Decatur Democrat, Volume 47, Number 42, Decatur, Adams County, 24 December 1903 — Page 7

f\ =RISTOE’s\ Smoke I House I POR ALL KINDS OF ■ Tobacco | ind Cigars .... | We have more Brands to Se-B leet from than any house ■ 1 in the City. I al fristoe. A East side St. opp. court house

Osborp? (Harder (Continued from page 5.) tiay evening and the case would then go to the jury Wednesday evening or Thursday morning. However this is only conjecture and the trial may continue during B ||of next week. The argument the question of evidence as before mentioned was made by attorneys Amsden, Smith and Heller for the defense and by attorneys H,ran and Lutz for the State, uch proved his ability and knowI ledge of law and each showed his mastery of the art of oratory The irgnment continued until 2:20 nnd Judge Erwin made known the I fact that in his opinion the evidence as to character of the deceased man cannot be entered into, but he agreed to withhold this decision sntilhc had heard all the evidence ,on this point. With this understanding and the announcement : that the decision would not be I given until the question and objec- [ ton were properly entered of record ' the jury were ordered in and took their places at 2:25. Ira Richards was then called as a witness for i the defense, Ho went over his evidence as given for the State. ■ In his testimony for the defense, t Saturday afternoon, Ira Richards, I the only living man who witnessed • the awful attack of Joe Osborne ion John Busenbarkand whichprovl«l fatal to th? latter, gave the |«ount of the trouble even more ! minutely than before. He said [that the blows struck by BusenI bark were side punches anil very f-quick, but missed, did not see knife | in his hand after Osborne approachudhitn. Busenbark fell with his I head to the southeast. Believes ( if any more blows than two had : been struck by Busenbark he would have seen them. Dale was standing near me as I was loading manure, he was east side of wagon and near shed, he was half foot higher on manure pile than me, he was four feet away. Dale left about twice. Mr. Busenbark struck first Ilick, started north around straw shed. This shed is 22x14 and person could not see fight when behind this shed. Around this shed from wagon was fifty or sixty feet. Dale was not on wagon when fight happened. I found Busenbark's knife that evening lying under axle of wagon, it was open, Sol Schnepp was with me at time it was lying few feet from end of board, on which Busenbark sat. Cross examined found knife near where deceased was sitting, was only a moment from time first blow was ’’ruck until they were on the ground, don't know how Busenhark got down on the ground. NATHAN LAISURE. Lives in Green township, knows ( ’’borne family, is brother in law ot •'chn Osborne, uncle of Joe's, knew Joe smother, she was my sister, bonie of Laisure family had mind ’rouble. Brother of my father Joe Laisure was of unsound mind. Knows Jane Snook, sister of defen- ( ‘ a nt, is of unsound mind, describactions of both. Knew Dore •‘Dgston, cousin of Osborne, also ■f unsound mind. A brother of ’hue committed suicide three years a ?°- Known Joe Osborne since he '■as little boy. believed he was of UQ sound mind. I had brother and sister to die of consumption, cross Cammed, said he had taken some ‘Oterest in the case/VtUl made trip CTe ’ talked to Joe, had went to see Jrs. Osborne to get her and the children to come andsil by Joe dur ‘“’the trial. Re-examined, said

She refused to talk upon the subject, have interest in welfare of Joe and family and went to re son with Laura. Mr. Laisure is a wealthy citizen of Grant county and is known by every one as much Uncle Nathan. He gave his testimony in a deliberate manner. SATURDAY, 4:30 P. M. Ira Richards, recalled, has lived in Kokomo. Tipton and other places, met Busenbark and Osborne at same time, got job came here, heard conversation between deceased and Osborne last spring over whether they should begin plowing. Busenbark said he should plow, Osborne said he would rather pay him for fishing than plowing the way the ground was then. He obeyed busenbark. Had some words again over harrowing clods, again over condition of a plot, at another time over plantng corn, again over buying a hay loader. Has heard deceased tell of fighting ability, had fought some man six straight nights, got whipped five times but last right done the fellow up so his mother didn’t know him, had licked the bully of Ohio. At this point in the trial the old law question of showing character, Busenbark ,was again sprung and Judge Erwin again signified his belief that the defense were wrong, whereupon an offer was made to prove by the defense in order to get the matter in the record. Objections were sustained. Richards said he had talked with Busenbark about the payments due on the land and Busenbark had said Joe couldn’t meet his payments due next spring and he was going to get his money ready so he could buy in the land. Mr. Busenbark offered to take front eighty acres and to give Joe back forty, no improvements on the back forty, again he offered front forty at $112.50 per acre and take the back eighty at price that would make the whole farm $75 per acre. Again they tried to divide land, Busenbark offering to give Joe the front sixty at $5400 and when Joe accepted he raised price to $6400. Said Joe would have to take back forty. Cross examined. Said Busenbark sent him to Joe to tell him that he wouldn't furnish any more money. Joe said he wont' go back on me, will he? The question was then asked by Mr. Lutz. “Did Joe tell you that if Busenbark went back on him he would never go back on anyone else? Objected to vigorously, overruled and witness answered, “HE DID.” Re-examined he said" Joe told m< in some conversation than he would not hurt the old man for anything when he was in a good humor but some time I get so aggravated I dont’ know what will do sometime. JOHN BUCHER Lives in Root township known Osborne 11 months saw Joe Sept. 7 standing near Meyers livery barn spoke to him but he didn't answer me. looked vacantly in air, ‘hen ground. Have seen him at othei times. Don't know whether he was of sound mind or not. WARREN BEAHER, Lives in Kirkland township this county, formerly lived in Grant county knew Osborne and Busenbark since 1886. Saw deceased at fair grounds, talked with him Have seen Joe once since coming here, saw him April 15 at Big Store corner, said he was hunting team, didnt’ know where he hitched. Saw him since Sept. 8 once a week at jail. Believes Joe was of unsound mind in April. Cross examined. DWIGHT BROWN. Lives in Decatur, lived in Root and Union township most of lite. Knew Osborn since August, was convassing, talked to Joe, talked disconnected, eyes looked vacant, believe at that time his mind was unsound. Cross examinced. JAMES GAY. Decatur, undertaker, buried John Busenbark, measured him, height was 5 feet 11 inches, weight, should judge was about. 180 pounds. Court adjourned at 5:15, the bailiff being ordered to the charge of jury, keep them together unti mne O’clock Monday morning. The jury were cautioned not to read a y newspapers or talk to any one or Long Semselves about he -e I and to keep their mind unbiased. As the old clock in the court room Lpake nine o’clock Monday morning fudge Erwin assumed his chair ' 1 ~,1-in " bright and ' their places .^lthe'second week of the famous borne, nervous a> -

place and was apparently the onl person in the court rt oni who hu< not app- t ,<.i lte(l smli/ r<-t. ily a hi.]f dozen spec, t .rs v. i 1 attend nice but thi - i ier w . increased by noon. Tin fit st witness Call'd v;is DR J vl. MILL ,R. Phvsiei.n, pruct.M'l 17 year-, graduate, lived in I) e„ ■ ■ 7 . knows Osa irne. hasex.mi d bi”, three times. H P ex i nin. -d and measured Osbornes it line form cente? of ~■!< t,. of chin on right and » side H nd found left side smaller t ian right side of head by quir’er of inch, showing one side of he id depressed, believes on left side skull presses against the brain. Brain is full of blood vessels, these expand at times and in defendants case they press against skull when he becomes excited or worried. Believes that at such times Osborne would be of unsound mind. Also examined eyes, first time pupil of right eye was twice as large as the left again it was normal, eye was changeable, right eye is lower than left, these always result from affection of brain. Examined spine, is tender in spots, indicating disease at base of brain, this might be the result of brain fever which defendant had in 1880. Both eyes dilate. Heart of defendant is peculiar, very rapidbeat, from 11 1 to 140 per minute, average is 72 to 78. Upper jawbone in man 68 years could be broken and person could live after cheek bones and nose were broken and bruised upon forehead. Observed that defendant is nervous, restless, suspicious, affection at base of brain would cause the jerk-

- a. * DANIEL la ncLLER Au attorney for the defense in the Osborne murder trial.

ing backward motion. Cross examined. Insisted on statement that ireaking of bones of face are not sufficient to cause death even if hemorrhage of two quarts of blood resulted. Said that people being ■xamined after committing a crime ire nearly always nervous and heart beats from 90 to 110, that insanity is often figured by people charged with crime. Can’t give measurements of brain, i-’ larger in male than female. Attorney Lutz cross examined Dr. Miller and proved himself an expert on medical jurisprudence. Dr. Miller also stated that remorse is never found in a person who is really’ insane. Reexamined, an old person stands shock better than young,found scar over right temple of Osborne and one over left. Showing his skull had been cracked. His condition would cause him to lose control of will power. Mrs. Osborne, looking a little paler than usual came into the court room alone at ten GEORGE CLINE. Lives in Adams county, near Osborne farm, knows defendant, his reputation was good for jieaee and quietude. FRED KOLDEWAY. Lives in Union townshhip, knows ■Osborne, reputation was good. JOHN P. SPUHLER. Lives in I'njon township near Osv, rne farm. Knows defendant, reputation was good. Seen him I often talked to him. He appeared nervous and restless. J’old me once ‘ that he had awful sight of trouble 'and would just as leave die as nut

iil'lt wasn't for ftitiuily. Bel' -ve h< v.is o unsoun mind. Dr D. D. CLARK. Lives in Decatur, physician, has ; n ide special study of diseases in i train, practise 13 years, been here I 1 out nine years. Knows Joe Osnirne. saw him at ball game Sunda before Sept, sat Steele'spark seemed excited, wanted to run I if er ball, noticed his queer »e-1 1 lions, called attention to it. Believe ho was of unsound mind. Have treated defendant, examined him several times in jail. Measured his : head. B ines of face of man 6s years old would be broken and still live. Thinks to ascertain cause of death physician should examine vita] organs of patient. Dr. Clark deseri >ed measurement ofO borne's I hei practically the same as Dr. Miller had. Cross exa nined by aitorney Moran. Dr. Clark in his testimony said he believed Osborne is of unsound mind and had but little control oi his will power. Cross examined said other people were excited at ball game and ran after foul balls, they wern’t crazy, made up himind Joe was crazy, was before that. Attorney Moran conducted the cross examination well and gave evidence of having studied his physiology well. Dr. Clark was asked who was to pay him for his examination and said he had charged it to Osborne, “charged it to a crazy man?” asked Moran. 1 “To his estate” answered Clark. ‘Have you arranged about the prico”asked Moran. “Believe something was said about it.” “Di< i you make such arrangements with a crazy man” Answer “Yes."

i "Did you ask him any questions?” i Objected to by Judge Heller and same time was spent in looking up authorities. AFTERNOON SESSION. The Grant county friends of Joe Osborne 11 nd witnesses for the de I sense were back in their accustom ed places on the witnesses side of I the court room and a much larger attendance was noticeable even be | fore court opened. Judge E*-win overruled the objection on the ' question asked before dinner and Dr. Clark answered “no that he didn’t remember of asking him any questions.” The cross examinationd continued about half an hour the doctor again going over the facts as to his examination of the defendant. MRS. JOHN SPUHLER. Lived in Union township all my life, lives opposite Osborne farm, known defendant since last March. Have talked with him, observed his actions, at times he was very’ nervous and wild, talked disconnected. other times seemed to be home sick. Have seen him pace floor and talk loud, believe him to be of unsound mind. Cross examined thought he was of unsound mind first time I met the gentle!man. Have heard ether people talk loud, seen them get excited, didn't think them crazy. HA R VEY Met 'ASKEY. Lived in Green t i.wm h:pJ2 ycar-G has served as state repr-•sbntativfl'l 1893-95,known defendapt since 1874) often with him, qteerved his ae- ' lions, boarded at Osborne home and taught school. When Joe was ■

two years old he acted peculiar, his head jerked, he walked with swing md cried easily. Watched him as lie grew older, believe he has been if unsound mind since small child. His reputation was good. Cross examined. Bon here since MonLiy of last week. Has been taking in interest, in the case. He talked to witness, knew other babies who cried and who were not crazy .Have seen Jue at jail. JOHN SMITH. Lives in St. M irvs township since last March, firmerlv lived in Tipt m county, formerly lived in Gn e i township, Grant county and prior to time he was four years old lived in Allen county. Knew Osborne family, known Joe since he was small boy, talked with him, moved here at same time, visited Joe here ind he visited me. Talked peculiar, came to my place one day and while standing in corn field he several times picked up a handful of soil and examined it, when he shirted away he turned around once and started towards m°, then turned and went on, dont’ believe he was just right. Cross examined. JAMES M. LEAR. Lived in Green township, Grant county for 15 years, farmer, lives it Point Isabelle now. knew Busenbark and Osborne long time, have never talked to Joe very often have 1 ibserved his actions, was excitable i ind looked wild, believe he was of I unsonnd mind.reputation was good. I Cross examined, came here Tues-; day, has no interest in case, was [ •ver seer of road in Green township. ■ FRANK JARVIS Lives in Green township, Grant county, known Osborne 18 years, met him often, talked with him, he was excitable, at times looked vild, talked disconnected, on subects in same conversation. Believes he was of unsound mind, Reputation was good, Cross examined. CHARLES HINES Lives in Gr mt county, has worked in Green township knows Osborne, have met him when he walked and acted querely, looked wild.

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1 Believe he was of unsound mind* : reputation was good 1 At 3:45 court adjourned to allow defendant's attorneys time to pre-. pirehvputhetic.il questions to ask physicians covering entire ease. This will conclude the State's evidence and which has bee 1 published fully in the Democrat. As the case 1 draws to a close interest increases and reserved seats would sell at a f incy price during the arguments tomorrow. U was a few moments after nino o’clock Tuesday morn'g when Judge Erwin called the Adams circuit court to order and activity was resumed in the Osborne murder trial. Attorneys for the defense seemed to have worked diligently since the early adjournment of Monday evening for the hypothetical question prepared was certainly a “corker,” cohering fifteen pages of legal cap, typewritten and requiring thirtyfive minutes to read. The question began with the life of Osborne when two years old went over every peculiarity of the defendant, every accident that had befallen him, e ery disease he has been afflicted with, the facts of insanity and consumption in his family, the story of the assault resulted in the death of his father in law, John Busenbark ;in fact the question gave a condensed story of the life of Joe ' Osborne and those who heard the question, heard the evidence of the I defense all in one continuous quesI tion. A larger attendance than I usual was present this morning I when court opened. Mrs. Osborne | was again present but still assumes J her indifferent attitude. She has attended every session of court : since the trial opened, but still seems no tnoro interested in the outcome than do her neighbors, unless the conclusion that she does is taken from the fact that she refuses to have anything to do with the prisoner and that she testified for the State. She occupies the front seat on the left side of the court room proper and has only been no ticed to speak to anyone [once or twice, during the week. Prisoner (Continued on page 8, third column.)