Daily Democrat, Volume 1, Number 37, Decatur, Adams County, 23 February 1903 — Page 1

VOLUME 1

A BATTLE ROYAL I I Big Legal Fight that Will Come Up Soon. A Soft On Account, in Which One Hundred Thousand Dollars Is Involved. The issues are about made up in the cas>- of Sadler vs Smith, a suit brought here on change of venue from Jay county, and it promises to be onel of the hardest fought legal battles ever made in the Adams cir cuit'CDUit It is quite probable this case will be tried the latter part of this term of court, so we were inform ed this morning by one of the attor neys. Sadler is a commission man, whose home is at Cincinnati, and Smith is a stock buyer from Jay county. The case is the result of a suit in closing up a settlement, and the Kcount runs over 8100,000, though the amount in controversy is but |3,G * • The attorneys are Thom Mt Campbell, of Cincinnati, and of nation reputation through his connection with the Goebel ease, and Hon. C I Lutz, of this city, who appear for the plaintiff, and David Taylor, of Portland, and D. B. Erwin, of this city, for the defense. It’s a foregone conclusion that the case will be eotttest'-: for all it is worth and will occupy at least a week's time in court, It will 1 e watched with interest, es pecially by the legal fraternity, on accountof the connection with the case of so great a lawyer as Mr. Campbell. PROBATE AFFAIRS. Items of Interest Concerning Estates and Guardianships. Ini probate court this morning ■Willis C. Glendenning made applies tion ami was appointed guardian for Lake E.. Bertie R. and Willis D. Glendei ining. Hie bond for SIOOO bearing the signatures of William and ' Sherm i i Glendenning was filed and ' approved. In the case entitled trusteeship of Walter B. Ayers, Perry L. Ayers, guardian, a petition was filed by J. H. Voglewede for order against trustee to pay a judgment against Walter D. Ayers. In the Jacob Bendei eatate, application for letters ■ as executor was made by Israel Bender, bond was filed and approved, letters duly ordered, issued and confirmed mW*”' > NEWS FROM THE BOYS

The (Hila ho mo Party Are Haring Good Time. A can! has been received from P. L. And rews, one of tho thirty excursionists who left here last week for a trip through the southwest. The pos ’ tai is dated at Chelsea. Indian Terri tory and says they arrived there the aMnoon of the 19th. He also says:; “This is a wild, beautiful country. We are going tomorrow further on and will reach Oklahoma City Saturday. There is some snow here but the sun shines this afternoon and it will aoon be no more. It is very pleasant here and expect to find it warmer as we go further south. We are now only a little ways in the territory. BUSY SEASON. Gigantic Oil Deals Credited to the Indiana and Ohio Field. It is estimated that in the last week oil properties in Indiana and Ohio to the amount of $78.3.000 have changed hands, including leases on 4,711 acres and 130 wells. Os this sum $.359,000 is credited to Indiana. The indications are that the busiest year in the history of the industry in Indiana will be tire coming season. Locations for hundreds of new wells have Ireen made. and favorable weather will , start the drills to going. REVIVAL SERVICES AT Li. B. CHURCH. *fbe United Brethren church was crowded to its utmost capacity last night, and scores of people were tameJ away, lieing unable to gain eutrtmee. The truth as presented by Rev Parker, is taking hold of the Minds of thoughtful men and women. Meeting continues this week, beginning at 7 o clock every evening.

The Daily Democrat.

AN ACCIDENT. Mdlvllle Ripright Breaks Ills Left Arm and Dislocates the Right. Mellville, the eight year old son of Granville W. Rupright, trustee of 1 reble township, came very near losing his live on last Sunday. He chased a red squirrel up an apple tree on his Grandpa Rupright’s farm, and in pursuit of it, he climbed the tree to a distance of about fifteen feet, when his footing gave way and he fell to the frozen ground beneath, dislocating his right elbow and breaking his left arm at the wrist and otherwise bruising him. A physician was immediately called who reset the injured members and dressed his wounds. Iheboyis resting easier today, but he knows that he took a tumble Sun day.

NEW BLOCK. Committee of Knights Are Named. Plans and Specifications and Estimates To Be Made. About seven years ago, standard time, a committee of Knights of Pythlans were appointed to investigate the i subject of erecting a business block ‘ and castle hall upon their lot oppoj site the court house. At that time the committee consisted of John T. France, J. N. Fristoe, D. N. Erwin, Horace Callow and H. F. Linn. The committee at that time never came to any serious conclusion, and at the meeting Saturday evening this committee was dug up out of the cobwebs, and the name of A. J. Smith substituted for that of our once honored citizen, John T. France. They will be put to working again, and are instructed to have plans and specifications designed and estimates made for such a building as the committee thinks would do honor to Kekionga lodge, and at the same time answer the purposes and needs of this rapidly growing order. It is the desire that a report be ready for submission in open lodge at the earliest possible moment. It will perhaps take several weeks before the matter can be laid before them, and in the meantime hope springs eternal.

COURT DOINGS. The Taras Taken in Various Cases Today. Rebecca Rockwood et al vs Mary Patten, complaint filed and commissioner appointed. Margaret Scherry vs Rosa Werling et al, ex parte, answers tiled by defendants. D. B. Erwin appointed guardian ad litum and files answer. Land ordered sold, publication ordered. John Schurger appointed commissioner, tend filed at SIO,OOO. Robert M. Hunt vs W. A. Hunt and Amanda Hunt, appearance by Daily, Simmons Daily for defendants, rule to answer. Julius Haugk vs Mary and Adam Brown, defendants ruled to answer absolute within five davs. W. H. Niblick vs Willis W. Hoagland et al, submitted, finding for plaintiff in sum of $393.30. Lewis L. Sadler vs E. E. Smith, all depositions on file ordered published.

SUIT IN PARTITION. — The First New Case for a Week Filed Today. A new partition suit was filed in the circuit conrt this morning byAttorney Butcher of Geneva. The case is entitled Rebecca J. Rockwood, Cleriuda Wilson, Permelia A. Knox vs Mary Patton. The consent of the defendant was file*! for the petition as prayed for in complaint ami Nathan Haestiarger, I. N. Veley and W. C. Felty were appointed commissioners. This is the first case filed for a week past. NEW KIND OF IMPEACHMENT. The Indiana senate went out of its way to vote an increase of SS(X) a year to Judge Dasch of the Evansvile cir cuit court, who has been liesieged in vain by the members of the Evans ville bar to resign.

DECATUR, INDIANA, MONDAY EVENING, FEBRUARY 23, 1903.

JURY DISAGREED. Another Trial Necessary For Reynolds. After Over Twenty-four Hours Deliberation the Jury Fails to BrintJ in a Verdict.

For twenty-four hours and twentyfive minutes the jury in the case of the state vs. Oliver D. Reynolds argued, debated ami deliberated on what their verdict should be and at the end of that time were no nearer an agreement than on the first ballot. I Prosecutor Moran made the closing argument Saturday afternoon and i Judge Ei win read the charges to the jury, sending them to their room at 3:30, with Jesse Butler as bailiff. It is stated that immediately upon arriving there Henry Stotler was chosen foreman and a ballot taken on the guilt or innocence of Reynolds, the vote resulting six to six.’ Another ballot resulted the same way and then the arguing began. Every hour or so another ballot would be taken but at no time during the twenty-four hours and a half was there a change in a single vote. It is probably the only case on record in the county where the jury stood equally divided and never changed a vote. At 3:30 yesterday afternoon Judge Erwin called the jury in and asked them if there was a chance of them reaching a verdict and the foreman replied that there was not. Judge Erwin then asked if they were in doubt about a point of law or whether the disagreement was caused by a difference of opinion on facts and the foreman answered that it was a qestion of facte. They were sent to their room and the attorneys questioned as to their fopinion on discharging the jury. Xo ob jeetions were made and at 3:50 the twelve men were again ordered in and discharged. There was never a chance for agreement as the men had their minds fully made up and as expressed by one juryman would have remained there until harvest. A new trial will be necessary to decide whether or net Reynolds is guilty of kidnapping and the case will prob ably not be reheard before the next term of court.

OILS HIS MACHINE. All Special Judges will Hereafter be Appointed by the Governor. A bill empowering the governor to appoint all special judges in the state has passed both houses of the legislature and will no doubt become a law. In case it does the local judge will have no power to appoint a substitute when he is disqualified for any reason. The governor would probably have a number of judges in different parts of the state, and when a special judge was needed he would as -ign them to different cases and send them where they were needed.

WILL BUY PIANO. Entre Nous Club Send Their Agents to Chicago. Paul Woaten and True Fristoe will leave tomorrow morning fui Chicago where they go representing the Entre Nous chib and with full instructions and power to purchase a first class ! piano for the club. They will return j Wednesday. The Entre Nous is an ! up to date club who believe in doing! business in a systematic way and in- ! cidentally have bh nice rooms and en- | joy as good times as any club in Indi ana. WHIST CLUB TONIGHT. Mr. and Mrs. C. A. Dugan Will Entertain Them. Tonight at the palatial home of Mr. and Mrs. C. A. Dugan, the Whist Club will meet and hold their first meeting for several weeks. It goes without saying that a delightful evening is in store for the members of this popular club, who know full well the genuine enjoyment to be had iu a good game of whist,

HAPPILY WEDDED. Miller-Steele Marriage Nuptials Celebrated Saturday Evening. Last Saturday evening, February 21, 1903, at the country home of exTrustee John Steele, occurred the marriage of Wilson Miller, son of Mr. and Mrs. Washington Miller, to Anna Steele, the beautiful and accomplished young daughter of Mr. and Mrs. John Steele, all of Washington township. At 6:30 p. m. Miss Ima Archer took her place at the organ and began playing the wedding march. The sixty guests present anxiously waited for the appearance of the happy young couple. They had, however, not long to wait. They soon came and after taking the place arranged for them, Rev. Payne, in his usual polished manner, performed the ceremony which made them husband and wife. After congratulations were over, the dining-room doors were thrown open and all invited to enter. Jerry Archer and his estimable w ife bade the guests to be seated around the table, which was elaliorately spread and almost groaned with the many palatable delicacies that caused even the writerto feel that it was good to be present. Supper being over the guests repaired again to the parlors, and spent the rest of the evening in social cheer, which was enlivened now and then with some excellent music, both vocal and instrumeutal. At a late hour, which came all too soon, the guests departed for their respective homes, wishing Mr. and Mrs. Miller a long, happy and prosperous journey through life. They were the recipients of several beau tiful presents.

EMBEZZLEMENT. Will Ward, Well Known Young Man, on Trial. Alleged Crime Was Committed in 1901, and is a Grand Jury Indictment. Will Ward is on trial today in the circuit court and a jury of twelve men tried and true will decide whether or not he is guilty of embezzlement. The case is the result of a grand jury indictment returned at the April session 1902, and the crime charged is supposed to have been committed in 1901. The prosecuting witness is Charles M. France, aud it is alleged that Mr. Ward lived upon France's farm and at that time working it on the shares, he to receive onehalf of the crops for doing the work. It is alleged that Ward sold twelve and a half ton of hay, the property of he aud Mrs. France to Studabaker. Sale & Co., at $7.50 per ton. the same amounting to $92.25, which France owed him. He refused to settle and upon information by Mr. France and others the grand jury returned an indictment. The ease has been contin tied from term to term until this morning when it was called for trial. Attorney J. C. Moran is prosecuting aud C. J. Lutz and A. P. Beatty appear for the defense. The evidence will probably be concluded this afternoon and the case will go to the jury tomorrow morning. There is quite a little interest manifested es pecially by the relatives and friends of Mr. Ward. Mrs. Elizabeth France who owned the land upon which Ward was farming and who would have lx»en an important witness has died since the return of the indictment.

mrs. McCarthy dead. Well Known Wren Ladv Dies at Fort Wayne. Mrs. McCarthy, of Wren, died Suu day afternoon at Fort Wayne. The following is from the Journal Gazette iof this morning: “Mrs. Mellie C. McCarthy, wife of M. McCarthy, of Wren, 0., died Sunday afternoon at St. Joseph's hospital, following a surgical operation. She was brought to the city last Wednesday. She was thirty-five vuar old. her surviving familv consietw of he> husband and two children. The remains were removed to the undertaking establishment of H. Schoue & Co,, and prepared for shipment to Van Wert this morning.” Mrs. McCarthy was well known here, her former name being Miss Mellie Conn. Her husband is an employee on the Chicago & Erie railway. A son and daughter remain, beside the htiHband.

THE LEGISLATURE. Two Weeks of the Session Remain. The Governor will be Flooded with Lar£e Number of Bills for His Signature. Two weeks and one day are left of the general assembly, and thus far the governor has acted on nineteen bills and one joint concurrent resolution. The remainder of the session the governor will be knee-deep in bils. Last week each branch has passed many bills originating in the other and such bills soon reach the governor. The Wright voting machine bill has passed both branches, in the senate it was amended to require counties having cities of 13,000 and more to use machines. The amended bill will go to the house early this week for concutence. The Thompson primary election bill has passed the senate and is in the house committee on elections. The bill to prevent grave roberies by creating a state board to gather and distribute dissecting material has passed both branches, but it is not yet in the gov ernor’s hands. The bill to increase the levy for the state university, Purdue university and the state normal has passed the house and advanced to third reading in the senate with little opposition. The bill to increase the state common school levy from 11 to 16 is in the same statute. The Gray free' school book bill was killed. The garnishee bill is being held back in the senate. The result will probably be that no bill will be passed on the subject. The union labor lobby is industriously fighting it. The shotfiring bill which passed the house, was tabled iu the senate, which means the death of the bill. The house passed the bill to spend $150,000 for an Indiana exhibit at the St. Louis exposition, the bill to school corporations create a two per cent, debt independent of the civil debt, and the bill to govern street improvement in cities of less than 30,000 population.

NEW SLATE. Gilbert for United States Senator and Sayre for Governor. A boom for Lieutenant Governor Gilbert for United States senator, to succeed Senator Beveridge, and for Warren G. Savre, of Wabash, for the republican nomination for governor of Indiana, is the latest political sensation. Correctly speaking, it is real ly not a sensation, as yet, as the boom is not fully hiunched nor has it b<**n exploited in any of the Indianapolis papers, but it has greatly excited the few politicians to whom it has been broached, and when the city papers have taken it up it will attract more attention than any political story that has been published since the opening of the 1-gisleture. Booth Turkin., tin, the author-representa tive, of Indianapolis, is the originator of the boom.

EYE TO BUSINESS. Rural Route Carriers If Establish an Express system Over Adams County. Carriers on the six rural routes that run out from Decatur have decided to establish an express system over the territory which they cover, and will have a schedule of prices made out within a day or so. They projnise to handle any kind of merchandise that can conveniently be earned by their wagons, from an order of groceries to a new buggy. Packages can be for warded with reasonable dispatch all i oyer the county. All the farmer needs to do is to leave an order in his mail i box for delivery, and the same will be | attended to by the carrier. The es | tablishing of the system seems a good move aud will certainly be a great convenience to all people concerned. POSTPONED TWO YEARS. By agreement lietween the officers of Vincennes University and the senate committee th lebraled claim for SI2O,(MX) has been referred to a commission composed of the governor, auditor and secretary of state. A bill incorporating their decision will lie submitted two years from now.

NUMBER 37

WAS KNOWN HERE. R. C. Shaw, Influential Citizen of Randolph County is Dead. John Mayer received word yesterday the of death of his uncle, K. C. Shaw, at Farmland, Indiana, which occulted Saturday night. Mr. Shaw was one of the best known anil influential men of Randolph county. He was a friend and benefactor to everybody, and he w-as often heard to say, “I will help any one who tries to help himself.” He has lived a quiet retired life for several years, chiefly interest ing himself with his large and valuable collection of Indian relics and precious stones and minerals, which are said to be the finest in the state. He is also the author of a book which has recently published entitled “Across the Plains in ’49,” dedicated to his relatives onlv, in which he tells of the hardships and privations while going overland by wagon train t» California to seek for gold. He leaves a wife and four children to mourn the departure of a loving and devoted husband and father, and Farmland mourns the loss of a true friend and public-spirited citizen, who was ever ready to assist iu the upbuilding of that beautiful little city.

SOLD THE FARM. Commissioner Smith Sells The Dunbar Farm, ' As legally advertised David E. Smith, commissioner for the Dunbar estate, Saturday offered for sale an eighty acre tract of land, the real es ♦ ate involved in the settlement of the Dunbar estate. The first bid on the land was $4,700 and the next was $1,725, at which price it was knocked off. A number of prospective buyers were present but the bidding started at about w hat the laud was considered worth and for this reason but little fighting resulted. It is the old Jeleff farm in Hartford township and was purchased bv Dudley Gerber, a brother of David Gerber of this city A GREAT MEETING. The Special Men’s Service at Opera House Well Attended. About 350 men attended the special services at the opera house yesterday afternoon and each was well repaid for his time. Rev. C. S. Parker is a great evangelist, earnest of purpose and determined of mind. His sermoe was a masterly one and well enjovod by each and everyone present. The solos bv Rev. E. H. Pontius, and the duet by Revs. Parker and Pontius, were splendid and delightfully enter taining. Rev. E. J. Beardsley offend prayer and the benediction was pronounced by Rev. George Grether. Mrs. Ella IA«»11 presided at the piano during the opening service.

TELL THE TRUTH. A Bill in the Legislature Protects the Newspapers. A bill is in the legislature which ia of more or less importance to ths newspaper fraternity. It provides that any person who shall give to any editor, publisher, reporter or corres pendent of a newspaper false infor mation concerning the commission of a crime, and who shall assume such information to betrue, shall be guilty of a misdemeanor, and upon convic tion thereof shall lie fined in any sum not less than fl nor more than SSO. PENSION LEGISLATION. A Soldier's Widow Protected by Pension Legislation. Representative Robert W. Mier* has wou another victory for the old soldiers bv getting through the senate his bill which gives a widow, whose first husband was a soldier, a ]iensionable status after the death of the second husband, even though the hitter was not a soldier, provided she was the wife of the first husband during the civil war and his death was the service origin. This bill is now ready for the president’s signature.