Decatur Democrat, Volume 47, Number 43, Decatur, Adams County, 31 December 1903 — Page 3

DOCTOR E. J. Beardsley, (jcncral Practice and Surgery. . anpoial Attention Riven to Eye. Ear B “ Throat and Chronic Disoases. Ex pcr» in fittiog Classes. „,ilv equipped for treating Eye, Ear jMroun“ p roat and Catarrhal oases. answered, day or nip-ht. ovifiCE—over postoftioe. I)KN'CE—cor. Monroe and Ninth os oJ)ce Hours-9toUa.m. 2t04».m. C' murder <;ase | (Continued from page 2.)

I B v opinion believe defendant was 0 f sound mind. Cross examined. Ijjyo no interest in case, talked to Sol Sohnepp about it, couldn’t noaco ho was nervous. Knew Busen“rt albert butler. Sheriff, jail is diivided into residence uml prison, latter is at east L„ first met Osborne Sept. 8 at Ljan’s office, took him to jail, he K ld me bad pounded him up pretty tiadly. He has been in jail 107 jars, have seen him from one to Mr times each day. Osborne iielped me take care of Mike Brunjegraff, another prisoner, who is insane one day. Believe that from Sept. Sto prosent time, be is of sound mind. Cross examined. Have watched the prisoner to see whether be was insane or not, wanted to find out. When I took Joe to jail he looked somewhat excited, don't know that lie was very wijd. Called physician because [Joe said be couldn’t sleep. Years have passed since the okl Lnrt room of the Adams county lulls of justice have rang with inch speeches as were heard there Wednesday and Thursday. For |twelve hours hundreds of people lave stood and sat in the court loom, packed evermore closely than iis comfortable and listened attentively to every word as it fell from [thelips of the lawyers. It can be denied by do one that this murder case, the most important trial heard in [the county since the tiino twenty tears ago when Charley Worst was given life sentence for the murder o( Baekestoe. has been ably and :well handled by both sides. The State, represented by John Merlin. prosecuting attorney of the 20th [Judicial district and C. J. Lutz, fought every inch of the ease, and jonglit it well, making every sentence and question count. The defense was just as tenacious and insisted on their rights at every stage of the trial from s he time the first juror was examined until the last word of Judge Erwin's charge was heard. Attorney’ D. E. Smith, •lodge Heller and Daniel Amsden of Marion, who have defended Joe Osborne have battled in a manner that has won tho approval of everyone. The speeches were brilliant. convincing, learned and intelligent appeals for conviction or acquittal and the jurors, as well as Ae audience apparently listened

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spell-bound to each nqw theory or statement. the arguments. C. J. Lutz opened for tho state at -: to and spoke until 5:15 a period ot 2 1-2 hours. His ability is well known and he showed his earnestness anil Ins study of the case. He ° an filing with the jury that i!, 1 0 cuso is Hie most important, they i imve evcr weighed. The life rights and liberties of a man is at stake jon one side and the duty they owe I the state and community when a 11 foul murder and heinous crime has ’ | been committed. He described j murder of the first and second doi gree and manslaughter, read the indictment as returned in six counts by tho special September grand .jury. Mr. Lutz said: ‘lt must be I admitted that one of tho most heinious LT i inos in the history of Indiana ,has been committed, that John Busenbark was killed by Joe Osborne on Sept. 8 last." Mr. Lutz continuing made a wonderful fight against tho plea of insanity, searing the physicians, went over tho entire evidence of the Grant, county witnesses on tho question of un- | soundness of mind and said ‘‘lnsanity—lts the same old excuse when the penitentiary or tho gallows | stares a man in the face,’ - Mr. Lutz quoted many cases from Indiana repoitsto uphold his opinions. He offset the testimony of the defense on insanity question by the testimony of the people here, placing especial stress upon the evidence I that of She riff Butler and son Dallas. Mr. Lutz closed his argument ; with a brilliant outburst of oratory I and demanded a verdict for guilty lof m urder in the first degree, and insisted upon the extreme penalty I of the law. DANIEL AMSDEN. Os Marion, attorney for defense, [ followed. Mr. Amsden is an able [lawyer and has so proven himself i in this case. While he has not taken a great part in the examination of [ witnesses, his advice was always j timely as could be easily noticed by lan observer. Though he has been | ill since beginning the trial, has [suffered two nervous chills, and I oven yesterday afternoon was so | sick that he should have been at [ home taking treatment, he bravely took his part and made a splendid fight in behalf of his client and old friend Joe Osborne. He is an orator. a lawyer, a man whose learning and ability cannot be doubted by those who hoard his speech last

evening. Ho began speaking at 5:30 and spoke until six, resumed at 7-30 and continued until 8:30. Ho handled well the evidence and dissected the complicated parts of same. Ho argued that a murderer does not go forth on his errand to kill a fellow being usually with the naked fist. Ho said the evidenoo of the State was enough to prove that Osborne is of unsound mind. He argued strongly on tho question of self defense, upon the question of whether or not the blows inflicted by Osborne killed old man Busen-

bark, upqjpi the previous good character of Osborne and upon all the case generally. Mr. Amsden spoke of the coldness of Laura Osborne towards the prisoner, called her heartless, sonlless and said she may have some motive in wishing Joe hanged or sent to the penitentiary, since she would become the joint heir with her children to Joe’s property. The first night session of rhe trial was held last evening and though it was not announced untiil late afternoon, the court room was crowded. Mr. Amsdou stated that almost before tho arguments in this case are closed, tho bells will begin to peal the glad tidings of Christmas day, anniversary of the day when Christ gave his life and said “Peace on earth good will to men." As Mr. Amsdon closed his arguments with this appeal wept and almost broke down as ho said, “nodifference what your verdict, it will Ik: doom for this defendant as the law provides a shelter for the insane man.” Mrs. Osborne was not present that evening, this being her first absence since the trial began. MORNING SESSION. Daniel D. Heller tegan his speech at eight o’olock Thursday and even at that early hour quite a crowd was present to hear him and people continued coming all the time he was speaking, the court room Ix'ing packed long before the learned Judge closed his argument. Even in his younger days Judge Heller sercely excelled his plea of today in behalf of his client, Earnest, honest, forceful and convincing ho plead for the lilxrty of Joe Osborne. He cited various law cast's, separated the evidence in a clear and concise manner and the jury apparently paid tho closest attention to his words. He dwelt upon the eloverness and honesty of all the witnesses on both sides, botli from Grant and Adams county. He paid especial attention to tho plea of insanity us a defense and argued each point, of the evidence on this question well. The attorney said the only possible result int his case even if it was found that Joe Osborne is of sound mind, would be a conviction for manslaughter, Tint be insisted strongly that it would be a blot upon tho proud history of Adams county to eonvict Joe Osborne, when his unsoundness of mind has teen so clearly established. Judge Heller staled that ho was not feeling strong enough to make the speech he would like to in this case, but nevertheless his argument was

strong, powerful and effective. Ho spoke of Joe's old gray haired father and the injustice it would he to him to hang or send to the penitentiary his crazy son. He read from the 123 Indiana report a ca«e in which the jury were instructed as to this duty regarding the insanity plea. He closed at 10:12 after speaking over two hours, and as in their closing sentence he spoke of tho duty of the jury and their thoughts on Christmas day, there was] many a tearful eye in tho court room. David E. Smith, made the closing arguments for the defense, in the murder case, and made one of the most brilliant orations ever heard in this or any other county in Indiana, and proved himself one of tho best criminal lawyers in this great commonwealth. Ho Opened by saying- tbat the defense had selected the jury because they believed them men of good judgement. that the jury are the judges of the law, tho'evidence and tho facts. Continuing he read from a number of authorities the important law to he considered in this case, as he become interested in his task, the lawyer unbuttoned his coat and vest, took off his collar and tie and gave himself full vent in his earnest pleading to the jury and in behalf of the man he believes of unsound mind. He said the counsel for the defense have felt lor the past ten days tho responsibility upon them, in representing a man charge with the highest crime, but that responsibility will soon shift from our shoulders to yours, gentlemen do vour duty. Mr. Smith be- ■ ran shaking at 10 : :S0 and continued until twelve o’clock when court adjourned tor dinner. Mr. Smith spoke in the earnest and sincere manner for which he is so well known, holding the attention of tho juror, pleading well tor his client, describing the law. and holding well in hand his defense. During the last half hour of his speech the flow of oratory from Mr. Smith's throat, came in an unceas-

ing stream of brilliancy, pleading for a finding of insanity for the defendant, scoring witnesses who in his opinion had over reached the mark, and impressing every one wilh his talent and ability. His speech was the strong argument of a strong lawyer. He spoke for over an hour and a half, closing at noon when court adjourned until two o’clock. The defense used over five hours of the six allowed them for argument. John C. Moran, prosecutor, began promptly and two o’clock and made the speech of his life. Before beginning and during the first part of his argument the able young lawyer slightly nervous, but after talking a few moments he lost all traces of any signs but earnestly and seemed to put his whole soul into his effort. Ho began by saying that his duty in representing the state of Indiana was a sworn one, that he believed the prosecutor had proven that Joe Osborne had killed John Bnsenbark and is gnilty of murder in the first degree. At one time during the early part of his speech he took the knife found in possession of Joe after his arrest and said, "when Joe Osborne struck John Busenbark with this knife,” at this point Mr. Amsden for tho defense objected because such a fact was not proven, objection was overruled by Judge Erwin as was another similar one a few moments later. The prosecutor anwsered tho speeches of attorneys Amsden, Heller and Smith, went over tho testimony, presented his case thoroughly and for over two hours made telling attacks on tho arguments hoard previously, He demanded justice and read the statutes covering tho crimes charge. He ridiculed some of the testimony of the physicians, made several startling statements and tlio big crowd in tho court 1 room listened almost breathlessly. | He closed by demanding a verdict; for guilty of murder in the first) degree. Laura Osborne wife of the defen dant was not in court Thursday. T.ie trial has been purely a business affair with her is evidenced by the fact that she has claimed her witness fees, the record showing “Laura Osborne, $10.40, eight days and eight miles.” However it is , only fair to state nearly all the wit-j nesses including Joe’s Grant county j friends have claimed their fees. Judge Erwin stated that he desir-, es to say that he has never known j of the trial of a murder case, whe n | the deportment of tho attending! crowds was so orderly and well behaved. The eastern pass agreement lias boon somewhat shattered by the decision of the management of the Erie railroad to issue exchange passes good over the entire system. Official notice of this decision said to have teen received by the executive committee of tho western pass agreement. The western lines will therefore receive • passes for their representatives, which will, be good in all tho eastern territory of the Erie in exchange, will secure similar favors for all of its traveling men in all western territory. It is being generally talked and where talked conceded that the decision of tho supremo court given in the Democrat Saturday, and which made richer Clerk Johnson to the the tune of $1950 and the estate of John 11. Lonba.rt is also a decision favoring county sheriffs and also allows them a per diem for attending the circuit court. In this event Sheriff Butler will benefit by the decision, as will aisoD. N. Erwin during his full two terms of four years, and also the estate of P. P. Ash bawdier for a small amount. From the reading of the opinion it does not take much of a philosopher to figure out that the future of the fee and salary law is but a ghost of what those pretended for it, when it teoame ala w. As it now stands it is simply a snare and a delusion, and its early reproal may >k-expect-ed. With all tho additions and allowances that have been tacked on by one court and another, tho salaries and cost of county governments if anything exceed the old fee system, which was debased and maligned by the reformers who in auguratel a reform in the salaries of county officers. The Democrat telieves the. fee system is the lair and business way of regulating the salaries of county officers. The leg islature should regulate the fees so thev would te fair and not excessive." but it is the fairway te pay an officer.

Trusteo G. W. Rupright and wife were at home to about thiry-five of their relatives Christmas day, including all their children and grand children and a few other friends. A big dinner was served, presents were exchanegd and it is a safe statement that no home in Adams county was happier than the Rupright mansion in Preble township. The highest priced train that ever traveled i'Wells county was the first regular train on the Cincinnati, Bluffton & Chicago which ran from Bluffton to Ponnville Sinday foronoon. For tho one trip of an engine and box oar tax payers of Bluffton and Pennville and the township in which they are situated will pay $56,000. Os this Penn township pays $19,500 and this township $36,500. In the petitions for subsidies filed by tho road it was stated that in order to collect the subsidies then asked tho road should build tho lino from Bluffton to Pennville and a train should be run over the line by January first 1901. Tho last condition for the payment of the subsidies has teen fulfilled and the tax will now be placed on tho duplicate.—Bluffton News. Tho operetta, “Alice in Wonderland” that was presented at Bosse’s opera house Saturday evening and given under tho auspices of the Ladies Aid Society of tho Christian church was greeted by a large and enthusiastic audience and was well worth the price of admission. The chorus was composed of about seventy five young ladies and tho music rendered was fine, tho costumes were in some of the parts gorgeous and in others a most hideous [ ones worn and certainly was appreciated by all. The parts taken showed good judgment and under the skillful directions of Hope Leonard the production was wrought up to a high standard. From reports of the same the entertainment was a decided financial I success, and these ladies undertake! anything else of this kind in the fu- j ture they will te greeted by a full | house. From tho Wellington. 0.. Enter-[ prise we clip the following, which j deeply concerns a brother of Frank A. Dibble of this city. About, five] o’clock last Friday morning, soon' after Mr. L. H. Dibble had teen; out to his large barn in the roar j of his home to feed his horses, [ and had sat 'down to breakfast, j it was discovered that the barn was afire. Mr. Dibble hurried to the rescue of liis five horses thus had alreay been harnessed for the coming day’s work, but after sevreal heroic efforts on his part to release thorn from destruction, barely escape death himself. His face and hands were somewhat burned, and before the department arrived upon the scene the building was fully enveloped in flames and beyond being saved. The lire department did good work immediately upon Us arrival, and us good luck would liavo it the fresh fall of snow the night before had covered the adjoining properties. It was a very hot tiro indeed, the flames penetrating the air fully fifty feet, while the sparks wore carried by the wind upon the buildings for a block or more away. Under certain conditions it might have been a far more serious conflagration. Mr. Dibble's loss is partly covered by insurance. He had considerable ha y and grain in tho barn, and the people who responded to the alarm, did all in I their power to save his property. The horses wore burned in their [ stalls, horse Tike refusing to release I themselves, and Mr. Dibble’s loss will probably roach $2,500. Tho cause of the tire is not positively known but it is supposed to have caught, from a lantern upturned by a dog that was in tho tern when Air. Dibble went to breakfast. Sage & Go., hold the insurance.

nnnnnnnn ruinn arum ru>nJ'inm m O J1 onnnj>n nnrulmvvl rurnn rjinnnn. JURY SECRETS. | First Ballot on Guilt 11 to 1 ; Second “ “ “ 12 to 0 i ! First Ballot on Insanity ■■ ■ ■ 9 to 3 ! Second “ “ “ 11 to 1 t Third “ “ “ . s • •• ! 12 to 0 !; I No vote cast for first degree murder. * VERDICT: Life imprisonment, determined on i ; second ballot. In all seven ballots were taken. !•

: Tho Marion county grand jury f have completed its investigation of • tho Purdue wreck. The blame for ! the wreck was placed on an alleged ■ lack of system and lack of co-opera-tion in the rail way company’s work : and to an imperfect system of train handling. The report says no good would come from the prosecution of any persons connected with the railroad, which action would be very expensive to tho county. It is recommended that a law be passed by tlio next legislature providing that a baggage car shall be placed between the engine and tho first passenger coach, and that a dereliction of duty shall te an offense that may charge a man with manslaughter. Judge Watkins of Huntington is the presiding judge in an interest ing ease at Bluffton. It is tho case of Stafo of Indiana vs ten boys,sons of well to do Bluffton parents, the charge being assault and battery. Tho boys belong to a high school fraternity and last April initiated four other boys. Part of the initiation required that candidates bo beaten thoroughly with clubs, and tho candidates allege that the members overdid tho work. Besides beating tho boys with paddles they were taken to a cemetery, and after listening to a blood curdling oath, were hoisted to a limb of a, treo and made to jump. Later their feet were tied together and they were also compelled to sing solos in front of Miss Stella Vaughn’s window, one of their teachers, and as a crowning indignity they were made to pay for a. lunch they were not permitted to eat. One of tho boys initiated, Ralph Mcßride, died last September as result, of liis injuries. Ho was bruised on tho log and blood poisoning set in. Resolutions of Respect. Resolutions of respect adopted by the members of Fort Wayne | council Knights of Columbus No. j 151 in memory of Brother Leopold Yager who died at. Decatur, Ind., jon the 10 day of December in tho i year of ono thousand nine hundred i and three. Whereas, The members of I Fort Wayne Council Number | four hundred an fifty one, have [learned with tho deepest sorrowland regret of the death of our res- [ pected and beloved brother Leopold | Yager, of Decatur ind. Be It. Resolved, That the purity [and sincerity of his character was ever worthy of emulation. That his love and kindness for his fellow men was true and unselfish. That the industry and rectitude of his life can merit only the most enduring reward. That by the death of a brother so worthy of the esteem and lo vo of his fellow mon, tho members of this council have sustained a grievous loss. Bo it. further Resolved, That the members of this council express their heartfelt sympathy to the members of his bereaved family, and present to them a copy of these resolutions. That in respect to hismemory the charter of this council te draped in mourning for a period of thirty days from the adoption of these resolutions. That a requiem mass bo offered in his parish church in memory of liis departed soul. That a copy of these resolutions he spread upon the minutes of this council and a copy published in the newspapers of Decatur, Ind. in testimony of which the committee appointed by the Grand Knight of Fort Wayne Council, Knights of (YJum bus, number four hundred and fifty one for tho purpose of drafting and presenting resolutions in memory of the doeeas* d have signed their names hereto this fourteenth day of December in tlio year of our Lord, ono thousand, nine hundred and three. <’. At. Hizer. Grand Knight, K. L. Carroll, D. D. Clark. E X. Ehinger, C. S. Niblick, Committee.