Daily Democrat, Volume 1, Number 295, Decatur, Adams County, 23 December 1903 — Page 1

VOLUME 1

THE EVIDENCE IS CONCLUDED!

Arguments Began at 2:45 This Afternoon. Hon. Clark J. Lutz Opened tor the State.

A VERDICT CHRISTMAS Twelve Hours Given for Arguments. Case Will Go to the Jury Some Time Tomorrow Evening. MORNING SESSION. The attorneys for the defense announced at the opening of court at nine o'clock this morning that they rested their case. The announcement (Mine as rather a surprise us the defense had expected t<- use several witnesses this morn- ' tug. The State attorneys ininii J udely Li gun their rebuttal to the; defendants insanity showing by '•ailing their first witness The ■ • art room was well filled all day with spectators. REBUTTAL BY STATE James Crozier, lived in Union township 55 years, knows < tsborne, his met him several tmcs. talked to him. First time we talked of his corn crop, talked of corn again afterwards, again he rode to town with me, spoke of selling his farm and going hack to Grant county, didn’t want to sell for less than he paid, said old man would sell il we could get the price. Osborne was of sound mind. Cross examined. Hired han't heard second converse ti m. have no more interest in ease than any one else, rode mile and three quarterswvith him. this was about August 20. FRED KOLDEWAY. .Lived in Union township all his life, township trusb-e, know- os liorne, tiilk'-d to him, served ditch notion on him to clean ditch. Joe talk's! alamt the ditch and about gravel roads, said they were nice things ulact about his assessment on the Sheets ditch. Had another c mversation with Joe at his barn, w.is coining to town when ruin camo up and 1 stopped, talked about Jimi's Grunt county farm, -aid he wasn't luted tc farming heVe, said he had lieen east of \an Wert looking at land, said it was tine country with good buildings and good road. I think he was of sound mind. Cross examined, saw Joe first at sale but didn t talk to him. JOHN STEGMEYI.It Lives in Union township, east of Haugk farm half mile, knows <>- borne and talked with him. he has been at my house several times, twice anyway, first time talked . of tile ditch that had been located next time to see about threshing, have seen him at work, met him on road, believe he was per-on of sound mind. Cross examination.

The Daily Democrat.

saw him when he moved here in March, looked like any other man, I met him on road, saw him often, sometimes every day. FRANK ROOP. Lives in St. Marys township, slightly acq uainted with Osborne, first met him at my home, came to look over my [arm, talked about , land, price of it, said he would sell if he could and wanted to buy another piece. Saw him next when Ben Hurs had picnic in Sam Helm’s grove, I came to town, going home it rained, stopped in bridge. Joe came over from blacksmith shop talked a little, next time he came to field when I was drilling wheat, talked uliout sewing early, had never seen drill like mine, stayed awhile, praised my drill. Next saw him at Osborne’s farm follow- ! ing day, Sept, s about four o'clock. Dont' know whether he was of sound or unsound mind, wasn't well enough acquainted with him. Cross examined, said he looked wild when I saw him Sept. s. Reexamined. when 1 saw him he had knife in hand and was cutting stick. S. W. PETERSON. Lives in Decatur, hay business, councilman, seen Osborne twice, • was at his place Sept, s to buy hay, -aw Osborne, talked atxmt the iiaj, Jih 1 said he was ready to sell if the old man was. He went with me to Meyers farm, talked about hay. came hick, saw Busenbark and bought hay. talked about boarding the balers at Osborne’s, 1 told him the boys would be there tomorrow to bale, believe he was of sound mind. george ba userman. Live- in Union township, half mile from Haugk farm, met Osborne. met Joe first time walking to town, he rode with me about two miles talke.l. met him next at his farm, they were threshing: ride with him half mile afterwards. going to threshing, met him again at Brown’s threshing. He was of sound mind Cross examined. ELIJAH WALTERS. Lives in Union township, met Os I Ix.rne mice at Solomon Schncpp, were there half hour, it was Sun--1 day, my fence had been fired and I Ive talked aiwut that. I thought he was of sound mind. Cross examined. SAM LEHMAN Decatur, member of firm of J.S. Bowers A- Co., hardware business. Knows OslMirne. have seen him at store a numlier of times, talked with him. sold him goods, a wagon. disc harrow, have seen him on streets. He was of sound mind. Cross examined. Busenbark cume with 1 »-borne once to look at roller. OLIVER WALTERS. Union township, lives mile south of Haugk farm, knows Osborne, n) ,.t him four or five times, talked to him, help."! him thresh, was at mv house once, met him once at pienie st Calvary, talked about I threshing, agreed to exchange work. I Believe he win of- mnd mind. A. RABER. Live in Union town-hip 26 years, kni)W s Osborne, dime to my house /„■ btty pigs, dickered about the

DECATUR, INDIANA, WEDNESDAY EVENING, DECEMBER 23, 1903

price. He camo buck a week later , and we talked business again. Be ! lieve he was of sound mind. Cross examined. Busenbark came with Joe first time but didn't talk much. DALLAS BUTLER. Deputy Sheriff, knows Osborne, talked with him, seen him about jail, talked with him, told me he wouldn't worry over trouble if his wife didn t treat him so mean, said he didn t see why he did ’the awful act because he knew the penalty. In one conversation on way from court house to jail he said, “If they don't leave us show Basenbark's; character they will belt me,” another time he said, "when they struck out L"ars evidence, they struck out my best evidence." Cross examined. NELSON MAY. Lives in Union township on farm i adjoining Osborne's, knew defend ant, met him first at Julius Haugk's sale, met him afterwards, have I worked considerable for each! I

A A A Adams County Jail Where Prisoner Osborne has been confined since September Sth.

other boarded with each other, talked often on various subjects, about crop, and about his partnership with Busenbark. Beliexe Osborn was of sound mind Cross examined, knows Laura Osborne, been at her house six or seven times since this trouble came up. JOHN MEYERS. In saloon business, Decatur, knows Osborne, lie came to me last June and asked me to get him some men to help hiim make his clover hay, talked several minutes, talked once after that with him, lieiiove he was of sound mind. LETTIE SCHNEPP. Testified liefore, knows Osborne, lieen at our house, a large number of times, my husband and Joe neighbored and exchanged lalior, has taken meals at our house, heard him talk, I was one of first at Osborne’s day of fight. Saw him at Calvary picnic. Believe Joe Osborne is of sound mind. Cross ex a mined, never talked to Mrs. Osborn' about case have talked with my husband, never saw defendant excited. D’.ln t know Busenliark. LAURA OSBORNE. WIFEOF DEFENDANT, married 13 years last October, knew several years before married. Have heard him talk to other people often BELIIVE he is of SOUND MIND, but this evidence was excluded for the present Judge Erwin stating he*would look up the law on the question. SOLOMON SCHNEPP. Lived in Union township all his life, mot OslMirne first February 20 at llaugk's sale, came to my house to see me about taking care of his stock. Saw him next when he moved here, talked with him about the hid roads. Met him number of times, neighbored with him. ex changed w irk, r cut my wheat. I hel|)cd him make hay. Ent together ; talked some. Mr. Schnepp told of number of conversations with Joe \V" wont to b ill game at Steele's park one Sunday afternoon, looked at Frisingers horses at fair ground, then went to grand stand, Joe went I over where the boys were playing,

Decatur and Fort Wayne teams were playing, saw Dr. Clark, ta Iked with Joe at one time about the land deal between him and Busenbark, advised him to take back forty acres. Asked Joe mice to go into ‘‘cahoots’’ with me, Joe sad “I’ve hud all the ‘cahoots' I want." He was of sound mind. Cross examined. At ball game Joe looked like he always had. AFTERNOON SESSION. At 2:15 this (Wednesday) after noon attorney Moran representing the state suid , “WE REST,” and the big murder case, so far as the evidence is concerned was over after seven days work. The court room was packed and many who so desired failed to get in. Judge Erwin announced that he would allow twelve hours for argument, six hours to the side and at the sound of the gavel one could have heard a pin drop, so quiet was the big audience. At 2:45, Clark J. Lutz, attorney for ho state addressed the court and jury and began the argument in the now famous murder trial. His appeal was eloquent, and brilliant, and showed his thoroughness as a lawyer. He stated his position, spoke of the grave question to he decided, then read Continued on page four, column two

WERE SCARED. John Rex Had Narrow Escape From Runaway. John Rex and a cattle buyer whose name we were unable to learn had quite a little scare last evening. They were out west of town looking over some cattle with the intention of buying same and hjpl go) into their buggy to make their return home and started off when the reach in the bug gy broke causing the same to be overturn and throwing both of the occupants out upon the public I highway. John hud presence of 1 mind enough to hold on to the lines and force the horse into the ditch jand up against the rail fence there by averting a runaway. They patched the buggy up a- best they could and proceeded to make a very slow drive home. Fortunate ] ly neither of the men were hurt I with the eexeption of being jarred ; ■up some. The damage to the bug gy is small. ANNUAL MEETING. Great Northern Fair to Meet Next Tuesday. The annual meeting of the Great I Northern Indiana Fair Association I will Is- held in Borne on Decemlier '.’9. next Tuesday. This is one of ’ the important meetings of the us | sociiition, and when all committees and siifierintendents are appointed The work of next years exhibit is outlined mid discuss! d and in all resfM cts is u gi n nil meeting in lieliall of the welfare of this very important association. The officers us well ns all members have lost none of their enthusiasm mid the next exhibit will be no exception to the high standard already set forth these association fairs.

DECATUR BOY HONORED Chosen on Faculty of St. Louis College.

PROF. CHARLES M. SIMCOKE Will Begin His Duties February Ist. To Have Charge of the Commercial Department of Large Institution. - His Success. The township high school will soon lose another instructor of experience who is going to leave Joliet,because the salaries paid here are not equal to those offered in other cities. C. S. Simooke, who has charge of tho commercial department has accepted a position on the faculty of tho new McKinley high school at St. Louis. Mr. Simooke will nogin his duties at St. Louis Feb. 1. He will continue his

THE ICE MAN. Jim Place Now Uses a Megaphone. lim Place the ice cre’itn ntitnii 11 facturcr breeder of fancy dogs and I owner of fast horses, was humiliat !ed this morning about ten o’clock ■| by falling in the St. Marys river. > I Jim was on the river watching and ; instructing his men how to cut ice ! and store it away and in so doing Igo too close to an opening in the ice. hjs feet slipped out from under 1' him and he slid gracefully but with la tearful look on his face into the : icy and raging water of the St. I Marys. He went down mid down • until nothing was seen of him but 1 his two ears as he came up. He came u]i spluttering and spitting water and nt once proceeded to u-e his aquiatie ability and swam to I shore, iu fact had one seen him ho i would have thought it was a largoI steam Isjat ploughing itself through ' the water. Jim was at last drag i i ged forth from his watery resting 1 place and on searching himself I found that while in the water he I ' had captured u pocket full of fish. ' I Fh> changed clothing, but did nut go | near the water again but used a yiegn phone. . AN ARREST. Plain Drunk Taken to Jail This Afternoon. A big wild eyed Irishman whos 1 name we were unable to learn and who has been lying around town all day trying to consume all th" booze in our city, was arrested by Marshall . Corduti at three o'clock today. He was found faying iu tlietiilev at the rear of th" Keubler A Moltzdry gissls stor" and when Cordua tried to get him on his f<*"t it was founn that it was impossible for him to walk. . Frank Dibble's drav was pressed into service as a patrol wngom and he was 1 loaded in and carried off to the j lil, > where lie will, without doubt, spend a 1 merry (’hristtniis and a happy New I Year.

NUMBER 295

work at the local high school until a few days prior to that date. The appointment comes to Mr. Simooke in the nature of a promotion and carries withit a substantial increase of salary Tho instructor is to receive <1,040 per anum for his services. His present salary is <750. Mr. Simooke began his work at Joliet in September 1901. He organ ized the commercial department at the high school. Under his direction the work in this department has be come one of the most thorough and popular courses in that institution. The number of students enrolled is 160. Instruction i« given in all the subjects taught at a first class commercial college. Instructor Simooke ’s home is at Decatur. Indiana Prior to coming to Joliet, he was principal of one of tho ward schools of that city and subsequently he taught in the Decatur high school. The departing instructor has lieen popular with the stulents and teachers at the high school and he has many friends who regret that he is soon to leave Joliet. The high school, to which Mr, Simcoko goes, is a now institution that has been added to tho educational system of St. Louis within the last year. The building will be thrown open for pupils for the first time February 1. The faculty throughout is a new one.—Joliet (111., ) News.

A SMALL BLAZE. The Residence of Dick Reed Had a Narrow Escape. About eight o'clock lust evening the water works whistle sounded the West End fire alarm and three companies responded. The Central and West End hose companies and the Hook and Lidder Aggregation made the run but found the fire out. 1 While the family of Dick Reed was I absent from the home on North I Ninth street, a curtain in the j kitchen eaught fire from a lampand J the woodwork quickly ignited. It 1 hud a good start when two of the children returned and the alarm was immediately given. The fire was ext imruished with a fewbuckets of water and the damage done was very slight. Had the i fire a few minutes mor" start it | would have doubtless lieen a serious conflagration us it wits hx-ateil in ■ the most infkimm ible part of the * house. — DIED YESTERDAY. I Miss Lona Andrews Died at Her Home Near Monroe, The death of Miss Lona Andrews the daughter of Mr. and Mrs. Nathan Andrews, occurred yesterday | afternoon at one o'clock. The de- > ceased taken with the measles, and then Sunday catarrhal fever begun 1 making itself felt, and from which ! death resulted us stated. Miss An drews was it lieiiutiful young girl, ' fourteen years of age and her friends were only limited by the nutnlier of her acquiiintan"i s The funeral servi'vs will lie held Thurs dny morning from the Methodist 'church at Monroe, which will lie followed with interment in the Ruy cemetery. The announcement of her death was a severe shock to her family, -h" being an especial favor ' ite.