Daily Democrat, Volume 1, Number 294, Decatur, Adams County, 22 December 1903 — Page 1

VOLUME 1

HYPOTHETICAL QUESTIONS

The Doctors on the Rack Today. All Agree I hat Osborne is Insane.

THE SEVENTH DAY Evidence Will Not Conclude Today. Case Has Apparently Lost None of Its Interest to Spectators. MORNING SESSION. It was a few moments after nine dock this morning when Judge .rwin called the Adams circuit rart lo order and activity was r<- ■ ' imed in the Osborne murder t; it. Attorneys for the defense-cemed to uve worked diligently since tl. irly adjournment of Monday even ■!_’t<r the JJvpothetical quc-tum repared was certainly a ‘corker. • wering fifteen pages of legal cap. typewritten and requiring thirty live minutes to road. The question ■gun with the life of Osborne when two years old went over every uliarity of the defendant. every eeident that had befallen him, • very disease he has been afflicted th, the facts of insanity and consumption in his family, the story ‘ the ass sujt resulted in the death of his father in law, John Dusen hark; in fact the question gave a •ndensed story of the life of Joe Osborne and those who heard the question, heard the evidence <>f the defense al) in one continuous question. A larger attendance than usual was present this morning when court opened. Mrs. Osborne was again present but still assume* her indifferent attitude She has attended every session of court *>nee the trial opened, but still - >‘tus no more interested in the out come than do her neighbors. unless ’he conclusion that she does is taken from the fact that she refuses to have anything to do with the prisoner and that she testified for the State. She occupies the front ' it on the left side of the court ’ join proper and lias only been no tioud to speak to anyone once or twioe, during the week. Prisoner Oslxwne continues to sit between his brother Frank and sister, Mrs. I 011, near the table used by his o(>un»d. He looks healthy, even 'letter than during his apperance on 'he first day, though his head con tinues to jerk and he constantly pisses his hand over his forehead, the mean '.ime. keeping hi- eyes '”nt upon the floor excepting now and then when ho glances up |llll ' " hen one catches his eye, in an ' •Tort to study him, or otberwis'. h'- immediately looks away Dr. II lb Pl irk was the first physician cttlhsi this morning. He answered patiently to the long tiresoim qui - , ’°n as asked by attorney \msden UT >d in answer to the last s< nt< ne<

The Daily Democrat.

in your opinion would that person be of sound or unsound mind?" answered he was of unsound mind." The counsel for the defense feel contident of victory and that they have put up the best tight possible. The State is likewise confident and expect to show some rebuttal testimony that will tear down to a great extent the im anity defense put up by Osborne s attorney. The outcome is certainly in doubt and all kinds of opinions may be heard from people who have heard a part or all the testimony. Dr. Clark was cross examined by attorney Lutz, who took the questions apart, asked the doctor a number of them seperately. most of which were answered that "it might besymptomof insanity or might not be.’’ while insanity in ancestry, wild unties. I consumption in ancestry. quarreling. fact that he had received falls, were indications of unsound mind. The cross examination required nearly an hour. JOHN H. HALL. Member of firm of Hall. Son. &- Fulk, real estate business, Decatur. , knows Osborne, sold farm to he ard Busenbark. The latter did all the talking when deal was made. Dr. b D Beavir*. physician and surgeon, graduate, took the witness i stand and in order to save time Dr. jW.W. P. McMill n and Dr J. M. Miller were allowed to take seats next to witness stand, and all three were asked the long hv]>othetical question at one time. The records were made to show each examination seperately and each witness was cross examined seperately. Dr. Beavers answered ” unsound mind." ; Dr. Beavers was then asked: "If, I person was struck by naked fist, | that immediately afterward it is | found that right molar bone isbrok . en, concussions on forehead, skin broken.patient is removed to house! 120 feet away and on way had hem- 1 orrhage. remaining unconscious 21 hours when he died, that upper jaw , bone is broken, that after death eyes were blood shot, that a post, mortem wus held in which no examination was made of vital or gans do you think that examination i was suflieient to ascertu in can « of death." He answered, "If ex- I a mined during life it would if after death.it would not. Also stated that it would not lie passible to tell cause of death at post mortem under conditions as previously stated without examining other vital parts of the body, eyes are blood shot when death results from apoplexy. AFTERNOON session The court room was "<'' this afternoon at 1:30 when court t reconvened. Dr- Hou ven. assumed his place on the witness stand and was re-examined by attorney Lutz,, wh o restated the case and asked if; . the physician who attended wounuL man could tell the Vans.- of death [I Without post mortem examination which Dr Beavers answered ■ y,, " he could presume but could 1 n , lt , f ( -|| accurately. would be groat ,<hoek in injury descrila d and to u I m;lll years old. Did not take t . ((W nsideration all things nieludei )tl to make up his mind bu . munberot.

DECATUR, INDIANA, TUESDAY EVENING, DECEMBER 22, 1903.

the incidents mentoined are instead of evidence of insanity, evidence : t alone, of sound mind, facts that de- j fondant quarreled over land and | farming tire not evidence of insun- ( ity. Re-examined, said party who ( had severe hemorrhage of arteries , of face might livel 24 hours. DR. J M. MILLER. 1 Physician in Decatur, heard ques ; tion read this morning, believes;' fierson under conditions given would ' * lie of unsound mind. Cross examin- '' ed, all children under five years old I who cannot talk plain are of un ‘ sound mind. Person who could mas- 1 ter arithmetic to square root would ‘ lie a fair scholar, fact that man > would argue and quarrel over divis- ‘ ion of land and of farmings who • shows man to have will power and • not to be insane. Some things in i the question would indicate sound I' mind, fact that Osborne sail after , 1 committing act charge said "that's • what comes of having a bad temper" | ’

y; jEik DANIEL D. HELLER An attorney for the defense in the Osborne murder trial.

shows remorse not insanitv. fact that (isborne threatened that if Bus cnliark goes back on mo he will never go back on another man" is evidee.ee of unsound mind. Im--lieves every man who makes a threat or commits an unlawful act is insane on that point, shows a weakness. DR H. F. COSTELLO. Physician in Decatur has had experience in nervous trouble, answered to hypothetical question that he beleived defendant is of unsound mind. Cross examined by Attorney Moran. dr w. w. p. McMillen. Physician in Decatur, heard question read this morning, remembers same, is graduate, has had some ex-psrieiw-e, beleived person asked in question would boos unsound mind. Cross examined. Many acts mentioned in hypothetical question show evidence of soundness of mind, instead of unsoundness. GAINING FAME. Charles Adelsiierg<‘r, now a student at Indiana Vnivorsity and formerly a reporter on this paiH-r, is establishing quits' a reputation as the author of a s< ries of humorous articles which have ap|x*ared from time to time in "Tho Indiana Stud?nt," a university publication. The sketches are dune in lush diulect and prove the author to lull master of that difficult brogue ns >will as having u lino sense of hu . mor.

HAD A BONE. Charks Estd Repairs One of His Injured Roosters. ( ’buries Estel who lives about four and onehalf miles south of the city had a very novel experience with a fancy rooster he owns. He went out to feed his chickens and noticed the rooster’s eraw was all swollen up about three times its normal size. He of course thought that the chicken was effected with seme kind of a disease and would die, so taking it np in his arms he took his knife and cut into the craw und extracted there from corn, oats gravel and in fact everything imaginable that u chicken would eat, and so found a piece of bone about, one inch’ long and a half inch wide sticking in its throat. He pulled this out and sewed up the wound and the rooster today is as good us ever. Mr. Estel accounts for the accidents by thinking the rooster tried to make a hog out of itself and bit off too large a piece and it got stuck on him. Now every time the rooster tries to crow it has a stitch in its throat.

BANK ROBBERIES. Five Thousand Dollars Secured. The Telephone Girls Frighten Burglars at Bloomington. SpDClulto Dally Democrat. Tower Hill, 111., Dec. 22—Burglars blew open safe at the Tower | Hill Bank last night and secured SSOOO. They then stole a rig and cscajM'd. Members of the AntiHorsethief Assix'iation are in pur suit. Attorney General Hamlin is is one of the stockholders in the ! bank. Hperliil io Tii" I hilly I ivnuK'nO Bloomington, Ills . Dec. 22 — Robj iK'i's wrecked the lunik at Anchor I with dynamite, but got nothing. Just us SIO,OOO was exposed the tclephom liells liegun to ring. ' fright jning bandits away. I

A GOOD PLAY. “Little Trixie’’ at Bosse Opera House. Much Favorable Comment is BePaid the Entire Caste. I X - - The production of the play "Little Trixey’ by theHighSchool Dramatic Club and given under the auspices of the Rathbone Sisters for sweet charities sake, it was greeted by a large audience last evening at Bosse’s ofiera house. The play was absolutely pure in sentiment and I the story and the comedy was of the I highest order, and brilliant in dia- | logue. The theme was elevating and the production on a whole, was fully appreciated. The parts of the play were true to life and can be found in every community. The comedy cluiracters of an eratie dude and a susceptible widow, who like all other widows was anxious for another plunge into the sea of matrimony, were well taken and carried out by True Fristoc and Yada Martin, and wore ridcnlously funny and the mere speaking of their lines kept the house in un uproar. The part of "Little Trixey" taken by little Mary Erwin cannot be commented on enough, as the part was a heavy one, and for one of her age to carry it through with out an error, certainly speaks very highly for her, and showed the earnest work of one who desired to play her part well. In fact she was the center of attraction and the basis on which all the other I parts were built. Special mention , should be given to Henry Thomas who so skilfully drilled the mem j bers of this club and under whose guid inee the play was brought to i such robished standpoint. The play on a whole was a success, not only I in a dramatic, way but also in a financial way and the proceeds of this . charitable act will without doubt I bring much gladness to some of the lonely homes of this city, and should i the Rathbone Sisters ever conteniI plate giving another performance |of this kind they will certainly lie ; greeted with a full house. Betwei n i the acts a polite vaudeville was in- ! troduced and was as follows: Cornet I solo by Jesse Selletneyer, a pantomime and ssirt dance, song by Mar ie [Beery and dance given by Anna Snellen, bass solo by Robert Ems. berger, with piano accompaniment by Miss Dessie Beery. WERE ENTERTAINED. — Friday Clnb Entertained by Mrs. A. E. Rose. Mrs. A. E. Rose delightfull enter- [ tained the Friday Night Club at I her home on Third street last even- i ing and from all reports they certanily had a fine time. A full membership was present and the evening was wiled away by playing pedro and a very spirited contest took plaoe for the prize offered. At the close of the last game it was found I that four ladies were tied for first 1 plaoe and an extra game had to lie i played to determine the winner and Mrs. John Holler proved to be the lucky party, receiving for hotpains and labor a fine Haviland China cup and saucer. After the excitement had subsided a tine two course lunch was served which all did justice to and at the eleventh hour all adjourned to their re-qiee five home.voting Mrs. Rose n fine entertainer. The out side guests who were present and join «d in the fertilities were Mrs. Floyd Britt son, Mrs. George Flanders Mrs. John Peterson, Mrs. Thomas Reed and Mrs. John Heller. I

NUMBER 294

' A TIMELY GIFT. Mel Butler Gets an Acceptable Christmas Present. ‘i While delivering and collecting his usual grist of mail yesterday on Route No. 5, M. J. Butler, the carrier noticed a fine turkey fast in the mail box of one of his patrons. On investigation its legs were found to be securely fastened a and . a card bearing this label. "For the Mailman-.’’ It was attached to the bird. Mr. Butler says this makes it possible for himself and family to enjoy Christmas dinner just the same as people who are not mail carriers on a rural route. TO END TROUBLE Berne Saloons to Close April First. An Agreement Reached in the Berne Remonstrance Cases. — As set forth in Friday's issue of the Witness the vexatious saloon question in Berne is on a fairway towards settlements now. The three saloon keepers of Rcrne, tho validity of whose licenses were (or is) tested (in case the present ]iendi ing compromise should fall through) on December 31st in the Jay circuit, 1 court, have offered the remonstrators a compromise in which they agri e to go out of their present business for good on April 1. next, and not to engage in the same in any i shape or form again (saloon or club ’ room) provided their cases in tho Jay county court are continued to t that date and then dismissed on i their paying all the costs. It may be borne in mind that their after ■ ney, Shaffer Peterson, has been chiefly instrumental in effecting a compromise, as he was well aware of the hopelessness of their side of the case. In view of this fact their attorney himself admits it is asking a good deal by the saloon keepj ers of the magnanimity of the remonstrators to asks for three months more to conduct their busi- , ness on the illegal license. Neverithelcss the majority of the remon I strators seem ready and willing to i generously acquiesce to the terms !of the compromise, simply for the ; sake of peace and good will and the | more so Ix'cause the remonstrators are well aware that the present holders of the illegal saloon licenses arc not the only cause of alt i the trouble.—Berne Witness HAVE MOVED. ■ I - . Interurban Camp Now Located at Midnight Run. A few days go the interurban : < ump picked up its belongings and | hied itself from Monmouth to Midnight Run where they will be locat'ed for some time to come. The 'cause of this was owing to the fact j that the grade fiom Monmouth to tho river bridge just north of tho city has been completed and it wa.-t necessary to move to take up the I work at another section of line. Os course the grade as it now is, is not yet complete as only tho rough l work wit* placed in and it will no eessitute going over again to level and even up before same cun be used for any practical purpose the work on this hr. ■ line is progressing fine and a gyod force of men are kept busy at all times. At present Mr. Tubninn informs us that n o one has sen the ghost at their new st unping ground.