Daily Democrat, Volume 1, Number 209, Decatur, Adams County, 11 September 1903 — Page 1

VOLUME 1

A MURDER AFFIDAVIT

Prosecutor Moran Performs His Duty.

I Signed by Sheriff I Butler. I Accuses Osburn of Murder in First Degree. I Judge Erwin Will Call Special Grand Jury Tomorrow. Will Probably Meet Sept. 21. ■ In open court this mornimr up- ■■ pearod John C. Moran, prosecuting ■ attorney for the ’.’''tli Jud'o'al circuit SBiitpl filed criminal < a-e number 17f', affidavit clmrginu Jo-eph (»- ■■burn with murder, Ixung the iir~t ■■murder case in the county for ■|twelve years. The afflidavit was jßswi rn to by Albert Butler, sheriff ■ u:ni reads as follows: Allx-rt A. ■■liu’b-r, Ix-ing duly *wm n up. n ~tth SH.-w trs that Joseph <Sbnrn ■ n tli. day of September i Je:;. at ■ainl in the county of Adams an I [■state of Indiana did then and there BBunlawfully, feloniously, purp, -ely ■■and with premeditated mallee kill [■and murder John Busenbark. by ■then and there unlawfully, felonf ■ouGy, purposely and with premediMktated malice, strikimr and Ir.itny ■and bruising the said John Busen(GOOD JUDGMENT Eleven Cases in Huntington Circuit Court. ■ ' ■Judge Erwin in Demand to Preside in Several Important Cases. I Judge Erwin has been assigned ■eleven cases in the Huntington eir ■fruit court, and asked to arrange his calendar to try them next ■week. The practicing bar at that ■place seem to have a good sized ■weakness for Judge Erwin, and ■every plausable opportunity that ■presents itself, they lay on with both Kutuls and make their demands the spot. The Huntington are a fine lot of fellows but ■heylmvcn happy faculty of get up a mixture of discord that is ■nrl to lx-at and it takes a judge of ■the caliber of Mr. Erwin to take in hand and straighten out ■he kinks. The eases they now have tup for him arc mostly of an or nature, although one iso suit damages, the grieved party ■laiming an alleviation for his w ife s ■ flections—and this in Huntington i ■ounty. If Judge Erwm can arrange business perilling in this court will likely goover to Huntington Hnext week and give them another SKmitation of bow the real thing IS

Th E D All JY D EMOCR AT.

bark on the head and person and thereby mortally wounding the said John Busenbark with his fists and some other weapon unknown to this affiant which he the said Joseph Osburn then and there had and held in his hands, of which mortal wounding and bruising the -till John Busenbark then and there died. Signed Albert A. Butler. Subscribed and sworn to before me this 10th day of September 1903, John C. Moran, prosecuting attorney. Prosecutor Moran filed this affidavit and also a legal notice notifying Judge Erwin of the murder and using the same language in the above notice. Judge Erwin will issue the call for the special grand jury tomorrow. It is beleived now that the jury will go into session a week from Monday, September 21st. They will probably require two or three days. The case in all probability will not be tried this term of court, but will be set down early in the November term. Prisoner Osburn is still very restless and last night again failed to get any sleep, walking up and down his cell continually and crying bitterly. Sheriff Butler says he actually thinks Osburn has out sh pt a moment since placed in jail. He seemed in better spirits last evening than at any time until about seven o’clock when his brother Frank Osburn and a farmer neighbor and friend John Pinkerman of Grant county arrived. The meeting was a sad one and Joe after telling them his story seemed completely unnerved again. Joe has nothing to say and refuses to talk about his case to anyone except his attorneys and relatives. BUILDING SIDETRACK. Clover Leaf Constructing a Sidetrack to the Tile Mills. About thirty men which includes the Pleasant Mills, Craigville, Decatur and Peterson Clover Leaf section gangs, are working in the west part of town on a half mile switch which will lead from the Clover Leaf road to Krick, Tyndall <t Company’s Tile Factory. The job will probably have been completed by the end of next week and the tile company will then have a big increase in their already convenient shipping faculities. With the new track tile and brick can be loaded on cars direct from the kilns and shipped east, west, north or south without the exjiense of car transfering. The Krick Mills have the reputat ion of being one of the largest drain tile manufactories in the state and it also ranks as high in point of equipment and convenience of situation. A Great Fair. The Great Northern Indiana Fair at Decatur, Indiana promises to be a great attraction this year. The officers of the association, headed hy the gonial, pushing, irrespressible and irresistible George Trieker, is doing everything in his power to make it a mammoth success. President. Trieker and Secretary Tom Harris are expert fair managers, and they and their representatives are attending all the fairs in Indiana and Ohio picking out the very Uwt attractions. They will tolerate no’skin shows or fake exhibits, which insures the very liest and cleanest of entertainments every day in the week.—Willshire Herald.

DECATUR, INDIANA, FRIDAY EVENING, SEPTEMBER 11, 1903.

THE INQUEST. - Verdict Will be Filed This Evening. Will Say That Death Came From Blows Administered by Joe Osburn. Coroner Schenck, assisted by Drs. J. S. Coverdale and C. S. Clark of this city conducted an inquest over the body of John Busenbark yesterday afternoon. Among those present during the inquest were attorneys Moran, D. E. Smith. J. T. Merryman L. C. DeVoss, Deputy Coroner Will Zwick, J. L. Gay and others. A number of witnesses were examined and the physicians made a careful examinaion of the body of the murdered man. The principal witness was Ira Richards the hired man, who told the story as given in these columns previously. The eight year old son of Osburn told the story and seemed to understand the situation as well as anyone. Mrs. Osburn was also questioned but her evidence of course cannot go to court. There seems to be no doubt in the m inds of the physicians that the man died directly from the injuries inflicted and they all agree that some sharp instrument probably a closed knife was used. The bones of the face were badly mashed and Dr. Schenck said, “even a man of thirty five could not have lived longer than did the victim.” While the verdict of the coroner has not been filed there is no doubt it will be that death resulted from blows inflicted by Joseph Osburn. Dr. Schneck said, he woud file the report by this evening. AT GRADING. Twenty More Teams at Work on Electric Line. The Commercial Club Has Arranged to Settle for Subsidy. The grading for the Fort Wayne electric line was stimulated today by the addition of twenty teams, and a wholesale army of men, machinery and tools necessary for the successful carrying forward of this work. The last army of workers have struck camp at Monmouth and will work near there. This addition means that the contractor intends to carry out the provisions of his contract and that in so far as the grade is concerned the work will lxpushed with vigor and speed. That part is complete is a fine specimen of road grading, it being ( straight as an engineer's level can make it, and has all the elements of a proficent grade. By action already taken the officers of the Commercial Club will take up the site question with the Robinson's making settlement for land purchased on opiton and they will also carry out agreements with the Springfield & Fort Wayne Company, turning the same over to them, taking therefor a good and sufficient bond that their contract will be complied with to the letter. It may be seen by this that matters pertaining to the first electric railway to grace Decatur with her presence, is progressing satisfactorily.

ELECT A COLONEL. Uniformed Rank K. of P. Held Meeting. Members of the ninth regiment of the Uniform Rank, Knights of Pythias, held a meeting at Fort Wayne, recently at which time Capt. Howard Henderson was honored by being elected colonel. The meeting was well attended and thoroughly enjoyed. That Mr. Henderson will fill the office with justice and impartiality is vouched for by all his Huntintgon friends. He is a hustler from the word go, and no better mover in the lodge can be found in this community. The ninth regiment is made upas follows: First battalion—FortWayne, Huntington, Wabash and New Haven. Second battalion—Decatur, Bluffton, Warren and Roll. Third battalion— Kendalville, Waterloo, Butler, Gar rett and Auburn. There are over four hundred Knights in the ninth regiment.—Huntington Herald. A CHURCH FAIR. Presbyterians Announce Dates Sept. 29-Oct. 2. An Event That Promises Pleasure for Decatur People. The Ladies Aid Society of the Presbyterian church are arranging to hold a church fair September 29 and 30 and October 1 and 2. The event will be held in the new church building and will be a very pleasant affair. The ladies will conduct booths at which various articles may be purchased by those who are in search of bargains and a splendid program will be rendered each evening. The Handkerchief Bazaar closed last evening and was very successful. The coming fair is looked forward to by young and old as a pleasant social event and one too that will net the church a handsome profit. Be sure and arrange your plans to attend. A MISUNDERSTANDING Stone on Monroe Street Will Be Used for Alleys. There seems to he some misunderstanding among Monroe street prop erty holders regarding the appropriation of the crushed stone which is being removed. The contract states; tint this stone shall be used by the ! city, as the following section from; the plans and plainly shows: “The crushed stone on | Monroe street that it shall be neces- ] sary to remove shall become the I property of the city and shall be placed on streets, alleys where directed by the engineer or placed on piles at points designated by the engineer. The said contractor is required to haul this stone any place directed by the engineer free of charge, but no haul shall exceed fifteen hundred feet from the line of said Monroe street." In an interview with several prominent attorneys a Democrat reporter was told that under no circumstances cun this stone lx- used by citizens or private persons or sold by them other than at the directions of the council. The section they say is good in law, and there is no cause for discussion. The city officials say that the stone will bo used for macadamizing the alleys on and near Monroe. If. there is a surplus proper distribution will lie made of it. This explanation comes in response to numerous inquiries and at the request of , citizens and authorities.

SUIT FOR SUPPORT Mrs. Liken Demands $730 a Year. Asks for SIBSO Back Pay and That a Receiver Be Appointed for Husband’s Property. Attorneys D.‘ D. Heller & Son have filed a suit in circuit court for Ebazbeth Liken against her husband Wililam Liken, demanding $1,850 for her support during the past, three years and the sum of $730 per annum hereafter, also asking that a receiver be appointed to look after his estate and convert part of same into cash. Mr. Liken sued for divorce last winter but Judge Erwin refused to grant a decreeclaiming there were no grounds. During that trial the court allowed Mrs. Liken $450 for expenses. After paying her lawyers and their expenses she had left $230, which she says is the only money furnished her since Ocober 16, 1900. When they seperated. They were married October 26, 1898, and lived together two years. Mr. Liken is an oil man and his wife says that his income is thirty dollars a day, that he is worth over SIOO,OOO. Mr Liken has been living at Geneva for several years. WILL WARM UP. — Court House to be Heated With Steam. Theodore G. Scheid of Bluffton, Ohio, Secures the Contract. I Bids were opened for a heating ' plant, the same to be installed Jat j the court house yet this fall and I which is expected to be on duty in | time for early frosts. Three bids I were filed that of W. H. Johnson & Son of Indianapolis being $2692, ■ Theo G. Scheid of Bluffton, Ohio $2199, Yobst & < ’o., of this city s3l9*. The contract was given Mr. Bellied, and is for a steam heating system, with a radiation of 3825 feet, being an excess of raditaion of 1112 feet over the Johnson plans. The mains will Imj four and one-ha If inches, and is what is known as a direct, indirect system, there being no perceptible pressure. The contractor gives a surety bond of $2500 us one years guarantee, and adds to that his own ]>ersonal obligation for two years more. His plans are excellent and when installed will easily keep the court house from cellar to gurn t, warm. It will aslo prove a save in | the supply of fuel, which at the 1 present rate of wood and coal, is no small item. Such an addition has long been needed, not Jonly in the court, house hut in every office as well. The contractor, Mr. Scheid is no stranger having lx>en hen l lxfore and also having placed some of his work here. Measurements are already being made for the new plant. Cnno Kiebel drew the plans and was hero at the time the contract was awarded

NUMBER 209

COURT NEWS. Routine of Business Transacted Today. In the circuit court this morning some business was disposed of, the I clerks docket describing it as follows: State vs Mathias Schafer, two charges one dismissed, plea of guilty, in other fined $25. State vs Joseph Osburn, murder, affidavit filed. Isaac Wheeler, et al vs Ames C. Walker et al default as to Walker, I D. E. Simth appointed guardian ad | litem for minor parties and fees i answer, demurer filed and overruled, case set for trial October 22. Phillip Koos vs Phillip Koos, admr, submitted finding for plaintiff in i sum of $1445.67. Ordered paid out of estate. Elizabeth Liken vs Wm. | Liken, complaint for support filed, summons made returnable Septemj ber 24. THE FUNERAL. — John Busenbark Buried Today. Services Held This Morning and Body Taken to Grant County for Burial. The last rites over the remains of I John Busenbark were held at the [ home four miles cast of town at i nine o’clock this morning. Rev. E. H. Pontius of the United Brethren church of this city conducted the sad services, and spoke cheering ly to the heart broken daughter, Mrs. Osburn whose share of trouble seems greater than she can bear I just now. The funeral was one of the largest ever held in the neighbordhood, and a numl er of the friends accompanied Mrs. Osburn to Grant county where the body of her father was hurried this afternoon. Mr. Busenbark was sixtyeight years old and until Tuesday evening was in the best of health. I His wife died a number of years ago and Mrs. Osburn is the only child. The community is shocked by the sad occurrence and the affair has been the sole topic of conversation for several days NEW GOVERNOR. Damascus in Charge at Beirut. Expresses Desire to Settle MaTrouble in Satisfactory Manner. Special U) The Daily Democrat. Washington,D C . Sept. 11—The following bulletin was jxisted at the navy department today: “Admiral Cotton telegraphs from Berint that Governor-General Damascus has been appointed acting governor general at Berint and has already expressed H desire to settle the case concerning the American vice Council Magelssen in a manner satisfactory to the United States govern, ment. Beirnt is quiet business improving and confidence increasing. | Belie veil worst trouble is over.