Daily Democrat, Volume 1, Number 291, Decatur, Adams County, 18 December 1903 — Page 1

VOLUME 1

THE STATE RESTS

Completed Original Testimony This Morning.

The Defense Busy Examining Witnesses.

MAKING PROGRESS Prisoner’s Father a Good Witness. The Outline of Insanity and Provocation will be Followed by Defense. DALE OSBORNE. At 4:30 the little son of the prisoner was called and came forth weeping and the scene as he was examined by Judge Erwin as the hisqualificationsa.su witness was .-ad. The bright little fellow answered plainly and quickly. He is eight years old. goes to school, reads second reader and understands he must tell the truth. He lost his embaressment after a moment and the examination proceeded. Has two brothers, teachers name is Jacob Cline, fathers name i- Joe Osborne, grandpa’s name was John Busmihark. Remembers day his granpda got hurt. Pa and grandpa came from house and 1 eiime with them, was home from school, heard grandpa say “I don’t want to have any trouble" saw papa and grandpa talking but couldn't hear them. Saw father strike grandpa with his fist, grab him by throat, hit him again when grandpa tell, pupa knelt by him and began hitting him. I screampd and mamma came. Pa hit grandpa in face, saw Ira take pa off and they went to water tank where pa washed his hands. People came and men carried grandpa into house. I stayed at the burn, saw grandpa afterwards in bod, his face was cut, oouldnt’ see his eyes. Ho died next day, he wan buried nt Knox Chapel, I wont to funeral. Cross examined by Judge Heller, ho told his story over and told it wall, said he climbed into wagon while the num were talking. Saw grandpa strike at pa after he slid off the wagon board. Ho missed papa both times.papa kept on walk ing towards him. Grandpa lit on his buck. 1 went to Schnepps to get help, no one there but children. Mrs. Sohnepp had gone to our house by the road and 1 cut across Held and mined her. Didn’t see men carry grandpa in but saw him in bed. Asked if his mamma hud told him he would have to come to court and toll what he knew, he said yes but she didnt' tell him what to say. saw his father twice in jail, both times with his mother Dale made u gixul witness and proved himself a clover and brave little fellow. He stood the hours strain well though ho held buck tears with difficulty. As he left the stand ho broke down and sobbed bitterly. His mother reached forward grasp

The Daily Democrat.

ed him and kissed away the tearsWhile Dale gave his testimony his father watched him constantly. DR. C. fl. SCHENCK. Lives in Berne, physician, graduate, is county coroner, was called to Union township Spet. 10 to hold inquest over body of John Busenbark, post mortem was held byDrs. Clark and Coverdale, was present all the time and I examined body, described the wounds as other physicians had. Believes the injuries were sufficient to cause death, due to the shock to a person sixtyeight years old. Adjourned at 5:30, A telephone message was announced for Mr. Pontius of Geneva who was allowed to go to the phone in charge of a bailiff. He return ed shortly and reported that his wife's sister was lying at the point of death and his folks wanted to! know if he could come home. He ' thought he could be excused and the case continue without him. When informed that such was not the case he concluded not to go. The lady is Mrs. William Potter, who lives five miles west of Geneva. She has been sick for some time with consumption. MORNING SESSION. Court did not open this morning: until being delayed a few moments because the prisoner had been taken to a barber shop byl deputy Butler. When brought in Osborne looked tired and apparently 1 had little interest in the proceed ings. The crowd in attendance when court convened was smaller than usual though before noon the room was well filed with people eager to see the principal in the big - caw or hear some of the evidence. I Mrs. Osborne and son Dale were not in their usual place when court opened but the former came in with some lady friends shortly afterward and took a scut farther , back in the court room, whore she , was practically hidden from view. 1 DR. SCHENK Again resumed the stand this | morning und said lie beleived that! some blunt instrument was used to i inflict the wounds, the injuriesj could not be inflicted without mark-I ing the hand of party who delivered ' bolws. Cross examined he said I this was his opinion but under certain oonidtions this might not hold geod. WILLIAM BLACKBURN Went on the witness stand to correct the statement that he had not won Mr. Osborne after night of Sept. 8. saw him next morning and 1 he looked wild. ALBERT BUTLER Sheriff, exmained hands and face of prisoner after taking him into custody, found no murks or bruis , es of any kind The knife taken from prisoner < >sborne was offered in evidence and handed to the jury for their insfiection. It a large, , two blade knife, quite heavy and 1 with black handles. Attorneys for the defense objected but the knife 1 went to the jury. JAMES MeCUNE Lived in Monroe township for ( forty years, is farmer, was member of grand jury which indicted Os-

DECATUR, INDIANA, FRIDAY EVENING, DECEMBER IS, 1903.

borne, identified witnesses who were examined before grand jury. Unable to ascertain what kind of weapon was used by Osborne in inflicting the wound, didnt' understand that any was used. IRA RCIHARDS Was recalled and said that John Busenbark died in Adams county. Indiana, was the same man assaulted previous day. and of whom he told before. State rested at 9:50 this morning. DEFENSE. Statement by D. E. Smith. He said evidence for the defense will disclose the fact that some 35 years go a boy was born in Grant county Indiana, that this boy came into the world from descendants who are afflicted with disease including mush insanity and consumption. That a great uncle, and an uncle were insane and committed suicide, an aunt and other relatives die of consumption, that a cousin is a

—I ■ - .. DAVID E. SMITH One of the lawyers for the defense in the Osborne murder ease.

raving maniac in an Indianapolis asylum, that a sister is crazy and is kept constantly in cell at the old homestead, that a son of Osborne is idiotic. The evidence will further show Haiti Mr. Smith that .Toe has had several falls, th it he had at one time serious sick spell, that since that time he has been a man of many popularities that on the right side of the head of Joe Osborne, the skull is low and presses against the base of brain. Bnsenbark came to live with Joe last February and even from the moment they arrived here the old man began abusing mid tormenting Joe and kept it up until a sane man could not have stood it. The evidence will show <hat Busenbark was strong, quarrelsome, vindictive and bragged of his fighting ability, that he was disliked by his Grant county neighbors. The evidence will show that Busonhark and daughter Mrs. Osborne talked of going to < 'alifornia and to leave poor simple minded Joe hire. That Joe was at a tuill game here on Sunday and Monday and acted queerly. Mr. Smith said we will have a train load of people here from Grant county to show thut his rep utiuion for jieacc and quietude. Gentlemen —Joe Osliurne wus <»f unsound mind the day lie assaulted John Busenbark, Sept., s. and was not responsible for his act. That I further than this he fought in self defense for Busenbark wanted him out of the road and hud urged him to make the attack thut he might kill him. We will ask from your hands gentleman, ol the Jury,

said the lawyer, a verdict of acquittal. JOHN OSBORNE. Old grey haired father of the defendantwas the first witness called by the defense. Lived in Grant county 40 years, is seventy years old. wife is dead, her name was Eliazbeth Laisure, we were married in 1858 had seven children, six are still living. Wife had brothers an sisters. Joe is 35 years old. He lived at home until he was 21, went to school while a boy. When five years old Joe was butted against the fence by a ram and rendered unconscious. Shortly afterward he was knocked down while at play and his head cut open by striking against a two inch board, bled profusely, was unconscious until next day. At another time he fell from tree and broke his arm badly, again he fell off a rail pile and was injured. When twelve years old had long seige of brain fever. Since being hurt Joe has been very nervous and easily excited. Joe owned forty acres of hind in Grant county, house and barn burned about three years ago, everything he had was destroyed, saw Joe next day and he looked flighty and wild. Visited Joe once in this Continued on page four, column two

TRY IT AGAIN. Nicholson Law to Again Run the Gauntlet. It is generally understood that an a tempt will Ik- made in the next legislature to amend the Nicholson law by abolishing the blanket remonstrance feature of it, und the leaders ol both pari'■os tire fighting shy of the proposition. Among the republicans it is declared that it means political suicide, for the party that tries it. and the democratic loaders assert thc> would Ik* fools to endanger their •hnncesol success by interfering with the law. All the same, the movement has vturted backed by the brewers and the liquor men and helped along by men in both parties. A wholesale liquor dealer is authority for the statement that two years ago the liquor associations, including the brewers »|Hint 135,000 to elect men to the legislature who would vote to amend the law, und he says that twice th it sum will lx* spent next year, if necessary. A Letter to Santa. Monroe. Ind., De. ll’>, 1903. I u-ur <)kl S mt.i <,ius—l thought 1 would write you a few lines to let you know what I want lor Christ mas. 1 want-a story book and a set of nice dishes und 11 sled. Bring my nuimmii a new dross and me some candy und oranges. From your dear Friend Naomi Dulin.

IN THE CIRCUIT. True Worth May Travel in Fast Company. It is Thought That Next Season He Will Be Going in the Grand Circuit. Decatur's famous race horse, True Worth will without doubt he traveling upon the Grand circuit race tracks next year as Mr. Kirt Gosnel a famous gravel Grand circuit driver and trainer was here yesterday in consultation with David Flanders and son George. True Worth is a fine four year old trotter with the brightest of , prospects before him and if he placed in the hands of a good man i will undoubtedly travel around the enclosed circle at a gait much faster than ever before as now this animal has a mark ot 2:21 3-1 and when placed upon a mile track it is the beleif of Mr. Gonsel that he will go less than 22:1-2. This horse has won conisderable money for his owners and it is the height of their ambition to have him noted among the fast horses of the day and they are now going at it in the right way. Gosnell comes highly ' recommended from Columbus, Ohio where he stables and winters I his string of horses and ranks high I in the estiinaton of turf followers 1 not only as a trainer but as a fine | driver even classed among the only I Geres. Henry and Doble; thus i you can see the advisibility of plae- : ing him in this parties hand. The I Democrat joins in with all the rest ,of the adimirers' of this piece of horse flesh in wishing him the i champion trotter nox* season of the I Grand Circuit races. AN ACCIDENT. Pat Wilhelm Nursing a Badly Cut Hand. Pat Wilhelm is certainly having his share of misfortune here lately, just getting over a very severe sick spell and now nursing a very badly cut hand. The hist | accident happened this morning at the Burt House where he is employed and was caused by making a mis step while balancing himself on the railing of the bar to light the gas lamps. He slipped and his left hand through the cigar case, cut ! ting every finger anil truly lacerating hi« hand and wrist He iinme- ! diutely gave it medical attention anil now thinks no serious results will accrue therefrom. His left | hind will not lie in use for several ’ days. FOR THE BABY. — A Few Appropriate Gifts for the Little One. Have you chosen baby’s Christ I mns present yet or if not ha ve you ' thought of any of these? A spoon, gold finger rings, plated gold safety i , pins, silver plate dumb, a Handsome I , new cloth animal, sterling bracelet , ; into which she will grow. A good | plated gold pin, u very pretty silver | ! bib holder, u dainty cap of white ■ lieganalini*. a tame chamois animal, ' becoming crochet cap in silk und : wool, erochet sacquc in wool with dainty silk edge, handsome roller chimes a music Im >x that goes, a bank warranted not to burst., sub . seription to a pretty baby journal, I clear little* doll if she be old enough.

NUMBER 291

NEW SYSTEM. Pension Bureau Considering Plan of Abolishing Boards. S ddiers in Indiana will bo inter ested in a proposition now under consideration at the Pension Bureau It is proposed to abolish the presi ent boards of examining surgeons and substitute in their place I traveling commissions which shall go from city to city and sit at stated times for the purpose of examining such applicants us desire to present themselves for the purpose. The system now in vogue regarded by Commissioner Ware as defective in many respects. He believes that certain standards which are not pos sible under existing conditions should be fixed. It is pointed out, for example that theve is no uniformity in the reports of the boards and that changes in the personal board frequently result in modified reports when at an applicant is examined that second time. In the* proposed plan were put into effect tho traveling commissions would work in accordance with fixed rules and be under the immediate supervision of the commisisoner of pensions. SEE GHOSTS. — Epworth League to Give Social Tonight. ' Rev. John C. White Has a Mystery all His Own. The Epworth League have a soli il this evening in the parlors of the Methodist church which they are pleased to term an evening with the ghosts. Conisderable mystery is veiled up in tho affar, oven a Democrat reporter failing to unearth any of the dark mysteries. We conclude therefor, that the only way to relieve your curiosity and iat the same time to perhaps sei* a real live ghost, is to attend the social jin person and keep both ears and • ■yes wide open meantime. At any rate you will have tho pleasure of l spending an evening with ghosts and that will be worth the price of admission. In talking about mysteries Pastor John C. White promises to have some thing aliout which you now know nothing. The time and place when same will be uncaged and the public given the only opportunity of their lives to inspect it, will Ik* next, Sunday morning, at half past ten at the Methodist church, corner Monroe and Fifth streets in the city of Decatur and county of Adams. As u general thing the Democrat does not deal in mysteries, but here is a case that causes ns to break tho general rule. Th<' proper affidavitis on file, how ever, that warrants us in tho prediction that no disappointment will ensue should you be present at tho time and place stated Announced a Death. A telegram reached the city last night advising Mr. and Mrs. John Bollinger that an uncle of the latter Mr. Aurand hud been found dead nt Ltine.istcr, Ohio. No details ciinie with the telegramund it is not known whonther it was a case of suicide or tin accident. The daily papers this morning failed to toll anything about it. Mr and Mrs. Bollinger will not attend tho fun oral which will take place at laine.ister.