Decatur Democrat, Volume 47, Number 49, Decatur, Adams County, 11 February 1904 — Page 4

THE DEMOCRAT HVKKY THURSDAY MGKNING BY LEW G. ELLINGHAM, PUBLISHER. HOOPER YEAR IN ADVANCE. Entered at tie - post ‘ thee :>.t 1 u-cntur. Indiana, rs second-class mail matter OFFICIAL PAPER OF ADAMS COUNTY. THURSDAY FEBRUARY 11, 1904. THE TICKET For Joint Senator JOHN W. TYNDALL For Representative JOHN W. VIZARD For Prosecutor JOHN MORAN For Auditor C. D. LEWTON Fcr Sheriff ALBERT A. BUTLER For Surveyor L. L. BAUMGARTNER For Coroner JOHN S. FALK For Commissioner First District DAVID WERLING For Commissioner Third District JACOB ABNET Fort Wayne newspapers are now having a somewhat heated discussion upon the merits and demerits of their water supply. This is the first intimation given the outside world that water had any standing in that city. The Mid-winter meeting of the Indiana Democratic Editorial Associtaion was held at Indianapolis Thursday and was the most enthusiastic ever held. Seventy five members were present and officers were elected as follows: President. A. J.Dipboy, Columbus; first vice president, L. G. Ellingham, Decatur ; second vice president, E. E. Cox, Hartford City; secretary, W. S. Chambrs New Castle; treasurer. A D. Moffett, Elwood. A reception to Mayor Dunlap was among the social features of the present congressional primary, and took place Friday evening at the parlors of the Murray Hotel. It is unneces sary to appear in full dress and patent leathers, as those it charge will ex tend the right hand of fellowship to any that may call, the only credentials necessary aeing a free and easy promise to support Mr. Dunlap for Congress. For the nerve already displayed, entitles Mr. Dunlap to a full house. The mid-winter meeting of the Democratic Editorial Association at the Grand Hotel, Indianapolis, was one of the best ever given. The attendance was large, and all the features of a social and business meeting were in evidence. Democracy fairly overflowed, and the public utterances, were of the 1904 pat tern and were given hearty endorsement. ft was decreed by the editors that the rank and file should have an inning, and that they instead of the leaders, should write the platform and name the candidates. This is the best kind of democracy and if adopted will result in uniting all hands for a final vi tory when the votes are to be counted. The Editorial Association is composed of strong and honest men and their efforts at this time to overthrow all dictatorial leadership will be appreciated by all ■those who have at heart the welfare of the democratic party. Notices have been sent out to all members of the old and new dem ocratic central committee of Adams county, to meet in this city on Thursday, February 18. The old committee will settle all unfinished business and clean the slate 1 while the new committee will organize by tha selection of a chairman, secretary and treasurer. Importance is lent to this meeting by the fact of the vacancy on the ticket of a commissioner from the third district, made so by the death of Jacob Abnet. who was nominated at the last primary election. The committee will doubtless also take some action in regard to the nomination of a county treasurer and county assessor, this being necessary in view of the advanced opinion on the unconstitutionality of the last legislative law extending the terms of certain county officers. In this county the new law favored the county treasurer, clerk, recorder. and county assessor, but if the opinion is rendered is upheld, these extensions are void. At present a county con venlion seems to be in popular favor, as it will prove the e isiest >in<l most inexpensive manner of completing the county ticket, and ar the same lime give genetai -tutisfaction. Before the nn*eting <»' th •co n nittco ou rhe, 18th t] cy v. ill doubtless appreciate some good sound advjce up in their duties in the preutiess. ‘ Ml .

Some years ago in the General Conference the time limit rule was stricken off the regulations governing the stay of M. E. ministers in any community. The fact was so widely circulate that every man, woman and child in the county knows it and when anyone at this late day talks of changing the law it makes one realize that there are Rip Van Winkles even i in Decatur. —Journal. How delightfully smart and yet how ill-bred. It is quite easy to take the measure of any newspaper intel ligence bureau, by it’s smattering j allusions to some one else’s ignorance. The time limit was lifted at a general i conference of the Methodist church in May, 1900, less than four years ago, and it is doubtful whether it will ever become a general rule as custom usually makes the law, and it will be hard indeed to break into Methodist diseiplins alter th,* many years of strict adherence thereto. But the Journal knew it that’s the joke. It | is handy to be smart, but to have the added honor of spreading it out on white paper, makes it glorious. The democratic state headquarters at Indianapolis are now open with secretary Reilly in charge, who will take active charge of the early work of organization which is to be undertaken at once. The headquarters for the time being will be located in one room of the Sentinel building. Later when more room is needed additional rooms will be taken in the same building. Chairman O’Brien does not propose going to Indianapolis to take up active work until it is nearly time for the state convention. Notices to county chairmen urging them to waste no time in the reorganization of the committees if this work has not already been done will be sent out at once. All the details of such work will be looked after by Secretary Reilly. It is Chairman O’Brien's plan to make a personal tour of the state this year such as he made two years ago, when he paid at least one visit to every county to discuss the situation with the county organizers. In that way he came in personal contact with the men who were looking after the party’s interests and learned the true condi tions. Addison C. Harris of Indianapolis at the request of James P. Goodrich, chairman of the republican state committee, has prepared an opinion on the constitutionality of the law passed by the legislature of 1903, extending the terms of certain county and judicial officers so that rhe terms of all such officers shall begin upon the same day and uniformity thereby be secured. Mr. Harris holds the law to bo unconstitutional and suggests that in all counties the nominations be made as usual this year. The law affects different offices in different counties, acting upon the advice of Mr. Harris the republican state committee will instruct the county organ izationsthroughout the state to make nominations this year as would have been done had the law not been passed. A friendly suit to test the law will be instituted and the case will lie carried to the supreme court for a final decision at the earliest possible moment. The law was passed last winter largely through the organized effort of the county officers of the state, the lobby being composed of both republican and democratic officers. The officers will make a vigorous fight to have the law upheld by the supreme court. They declare that they secured opionions from numerous prominent lawyers, including Attorney General C W. Miller, to the effect that the act would be constitutional, before they had the bill introduced. The only officer directly affected in this county is Treasurer J. H. Voglewede who may have to be a candidate again this year. Election Notice. Notice is hereby given that there will be held on the 19th day of February, 1904, a democrtic primary election for the purpose of nominating candidates for mayor, marshal, city clerk, city treasurer and two councilmen from each ward in the city of Decatur, Indiana, to be voted for at the May, 1904, election. Said primary will beheld under the rules and regulations of the Australian ballot system. All candilafes will pay their assessments to the secretary of the democratic city committee on or before ten days prior to date of holding the primary Unless assessments are so paid the name will not be placed on the ticket. John Mayer, Secretary. J. R. Parrish, Chairman. S t

MOTION OVERRULED. Judge Erwin yesterday, overruled the motion for a new trial ■ made by the attorneys for the de-1 sense in the case of the State vs I Joseph Osborne, and so vigorously argued yesterday. This moans that Joe will be sentenced to the Michigan City prison for life and will be taken there within the next month. The ease has been a remarkable one in various ways. Osborne was charged with murder in the first degree for having killed his father in law. John Busenbark, September Bth, last. John C. I Moran, prosecuting attorney, as-, sisted by C. J. Lutz made a vigorous and able fight and succeeded in securing from the hands of the jury, a verdict of guilty of murder in the second degree. The defendants counsel, D E. Smith, D. D. Heller and W. M. Amsden put up a noble defense and have given their best: efforts to their client, and will continue to do so, having given notice that the case will lie appealed to the supreme court. They have asked the court to withhold judgment for a few days to allow the court reporter, Huber DeVoss, time to prepare the transcript which will require 1000 pages and which with his other work can scarcely be completed withing the sixty days allowed by law. Osborne’s attorneys will make every effort to secure a reversal of the verdict. Judge Erwin's opinion required an hour. He carefully went over every part of the motion for a new trial and stated that during the trial of this case he had used his best efforts to give the defendant a fair and impartial trial, had looked up authorities in each instance when in doubt and believed he had decided fairly and impartial. He took up the motion as filed and said that he believed the verdict was not contrary to law, as to find one guilty of murder in the second degree it is not necessary to show intent but is sufficient •o show malice. That the verdict was not contrary to the evidence. On the misconduct of juror Kitson he spoke at length practically clear ing the juror of any wrong doing, saying that where there was any opportunity to meet the charges in the morion, the state and Mr. Kitson had the preponderance of evidence. Judge Erwin discussed the objections to the instruction of the court made by defendants attorneys and gave his opinion that they were fair and according to la w. Referring to objections to statements made by Mr. Moran in his closing argument he said the attorney had the right to infer what he did and to use the language '‘This is the knife used by Joe Osborne to to kill old man Busenbark.” To that jtart of the motion which refers to the court having wrongfully stricken out the evidence against Busenbark's previous character, and to the admission of certain evidence concerning the conversation when Joe said, “If he goes back on me, he will never go back on any one else.” Judge Erwin said he had no reason to change his rulings made during the trial and which he believes were right. The motion for a new trial was overruled. Defendant Osborne was in court and showed but little interest in the proceedings. AN ARREST MADE. BEDFORD, Ind., Feb. 9—James McDonald, the teamster whose testimony before the board ’of inquiry ■in the Bedford murder mystery I was to the effect that he walked home in front of Miss Shafer and Captain Alexander and met two ] men standing at the corner of the alley where the murder has been charged with the murder and wil be taken to Jeffersonville tonight. McDonald was later taken to the | Jeffersonville reformatory to avert a possible attempt at lynching. 1 The detectives claim to have much , circumstantial evidence of against I the prisoner. The motive of the crime, they say, was twofold, rob- I ery and assault. The latter was! unsucsessful, bur as to the former. Detective Reed will "not state ■ whether a clew had been secured. McDonald is the same party who has been before the court of inquiry several times." He is about thirty- ' five years old and has a wife and several step children. He has been employed by the Bedford Coal Mining Company for some time. Sam Frank who had his hand so badly mashed in an oil derrick a week or so ago, is recovering nicely. and hope# to go to work within a month

WAR NEWS Japanese Destroy Two Russian Cruisers Capture Transports With 2000 Men.— Rumor of Russian Victory. LONDON.. Feb. 10—Baron Haayshi, Japanese minister, has received official confirmation from Tokio of the destruction at Chemulpo of the Rusisan cruisers Variag and Konetz. LONDON, Feb. 10—Dispatch from Tokio says reported that three transports of Russian volunteers fleet conveying 2000 troops has been captured by the Japanese off the Korean coast. —o — VALADIVOSTOCK, Feb. 10— Private telegrams received here report the complete route of Japanese on the Yala river by the Russians. and also say that Cheinmlpo has been occupied by the Russians. CITY OFFICERS NOMINATED. BLUFFTON, Ind. Feb. 10—The Democrats here nominated the following city ticket yesterday: For Mayor. John Mock; Marshal, W. N. fox; Clerk, Ed Elliott; Treasurer, Fred Tangeman; Councilmen, First ward, Samuel Laniger; George T. Rinear; Second ward, J. C Clark, John A. Morris; Third ward, John Poffenberger and Charles P. Bender. —o— BLUFFTON. Ind., Feb. 10—An insanity board held an inquest on John Terrell, convicted of murder

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here, amtet 3 o’clock th is afternoon returned a verdict that he is of unsound mind. His ravings are terrible and he can be heard a block from the jail. Mrs. Lee Vance lost a fine white | embroidered center piece. It was lost i between Fifth and Tenth street, and the finder will be rewarded for its return.

DEMOCRATS WANT ANOTHER OPINION

Indianapolis, Feb. 10.—Tae cratic state committee will not a»ide by the decision of Addison C. Harris, attorney for the Republican state committee holding the law fixing the terms of the county officers unconstitutional. This law was enacted at the last session of the legislature upon request of the county officers' association. The purpose, as stated then, was to fix a uniform time for the beginning of terms but the result was to give many men now in office from a month to a year’s extra time. It also meant that many treasurers and clerks would not have to be elected this year as they would hold over until after the election of 1906. Harris holds that the law is not valid but Chairman O’Brien of the Democratic state committee is in doubt so he has referred the matter to Alonzo Greene Smith, for an opinion. In the meantime the Republican state committee is advising the county chairmen to see that nominations are made the same as they would have been if the law had not been enacted. Smith has not looked into the matter but he thinks there is some question whether or not the law is constitutional. The county offices are preparing to defend the law and a test suit will probably bo filed soon. Some of the Indiana members of congress are having to do the “hot foot” to hold their own in a political way. Congressman Cromer has been in Washington but one day of the session, having been given an indefinite leave of absence. He is now looking after his political fences and will not return to Washington until after the nomination is made. Congressman Fred Landis is having to spend considerable time at home looking after his fences. Congressman Holliday, ‘d’ the Fifth, also has his troubles, for two candidates have entered the field against him. Conressman Overstreet has not come home yet, but his faithful workers are looking closely liter his interests In th»

Mr. and Mrs. Dick Town 8n d w | cd from Chicago yesterday n I where they were spending ' ' honeymoon. | Mrs. Anna Slabaugb will sell J | her personal and household g()Od ' I the sale to occur on Thursday I ruary 18. Mrs. Slabaugb wjy „ to Columbus Ohio, and live wi a her daughter.

Second. Congressman Miers has ’ opposition as yet bill he is back and forth between home air Washington to see that nothing goe ’ on that will cause him to lose. Congressman Zenor is now at home making the fight of his life for a reno ni . ination with the chances about eve for him to win or lose John E. Lainb, of Terre Haute, former member of congress from the Fifth district, is ajrain coming to the front as a leader of the Democratic party. In the campaign of ’96 ana 1900 he was not active as he did nolike the Bryanistic platforms although he voted for the ticket. He is noted for the forcible way he has of making public statements. This is what ht says about the Democratic platform: "There is no more necessity of out declaring for the free and unlimited coinage ot silver than there is to reiterate the plank of ’64 that war was a failure. I have said several times and I am willing to repeat, it, that the face of the Democratic party is to the future and that those who are looking backward for issues will either hav. to get out of the way or be run over.' In other words Lamb probably mean* that neither Bryan nor any other mais to be permitted to block the way of the Democrats towards reorganization along old lines. It would not be surprising if Indians should furnish three candidates for vice-president. K seems to be the get eral opinion now that Senator Fairbanks will be the Republican nomine? for second place. There is talk of E F. Shively of South Bend for secooc place on the Democratic ticket The leaders of the party like the look.of the Indiana man and if he would consent ho would stand a fine show Then Felix T. McWhirter, of this city, is an active candidate for the Pr hibition nomination for vice-president and as the national convention will be held here and as this is one of th? banner Prohibition states he will stand good in way of winning