and burned up the entire load, looked wild. Believe he was partially of unsound mmd. His reputation was good, Busonbark’s was bad. Cross examined. J. F. PHELLIPS. Lived in Green county’ about 35 years. Knows Osborne, lived within half mile of him, knows John Osborne and family, knew Dore Langston, knew Busenbark, met Joe often and talked to him, he was nervous, talked rambling of’his business and moving west. Believes he was of unsound mind, reputation good. Busenbark's reputation was bad. Cross examined by attorney Lutz, said Joo attended to his business well, he is a member of church, have gone to church with him. JOHN T. WILLIAMS. Lives in Marion, is a county comtnissioner, was sheriff from 1892 to 1894, lived there since 1847, met Osborne in 1892, he was in jail, he acted peculiar, would become excited, look wild and couldn't talk. Believes he was of unsound mind. Reputation was good for peace and quietude, of Busenbark was bad. Cross examined and said that he was before grand jury’ but can't remember what he said then. Did work in Osborne’s neighborhood ren years ago. O. WAYMEIR. Lives in Madison township, knew Osborne, met him frequently, heard him talk peculiar, and disconnected, had far away look and was nervous. Believes he was of unsound mind. His reputation was good,witness was not acquainted with Mr. Busenbark. Cross examined. WILLIAM WAYMEIR. Madison township, lived there'all his life, known Osborne about fourteen years, lived near him. Met him often, noticed he was nervous, believed he was of unsound mind. Reputation was good. Did not know Mr. Busenbark, cross examined. JEFFERSON KILRI)Y. Lives in Green township, Grant county, knows Joseph Osborne lived adjoining farm, known Osborn family for many years, knows Jane Snook, knew John Busenbark, talked to Joe frequently, was with him often. Was at Joe's house one night when the gas was tricky, ho was excited and came near blowing stove up, door flew o]ten and "knocked the bark off his little boy’s shins,” he looked awful wild that night. At other times taked rambleing on many subjects, such as farming, mining, fence i building and of other business purlsuits, was coming home one night talking quietly, when Joe cried out "Maccabeo lodge,” then went on

vith his conversation. Believes Joe is of unsound mind, reputation is good. Busenbark’s reputation was bud. Cross-examined he said he bad heard of tho trouble- Joe had with McCuskey but not of any trouble with man named Nesbitt. JAMES H. CONE Green township, Grant county, is a blacksmith, known Osborne family for number of years, has had numerous conversations with Joe and observed his actions. One night in October, very cold, came to my house barefooted, no coat on, shirt unbuttoned, stayed fifteen minutes, then jumped up and went out in road, whistled, ran home came back in half an hour with gum boots on, rubber over coat, cap pulled over his ears, said he was going to Dakota. Another time I went to his place to get a bundle of fodder, Joe ran out and borrowed three dollars, loosed wild, came to my shop same day looked better and paid back the money. He came to my house one time and wanted to borrow a pound of sage to put in his sausage. Have heard him holler out, spoke to him and he refused to answer, never looked right to me. Believe he was of unsound mind, reputation was good, Busenbark was bad. Saw Jane Snook week ago, she is of unsound mind. Knew Dore Langston, he was of unsound mind. GEORGE GRAVES. Lived in Green township, Grant county three years, known Osborne twenty years, have visited each other and exchanged work, talked with him frequently, he seemed restless, eyes wild, can’t give any conversations, some times he seemed alright, other times he was off. Remembers when he moved to Adams county, came to my house just before. Believes he was of unsound mind, reputation was good. Knew John Busenbark when he lived in Green township, reputation was bad, knows Osborne family. Jane Snook is insane, so is Dora Langston. Cross-examined! he said Joe was a good worker, had : reputation of being a rapid and | good fence builder, he attended to I his business. ALBERT HINTON. Lives in Madison county, near north county line, formerly lived in Grant county, knows Osborne and Busenbark. Latter's reputation for peace and quietude was very bad. On cross-examination he insisted thar the reputation of Busenbark was very bad. On account of the court room becoming chilly an adjournment was necessary at 5:30 o'clock. When court convened at nine o'clock Saturday only a dozen or two spectators were seated in the room, but during the next hour a continual stream of people kept coming in and good seats were soon ata premium. Mrs. Osborne came in about 9:30 with Mrs. Sohnepp an they took seats at the rear of the room and in a place obscured from the view of the prisoner. Joe was in his place a half hour I before court opened and sat in the

I\\ • /fx I x / i g I I •’HANKING our many patrons and I friends for their patronage during the past year, I take this opportunity to thank you for the same, and to wish you I . y one and all a I \\ Merry Christmas II Gus. Rosenthal | | The Square Man. I I

same old position, his left hand' covering his face and his head; shaking sideways nearly all the l time. The first witness culled was \ JAMES LEAR. Lives in Green township, Grant county, knew Busenbark, lived adjoining farm for seventeen years. Knew Joseph Osborne well Busenbark’s reputation for peace and quietude was pretty bad, Osborne’s was good. Joe has acted qucerly saw him once very much excited when he drove Jus team ten rods off the road after some steers. Don’t believe he was just exactly right, would call him of unsound mind. Cross examined and talked with witness some little about the case. MARTIN KILGORE. Marion, formerly trustee and jus tice of peace of Green township, was member of legislature in 1891, I knew Joe (Isborne since he was small boy. Knew John Busenbark reputation l>ad, Joe’s was good.; |• )ne time Joo camo to my store at Point Isabelle and asked for work, I I employed him, he worked until’ noon cutting weeds and then went j to work for another man across the] i fields he was about fifteen years old, at the time. He was always un-1 easy. Believes he was of unsound| mind. Cross examined. WILLIAM FLENt»R. Lives in Madison county on line of Green township. lived within] half mile of Busenbark knows him ; and' Osborne long time. Busenbarks reputation was very had. Joe's was good, never talked to Osborn much, my brother who was subpoened here fell few days ago and broke breast bone, can t conn'. Cross examined said my brother's wife was related to Joe. She is dead and Busenbark ordered tombstone. .1 O. HINES. Lived in Green township twenty ' one years, knew Busenbark also Osborne, formers reputation was 1 bad. lathers good. Talked to Joe many times, he acted queerly was nervous and excitable, talked loud, looked wild, Ixdieve he was of un sound mind. Cross examined. JEFFERSON KILROY. Recalled Dan Osborne, second s >n of Joseph Osliorne. seen him many times, back of head is

flat, head narrow, breast is sunken face has sad and pitiful expression, he is nervous and acts peculiar, several times when I have entered the house he has run at me and struck me, his eyes are (‘lose together and have dead look. He is about five years old and believe he is of unsound mind. Cross examined said boy wasnt’ very strong and had cramps many times, was up to jail last night to see Joe, Ed Ballis and Frank < Isborn were there and some one else, left, before nine o'clock. LEE HI ENS. Lives tn Madison county■ is broth er in law to Joe Osborne married his youngest sister, knows Dan, young son of Joe, his eyes are sunk en in, he never heard him talk, saw him last, day of Joe's sale in Grant county, he looked silly, believe the boy is of unsound mind. Has known Joe 17 years visited each other. His talk was strange, often talked of going into other business and selling his farm, often excited, 'always had wild look out of his ’eyes, beleives he is of unsound ■mind. Cross examined said Joe . made lots of money, spent lots, never saw any body else look wild ’ but Joe and Jane and Dore Lungs | ton, has been away from home lie - j fore. MARTIN JESTER, Green township, worked one fall for grocery in Toledo. Ohio, known Oslxirne six years, has observed peculiar actions. In fall of 1902, met Joe near bridge, walking at half gate, stopped and turned around, said. "Mart I’ve got a no tion to cut my throat, no one about here thinks anything of me." 1 said yes they do Joe or they wouldn't have helped you build vour house, talked him out. looked wild, beleives he was of unsound mind at times, wasn't excited ■when 1 met him on road but appealed melancholy. Cross examined said am nervous too. have transacted considerable business with Joe. some times he was of unsound mind, other times can't say This witness was a determined one and caused some amusement for the aflHience, it being necessary f< r Sheriff Butler to quiet them. JOE HAENA. Green township. Grant county

lived there 17 .years, knows Joe Osborne, reputation good, knew Busenbark, reputation bad, noticed Joe act queer, in September he was hauling gravel for me and had wild spell when h? pulled iron piece off tongue. Recalls no other act. Believes he was of unsound mind, when he lived in Grant county. . Cross examined. PETER LONG. Lives in Loewood, formerly lived in Green township, is a. stock buyer, knows everybody in the township, has been acquainted with Joe 16 years, observed his actions. He was flighty, nervous ’ talked rapidly, looked, talked disconnectedly, don’t recall any particj ular act, behoves ho was of unsound mind, reputation was good knew , Busenbark asked of his reputation ' the State interposed a lengthy objection because the evidence shows , that the defendant made first as sault and they therefore have no ; right to show his reputation. Ale gal discussion followed. Question was not decided and examination was resumed, the objection stand ing for the present, so witness could be excused. Cross examined. Court adjourned at 11:1.1 until , 1:3() to allow the attorneys to argue the question raised concerning the proving the reputation of John Busenbark for peace and quietude. ; During this two hours the attor neys wen? busy looking up authori ties until 1:15 when they argued tho question Ihj fore •Judge Erwin. The courtroom was crowded this afternoon, the spectators apparently tak i ing much interest even in the argu ■ ments of the learned la wyers on 1 the law question. Whatever the result of tho case or the fate of the ’ prisoner, be it conviction er acquit J tai, no one who has attended the , trial can deny that the case is being 1 well tried. Attorneys for both the I state and defense are fighting for 'their rights and wherever a quesI tion on which there is the least doubt is sprung, the legal fray iis interesting and exciting. Both sides have well prepared themselves. To this fact is due the rapid | progression has lieen made. By ] some the lawyers it is believed the 1 evidence will lie concluded by Tuesx (Continued on page 7. first column.)