Daily Democrat, Volume 1, Number 296, Decatur, Adams County, 24 December 1903 — Page 1

VOLUME 1

brilliant arguments heard

The Murder Case Goes to the Jury. Judge Erwin’s Charge to the Jury.

FIVE FORMS OF VERDICT Mrs. Laura Osborne Claims Witness Fees. Much Conjecture as to the Result.— Verdict Expected by Morning.

Years hure passed sin<'e the old ■ ;rt room of the Adams count} '.alls of justice have rang with -uch speeches as have been heard t"< re yesterday and today For twelve hours hundreds of pople ha ve stood and sat in the court r m ]>acked evermore closely than , ■ mfortable nnd listened aften tively to every word as it fell from t’i lips of the learned lawyers N. difference what the outcome of thisi case. whether Joe Osborne tumor row walks the streets of Decatur a free man or whether he hears aver met which will nmk ■ it the * widest < hristmas of his life, it can lx' deni • d by no one that this murder case, the most important trial heard in the county since the time twenty y. ars ago when Charley Worst was given life sentence for the murder "t Backestoe. has been ably and well handled by both sides Ihe State, represented by John Morn. prosecuting attorney of the '.th Judicial district and .1 Lutz, fought every inch of the case, and fought it well, making every sen fence and question count. The de tense was just as tenacious and in sisted on their rights at every stage ■ f the trial from the time the first juror was examined until the last word of Judge Erwin’s charge was heard. Attorney D. E. Smith, •fudge Holler and Daniel Amsden oi Marion, who have defended Joe c -borne have buttled in a manner that has won the approval "t everyone. The ajMiecheU were bril li int, convincing, learned and intel 1- nt ipjieals for conviction or ae q dttal and the jurors, as well as th<> audience apparently listened s]x>ll-l> und to each new theory or statement. THE ARGUMENTS ' J- Lutz Opell.-.1 |O- the stub it '•*: 15 and spoke until 5:15 « period of ? 1-2 hours. His ability is well known and he show<“d his earnest ness and his study of the case. He began arguing with the jury that the case is the most important they have ever weighed. The lit* right' anil lilierties of a man is at 'take on one side and the duty they owe the state und community when a foul murder and heinous crime hubeen committed. He described murder of the first and second d< greo and manslaughter. rend the in di 'tnient as returned in six counts

The Daily Democrat.

by the special September grand jury. Mr. Lutz said: ‘lt must be admitted that one of the most heinous crimes in thejiistory of Indiana has been committed, that John Busenlmrk was killed by Joe Osborne on Sept. s last.” Mr. Lutz continuing made a wonderful fight against the plea of insanity, searing the physicians, went over the entire evidence of the Grant county witnesses on the question of unsoundness of mind and said "Insanity—lts the same old excuse when the penitentiary or the gallows stares a man in the face." Mr. Lutz quoted many cases from Indiana reports to uphold his opinions. He offset the testimony of the defense on insanity question by the testimony of the people here, placing especial stress upon the evidence that of Sheriff Butler and son Dallas. Mr. Lutz closed his argument with a brilliant outburst of .-rati ry and demanded a verdict for guilty of murder in the first degree, and insisted upon the extreme penalty of the law. DANIEL AMSDEN. Os Marion, attorney for defense. I followed. Mr. Amsden is an able ilawyer and has so proven himself in this case. While he has not taken ia great part in the examination of witnesses, his ad rice was always timely as could l>e easily noticed by an obsrever Though he has been ill since lieginning the trial, has suffered two nervous chills, and even yesterday afternoon was so sick that he should have been at home taking treatment, he bravely took his part and made a splendid tight in behalf of his client and old friend Joe Osborne. He is an orator, a lawyer, a man whose learning and ability cannot be doubted by those who heard bis speech last evening. He liegan speaking at 5:30 and spoke until six. resumed at 7:30 and continued until S:3O. He handled well the evidence and dissected the complicated parts of same. He argued that a murderer dot s not go forth on his errand to kill a fellow living usually with the naked list. He said the evidence of the State was enough to prove that OslMirnc is of unsound mind. He argued strongly on the question of self defense. tl|»on the question of whether or not the blows inflicted by < tsborno killed old man BusenIxirk. upon the previous good character of < tsborne and upon all the I case generally. Mr. Amsden spoke of the coldness of Laura Osborne ■ towards the prisoner, called her heartless, soulless nnd said she may’ have some motive in wishing Joo hanged or s*-nt to the |M>nitentiary. [ since she would beOOtne the joint I heir with her children to Joe’s property. The first night session . of the trial was held last evening f and though it was not announced nntiil late afternoon, the court 4 room was crowded. Mr. Amsden . stated that almost liefore the argil . .nentsinthi'case are closed, the , bellswill begin to !"•>• I ’>'<■ glad tiding'of Christmas day. anniverl sure of the day when Christ gave his'lifeand said t’enoo on earth rood will to men. As Mr. Ams „ ,1.11 cl '-C'l his arguments with this

DECATUR, INDIANA, THURSDAY EVENING, DECEMBER 24, 1903.

appeal wept and almost broke down as lie said, “no difference what your verdict, it will be doom for this defendant as the law provides a shelter (or the insane man." Mrs. Osborne was not present last evening, this being her first absence sines' the trial began. MORNING SESSION. Daniel D. Heller began his speech at eight o'clock this morning and even at that early hour quite a crowd was ‘'present to hear him and people continued coming all the time he was speaking, the court room living packed [long liefore the learned Judge closed his argument. Even in his younger days Judge Heller sercely excelled his plea of today in liehalf of his client. Earnest. honest, forceful and convincing he plead for the liberty of Joe Osborne. He cited various law cases, separated the evidence in a clear and concise manner and the jury apparently paid the closest, atten tion to his words. He dwelt upon the cleverness and honesty of all the witnesses on lioth sides, Isith from Grant and Adams county. He paid especial attention to the plea of insanity as a defense and argued each point of the evidence on this question well. The attor ney said 'he only possible result in this case even if it was found! hat Joe Osborne is of sound mind, would lie a covcition for manslaughter. but he insisted strongly that it would lie a blot upon the proud history of Adams county to convict Joe Osborne, when his unsoundness of mind has been so clearly established. Judge Heller stated that h<‘ was not feeling strong enough to make the s]>eech he would like to in this case, but nevertheless his argument was strong, powerful and effective. He spike of Joe's old gray haired father and the injustice it would lie to him to hang or send to the penitentiary hi-cra/.v son He read from the 123 Indiana report a case jn which tin jury were instructed as to this duty regarding the insanity plea. He closed at 10:12 after speaking ever two hours, and as in their closing sentenci he spoke of the duty of the jury and their thoughts on Christmas day, there was many a teraful eye in the court room. David E. Smith, made the closing arguments for the defense, in the murder ease, and made one of the most brilliant orations ever heard in this or any other county in Indiana, and proved himself one of the best criminal lawyers in this great commonwealth. He ojiened by saying that the defense had selected flic jury because they believed them men of good judgement. that the jury are the judges of the law. the evidence and the facts. Continuing he read from a number of authorities the important law to lie considered in this case, as he become interested in his task, the lawyer unbuttoned his coat and vest, took off his collar and tie and gave himself full vent in his earnest pleading to the jury and in liehalf !of the mun he believes of unsound mind. He said the counsel for the defense ha ve felt for the )>ast ten days the responsibility upon them, in representing a man charge with the highest crime, hut that responsibility will soon shift from our shoulders to yours, gentle men do your duty. Mr. Smith began speaking at logioand continu ed until twelve o'clock when court adjourned tor dinner. Mr. Smith spoke in the earnest and sincere manner for which he is so well known, holding the attention of the juror, pleading well for his client, describing the law. and holding well in hand Ins defense. During the last half hour of his sjH'cch the flow of oratory from Mr. Smith's throat, came in an unceas ing stream of brilliancy, pleading ('■ilenmd n page four, colutuil 3

IT IS GREAT. The Music for the Services at St. Marys Church will be Fine. AU lovers of good music should not fail to attend the services at the Catholic church Friday morning during High Mass at ten o’clock sharp. The choir is certainly made up of the best vocal voices that could lie gotten together from any congregation and the orchestra ae oompauyment has lioen drilled until the two blend together in one large harmonious voice. The selection that will lie rendered will cover over a jieriod of one hour and is one of the finest pieces that has ever l>eon heard in the city. A representative of this paper hud the honor of hearing it last evening and marveled at the perfection that the choir and orchestra have arrive 1 at. The services at the church will be conducted during the following hours: High Mass at six o'clock. Low Mass at eight o’clock and High Mass again at ten, and at the later services the music recited will lie given.

SIX MISSING. —! i ■■■ Steamer Sinks in Fifteen Feet of Water. ■ j All Rescued But Six and it is Feared They Have Perished. Spfdnl to the Dally Democnet. South Norwalk, Conn., Dee. 21— In a thick fog here today the steamer Erastus, coming off Storm line enroute from New Haven to New York, carrying thirty ’m-—mgors and heavy cargo struck rocks off j Copyss Island just outside Norwalk harbor ami within five minutes sank in fifteen feet of water. A small boat containing six passengers which left steamer shortly after struck missing and it is feared they have ]M*rished. All others were j resuced. A JOKE. A Hunting Party Came Home Foot Sore and Weary. E. L. Carrol), the grain man play ' ed a very- mean joke on Poodle I Meibers, Jeff Odell ami his brother-in-law. Mr. Gault yesterday. He j got them to go to Peterson yester j day on the noon train hunting telling them he would make all ar rangemcnts to have the evening | train stop for them. The boys I hunhsl all afternoon in the rain and about six o'clock started to the , de|x»t at Peterson to get the train , They waited p itientlv out in the train and at last sighted th ■ train coming but the train failed to see them and went through Peterson at i the rate of fifty miles per hour. The consequence of the affair ended by the boys telephoning to Decatur, for a rig and arrived home about ten o'clock, wet and leg weary. The air from Peterson into De cutur was Blue with the remarks they made about Carroll. The buys say they absolutely refuse to go hunting any more this , season unless they take their own I train with them.

THAT DECISION. County Sheriffs May Benefit by It. They Are Also Entitled to Per Diem .’or Attending Court. it is being generally talked and where talked conceded that the decision of the supremo court given in the Democrat Saturday, and which made richer Clerk Johnson to the the tune of |1950 and the estate of John 11. Lenhart 11500. is also a decision favoring county sheriffs ai d also allows them a per diem for attending the circuit court. In this event Sheriff Butler will benefit by the ■decision. as will also 1). N. Erwin during his full two terms of four years, and | j also the estate of I’. P. Ashbaucher I for a small amount. From the i reading of th<* opinion it does riot | take much of a philosopher to fig-1 ure out that the future of the fee and salary law is but a ghost of what those pretended for it. when | it became a law. As it now stands it is simply a snare and a delusion. 'and its early repreal may lie expectled. With all the additions and allowances that have lieen tacked on by one court and another, the salaries and cost of county govern ments if anything exceed the old fee ' system, which was delsised and i maligned by the reformers who inaugurated a reform in the salaries of county officers. The Democrat . lieleives the fee system is the fair and business way of regulting the salaries of county officers. The leg islature should regulate the, fees so they would be fair and not excess i ive, but it is the fairway to pay an : officer. THE DISTRICT MEETING — The Court Room Secured for December 31st. Judge Erwin has given permission for the holding of the district meeting in the court room. The date of this meeting is next Thnrs day. December 31. and from news paper reports a large attendance is' I expected. They are talking consid- 1 I erable about it. and the signs of the; 'times points to a rousing crowd. 1 |lt is the duty of the Adams conntv democrats to do their parts and I r to attend the meeting and join the I cause in a day of good cheer. An I I especial program has Ix-en arranged l an the day will lie a pleasant and I memorable one for every one who I ■ I comes. Let the democrats of the j county keep this day and date in j mind. FINE ONES. ——— Bought Hereford Cattle at Wabash Sale. | J. Bucher ami Mr. Walter of this ' , j county living east of the city was i at, Wahush. Indiana last week at* i tending the sale of full bloodixl * I Hereford cattle at which sale Fred Reppert was the chief auctioneer. i They purchased five ummals at this ■ sale that are as fine cattle that I ever trod foot on soil. They ex|>ect to raise a firn 1 herd of these vauable I animalsand to show them this coin- . | ing summer nt the county and state | I fairs 'I be gentlemen above named . paid a fancy price for what they received but from the opinions of ex - ports on cattle, they got value re ■ reived. Adams county is not only > coming to the front as a horse mars i ket but will before long become i one of the leading cattle markets I in the state.

NUMBER 296

FUNERAL TODAY. Barney Bcuter, Well Known Here is Dead. Birney Bueter of Allen county living just two miles east of the city of Fort Wayne on the New Haven road, and well known in this vicin ity. died Tuesday morning at nine o’clock of consumption. He leaves one son and Jive daughters to mourn his loss. He was a. brother of Hermanßueterwho resides in this county. The funeral services were held today from the St. Marys Catholic chruch Fort Wayne at nine o'clock and interment was at the Catholic cemetery. THE FIRST TRAIN Recollections of an Important Christmas. December 25, 1871, a Significant One for Decatur and Still Remembered by Many.

Just 'hirty two years ago tomorrow. the 25th of December, the first j passenger train that ever entered this city rolled in on the Cinncinnati, Richmond and Fort Wayne railway on its ,way from Fort. Wayne to Richmond. By a resident of this city who was on the spot at the time wc are told that a big crowd, representing almost the total population of Decatur awaited tile arrval of the train and when it came puffing alongside it was a greeted with a great burst of applause and the waving of flags and handkerchiefs. Harvey Brokaw was the proud conductor iof t hat train, a position which votjcd him into great popularity and I made him known to almost every i person along the line. Mi. Brokaw who is still a conductor on the road which is now the G. R. & 1., is especially well known in this city. being a relative of L. T. Brokaw. But the train itself after a ten hours run the trip of 100 miles I was completed and the first rail I way that ever rested on Adams i county soil was thrown into full ’ operation. The event was appropriately celebrated all along the I line and the festivities in this city ;| culminated in a big Christmas j feast which was attended by all ‘ men who had taken any part in j the construction of the road. Pub lie speeches were also made and the event proved to be one of the most 'ignitieent in the history of the |county. The feeling at the time the time was a strange one, said | our informant, ran "experience la similar one when 1 look down the same stretch of truck nnd see .great big locomotive drawing a train of Pullman curs come bouncing into town over the same ground that the •‘dinky" covered some thirty two years ago."

PLAIN DRUNK. Squire Smith Says One Dollar and Costs. The wild Irishman who hud such it large jag on yesterday and who was taken to the county bustile in a special hired patrol wagon, with Frank Dibble acting in the capacity us driver, was taken up before ’Squire Smith this morning. He plead guilty as charged, the ’Squire took pity on the poor fellow and only gave him a dollar and cost i which in all amounted to a little over ton doll irs. He said ho thought he would lay it out. so he was hastily returned to jail by Marshal Ctrdua and will eat .his Christmas turkey vith Sheriff ; Butler.