Daily Democrat, Volume 1, Number 289, Decatur, Adams County, 16 December 1903 — Page 1

VOLUME 1

k JURY SECURED AND SWORN

Twelve Were Chosen Out of Ninety-Three Called. The Evidence Began at Half Past Three.

PRISONER IS BRIGHTER Fifty Grant County Friends of Prisoner Here. The Jury Was Sworn at Half Past Three and the Great Murder Case is On. THE JURY. Theodore Beerbower, 48, Jefferson O. J. Suman, 42, St. Marys. Joseph L. Hook, 75, Blue Creek. J. D. Gault, 50, Kirkland. George Keller. 51, Root. Jeise Roe, 75, St. Marys. James Duff, 47, Jefferson. Ernst Doehrman, 26, Preble. George Ruckman, 48, Root, Samuel Shell, 50, Kirklr.nd. Vernon Pontius, 23, Geneva. Daniel Kitson, 58. Decatur The special call for twenty five, more jurymen in the Osborne case caused Sheriff Butler to move rapidly during the greater part of last night as the sjieciul venire included men from every corner of Adams county. He was asisted by deputies ballas and .Jesse Butler. Eli Meyers and Charley Brown of Berne and they drove until nearly morning. A. J. Byrd, one of the original forty five specials and who was reported too sick toleave home yesterday came in this morning. Uncle Andy is old and quite feeble and though he has been sick during the fall and is even now far from good health he showed his loyalty to dutv by apixiaring and asking Judge Erwin to excuse him which li) promptly did. At precisely nine o'clock Judge Erwin took his seat and ordered Sheriff Butler to c ill the jury, and the eleven men who were in the box last evening took their seats. It was then noticed that Prisoner Osborne was not in court and business was suspend cd a few moments until he should arrive. Deputy Dallas Butler brought him in at 9:10 and the work of empanelling a jury was again taken up. The jurymen chosen .yesterday were kepi together, in charge of O. N. Tyndll, who will act as jury bailiff during the entire* trial, being in charge of the jury day and night. Rooms have he arranged over Coffee A- Baker s restaurant when* they are given the best ucoommodations posdble. DsliornA appeared in better spirits than usual, and seernod at least at

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! first to take more interest in the | proceedings than he did yesterday, though still very nervous. His faithful old father was with the prisoner again today. Tilman Deihl, —Kirkland township heard of the case, was challenged preemptorily by the State. Adam Bentz,— the last of the regular jury panel, was challengd for cause, read of case in Democrat has opinion, and was excused by the defense Henry Wafel,—Preble township' heard of case read the Democrat i has same opinion, challenged pre-1 emptorily by the defense. Mathias Miller—Washington t rwnship, read of case in Democrat, has same opinion, opposed to affixing deafli peijalty,excused for cause ' by state. J. T. Johnson—Washington township read of murder in Democrat. ■ i has. opinion, was excused on account of poor health. James Hurgt—Kirkland towni hsip read of case in Democrat, has opinion and opposed to capital , punishment, excused foi cause by I State. George Oher, —Union township. 1 only juryman examined so far who knew both Osborne and Busenbark, read of crime in the Democrat, talked of it, has opinion, excused by defense. John Amstutz—French township read of case in Berne Witness, had opinion, don't understand English very well, excused for cause by defense. , T. R. Moore, —Decatur heard of case was challenged peremptorily by the State. Albert Bracht—Kirkland townhip heard of case, was challenge'! I peremptorily by defense. Henry Scheiferstine—Root township, read of case in local papers, talked to witnesses. Excused on account of bad hear ng. Ernst Eichoff— Preble township hoard of case, excused peremptorily by the defense. John Soldner—Monroe township, read of case in Democrat, has opinion. challenged peremptorily by defense. Joel J. Kipper—French township [ heard of case, excused on account of poor health. At this stage of the proceedings the jury was passed by both sides and Judge Erwin ordered the jury to stand up and be sworn but the defense seemed to have been flirting for they stopped the proceedings and the old tedious impaneling began again. Dwight Wass—Union township hoard of case, has partial opinion, was challenged peremptorily by defense. Bryon D. Hendricks,—Decatur, has opinion, and objects to capital punishment, excused for cause by ’ State. i Adjourned at twelve o'clock without the jury being fully decided upon. AFTE RN DON SESSIt >N. i That Prisoner Osborne has many , friends in his former neighborhood was evidenced today by the fact . that over fifty of his farmer neighbors and friends from Grant county

DECATUR, INDIANA, WEDNESDAY EVENING. DECEMBER 16, 1903.

I were present and several of them spoke to him. The p.*i isnor seems to be getting over the nervousne-s so apparent the first day and will, it is beleivod stand the strain of the long tri 11. Court convened at 1:30 and the jury empanelling business was taken up. Phillip Biker—Root township was challenged peremptorily by the attorneys for defense. Vernon Pontius who was called had never hoard of the ease, neither read of it or heard it talked of. C. S. Murnma—Union township read and heard of case was challenged peremptorily by state. Mrs. Osburn and son again in court but paid no attention to the defendant. She, occupied a front seat, talked to no one, and .prefers to express no opinion, or at least does not do so.

■ jsi j - J > *• ■ w JW £ ■- 5 '-i < m Im i •■ A i Wi -n* 1 Bk wt ; h JOSEPH OSBORNE Ou trial for his life, being charged with murdering John Busenbark September Sih, last.

John Dougherty—Union township, was excused by defense for cause, being prejudiced agiinst insanity pl *a in case of this kind. Louis Worthman, —Preble township read of crime in Democrat, talked some excused peremptorily by defense. Daniel Jacksan—St.Marys township read of case in Democrat, has opinion, excused for cause by defense. Wm. Rixlenbush—Blue Creek township heard of ease opposed to caiptal punishment, challenged by state. Wm. Heath—St. Marys township, read of case in Democrat, has opinion, opposed to e.ipit il punishment, challenged by State for cause. Frank Faust—St. Marys township has opinion and is prejudiced against plea of insanity in such a case. Excused bv defense. At 2:20 the special venire of t wenty five names drawn last evening was used up and still no jury had been obtained out of a total of eighty two names. After looking up the law Judge Erwin instructed Sheriff Butler to fill the jury from the by standers and D. K. Shackley was ordered to take u place in the jury box. He was challenged peremptorily by State. The crowd present at the afternoon session was the largest of any yet. the court room lieing well filed. Amos Gillig—Decatur had opin ion and opposed to capital punishment. challenged for cause by state. Perry Robison—Decatur, heard lof ease, prejudiced against plea of ! insanity in criminal ease, chai long i ed for cause by defense. Burney Kulvcr—Deoutur. exous ed because he is neither a householder or freeholder.

James Hoagland,—Root township, challenged for cause, opposed to death penalty. Frink Gessinger—Decatur, was excused for some reason, wis also Ambrose Drubin of Manroo township. Elisha Reynolds—Decatur was excused for similar reason. Monroe Blossom—Decatur answered that he was opposed to capital punishment and was excused. Janies L. Dedge,—Decatur, was challenged peremptorily by the defense. At 3:30 the jury was p issed by attorneys for both defendant and state and witnosess were ordered called. Ninety three names were necesasry to secure the list. The State used ten peremptory challenges and the defense fifteen, each being entitled to twenty. A large fly wheel weighing over 3000 pounds and having been shipped here from Cardwell, Mo. to J. \V. Vail was broken this morning while trying to unload it from the cironto a w igon, and will now necessitate being sent to the factory for general repairs.

MONROE FEUD. Diputy Prosecutor Franz is Ruffled Atout the Mailer. E nil Franz the deputy prossecutor at B rne, seems to have Ins dander up over the Andrews feud which has been raging at Monroe for several divs. It seems that John and O I’. Andrews had a battle for which the latter settled in a justice's court for one dollar and costs. As there were several charges against John Andrews, he quietly left between two days, but wtis arrested ut Fort Wayne. U seems that an assault and battery charge found its way into a justice's eov t of this city against John, which he quietly settled, and this is what is ctusing the trouble with the Berne deputy. Mr. Franz claims his intention to fight the charge preferred in the court here. BIG LAW SUIT. D. B. Erwin in Case in Pulaski County. Attorney Dge B. Erwin went to Pulaski county, Ind., today where In* will assist in the trial of it big hiw suit in which the title to some very valuabli land is in question. Mr. Erwin will represent some Adams county citizens who have an interest in the property. Tin* trial Os the case will occupy several days.

DAY CURRENT. Council Grants Day Current Petition. The City Electrician Instructed to Give Both Day and Night. The city council have came to the relief of the business men by ordering the city electrician Martin J. Mylott, to establish a day electric light current. This action was unanimous, with one ecxeption, and the Democrat believes it was the right and the business thing to do. The past few weeks have been disastrous ones for nearly every man in business. The nays have been dark and more light has been in demand from nearly every quarter. A petition was circulated and every business man affixed his signature with eagerness not only signified willingness but wanted the light and as the fellow says he wanted it most infernally bad. Many of them were on the verge of establishing an independent lighting system, which eventually would prove disadvantageous to the future and prosperity of the municipal plant. A day current will end all such disturbances. It will keep the business men from having to shoulder these j additional investments and sustaini ing them, and at the same time it I will prove profitable to the city to , furnish the light. It. will perhaps i take a week to shape the machinery ; and systemati e the workat thesta | tiou preparatory to establishing i this additional day current but in I the meantime a later morning service and an earlier afternoon service will be maintained.

ANCIENT HISTORY Cornelius Radamacher's Work in 1859. Built the Pulpit at the St. Mary's Church in That Year. Some ancient history was dug up at the St. Marys Catholic church yesterday, where Albright Christen i was remodeling the old pulpit. I Inside of the same was found this writing, “This pulpit was built by Cornelius Radamacher, in Decatur, ' Adams county, Indiana, in the year 1859. Said Cornelius Radamaoher was born in Enunerich, township of Rees, and county of ' Duesseldorf, Kingdom of Prussia. I Dated Decatur, July 22, 1859. Cornelius Rudatnacher, milker.” At the time Mr. Radamacber mentions the Rev. J. P. Mayer was pastor of the St. Mary's congregation, it being during the Pontifiea of Pins IX, and Rev. Henry Lucrs was bishop at Fort Wayne. This will take many of the older inhabi- | tants of Decatur back to an early period in the life of this city and of the chinch, which has grown so I healthy ns well. That pulpit, has i witnessed many changes and improvements surrounding it, and ] now it gives way to a remodeling i and more modern addition to the services nt this very taatitiful ehruch edifice. The new pulpit i will be of a portable design and cun be moved around ns deisred. This | with the many other late improvements uro very creditable and i stamps Rev. Wilken us ti progres- ' sive pastor.

NUMBER 239

A BAD CUT. Burt Mann Had Bad Luck This Morning. Burt Mann who lives on West Monroe street, met with quite a serious misfortune this morning while chopping wood. He got up and finding the gas low proceeded to the barn situated on his father’s premises and where a couple of log teamsters keep their horses in search of fire wood, and finding some boards there he proceeded to make use of them and picking up an ax belonging to one of the teamsters, shirted in to split the board up. In striking one of them the ax hit a glancing lick throwing the blade from the board out to his left foot striking him just back of the little toe and cutting a gash at an agle of about forty five degrees through one bone and half way into the other, and severing several arteries. He at once started for the house but could hardly get there owing to the loss of blood and the pain. Dr. D. D. Clajk was called on *he scene and dressed the wound it taking eight stitches to sew up the cut. The doctor says that it will be many days before Burt is able to walk around again and when he does will always be a cripple as he will have a stiff toe to contend with. COUNCIL MEETING Regular Session Held Last Night. The Petition for Day Electric Light Service Was Granted.

The city council met in regular monthly session Tuesday evening, with every member of the council and the mayor present. Bills were allowed to Frank Ge«singer <2, Smith Yager & Falk <3l 55. Henry Miyer brick $23.81, G. R. 1., freight <92.72, J. B. Buhler labor $1.50, W. G. Spencer, supplies $3.50, Citizens Telephone Co,, <4 55, John Lenhart labor $5, Krick Tyndall Co., title and brick $16.38, Fort Wayne Oil Supply Co., $10.64, Peter Kirosh labor and material s>.3o, H. Buthoff labor $3, Mona ch Electric Si p, ly Co., sll9 54 D. F. Teeple drayage $7.18, John Coffee street work $3.48, L. (' Helm for fire at McNabb's and Fronfields $34, E. Catting labor $lB, Fort Wayne Oil and Supply Co . $13.03, Knapp Supply Co., $16.89, Sunday ' Creek Coal (' )., 146 90, Upitall supplies $125.47, Cnstner Cunan Bui . left, supplies is $29.30, Electric Electric Light employees salary for i Doc tuber $l6O, A. E. Rose fifty 1 cents. A resolution was udeptod ' authorizing the city attorney to coll loot all unpaid electric light rentals, instituting suit where necessary. The report of commissioners on assessment* of Marshal street sewer and branches was filed. The reports were also made on the Myers, Er win, Miller and Monroe street sew ers, and the council set Tuesday, Deoecnibcr 29, as the time to modify or confirm said assessments. ‘i in motion the time for building . the Fourth street side w ilks, was extended to Juno, 1 1904. The petition for a day electric light cur rent was token up and 'discussed, and later passed all voting in favor of it, except Councilman Teeple. It was ordered established ns soon us the city electrician could iirriingi* for it. There being no further business the council iadjourned.