Daily Democrat, Volume 1, Number 288, Decatur, Adams County, 15 December 1903 — Page 1

VOLUME 1

WE OSBORNE MURDER TRIAL

Began in Circuit Court This This Corning. Was Indicted for the Murder of John Busenburk.

CASE IN PROGRESS Much Interest Already Being Manifested. Sfkciion of a Jury Not Complete at Three O’clock This Afternoon. Joseph Osborne is on trial tor the ; murder of his father in law, John Busenbark, the case having been called at 9:10 o’clock this m rnin_' A few moments before Prisoner! Osborne was brought into court by j Deputy Dallas Butler. The man charged with the most serious of | crimes looks worn and worried and no expert is required to discern that he is uneasy over the result of i his awful crime. He is nervous, i his hands jerking convulsively and , his jaw is set in a firm manner A few moments after entering the court room he was approached by his old freind DaoAmsden. ex-pros- | •■cuting attorney of Hrant county and who will assist in his defense j together with D. E. Smith and I Judge Heller. The prosecution is represented by Pros -cutor Moral.. • J- Lutz and Earl B. Adams There was some little business trmsa tad before Judge Erwin j and at 9:10 the jury was c died, the regnalr pannel taking their place in the jury box. One place was vacant and Abraham Fugate was *‘dled,to till the place, then Atiorm y N’nith proceeded with the examin j itfion of the jurors as to their tit nessto sit in the case. At !• Mrs. ••sbornc, wife of the defendant and daughter of the murdered man. i Dusenbark, appeared in court with ' lp r little son. They took seats in •he rear of the court room among ,lk> jurors and witnesses She toemed interested in the progress •>f the trial but made no effort to make herself prominent and few I 1 to pie knew she was present. Mrs •'-borne has every appearance <>t the lady, was well dressed and ►howed u motherly attention to her ton, who watched the proceeding."■ith interest. During the time "hen the jury were questioned, Prisoner Osborne sat with his i y< - upon the floor, only looking up " n °® or twice and then when some •mention out of the ordinary was *aked. He has a habit of rubbing his head or covering his eyes with •''"hand. The ordeal is difficult t"fidergo and it is feared the pri*"n *' r will break down completely be fore the trial over. The court r, totn was well filled and it iprobablo that the uttendune • dur big the trial will U> quite l.irg «toh side of the case is allowed preemptory charges, 111:1k n r’ forty in all, while many may

The Daily Democrat.

be excused for cause as may be shown disqualified, JURORS CALLED. Abraham Fugate,—Washington township, seventy years old, has an opinion as to guilt or innocence of defendant, poor hearing, eyesight and health in general. Excused for cause by defense. Jesse Swartz, —Root township, has heard of the case, has formed an opinion and answered yes to the following question asked by Mr. Moran," Have vou any conscientous opinion that would preclude you from affixing the death penatly if the defendant was found guilty as charged." was excused by the State. Henry 11. Decker, —Wabash township, don’t know parties to case, has opinion and objects to capital punishment. Excused by state. Jesse Watkins,—St. Marys township, served by notice but has left the county. John Bigner—Riot township, (don't know parties, has opinion, i objects to capital punishment. Excused by state. Samuel Workinger—Root township. talked to witnesses, D. Clark and Ira Reehards, has an opinion, excuse by state for cause. Cissjus M. Andrew:—Washington i township, has no opinion, objects to capital punishment, excused fur cause by State Reuben Beery—Kirkland township. don't know parties, has heard of case, object to capital punishment. Excused for cause by State. John Frank, —Wabash township, read of murder, has no opin ion, but is prejudicial against capital punishment, challenged for I cause by state John Cook—Wabash township, don 1 know parties, read of case, has no opinion, has talked of case, objects to capital punishment. Ex- ' cased by State. Bert Wolf—Root township, heard of case, talked about it, has opinion but could render true verdict, has opinion against insanity defense, challenged for cause by defense. William Koldeway.—Preble tp, heard of case, has opinion, could render true verdict prejudicial against plea of insanity, challenged by defense of cause. At 11 :Sf» court adjourned for dinner and the jurymen then in the chairs were not allowed to sepcrate, but were sent to dinner in a body and immediately returned to the court house. AFTERNOUN SESSION. At 1:30 o’clock the jurymen who were in the box at noon filed into their places and the work of securi ing a jury was resumed. The prisoner was in his place and by his side sat his aged father. John Osborn.-, , an old gray haired man. whose face shows the worry over his son's poijsition, with him also was a brother Jof the defendant. Frank Osborne l an d a Sister. Mrs. Toll, nil from Mirant comity. I Chritsi.m Beers-Monroe town .'ship heard of case, has no opinion nndertsand English very well. I prejudiced ..gainst plea of insanity, J excused by def. »I~’ £or t . m Buffonbarger,-Monroe ’township, heard of ease, formed an-

DECATUR, INDIANA, TUESDAY EVENING, DECEMBER 15, 1903.

expressed opinion, opposed to capital punishment, could render fair verdict. Excused for cause by State, Orlando Springer—St Marys township heard of case, has read of it, don't take any papers. Was challenged premptorily by defense. John Smitley— Jefferson township read and heard of case, formed opinion, has none now, opposed to capital punishment, excused for [Cause by state. William Farlow—Wabash, has heard of case, has no opinion, i was excused premptorily by State Jacob Klopfenstein—Monroe township, read and heard of case, opposed to capital punishment. Excuse for cause by State. Deitrick Bunch—Preble townhsip read of case, has no opinion, but expected defendent was guilty of

'x. / \ c e \

RICHARD K. ERWIN Judge of the Twenty-Sixth Judicial Circuit, who is presiding at the Osborne murder trial, now in progress.

something excused by defense for cause. Harvey Miller—Union township, heard of case, formed and expressed an opinion, is prejudicedjigainst a plea of insanity, excused by defense for cause. Charles Hart—Union township, heard of case,has no op-inion, excused premptorily by State. William Custer,—St. Marys township has heard and read of case, i has no opinion, challenged preemptorily by defense. George Gay—St. Marys township has no oinion read of crime, don't take any o.muty piper. Challenged preeinptorily ny defense. Warren J. Case, —St. Marys, heard and read of case, challenged preeinptorily by State. J. J, Hofer,—Monroe, heard of case, don't take county paper, was excused preemptory by defense. James Foreman, —Blue Creek townhsip, heard and read of east-, excused premptory by State. John Schindler—Hartford township was excused on account of poor health by agreement. Perry Carter,—Jefferson township, heard of, excused preemptorly by State. At 3:30 no jury had been secured, 1 forty one men had tieen examined, I three are not present-or excused, leaving only thirteen men of the special and regular panel of fifty seven men. Another venire may Imnecessary. Ike Rosenthal returned to his home at Cincinnati this morning after visitng here for two weeks w th his brother Gus.

NEW MUSIC. W. E. Smith Writes Music and Now Will Sell It. Mr. C. C. Powell of Fort Wayne arrived in the city this morning and left with us a couple copies of his music which he will place on the market liere. W. E. Smith being his acting agent for this city. This music is written and composed by Mr. Powell and has been hihly recommended by all of the leading musicians in Fort Wayne and ether cit ies whr re musical talent is readily had. Mr. Powell is al"o the man who is at present composing the piece of music written some time ago by Will Smith of this city which gives promi-e of being one of the greatest hits of the season, and which will lx? on the market not later than the middle of next week, and every lover of music should buy a copy and encourage Mr. Smith along in this line. The title of the music left here by Mr. Powell is “Only a Promised Bride,” and “The Angel of My Soul.

A FIRE RECORD. • ■ — Berne Has First in a Year.—Rohrer's Accident. The town of Berne had a fire Friday morning, the first in a year. A wood shed burned at Henry Schindlers home, loss seventy five dollars. While the tire company was going to the scene an aceidenocoured, and Editor Rohrer again had a narrow escape with his life. Fred and George Braun were pulling the hose curt, as they turned u corner, Braun fell down and in doing so kicked Fred's feet out from under him and he lit with a crash. Instantly the big wheels of the hose cart rushed over his liack. He was up in a moment however and on to his duty as a brave fire laddie. DIED LAST NIGHT. | Goshen Man, H. R. Whitmer,' Known Here. Harry R.Whitner, died last night at his home at Goshen, Indiana. 1 after an illness of several years. 1 His dcathw as directly due to an operation mafic us a last resort and | with hopes o: .••a. ing his life. He was u wealthy lumberman, a thirty ’ second degree Mason and well knewn over the state. He was u brother in law of Mrs. D. E. Stu-' da baker of this city who will leave tomorrow to attend the funeral services. He was forty three years old.

A REAL DOWIEITE from grant county.

A Representative of That Faith Was in the City. He Represents the Lace Works and Sold a Consignment to the Boston Store. A representative of this paper had the honor of interviewing a j full fledge Dowieite this morning • in the city’ who was fresh from j Zion City and who goes by the I name of E. L. Lorain and is a fine built and good locking man. In fact he is the last person one would pick out to be of this following, but I without any hesitancy and with a bold front and with a face that | seems to be proud of it he admits this fact to any one who may have the nerve to ask him. Mr. Lorain was here representing the lace works of that great city and with out doubt he carries as fine a line of 1 this material as is ever displayed on the market, it least this is what, Harry Moltz tells us, and while here he sold to the Boston Store quite a consignment of his goods. When questioned concerning the receivership proceedings that were recently instigated against Dowie and his faithful band, he became very indignant and condemned not only the creditors but also the newspapers who he says painted Zion 1 City’ in the worst of colors. He : further stated that if a person were to beleive everything th it the Chicago papers printed concerning this beautiful city he would beleive all the rot in the world. He states that the manufacturing industries were never closed and never will be, and that they are running day | and night to fill the orders that are | pouring in upon them for their laces., candies, furniture and crockeries at which concerns they* cm ' ploy thousands and thousands of I people. All salesmen that go out on the road and represent Dowie [ and his graft must be men of this religion and a member of Zion, he must neither touch liquor or tobacco in any form as they Ixdeive | the devil dwells in all the stutl of this description. He further stated that is now the intention of Dowie I to again invade New York City in I the year of 1906 where he claims j 10,000 followers will go to that city i to do good. It is now the intention ! and purpose of Zion to buck all the ’ cracker trusts in the country as he I says they arc putting such a fine morsel on the market and so cheap that no other concern in the world can compete with them and for this I reason alone it is their anticiption I to down the trusts. On leaving 1 Mr. Loran and bidding him good, bye the only expression that could lx? gotten from him was "Peace be with you.” NEW ROUTES. Four Rural Mail Routes Out ol Monroeville. Four rural routes begin a daily I in lil service out of Monroeville this : morning, one of which traverses 1 through the northern part of this 'county, and on which the Daily Democrat already has a healthy list of subscribers. The northern , part of Union and Root townshps is ' traversed by this route, and helps to complete the gap of rural routes service in the county. The new I routes out of Monroe, Buue und Geneva have liecn delayed and the I exact time they will be put into action is not known, but it will lxI some time the first of the year.

NUMBER 288

A Bunch of Witnesses Here cm Osborne Trial. A number of Grant county citizens, most of them from Green township are in the city as witnesses for the defense in the Osborne murder trial,. Among them are W. H. Rybolt, John M. Downs, Morton Jester,’ T. J. Kilgore, J. H. Cone, C. F. Jarvis, Edward Langston, Charles Leer, Harvey McCaskey, Mills Nash, J. O. Hands, A. F. Phillips, M. J. Leisure, Edward Bayless, George Groves. John Lang ston, D. P. Long, Frank Smith, James Leer, John Pinkerton, G. W. Bannon, Joseph Hanners, John Williams and Mrs. John Williams. DECATUR CHOSEN District Meeting Will be Held Here Dec. 31. The Constitutionality of the Legislative Apportionment to be Attacked in Courts. At a meetng of the democratic state committee held yesterday, the dates and places for holding the district meetings was named, Decatur being honored forth« meeting place of the eighth district and Thursday, December, 31, the time. The only sensation of the meeting was the refusal of Senator Fleming to vote for a resolution endorsing the Hon. Tom Taggart for national charman. He asked Ito Tie privaleged to withold his vote as he did not care to go on record at this time. It was decided to attack in the courts the legislative apportionment act, and if there is anything in equality and justice thier suit bears evidence of being successful. The meeting yesterday was attended by forty of the party leaders all of whom seems enthusiastic over the political outlook for succ'ss. Presi iential preferences were divided between Judge Parker i and Senator Gorman with u few advocates for William R. I Hearst. The meeting slated for ! this city on December 31 will choose ' successor to Hon J. M. Adair as a I member of the state committee. |He is a candidate to succeed himself, and up to this time we have j hoard of no one who will oppose his ambitions. The shortage of candidates will not prevent the meeting from being a lively one, and many I democrats from over the district | will Ixs here to witness the opening | of the state campaign. a ■ G. R. &I. WRECK. Six Cars Demolished in Rear-End Collision. A wrecij occurred yesterday about 1 o'clock on the Grand Rapids road, ti short distance north of Fort Wayne not far from the Bass farm. Two freight trains were coming in to the citv, following each other Closely and the rear train run into the caboose of the front train, wrecking it. The caboose caught fin 1 und considerable of it was burned before the fi.imes could lx? I extinguished. The other cars were also badly wrecked near the rear [ end and partially burned. It; the I front of the train four cars were I badly smashed and piled on top of | each other. Th<> locomotive of the rear train was staved in at the ' front. The num in the caboose anil on tlu locomotive escaped in [jury by