Decatur Democrat, Volume 47, Number 43, Decatur, Adams County, 31 December 1903 — Page 1

»I.L THE NEWS AL L THE TIME.

OLUME XLVII.

HBI ■ ■ she Verdict Was Read at 10:45 Christmas Eve.

ot Indiana, \ In the Adams u l Circuit Court lountyof Adams j Nov 19 J« rm - VERDICT. , 8 state of Indiana, j vs .• Joseph Osborne. 1 We, the jury, find the de. rodant, Joseph Osborne, uilty of murder in the sec ud degree, and we further nd a® to punishment, that l( should be imprisoned in ieState prison during life. G. W. EUCKMAN, Foreman. to is the verdict, these the words W fell upon the ears of tho hunsdpeople in the Adams county jproit court room at 10:45 last {ht. when Judge Richard K. ntin road the lines handed him ,G.\V. Ruckman foreman of the !«famous Osborne murder case, irsh indeed they may seem to Be, sad they aro to all, for while |r laws of the great common»lth of Indiana have been upjd, while the society of our counias been taught another lesson, imlv that he who commits iine must pay the penalty; still tomn being must suffer; Joseph ibornr, according to this verdict ast spend his remaining days in son. It is hut human to feel tr and we say honestly with all lior that >vo believe that not angle soul stood m the court m last night, whose heart was (sad. and whoso soul did not ichout for the poor wretched tog defendant as he sat in the sir, where for eleven days he has nsij conspioous a figure. It was wrions and sad occasion, men (ro the determined look, always itoeable when an effort is being ide to force back tears. It was iiistmus ’Eve and gladness should ire been in the hearts of all but is little sceno was far from a ipyone. many people present. 7k jury went to their council ■ms at precisely 5:18. At ten Sock they called for pen and ink, Indication that an agreement “1 been reached. A half hour Judge Erwin was notified •ta verdict had been agreed upon 4hastened to the court room, tuews spread rapidly and soon 'hundred people were gathered John C. Moran, Prosecutor, as an officer of the as were also D. D. Heller , hi. Amsden,represen tati ves ithe defendant. PRISONER BROUGHT IN. 4t 10:44 the prisoner was brought Deputy Dallas Butler. He as nervous as usual, ** ao more so and qnietlv took ' *Bl near his counsel who Srr ived before him. His hand immediately to his face and tho old habit rubbing 1 forehead. VERDICT IS READ, moment later .Tndge Erwin Rioted the bailiff to bring in -Wry. The door opened and ■ Hickman came in ulone; he *’ •* package of papers upon a plurneil and handed another, mrdict to the judge, and took f’I’' 1 ’' the rest of the jury ,r ' unit took their place, in W i ,)(, x “Have you agreed verdict?" asked Judge Er*»d each man nodded assent. ,V 'H listen to the verdict as *‘nd then followed the words must have fallen heavily' L 01 Thorne. As Judge Fr--'U'luded he said," Is this your ;

verdict Mr. Foreman?" and that official answered, “it is." As says your foreman, so say you all gentleman of the jury ?" asked tho court and each nodded “yes.” It was over, the strain of an eleven day murder trial had ended in conviction and the death of John Busenbark at the hands of Joseph Osborne, was justified according to law. HOW OSBORNE ACCEPTED IT. As the words which sealed tho fate of the prisoner fell from the lips of the Judge, he made no sign and so far as could be ascertained he was indifferent. For a period of two minutes no one seemed able to speak or move, the sceno was rather tragic, and the quiet and I suspense were telling. Finally Judge Heller reached across tho table and spoke to Mr. Amsden, the jury filed out of their box and stood still at tho right of tho court room all oyes were cast upon tho prisoner. After a while he wiped his face with his handkerchief, but not a word or sound escaped his lips. Once he walked into tho library but quickly returned and took his seat. BILL OF EXCEPTIONS FILED. After a few moments attorney Heller filed a bill of exceptions, a legal action to complete the record of the defense. SHOOK HANDS WITH PRISONER. Attorneys Heller and Amsden left i tho court room at 11:15, and as! they passed out. the former stopped : and shook hands with his client, speaking a few words of comfort. As he turned away Joe made a despairing gesture, and the attorney returned and conversed with him again. TAKEN TO JAIL. Five minutes later, at 11 :20 Sheriff Butler and son Dallas led the prisoner out of the back door of tho court room, down tho stairway, and back to jail where his Christmas, a sad and dreary one to him. was passed. HIS FRIENDS ARE TRUE. Besides the Decatur people pres- 1 ont when the verdict was read, j were a few persons, conspicous for the fact that they have stood nobly by their friend through his hours of trouble. They were his poor old ; broken hearted father, John Os- j borne; his brother Frank and Uncle ; Nathan Leisure, and Messrs Me- j Casky and Lear. It is needless for us to say that they were of sad | heart. JURY DISCHARGED ( Judge Erwin discharged the jury . with thanks for their faithfulness , and informed them that they could go home at once or could repair to , the place they had been hoarding . where their expenses would be , paid until after breakfast next morn- , ing when they could report to the , Sheriff. All but one or two took advantage oi this offer and hung up their stocking at Coffee A- Bakers restaurant, It has been a hard eleven days work for them and j they will spend Christmas by resting { and breathing the free air for they have practically been prisoners :i since they were empanelled. While the method of reaching i a verdict is always an unknown one to all save the jurymen them-,. selves and this case was no excep- j j tion still we have learned a few I items that will be of interest as are ~ noticeable from the statement below. The jury went to heir, room at s:l*. returned at l":!-. o havi „g been out five hours and ; , 3T minutes: they had I™.’agreed upon a o’clock and a half hour was devote j to supper so that really but. four, I

DECATUR, INDIANA, THURSDAY, DECEMBER 31, 1903.

hours and twelve minutes of deliberation wis necessary to determine the fate of the prisoner. ONE VOTE FOR ACQUITTAL. But one single vote was cast for acquittal and he voted thus but once for the second ballot resulted in twelve votes “guilty.” The vote on insanity we are informed required three ballots, three voting, “unsound” on first ballot. After those facts were determined it only remained to fix tho penalty. Though the State had insisted slightly on the etxremo ; cnalty of the law, no one expected such a sentence, though some looked for a finding of first degree murder and a penalty of life imprisonment, i However not a vote was cast for more than second degree murder and several favored a finding of manslaughter; but the second ballot was unanimous for secand degree and tho task was over. The jury were certainly almost of one mind and the evidence must have appealed to at least eleven of thorn very much alike, as only seven ballots j were required in all. The jury have performed a distasteful duty, one which is fur from enviable but they havo served a cull from which an honest citizen should not shrink; they have served faithfully and rendered their verdict as their conscience told them. Many expressions were heard on tho streets after the verdict was announced and these were divided as to the justice or injustice of the result. The old elook in tho court room !

pointed to 1:18 Thursday afternoon when Judge Richard K. Erwin tie gun reading his charge to the jury. The twelve men at once aroused their interest, leaned forward and listened attentively to every word of tho many pages, which had been prepared by the attorneys. As previously stated 157 instructions had been prepared by both sides, of which number 121' ! were for tho defense. This num- j j her was cut in two almost by the court as many were repetitions of j each other. The prisoner during j the time the judge was reading j never moved a muscle, retaining j the position he has occupied for ! eleven days past, his eyes upon J the floor, his hand constantly rnb- j bing his forehead. li his insanity is feigned, he is a clever actor,; but he is nervous, beyond a doubt, i Quito a number of the large crowd who had listened to Attorney Mor- j an remained and heard tho charges, j ( I the prisoner’s relatives and friends Ironmining faithfully by bis side. I i Several times during the arguments , tho old gray haired father, the J ; brother Frank, and the sister, Mrs. 'loll, showed their emotion and the j ( latter wept during the last hour of! Mr. Moran’s speech. Aftei concluding the instrnctiions as prepur- j t ed by the lawyers, Judge Erwin ad-; i dod a few sentences of his own in ’ t which he said: “The court in- j t structs you that the case upon;! which you are now to consider is so j <.

4. grave that you should make no i error, the life, liberty and highest j rights of a follow citizen are at* stake, but the safety of the society | must likewise be guarded and; should not be overlooked.” The! judge said. "I send with you to your j room, gentlemen, five forms of ver- > diet, any one of which you may use or you may prepare one for yourself., The forms were as follows: j FIVE FORMS OF VERDICT. I i I,_“ We, the jury, find the do-j fondant. Joseph Osborne. not guilty." 2 _"\Ve, the jury, find the defendant, Joseph Osborne, guilty of j manslaughter and we find his age j to be years.” "\Ye, the jury, find the defen- j dant, Joseph Osborne, not guilty. j solely on the grounds that at the time of the commission of tho; offense charged in the indictment, he ’ was of unsound mind. 4 _“We, the jury, find the defen 1 d int Joe Osborne, guilty of murder in the first degree, as charged in j rbc indictment, and wc find as his; pnMshment that lie suffer death." - "We, the jury, find the do-, fondant. Joseph Osbornej&nilty of!

- murder in tho first degree and wc further find as to bis punishment that he should bo imprisoned in the state prison during life.” Judge Erwin closed his instructions at 5:16, requiring just fiftyeight minutes to read them and two minutes later tho door to the i jury room closed upon tho twelve i men, tried and true, upon whose shoulders rested tho responsibility ’ of the Osborno murder trial. John • Bogner, tho bailiff who has had ' them in charge since the first day ■ of the trial assumed charge of the jury. Tho strain has been a severe one upon everyone connected with the trial even including the Democrat reporter, whose responsibility while not as heavy as that of court, jury or counsel, was no light one since our readers expected and were entitled to every scrap of nows concerning the important case and we take this opportunity of congratulating ourselves upon the fact that we have done this as it was never before done in Adams county. At least so we have been informed by many of our friends so often that wo have finally consented to believe. The big trial is over and everyone connected with it is glad of the fact. Every attorney showed the hard work, the loss of sleep and the long and severe mental strain and at least three of them were yesterday on the verge of severe illness. Osoar Shaw administered a dose | of punishment to a young traveling i man Monday night that will be remembered for a few days no doubt.

Oscar was at tho Grand Rapids depot when the train pulled in and his wife who had been away on a several days visit alighted. A young man followed her and made some insulting remarks. Mrs. Shaw told her husband, who immediately sought out the fresh gentleman, locating him just as he was climbing into the bus. Oscar stopped for i no parleying but handed the fellow i several jolts that will be a lesson > to the young man for years to come. | Jacob B. Kalver to whom none i need any introduction and who is j I engaged in tho clothing business; I here with Mr Freidtn in and is tho \ | son of Barney Kalver who is on-' j gaged in buying wool and hides has j announced to his many friends here 1 •that he will lx> united in marriage' on February third to Miss Lena Werthau the beautiful and accomplished daughter of Mr. and Mrs. Lucas Werthun of Chicago, 111. The wedding ceremony will be held | at Chicago on the morning of the j third and the couple will then take j a short honeymoon trip west, when ; they will return to Decatur where they expect to make their future! home. James Thompson, who lives in • the John Colcbin property just east of the old cemetery had the misfortune yesterday ovoning of being thrown from a wagon and having his left shoulder dislocated. He was unloading boxes and in pulling

I them to the roar end of the wagon I the horses made a sudden jerk j 1 throwing him out backward heavily j |to the ground, with the above re- ! - suits. Drs. Miller and Keller were ' summoned and dressed the arm and { when they let the was resting some- , what easier. They stated that his loft arm would 1* unfit for use for | some time to come owing to the j j fact that ho is an old man anti the ; , arm will not heal very rapidly: An important meeting of the Na- ! tional Union lodge was held at the office of W. K. Folk Monday night. The years business was closed up i and officers elected for the ensuing j year as follows: W. K. Fulk. j president ; John J. Mayer, vice j I president. Henry Kriok. speaker;' | D. B. Erwin, secretary; F. V. Mills. j, ! financial secretary; it. K. Allison, i I treasurer; W. H. Niblick, usher; j,T. A. Smith. chaplain: W. J. Myers, sergeant M J Butler door j keeper; J. A. Smith, Fred Selle-i, merer and James Handing. trustees, j A%, auditing committee composed j, df I), it. Erwin. I>. M. Hensley: land A. H. Sellemeyer was appointed j iind the meeting adjourned to i meet next Tuesday evening. i

o G. \Y. Miller of Union township t was in tho city Tuesday and paid to u Treasurer Voglewede his taxes due next year, thereby cleaning the - slate, and having nothing like - taxes to bother him all during 1904. 1 _ L. A. Henning, proprietor of the j new coal and hay business, reeent- ,; ly established in this city was r married on Christmas day to Clara j O. Bowman of Dayton, Ohio. They j j have arrived horo and will at once . commence house keeping in the ' property purchased by Mr. Henning ( at 23 Indiana street. Tbo Democrat extends heartiest congratulations. David Reinhart who lives four miles north west of tho city dispos- , ed of his 138 aero farm Saturday ! to Anson Cunningham of Delphi, Indiana for the sum of $10,350. Mr. : Cunningham has certainly purchass ed one of tho most beautiful farms ; in Adams county, the premises i being covered with a large brick, house, a large bank barn, and in i fact everything that could lx? found on an np to date farm. The land i is rich and fertile and is a good producing soil. Mr. Cunningham comes . well recommended from his former place of residence and will make a good citizen. He is to receivo full possession of the farm on February first. Mr. Roinking has as yet mado no definte arrangements as to what he will do, but it is possible he will again enter into active farming. This big land deal was made by the enterprising and hustling firm of Hall. Son and Fulk who are now head over heels in the real estate business and have some fur-

ther large deals to mako in a few days. Tho three new routes from Berne and one from Monroe which were inspected six weeks ago and which were expected to be in operation before this, time havo finally been ordered by the government and will positively start February first. A telegram from Washington, 1). C. says: These Indiana rural routes have been ordered established Feb- ! ruary 1: Berne, Adams county, adulitional service routes Nos. 2,3, I and 4, length of routes sixty six miles, population served, 1,544; Monroe Adams county, route No.l, length of route twenty one miles, (population served 567; Sheldon, Allen county, route No. 1, length of (route twenty four miles, population | served 675. This is good news to Adams county people who appreciate rural routes and who had begun to fear the proposed new ones a | joke. Nothing is said in tho dis- ! patch concerning new routes out of I Geneva and they have apparently ! not been allowed nor has the new iNo 7 out of Decatur, hut they will j probably come later. The largest deal in fire insurance (agencies ever consummated in Docatur was closed Monday evening and moans the merger of four of the best agencies in town, including those of NiblicK <fr Quinn, J. W. Meibors. T. J. Gallogly and E. X. Ehingor. The transfer will lie i ttfii iln u-i tli -i fnn* ifui'C mus I

made within a few days and just us soon as the various state agents ean get hero to make the same. The proprietors of this now agency will be Thomas J. Gallogly who retires as county recorder Thursday, und James P. Huefling,whose term us deputy clerk closes the same i day, ant! tho new firm will be j known us Gallogly <fc Haetling. [They will secure quarters this week temporarily and expect to open an np to date suite of rooms in the Allison-Studabaker block as soon as that building is ready for occupancy. The agency will include the Home of New York for country business and the Royal, Hartford, German American, Pennsylvania Fire, Aachen & Munich, Michigan Fire und Marine, Indianapolis, National and several other 'good ones. The members Os the now firm aro hustlers, thorough business men and capable of establishing a paying and valuable! .agency. At the same time the merging of the four agencies in j I one reduces the number of ageriIcies and will simplyfy the tire in-' I sura nee business in Decatur not a j little. We wish the new proprie , j tors all sorts of good luck.

CIRCULATION 2800 WEEKL>

Dudloy M. Shively, a millionaire ' oil n ”‘n from South Bend was in tlr? city Tuesday, attending to business. Ho filed papers with ! recorder Gallogly which transfers • the property of the Royal Oil Company to the Universal Oil C mipanv. Mr. Shively is a prominent attorney and a cousin of Benjamin Shively the well known democratic leader, who was a candidate for governor in 1890, Mrs. J. A. Hendricks the Grand Rapids’ agent’s wife of Monroe was taken by surprise Monday. After the morning train arrived Mrs. I). B. Roopof Pleasant Mill*, Mrs. G. \V. Roop of Decatur and Mrs. Harry Cordua and Mrs. Will Cordua and their families of Decatur and Mrs. James Gerard of Fort Wayne all came in tho back door and demanded their dinner which was forthcoming and the day was passed in usual old fashioned way as you know that Monroe folks are not as stylish as Decatur folks, and Mrs. Hendricks and Grandma Hcndrioks were glad to see them, oven if they were not looking for them. Come again if you enjoyed tho day and bring your friends along and we will have a good time again, say tho Hendricks family. Judge Erwin was able to conduct court a few hours Tuesday, though he is not entirely recuperated. Business was transacted as follows: George E. McKean, surveyor vs Joseph J. Dailey, cause consolidat ed with similar case against David son Mattox. William D. Rinehart

vs Jessie E. Mooro et al report of fall payment of purchase money, distribution ordered. Joseph W. Moser vs Mary E. Waller, cause dismissed and oosts paid. Cornelius Eiting vs Toledo, St. Louis and Western Ry. Co., appearanoo by Beatty for defendant. Next Tuesday morning a trial will begin in circuit court hero which will occu py the rest- of the term, it is believed. It is tho case of Thomas Taylor ot al vs David D. Studabaker, from Wells county, suit to set. aside conveyance, and quiet title. When this case was previously tried in Wells county it required over three weeks. Eichhorn & Smith are attorneys for plaintiff. In probate court, the final settlement was allowed and udministra trixwas discharged in Abraham Brttndyberry estato. In the Charles I’. Ehinger estate Mary Ehingor, ad mrx, was ordered to assign to minor children. S3OOO of Niblick <Sr Co., stock and $750 to Mary (’. Ehinger. also notes and telephone slock to Mary C. Ehinger. I«aac Lout ban estate, linal aocount allowed. A young man giving his name as Harry Brokaw had a miraculous escape from death Monday evening nliout eight o’clock at tho Grand Rapids railroad, near the YanCamp Iron Works. It. seems that Brokaw wanted to get to Fort Wayne and but didn’t have the price, and as an extra freight pulled into the yards 14 ii untisnnnlio/l tlm omrinram f'nr •<

r he approached the engineer for a i ride to Fort Wayne but was refused, the engineer stating it was against ■ the rules for him to haul any one. i He then asked the oonductor and was again turned down. Not to Ik? outdone in this way he prooeedrd along the track and at last hoarded the train getting between two box cars. Tho balance of the train at this time was doing some switching and in backing np to attach to this part bnmped a little hard and Brokaw was tumbled off, falling upon his head. A brakeman walking by saw bis foot and thinking he was oead rushed to the dejxit at once for assistance and two or throe of the people connected with the railroad went back and there found their man with his head within six inches of the rail and unconscious. They soon revived him and took him to the depot where upon further examinaton he was found not !to be hurt to any great extent. After resting for a few moments jhe got up and walked away ami nothing further has lieen seen or heard of hiiu. He was certainly was lucky that liis head did not j fall on the rail or he would have | been a dead one today.

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