Daily Democrat, Volume 1, Number 295, Decatur, Adams County, 23 December 1903 — Page 2

EVIDENCE STRICKEN OUT Defense iNot Allowed to Show Busenbark's Character.

A LEGAL BATTLE Part of! Six- ’ teen Witnesses Withdrawn from Jury. Judge and Attorneys Discussed the Law for an Moor Last Evening. After a ten minutes intermission at 3:30 o’clock Tuesday afternoon Dr. McMillen again wont on the witness stand and stated that the will power is one of the elements of the mind. The question was then asked him “was the defendant in this case at the time he struck the blow referred to in hypothetical question, a person able to control his will power?” <tbjeeted to by attorneys for State and sustained. Said defenant’s will power was unsound. Don't believe the cause of death of Busenbark could be ascertained without holding a postmortem ex amination of body and examining all vital parts. Cross examined by | Mr. Lutz, and insisted that post.morten was necessary to show cause of death. Shock or hemorrhage might have caused death, material results. If attending physician knew of the hemorrhages he should t>e able to tell cause of death DR P B. THOMAS. Physician and surgeon, Decatur, graduate, had experience in mental and nervous diseases, believes at time of assault on John Busenbark. defendant was of unsound mind. At five o’clock the jury were sent iusK Him. “Yes. ma'am." said the peddler, “this iierc lu:ir tonic will raise hair on a billiard ball." ■‘Hut will It rail lull’ 011 a putup kin?" asked the lady <>f tlie house. ‘Wt || I should say so!" “I'll take:. bottle and uet my husband to trx it." Judge Housewife s >me days I undo oisnit everything the servant does. Seis,nd Housewife Gracious' flow d« yot: dare?—lietru t free Press.

FACTIONAL DISSENSION AT INDIANAPOLIS

Indianapolis. Dec. 2: -The ft< publicans who hate been trying to find something to rejoice or r in what they called the threatened split in the I>era-! ocratic party here over the selectioil of the district committeeman, apparently are to be disappointed in their | hopes of a fight When Joseph T I'an- I ning announced some lime ago that lie was a candidate for re-election. Chairman Keach of the city committee said he would tight Fanning. Preparations were made on botli sides for a battle. Since then cooler heads have come to the front and advised a peaceful settlement of differences The Indications arc that their efforts are to be rewarded and that the prospective battle is to be declared off The primaries to elect delegates to the tils • rlct meeting are to be held Monday evening. Although this is less than ■ a week off no caud dale has yet ap-' >»eared against Fattiiing The understanding is that the warring elements have decided it would l»e unwise io get ’ into a tangle just now, when the chances of carrying the county are so bright, and will allow Fanning to l»e I re-elected. This is only in accordance i with the usual cnstoui of giving a committeeman a second term. Fnlcss the calculations of the managers of the st. Isstls World's Fair i are far wrong, about everj third person <h«- visitor to tin- exposition next year passes, aside from Missourians, will be n native Hoosier or at least an . adopted son of the great state. This la the projKß'tlon of visitors the managers of the exposition <-otnpan> an> <<>iinljng on coming from Indiana At

; !to their room and attorney Lutz , i presented a motion to strike out the evidence of a number of witnesses in which they testified as regards reputation of John Busenbark, because deceased was not aggress* r in i the assault and at the time made no ' demonstration and that Osborne | struck first blow. The motion asked the evidence before presented be : withdrawn from the jury. To this i motion Judge Heller objected for reason that this evidence tends to ' support defendants plea and that it { would be unjust to strike out any iof the evidence of defense and self- • defense of the defendant under his I general plea of not guilty. Judge Erwin overruled the objecton sus--1 tained the motion an cited late cases from the Indiana reports. The motion includes part of the evidence of sixteen of the witnesses. Afterwards Judge Heller submitted another objection to the motion be ; cause the striking out of the evij dence will tend to disprove the plea i of insanity as filed by the defendant. On thisquestion Judge Heller plead eloquently for defendant for admission of this evidence, saying that it could not harm the State and the defendant is entitled to all the evidence he can secure. Judge Erwin stated that he believed his duty to pass on the question of what evidence should be permitted and after looking up all authoritieshe can find out, and the second motion was therefore overruled. The evidence stricken out was that of Charles Lehr, John Pinperman, William Wright, William Riabald, A. Phillips. J. T. Williams, T. J. Killgore, J. H. Cone, James Lehr, Albert Hinton, E. Killgore, W. Flinger, J. O. Hines, Lee Hines, Joseph Hannan and J. P. Long, on the questions and answers regarding reputation of Busenbark. At six o’clock the jury were recalled and Judge Erwin instructed them that their, evidence is withdrawn from them and that they are not to consider said evidence. The < iiwhew Xot. The cashew nut serves a unique purpose as a cosmetic in the West Indies, where women Jv.-iiiug io remove ex- , cessh-e tan anoint the skin witii an oil from the outer surface of the raw nut. 1 or two weeks the patient must retire from society, for the face and bauds so treated turn black. At the end of a fortnight's seclusion, however, the wo man who has undergone the cashew treatment emerges, observers state, "with skin and ourplexiou as fair as a babe’s "

the World's Fair Headquarters nere letters have been received asking the members of the commission to express their opinion as to whether this ratio is too high. This the members have declined to do. One of the commissioners today, however, said: "While 1 would not like to make a guess that. Indiana will send one-third of the visitors to the exiMisition, I believe the number of Hoosiers who will attend the fair will be very large. Although it is still several months until the fair is to open. I find in my district at least that the people are already talking about the exposition and planning to spend their summer vacations there. This being the case w-e may furnish the one-third the Bt. Tgniis people are counting on. The gambling fight in Indianapolis ami Marlon county is not over. Thare are Indications that a prolonged struggle is to be waged, and both the au thorltles. who are trying to weed out. the evil, and the gamblers, who are determined to run their play-houses, are preparing to fight to the death. When Mayor Holtzman ran the gambler:- out of Indianapolis they moved to Cumberland, outside the police jurisdiction. ami opened up rooms. The Citizens there took the matter to the grand Jury ami Indictments were return'd against two of the ring leaders. They will resist the suits and a hot fight Is promised. In the meantime, while the cases are pending, he gamblers are keeping "open house.” but they are not doing much business, as the professionals arc afraid of a raid by county officers at almost any time.

©TTTTTTTTTTTTTTTTTTTTTTTTe Announcements. 3XXXXXXXXXXXXXXXXXXXXXXXX* According to instructions from the Democratic County Central Committee. next Saturday, December 26, is the last day for candidates for county office to pay their assessments, which can be paid at the Democrat office. J. W. McKean, Chairman. REPRESENTATIVE We are authorized to announce the name of S. W. Hale, of Geneva, as a candidate for Representative; subject to the decision of the Democratic primary election, to be held Friday, January 15. 1904. We arc authorized to announce the name of Valentie Linker, of Kirkland township, as a candidate lor Representative; subject to the decision of the Democratic primary election to be held Friday. January lb, 1901, We are author.zed to announce the name of Henry Dirkson of Preble township. :is a candidate for Representative: subject to the decision of the Democratic primary election, to be held Friday. January 15,1904. We are authorized to announce the name of Dr J, W. Vizard, of Pleasant Mills, as a candidate for representative; subject to the decision of the Democratic primary election to be held Friday, January 15/1904, PROSECUTOR. We are authorized to announce the name of John U. Moran, of Decatur, as a candidate for re-election as Prosecuting Attorney lor the twenty-sixth judicial circuit; subject to the decision of the Democratic Primary Election. to be held Friday. January 15,190’1. We arc authorized to announce the name of S. A. M. Butcher, of Geneva, as a candidate for Prosecutins Attorney for tbe twentysixty judicial circuit: subject to the decision of the Democratic primary election, to be held Friday, January 15,1904. AUDITOR. We are authorized to announce the mime es C. D. Lew ton. of Decatur, as a candidate tor Auditor of Adams county; subject to the decision of the Democratic primary election, to be held Friday. January 15, 1901. We are authorized to announce the name of Phil Scbuß. of Berne, as a candidate for Auditorof Adams county; subject to the decision of the Democratic primary election, to be held Friday, January 15 1904. We are authorized to announce the name of T. H Baitzell. of Washington township, as a candidate for Auditorof Adams county, for one term only; subject to Die decision of the Democratic primary election, to be held Friday, January 15. r.m We are authorized to announce the name of Al Fristoe. of Decatur, as a candidate for Auditor of Adams county; subject to the decision of the Democratic primary election, to be held Friday. January 15. 19U4 We are authorized to announce the name of D-D. Coffee, of Decatur as a candidate for Auditor of Adams county; subject to the decision o’ the Democratic primary election, to be held Friday. January 15 1904. SHERIFF. We are authorized to announce the name of Albert Butler as a candidate for re-election as Sheriff of Adams county; subject to the decision of the Democratic primary election, to be held Friday, January 15, 19CH. SURVEYOR. We are authorized to announce the name >f George E. McKean, of Decatur, a* a candidate for re-election as Surveyor of Adams county; subject to the Democratic primary election, to be held Friday. January 15,1904, We are authorized to announce the name of L. L. Baumgartner as a candidate for Surveyor of Adams county; subject the decision of the Democratic primary election to beheld Friday. January 15. Bum. We are authorized to announce the name of . V Buck master, of Jefferson township, as a candidate for surveyor of Adams county: subject to the decision of the Democratic primary election, to be held January 15. 1904. COMMISSIONER. We are authorized to announce the name of David Werling. of Preble township, as a candidate tor re-election as commissioner of the first district of Adams county; subject to the decision of the Democratic primary election. to be held Friday. January 15, 1904. We are authorized to announce the name of Jacob Abnet. of Jefferson township, as a candidate for re-election as commissioner of the third district; subject to the decison of the Democratic primary election, tola* held on Friday ißTVinry IMOOL CORONER We are authorized to announce the name of Dr. G. 11. Schenk, of Berne, as a candidate for re-election as Coroner of Adams county; subject to the decision of the Democratic primary election, to be held Friday. January We are authorized to announce the name of John 8 Falk, of Washington township, as a candidate for Coronor or Adams county ; subject to the decision of the Democratic Primary election, to be held Friday, January ASSESSOR. We ar« authorized to announce the name of William Zimmerman as a candidate for Assessor of Kirkland township: subject to the decision of the democratic primary election, to be held Friday. January 15. 1904. We am authorized to announce the name of Nick 11. Wagner of Decatur, as a candidate for Assessor of Washington township. Subject to the decision of the democratic primary election to be held Friday, January We are authorized to announce the name of Joseph M l*eel«-as candidate for Assessor of Jefferson township: subject to the decision of the Democraticelection to be held Friday, January. 15, 19p4. We are authorized to announce the name of David s. Manlier, as a candidate for Ammsor of I nlon township, subject to the decision of the Democratic primary election. 1 to be held Friday, January 15.1904. We are authorized to announce the name of W illiam Gonrad ns a candidate for Assessor of treble township; subject to the decision of the democratic primary election to Im- held Friday, January 15,1904. TRUSTEE . xJ* :iU forked to announce th<• name of J. W Merriman as a candidate for Trustee of Blue Greek township; subject tn the deolsion of the democratic primary election, io l»e held Friday. January 15. r<M. We are authorized to announce the name °» ( <h'b B. Andrews as candidate for Trustee of Washington township; subject to the dectslon <>f the Democratic primary election, to be held Friday, January 15, 1904. d We arc authorized to announce the name of Lnuis Kleine as a candidate for Trustee of Pn.ble township; subject to the decision of the Democratic primary election, to be held 1 riday. January 16. 1901 W e are authorised tn announce the name of •arr rs K Niblick, of lMn*atur. ass candidate for 1 rusU <• or Washington township: subject to the decision of the I hums'rut ic primary election, to be held Friday, January 15,1<<M. We are authorized to announce thr name of James A. Stwlv as a candidate for Trustee <.f Kirkland township; subject to the decision of the Dtfhiorruiir primary election, to be held Friday, January 15. IW>I. We arc authorized to announce Hie rittne nfLi wHG Miller as candidate for Trustee of W -isblngton township; subject to the de cisionofthr Democratic priinn ry election to be hi Id Friday, January 15. pOl. W« are authorized to announce thr name ol Edward Luttman as candidate for tru«*tv«* of Root townsnip; subject to the derision of the Democratic primary election to be held Friday, January l<s, 1901 We are authorized tn announce th* name Os Wrn. Hollo a.*. eaudidHte for truster of Union township: snbjert to th * dcrisl»n of the Democratlo primary vh rtion to hr held I ridav, January 15. |'MH. We are authoriz'd tn snnoum v the name of L. N. Gr.indstaff as candidate for Truster

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of Root township. Subject to the decision, t lhe democratic primate election to be held Friday. January 15.1JW. We are authorized to announce the r:i»>e of William Koldewev as a candidate tor Tru-tn-of Preble township: subject to the decision of the democratic primary election to be held Friday. January 15. lAH Wc areautliorized to announce the name of I John Frueehte as a candidate for Trust, e of Preble township: subject io the decision ot ! the democratic primary election to I*' held Friday. January 15. 1904 We are authorized to announce the name of liavid .1 billing as a candidate for Trustee nf Prchlt' t -wu hip: Jbjv. tto the >l. .Jon of the democratic primary election to be h< Id Friday, January 15. I'.KM an I ntlrraroini.l Coufeaaioti. Women tire growing quite embarrassingly frank about the basis and the crown of their charms. On Saturday afternoon a pretty young married woman. with tier tive-yeur-old son—so much we could infer—Jumped into a t'rst class carriage on the underground. After her came three friends, two girls and a mini "Yl's. I'd never l>c without my wig." said the pretty woman. “It isn't as if I hadn't enough liair of my own. Celia cun vouch for that.” Celia nodded -we all looked for Celia's nod. "Why, the other Sunday we were lunching at Wimbledon, one of those damp, muggy days. Margaret was there—with her fringe all over her eyes. Mine was all right, and yet Margaret has a maid and 1 haven't. I've worn a wig for three years, and I don’t care who knows it." The rest of us stranI gers held our breath till the tale was I told. London Chronicle. Peril In (lie Handkerchief. It Is in fact a grave military question whether the handkerchief does net do more harm than good as it is ordinarily used. When we assume that the healthy nose docs not need lo be Wl[>ed we face a reusouublj broad pro|Hisitiou ns to the danger nf the handkerchief as a disease propagator i Most of nasal catarrhs are of an j n . ' feetioua character, notably those of i grip origin. • Contrary to a general Uw <.f ns„o<| M . t the handkerchief saturated with di* , rase germs, instead of being promptly I washed, is Mowed for hours in the pocket, with a result that cun lie easily [ imagined. Is it any womler then tint t catarrhs are constantly fostered by ~ system ol uut<> infection? Misilcal R<. ord. ) —...— _ ... .......... K»«y Wn! of Mcasairluu llelslit. ’ Anybody who knows how to take the idlilude of the sun or a star with a ’ sextant and wishes to take that of any distant hill. siis-plc or tin- like should ’ put a ten tray on the ground, till It , with will, i- and then retire from It uu . I til the lop of the hill, steeple or whit J not is rellevted In the liquid. Nov lake I the sextant and make the linage of th< , summit coincide with Its rellectlon In ti the liquid. The angle of elevation will II thus, obviously, have Ins'll measured I double. Half of this will give the ■ mi'ustirciiietii required}

Stepping to the Curb. “Did you ever notice." said the man 1 who prides himself on his powers of i observation, "that every one uses the I same foot almost every time in stepping up or down the curb at a street crossing? Maybe you haven't, but it is a fact just the same. It may be the , right foot that is used or it may Is’ the left, but it is the same one pretty much all tile time. “The movement is made so often that it bccotnisi a habit of tin- most lena- . clous kind. By one of those iuvoiun- i tary actions of the nervous system the ■ m rves of the eye and the leg and foot i work in unison. The eye of a person l approaching a crossing gauges the dis- i tance to be traversed liefore the Sinai ! step is taken, and the stride is regulat- j ed to bring the favorite foot forward | in time to take it. The same thing bap- i peus when the curb on the other (ide of the street is reached. "Sometimes, especially when one is walking rapidly or when the street is crowded, it takes a deal of jockeying to get the chosen foot into iiositlon. but tlie rule is seldom broken. v ou needn't try to find the truth of this principle by keeping tab on your own steps, for in j s > doing your will ixiwer will come in- I to play and yon will use whichever! foot you please. Just watch some other fellow, and you will tind out that what | I am telling you is a fact." I'hilailelphla Press. Webster wan Utilise When Daniel Webster's market man had sued him for a long unpaid bill t and got his money he was so seared nt ! i« temerity that lie stopped calling at Hie door for orders The godlike Daniel asked him why one day. ami the man confessed that lie suppos<d Mr. Webster would never trad, with him' again. “Oh." said Webster, "sue nie as often .is yon like, but for heaven's sake don't starve me." There was never a time when the great man was not willing tn O we as much ns anybody wa* willing to let him owe.- Springfield Republican. t'onjnaal Itenarter. Wife I hut** the third time you've •topped on my dress I wish you weie not so slow. Hiisliiimi H's you that are slow Wife Indeed, I am not. Hnsbfind Well, your train is behind — Waslrpgton Post — Furtuae-s Favor *o«elest. "What do we want with gold and precious Stones?" said the proud voting mother, gazing fondly upon the baby "This is fortune enough for us." "Huh!" grunted the father, who Imd been walking the tioor mmrl;. all night. I m glu<l rornni«‘ didn't knew k twice nt onrdoor" Philadelphia Ledg.i M mpntlijr. He I got || Hole from Jlqi in „ ( , H | a saying thill he absolutely must haw be money i owe him i, v tomorrow morning. Him Oh, the poor fillo,ci- Life,

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The Bazaar Headauarters For Christmas Shoppers W e Have the Largest Display of Haviland China Dolls, Toys Fancy Lamps Toilet Cases Toilet Sets, Pictures, Glassware, Silver, and Nickel Plated Ware, Ladies’ Wrist Bags, Ladies’ Automobile Bags And All Kinds of Chinaware ever Exhibited in the City. Everything to Please, from the Young to the Old. Come and See Us Early. ~ COFFEE & MANGOLD