Decatur Democrat, Volume 47, Number 49, Decatur, Adams County, 11 February 1904 — Page 2

Coroner's s,ar,li " 9 Ttshm, ’ ,w voronci s That lmPlicates Lute Verdict Collins.

Coroner C. H. Schenk has filed his verdict and inquest proceedings in the death of Malissie Smitley, whose sad death occurred Monday. The veridct reads as follows: “I, C. H. Schenk, coroner <f Adams county, having examined the body of Malissie Smitley and heard the testimony of tne witnesses which said testimony is hereunto attached do hereby find that said deceased camo to her death at the home of hor parents in Jefferson township on Mio first day of February 1904 from the effects of some drastic purgative drug taken or administered for the purpose of producing abortion. The said deceased being a female of the age of nineteen years, seven months and fourteen days. She was five feet, seven inches in height, black hair, brown eyes, dark complexion. Signed, C. H. Schenk, Coroner. To this regular form is attached the evidence of severl witnesses: DR. R. S. WILSON. First asked to prescribe for Mullissie Smitley January 30, found her suffering from terrible drug effects, left medicine and directions for giving same with her nurse, Mr. Clark; was called back by telenhone about 9:30 p. in. same day, reached there at 11:40, found hor purging and prostrated, the nurse telling me that there had been something given her by Mr. Collins. I told patient and friends that she was poisoned and would die within thirty-six hours. She refused to allow me to make examinaton. Saw her next afternoon, condition worse, made examinaton, found her pregnant about three months. She admitted it, and said that she had taken something to procure abortion. I asked her who done it and she said “LUTE.” I asked her who Lute was and she said “LUTE COLLINS.” Saw her no more alive, refused to sign death certificate thus forcing them to call the coroner. The nurse told me when I was th ore that at one time Mr. Collins went into the room, raised the girl up in upright position and gave her something contrary to my orders. Mr. Collins said it was pop < )ther statements were made to me but I don’t want to divulge them unless compelled to do so." W. A. CLARK. Nursed Malissie, she was sick two days, first noticed her illness Friday evening. On Sunday she told me her condition and that Luther was responsible. Collins came to her room Saturday night and gave patient what he said was pop. She was very sick Sunday and died at two o’clock Monday morning. MRS. VIRGINIA SMITLEY. Mother of deceased girl, Malissie had been at home most of winter, I did not know that she was ](regnant, took sick Friday, complained of camps, does not know of deceased taking any medicine before. MRS. BERTHA FOREMAN. Sister of deceased girl, she was sick three days. She told me of her condition and said Luther Collins was responsible. She did not tell me she had taken any medicine. Following this evidence is a post mortem statement of Drs. R. S. Wilson and E. Franz, giving her exact conditionand sayingthatdeath in their opinion was caused by a drug given her for abortion. Sheirff Butler and Prosecutor Moran returned from Berne last evening. No one has yet filed an affidavit and until this is done no arrest can be made until an indictment is returned by the grand jury. It is believed that some one will

| DR. CANADA J I Ophthalmic Specialist. 1 ■ Practice limited to the oorrec- H tion of defects of the eye. Glasses M fitted to relieve strain, with its ■ k numerous functional symptoms: BE to improve vision and for loss of iK accommodation due to age. ||| 8 REFERENCES THE BEST. S At Dr. Coverdale’s office, at ■ S Decatur. lad., K First Tuesday each month

file the papers within a day or two. CLAIMS INNOCENCE. Luther Collins, the accused man, and who is the husband of the deceased girls sister stoutly proclaims his innocence and says he can prove same. He telephoned the officers here from Chatanooga this morning saying ho was not guilty and that whenever he was wanted he would come to Decatur and give himself up, without a requisition or any other unnecessary trouble. A PECULIAR CASE. The occurrence has some strange incidents attached to it and proves that some one has seemed determined to wreck the life of Malissie Smitley. This is the third time within three years that she had bsen pregnant and she charged her brother-in-law on her death bed and at other times, as the cause of her ruin. She leaves a child two years old and had previously suffered a miscarriage. Still Luther Collins proclaims his innocense and there are some who think that he may be the victim of some other mans perfidy. Judge Erwin was busy Monday afternoon hearing exceptions to the final report of Aamda A. Cothrell, administratrix of General B. Cottrell estate. The attorneys in the case were C. J. Lutz, F. M. Cottrell, J. C. Moran and Schafer Peterson. Court convened this morning but adjourned immedi ately to allow attorneys and court o fficials to attend the funeral services of Mrs. Ernst. Did you ever stop to think of the patience required by the editor of a country daily newspaper? Well you should try the business when every machine in the office begins to buck just at press time, and then when by a almost superhuman effort you get things started nicely and two or three belts break. ’Tis enough to make the most religious decon forget his vows and its little wonder that on such occasions the air looks blue. When the papers are late remember that the editor hates it worse than you do. “Almost all our customers are kicking like steers,” said a local grocer last night “because of the flighty price of coffee.” “It is true," he continued, “that the price of coffee is high, five cents higher than it was at this time last year, but it is no fault of ours. A small crop is the fault of it all. Some of the big growers of South America got so disgusted with the price of coffee when it was down that they stopped growing it and the consequence was a great shortage in the crop. There were only 850,000,000 sacks of coffee brought into this country this year compared with one hundred and thirty millions the year before and this decrease has caused the price of the beverage to sour. The protracted services at the Methodist church are still on, it being announced at the meeting Sunday that they would continue until further notice. These meetings have been the means of much good in every way, a general revival of the Christian spirit being very much in evidence ever since the meetings began, several weeks ago. These services together with the many other duties of Pastor White has lieen very telling upon his usual robust health, but he has stood the strain manfully and perhaps will regret the close of the meetings more than any one else. This reminds us that in two months more the conference year closes, and with it the first year of the pastorate of Rev. John C. White. In that brief year he has clearly endeared himself to his conrgegation and to everyone else in fact and demonstrated his ability as a speaker and a minister of the gospel. He has recognized ability and compares favorably with the most able minister of this or any other conference. There will Im l a united appeal for his return and this is as it should be. You can almost hear the cry of alarm that will predominate at. the end of the five years, when the laws of the church will change him to another field in spite of the appeals and protests of those who would have him remain. Change the laws.

Jacob Ktz. the well known harness and buggy uealei who has been in business on North Second street for several years has sold a half interest to Charles Steele, the new firm being known as Atz & Steele. Both are thorough business men and will take an I earnest effort to secure their share of the business of this community. They will increase thier stock of buggies, carriages and harness and will also put in stock a complete line of farming impliments. They will handle the highest grade of goods and will appreciate a share of anyone’s patronage. W. E. Hale, who has been em ployed as General Manager by A. Tubman on the grading of the Fort Wayne and Springfield interurban railway has resigned his position and loft Monday evening for Adrian, Mioh., where he will engage in same business. While here Mr. Hale has made a great many friends who regret to see him go, but as the position he will accept is something better they all join in wishing him scucess. While here he has proven thorough ly honest and reliable and those who had the business dealings with him very much regret his departure. Mont Feo , formerly day clerk at the Murray Hotel has accepted his poistion and will act in the same capacity. Fred Scheiman the popular meat man, located on Madison streetwas united in marriage Sunday even ing at 5:30 o’clock to Miss Lizzie Koeneman at the home of the bride’s parents five and one half miles north west of this city. The creemony was performed by Rev. Clausing, and was attended by only the immediate relatives and a few specially invited guests. After the ceremony a fine wedding supper was served. The newly married couple were the recipients of a number of handsome and useful presents. They will be at home to their many friends in their new borne on North Third street. The Democrat joins with their jheir many friends in wishing a happy married life. Should the supreme court affirm the decision of Judge Artman and Judge Downey in declaring the apportionment law of Indiana unconstitutional, and it is generally conceded that the decisions of the lower court will be sustained, the apportionment law of 1897 will be in force. When asked if he anticipated calling an extra session of the Legislature to pass a new apporionment law in case the law of 1903 is declared bad, Governor Durbin emphatically said he did not intend to call the extra session and furthermore that he has never thought of such a thing. The matter has been suggested to the Governor by the politicians who have been building their fences on the apportionment of 1903. Declaring the law unconstitutionl will make useless some of the work that has been done in the counties particularly affected by the apportionment.—lndianapolis News. The case of Joseph D. Moser vs Sarah Hirschy, complaint to have the defendant declaerd of unsound mind, was heard by Judge Erwin Friday morning. Sarah is a young lady who has just become of age and who has S6OO which has heretofore been under the care of Mr. Moser, her guardian. Sarah who is religiously inclined said on the witness stand that she wished to gain possession of her money that she might give to the poor and needy when she wanted to. Judge Erwin took the question under advisment. In justice to Mr. Moser, it should be stated that his motive in this case are of the purest. He does not want to be the guardian but believes that for her own good and future welfare she should be protected by a guardian appointed by the court. The exact sum of her wealth is s6ll and if she provides for herself in the future she will not be able to contribute much to the poor heathen as she expressed it.

IE Th* 0 KK SPR £M) ?jl| K F O rM> Brea S jl |K/(af» E | SkW- c°**' yWP :d|l

The case of John S. Bowers vs the City of Decatur and the officials of same has been set for trial before fudge Smith of Portland on next Monday and is expected to go to trial at that time. This is the suit brought to collect payment, for the construction of Elm street sewer about SIB,OOO being involved. The plaintiff is represented by D. D. Heller & Son, R. S. Peterson. J. T. Merryman and Colerick and France of Fort Wayne. The case is a very important one and the result will be awaited with interest. Fred Koldeway, trustee of Union township brought in a fine load of hogs Thursday, nine in number which weighed just 3,030 pounds for which he received the neat sum of $144.92. David Gerber purchased the same for the purpose of shipping them to an eastern market. Mr. Koldewey is very proud over his deal and docs not think there are nine hogs in the county anywhere that could equal the ones he sold. Hogs are now selling at a fancy price and it certainly pays the farmer to take pride in raising the same. The lenten season begins unusually early this year. Februray 1< will be Ash Wednesday, and Easter Sunday conies on April 3. The dat eof Good friday this year is April 1. The remainder of the movable feasts rests with Easter, which is always the first Sunday after the 14th day of the calender moon, which days falls on or next after the 21st of March according to the rules laid down of the construction of the calender. The early date of Easter will no doubt in a measure detract from the popularity of the Easter bonnet, as the season will not be sufficiently advanced to warrant the wearing of summer headgear. Still the severe winter may result in an early spring and perfect an Easter day. There was a very staff meeting of the Decatur section of the Fort Wayne District of the Metropolitan Life Insurance Company here last Thursday in their new office in the Post Office building. The meeting was a pure and simple business one and one to offer some assistance to the new agents of the company. J. F. Conway, General Manager of the Fort Wayne District presided and offered some very good advice to the agents which if taken advantage of means more business to the company. W. E. Hixson of Bluffton, C. Walsh of Geneva and W. R. Neal and J. S. Peterson of this city were the onlookers who were striving to grasp this information so as to be able to do the business. This company is a very prosperous one and are doing a great amount of business whereever they establish an agency, and the Fort Wayne District which includes Allen, Adams and Wells counties is considered one of the best districts in the state. This is speaking very highly for its agents and managers. George Smitley, a brother of Malissa Smitley, appeared before Prosecuting Moran Monday morning and filed an affidavit against Luther Collins, charging him with having administered medicine and poison to said Malissa Smitley and in so doing caused her death. The affidavit covers four pages of legal cap paper and is in four counts, setting forth the following facts: “That Gorge Simtley, upon oath swears that Luther Collins on the 25th day of January, 1904, at and in Adams county, Indiana, did then and there felonously, unlawfuly and willfully prescribe and administer to one Malissa Smitley, who was then and there in a delicate condition as the said Luther Collins then and there well knew, certain drugs, medcinie, poisons and substance to this affidavit unknown with criminal intent such action not then and there being nceessary to preserve the life of said Malissa Smitely, in consequence (whereof the said woman died on February Ist.” The other three counts are practically identical with this one. Collins has been iin jail here since Saturday. He I has employed Attorney C. J. Lutz to defend him. The affidavit with information will be filed in circuit court this afternoon and Judge Erwin will place Collins bond, it is thought at SI,OOO, which the defendant says he can give without • trouble and thus gain his liberty. I The case will not be called for trial it is believed before the April term of court. While here today Georg® Smitley called at the jail to see Collins but he refused to talk and turned his back upon his brother I in law.

A Fort Wayne dispatch is as follows: “By an order of the pope sent out on la-’ Saturday the choirs in the Roman Cathode ohurohej of the Fort Wayne diocese will have to be organized and the voue ( ,f women singers, which have mingled with the men in praise and adoration will be done a wav with. The order from Rome is a mandatory one and demands that in the future women take no part in the choirs of Roman Utholic churches. In place of the women the order states that then places in the choir shall be fillei with boys who are able to carry the soprano and alto parts. e order will be effective in all churches of this country. Real Estate Transfers. Zora Cook to John A. Cook lot 276 Decatur, SIOO. Fred Buess to W. H. Parr lot la Berne $1350. Fred Buess to Bertram Parr lot 16 Berne $l6O. Luella Sullivan to W. H. Parr lot 360 Berne $855. Stephen Kistler to Jesse W. Stoneburner pt sec 27 Kirkland tp SSOOO.

Public Sale. The undersigned will offer for sale at his residence, one mile northwest of Poe, Ind., on Monday. February 15 one team of horses, 1 coming 3-year old colt, 2 milch cows, be fresh soon: I 2 year-old steer, 11 rear old steer, 4 brood sows, 24 shoats, 18 head of ewes. 1 ram, 1 hay rake, 1 corn planter, 1 riding breaking plow, 1 grain binder. 1 riding corn plow, fanning mill, land roller, spring tooth harrow, bob sleds, farm wagon, 2 sets of heavy harness, 2 sets single harness, 2 top buggies, hay rack, set of dump boards, hay in mow, grain drill, corn sheller. disk harrow, iron kettle, lard press, mowing machine, grind stone, household furniture and other articles too numerous to mention. Terms of Sale—On all sums under 85, cash in hand; ?•> and over a credit of nine months, without interest, will be given: purchaser giving note with approved security, waiving valuation and appraisement laws. A discount of 5 percent for cash. Sale begins at 10 a. m. Roland Spangler. Fred Reppert. Auctioneer.

A great many women have the idea that sickness is the righteous inheritance of their sex. This is wrong. Dr. J. H. McLean’s liver and kidney Balm will correct irregularities peculiar to their diseases. For sale by druggists. NOTICE. I am doing shoe repairing and am located in Kauffman & Smith’s har ness shop, next door to Schlegel’s blacksmith shop. Bring in your shoes if they need any repairing. Peter Center. Farmers Take Notice. Are your hogs and chickens healthy and in as thriving condition as you would like to have them, if not, feed them Egyptian Hog and Chicken Cholera Remedy. Put up in gallon and half gallon cans. For sale at the old reliable drug store, Smith, Yager & Falk. 48tf

...Wai Advertising... APPOINTMENT OF ADMINISTRATRIX. Notice is hereby given that the undersigned has been appointed Administratrix of the estate of Elizabeth D. Walters late of Adams county, deceased. The estate is probably solvent Edith V. Walters, Administratrix Jan. 8», 1904. 49.3

of administrator. Notice is hereby given that the undersigned has been appointed administrator de bonis non. of the estate of Isreal Stoneburner late of Adams county, deceased. The estate Is probably solvent. Jesse W, Stonebl kxeh. Administrator. Deßonis Non. Feb. 1.1901, 47-3 Clark .1. Ltuz, Att y. Notice of administrator s sale OF REAL ESTATE. Notice is hereby given that the undersigned. as administrator of the estate of Ellz i I McConnehey, deceased, agreeable to the order of the Adams circuit court, of Adams county. Indian, on Tuesday. March 15, 1904, at Hie east door of the court house, in the dty of Decatur. Indiana, will offer for sale at public sale,free of all liens, the fee simp eof the following described real estate situate in the city of Decatur, in the county of Adan s in the state of Indiana, to-wit: ' Adams. Inlots number 870,874, 875 87s and st- n Eliza J. MeConuehey s sub-division o on 1 “ number 281 in Cook's addition to the town now city, of Decatur. town, .. T h V of tbe purchase money •a MJ on day of sale, one-third in nine month* n?« a u n ’’’iu!r ,n . e,?hleen months from day of sale Deferred payments shall tear six »;> per cent interest trom day of sale until paid gage set uritj on the real estate sold. .t.^J* leor sales a nd the security on the deferred payments to be made and taken e, ’”‘™'™nid appn,v ;l 1 0 f WILLARD B. SETTLES, i February 11. ii«u Administrator. 4 Merryman & Sutton. Attorneys, 49 ' 4

APPLICATION I To the citizens of the Second „», H . city oi Decatur Indiana, and m th. - B of the said city of Decatur, Adam. Indiana. c ''unt T Notice Is hereby Riven that | o„ Kademackrr. a male inhabit;,,,, city, conn y and state, over tl„ ’Wt one years, a person not in th- , Jhcoming intoxicated. will make ;, >~,i the board of commlssio ersatth. r , lll « ctilar session in. March, lf*i4. tor „ sell spirituous.x inous and malt i|n, >• quantities than a quart ala time. to £ ">*•» ' where sold. In a room situated on th,' ine premises, to-wit: ru Hu». j Sixteen and one-half feet off O s the . part of inlot No #1 in said city, s„ r ,’ < ’ un > situated on the ground floor of the saldW* I ing and fronts on Second street, in the citv. end is T- feet tn length and be f, j*!' l width and lias both front and roar 1 "> 4 s_3 OORNELIUS > Abmicant APPLICATION FOR LIQUOR LICENSE. To the citizens of the Second Want ~<• of Decatur, Adams county. Indiana ' ’ Notice is hereby given that I. John n..» ' a male inhabitant of said state, over £ a-, ~f twenty-one years, and a person nu tL the habit of becoming Intoxicated. w|n n .‘? application to the board of county a,oners at tlieir next, regular ses s i„ n (i) M » I'.KM. for a license to sell spirituous. vi noß and malt liquors in less quantities than , quart at a time, to be drank where sold < and at the one story frame building frontin. on Second street, said building harina a tition 41* feet back from the front, and t a a room being a store room tor bulk I'qu,,*, .1 tinted on the following described premise,!, the city of Decatur. Adams county, and stab of Indiana, to wit: Commencing at the southeast corner of;, lot number (60) in the city of Decatur. Adan, cotin’y in the state of Indiana, rnnnitg thence west a.on? the alley one hundred ano th'rry-t wot 132) f< Ct to the alley at the wen end of said lot; thence north twentv-onefii feet. th> nee east parallel with the south |, n , of said inlot number sixty (60). elghty-nin» ,St) feet, thence south five (5> feet paralH with Second street in said city thenceeast parallel wi h the south line of said lot fortj three (43) feet to Second street 10 the place of beginning. JOHN MEYER. Applicant, application for liquor i.ici-sei Notice is hereby given bv the undersigns a male inhabitant of the state of Indiana over the age of twenty-one year- and a person not in tlie habit of becoming intoxicated, to’the citizens of the First ward in the city of Ddfatnr. Adams county. Indiana and tothe citizens of said city that he will makeapplio,. tion t > the board of commissioners ..f tdama comity. Indiana, at their next regular ses~io« in March. 190-1. for a license to sell spiritual* vinous and malt bqnors in le«s qusntitles than five gallons at one time and also in less <juwtines than a quart nt a time to be use 1 an< dr-ink where sold in the building situaledo, the following described premises in the city of Drcatur. in said county and state. Conmencing at the comer of the street on iheast line of lot No 335 in the southern addition to the town, now city of Decatur, run ning thence west along the line of the street 132 feet, thence south parallel with Winchesterstreet 40 feet, thenceeast parallel wlththe first line 132 feet to Winchester street, thence north along Winchester street 40 feet to the place of beginning. The room to be .1 feet wide and 30 feet longsltuated in the northeast corner of the above described lot and fronting on Winchester street and the same being on the ground floor as >he same is desiirnaieg nn the recorded plat of sald’town. now city ot Decatur, Indiana 4841 JOHN BCHAITEB

REPLICATION FOR LIQUOR LICFNnIt The undersignedjHenry Koenemann.a mile inhabitant of the city of Decatur. Indiana and over the age of 21 years, a person nnt ia the habit of becoming intoxicated, hereby gives notice to the citizens and voters of tin' Second ward, in the city of Decatur. Indiana and to the citizens and voters of W’ashinrtiri township. Adams county. Indiana, that ho will apply to the board of commissioners of Adams county, state of Indiana, at their March term. liMM. fora license to sell intoxicating, spirituous. vinous, malt and all other Intoxicating liquors in less quantities than a quart ata time, with the privilege of allowing thesamv to be drank on the premises where sold. My place of business whereon said liquors are be sold and drank is situated in a room on th*' following real estate, to-wit: Commencing 20 feet south of the northwest corner of inlot. No. st». running thence cs-t parallel with the nor*h line of said inlot 1*! f* t. thence south 21 l -. feet, thence vo l ' - feet thence north 21'. feet to the piac of ‘ • ginning, which is on »he east side of ' < - i street in the city of Decatur. Indiana, n - county aforesaid. on the first flooi ofsaii building in which said room is situated. Said building being a brick building two st or • 4 high, floating to the west, and ’front;:.n "» Second street aforesaid and)known as die John W. Voglewede building. All in t'r*>- ’ ond ward in the city of Decatur, in U -Im / ton township, ni Atlanta county, in th' >tate of Indiana P-3 HENRY KOENEMANN Applicant VER’S SALE I’he undersigned will offer for sale on Friday, February 12,1904, on what is know n as the Julius Ilaugk farm four miles east of Decatur, Indiana. Two brood mares. 1 3-year-old mare. 2 w horses. 1 spring colt. 1 milch cow. 1 3-year- .ct steer. 12-year-old steer. 3 3-year-old stcrfibrood sows, will farrow in April: 1 boar <» shouts, 15 tons of hay in mow. HOC* bushel-' '•orn in crib, lot of oats In bin. seveial perch of building stone. 1 binder. 1 mower. 1 new check row corn planter. 1 new disc han * 1 spike tooth harrow. 1 2-horse wagon • '* 1 riding corn cultivator, 2 breaking plow- I single shovel plow. 2 double set work harm ' 1 2-horse carriage. 1 double‘set •arriage Is i nessand other articles too numerous to m- ntion. TERMS OF SALE: Sums of $5 00 or less, cash; sums over SV I *' i credit of nine months will be given. Pei chaser to give note tearing six percent inter est from maturity, and be securned to no satisfaction of the undersigned. No articles removed until settlement tbei' for is made. George W. Baitskrman. Receh Fred Reppert. Auctioneer. 46-4 Erwin & Erwin, Attorney' NOTICE OF HEARING OF DITCH PETITION In the matter of the petition of Miles 'A. Hemmerick Notice is hereby given that apetition baton filed with the auditor of Adams county state of Indiana, and viewers have been an pointed who have viewed and reported sa •' yjpw. which is on tile in my office. The hear ingof said petition upon its merits will be <-• Monday, March 7, 1904. the same being the first day of the Marek term. 1904. of the board of commissioner* of Adams county. Indiana. The prayer of said petition is that a ditch be constructed on the following route, to wit Commencing at a point ten (10) rods we*‘ and ten (10) rods south of the northeast cor nerof the northwest quarter of section fit tern (15). township twenty-six north, rang' fifteen (15) east, in Adams county. Indiana Running thence north 40 degrees west 1*» rodthence north 5 degrees east. 21 rods: them’*' ■ north 37 degrees east, 30 rods: thence north I 111 rods; thence west 102 rods; thence north 4<’ degrees west 9 rods; thence north 67 d« I grees west. 12 rods: thence north 43 degree* west, 12 rods; thence south SO degrees west " rods; thence south 65 degrees west. 6 rods: thence north 45 degrees west. 6 rods: then—north S 5 degrees west. 10'., rods, and tern nating in Blue Creek at a point in rods east and 19rods north of the southeast corner j the east half of the northeast quarter of sec tion township and range heretofore in' ’' tinned. Passing through and affecting the lands of Christopher Byer. Windford M ffuhm. ■ 1 Kauffman. Alexander Garwood. Eliza both Parks, .loseph Sims, W, and S Nancy Passwater. Charles Morrison. Miles'' I Hemmenck. and Blue Creek township - I shown by the viewers report. ARE ROC IL | Auditor Adams county,