Daily Democrat, Volume 1, Number 297, Decatur, Adams County, 25 December 1903 — Page 1

VOLUME 1

GUILTY OF MURDER IN SECOND DEGREE

Osborne is Given a Life Sentence.

Verdict Read in Open Court at 10:45 Last Night.

The Prisoner Was Greativ Affected When the Verdict Was Read.

State of Indiana, In the Adams * Circuit Court Countyof Adams i Xov - Term. ' 1903. VERDICT. The State of Indiana, / vs Joseph Osborne. ' We, the jury, find the defendant, Joseph Osborne, guilty of murder in the second degree, and we further find, as to punishment, that he should be imprisoned in the State prison during life. G. W RUCKMAN, Foreman. fuis is the verdict, these the words that fell upon the ears of the hundred people in the Adams county circuit court, room at 10:45 last night, when Judge Richard K. Erwin read the lines handed him by G. W. Ruckman foreman of the now famous Osborne murder case. Harsh indeed they may seem to some, sad they are to all, for while the laws of tile great common wealth of Indiana have been upheld. while the society of our county has been taught another lesson, namely that he who commits crime must pay the [penalty ; still

a human being must suffer; Joseph 1 >sborne. according to this verdict must spend his remaining days in prison. It is but hunutu to feel pity and wo say honestly with all candor that we believe that not a single soni stood tn the court room last night, whose heart was not sad. and whose soul did not reach out for the jmor wretched looking defendant as he sat in the chair, where for eleven days he has been so conspioous a figure. It was a rerious and sud occasion, men wore the determined look, always notiayible when an effort is being made to force back tears. It was ( liristmas 'Eve and gladness should have been in the hearts of all but this little scene was fur from a happy one. MANY PEOPLE PRESENT. The jury went to their council rooms at precisely s:ls. At ten o'clock they called for pen and ink.

The Daily Democrat.

i one indication that an agreement t had been reached. A half hour later Judge Erwin was notified tliut a verdict had been agreed upon and hastened to the court room. | The news spread rapidly and soon 'a hundred people were gathered | there. John C. Moran. Prosecutor, ) was present, as an officer of the , State, as were also D. D. Heller ■ and W. M. Amsden,representatives | of the defendant. PRISONER BROUGHT IN. At 10:14 the prisoner was brought in ty Deputy Dallas Butler. He appeared as nervous, as usual, but no more so and quietly took his seat near his counsel who had arrived befo-e him. His hand went immediately to his face and he began the old habit rubbing his forehead. VERDICT IS READ. A moment later Judge Erwin instructed the liailiff to bring in the jury. The door opened and G. W. Ruckinan came in alone; he threw a package of papers upon a table, turned and handed another, the verdict to the judge, and took his seat, then the rest of the jury filed in and took their place in the jury box. “Have you agreed upon a verdict?" asked Judge Er

win, and each man nodded assent. ‘ You will listen to the verdict us read,” and then followed the words I which must have fallen heavily u]X»n Joe Osborne. As Judge Erwin Concluded he said,“is this your verdict Mr. Foreman?'' and that official answered, "it is." As says 1 I. your foreman, so say you all gentle- > man of the jury ?” asked the court and each nodded "yes.” It was over, the strain of an eleven day 1 murder ft ial hud ended in eon vic- i I tion and the death of John Busini i hark at the hands of Joseph <)si Isirne, was justified according to!' law. i HOW OSBORNE ACCEPTED IT. ; I As the words which sealed the fate of the prisoner fell from the lips of the Judge, he made no sign and so far us could be ascertained he was indifferent. For a period I of two minutes no one seemed able I i to speak or move, the scene was I rather tragic, and the quiet and'

DECATUR, INDIANA, FRIDAY MORNING, DECEMBER 25, 1903.

suspense wore telling. Finally Judge Heller reached across the, table and spoke to Mr. Amsden, the jury filed out of their box and stood

Lru"UTJiruvnrxrtru"uvruTjvnruxrinrinrinrirvin ririruarvuiririririn nnnnnnriruynp I LIST OF JURORS | 5 Who served in th: famous Os >orn: Hurder Cise, begin December 15, | 1903, and concluded December 24, 1903. 5 | Theodore Beerbower Jefferson township | g. O. J. Sumi') St. Marya township 5 L Joseph L. Hook Blue Creek township S c- J. D. GaultKirkland township 5 S (merge Keller Root township | g Jesse Roe St. Marys township 5 5 James I).iff Jefferson township g g E nest D lehrmanPreble township 2 Si (>eo»ge R tektnanß >ot township g S Samuel Shell Kirkland township 5 c Vernon Pontius Geneva □ Daniel Kits . nDecatur g uuuuuTjvtTLnj c

* < ’v-J-/"?-lit; ’ / ' V' ”1 f ■ %“■■■ ' tHJW **■ G t It jdJ.’ • 1 .■ 1 Mg?: *• JkSy-eVo K«s * ‘ . j f £ JOSEPH OSBORNE, \\ ho was given a life sent net) re f >r th** murder <>f John Busenbark on Sept, s, p.ioj.

still at the right of the court room. all eyospvere cast upon the pris iner. After a while he wiped his face with his handkerchief, but not n word or sound <s?aped his lips. Once he walked into the library , but quickly returned an tool; his . seat. ( BILL OF EXCEPTION'S FILLED I After u few moments attorney,' Heller filed a bill of exceptions, a ' legal action to complete the record of the defense. A motion for a new trial will lie filed soon and 1 arguments heard, and if this fails the case will no doubt be appealed to the Supreme Court. SHOOK HANDS WITH PRISONER. 9 Attorneys Heller and Amsden left i the court room at 11.15, and as they passed out. the former stopped und shook Jiands with his client, j

CHRISTMAS EDITION

speaking a few words of comfort. As he turned away Joe made a despairing gesture, and the attorney returned and conversed with | hinia gain. TAKEN TO JAIL. Five minutes later, at 11:20 Sheriff Butler and son Dallas led the prisoner out of the back door of I the court room, down the stairway,

and back to jail where his Christmas, a sail and dreary one to him. will lie jiussed. HIS FRIENDS ARE THUE. Besides the Decatur people present when the verdict was r>ad I were a few persons. conspieiotis for the fact that they have stood nobly by their friend through his hours., of trouble. They were his poor old broken leirted father, John Osborne: his brothei' Frank and Uncle Nathan Luisnre, and Messrs Me Husky and Lear. It is needless for us to say that they were of sad 'cart. JURY DISCHARGED Judge Erwin discharged the jury with thunks for flair faithfulness and informed them (hut they could go home at once or could repair to the place they had been boarding where their < xpenses would lie

1 paid until after breakfast thismorning when they could report to the Sheriff. All but one or two took advantage of this offer and hung up their stocking at Coffee & Bakers restaurant. It lias been a hard t eleven days work for them and they will spend < 'hristmas by resting 5 and breathing the free air for they have practically been prisoners since they were empanelled. M hile the method of reaching 1 a verdict is always ar. unknown 3 one to all save the jurymen them- ! selves and this case was no excep- ’ tion still we have learned a few i items that will he of interest as are noticeable from the statements i below. The jury went to their room at s:ls, returned at 10:45, having been out five hours and seventeen minutes; they had practically agreed upon a verdict at ten ) o'cock and a half hour was devoted |to supper so that really but four I hours and twelve minutes of deliberI taion was necessary to determine I the fute of the prisoner. ONE VOTE FOR ACQUITTAL. I But one single vote was cast for acquittal and he voted thus but j . once for the second ballot resulted ' |in twelve votes ‘-guilty." The I vote on insanity we are informed I required three ballots, three voting, | | ‘unsound” on first ballot. After' i these facts were determined it only’ I i remained to fix the penalty. I I Though the State had insisted | slightly on the etxremc jenalfy of I the law, no one expected such a i sentence, though some looked for J a finding of first degree murder and a penalty of life imprisonment. However not a vote was cast for more than second degree murder i and several favored a finding of I manslaughter; but the second ballot ) was unanimous for second degree I and the task was over. The jury) j were certainly almost of one mind I and the evidence must have ap]>ealed to at least eleven of them very I much alike, as only seven ballots i were required in all. The jury have performed a distasteful duty, one) which js far from enviable but they have served a call from which an honest citizen should 1 not srhink: they have served faith- ' fully and rendered their verdict as their conscious told them. Many ’ expressions were hoard on the 1 Streets after the verdict was an-

annnnrmrtAriAAnrinrvwwinnnrinnruvinnnnnnAnnnAnnnrinnnnrtnngJ JURY SECRETS. £ First Ballot on Guilt 11 to 1 | 5 2 c Second “ “ “ 12 to 0 5 5 First Ballot on Insanity 9 to 3 2 | Second “ “ “ 11 to 15 | Third “ “ “ 12 to 0 | No vote cast for first decree murder. VERDICT: Life imprisonment, determined on 5 2 second ballot. In all seven ballpts were taken. ctuu nruu jvutj rtruu jinru jutju ruirujuiru juuu ru'juuviJuinjinjuvLnj t

NUMBER 297

nounced and these were dividi <1 as “ ro the justice or injustice of the : result. s The old clock in the court room [ pointed to 1:18 yesterday afternoon I when Judge Richard K. Erwin be- ■ gan reading his charge to the ■ jury. The twelve men at once , aroused their interest, Inane*! for ward and listened attentively’ to • every word of the many pages, , which had been prepared by the attorneys. As previously stated 157 instructions had been prepared by both sides, of which number 121 , were for the defense. This num t her was cut in two almost by’ the . court as rainy were repetitions of each other. The prisoner during the time the judge was reading never moved a muscle, retaining the position he has occupied for eleven days past, his eyes upon the floor, his hand constantly rubbing his forehead. If his insanity is feigned, ho is a clever actor, but he is nervous, beyond a doubt. Quite a number of the large crowd who had listened to Attorney Moran remained and heard the charges, | the prisoner s’relatives and friends remaining faithfully by his side. Several times during the arguments the old gray haired father, the 1 brother Frank, and the sister, Mrs. | 1011, showed their emotion ami the i latter wept during the last hour of Mr. Moran’s speech. Aftei concluding the instructiions as prepared by the lawyers, Judge Erwin added a few sentences of his own in which he said: “The court instructs you that the case upon which you are now to consider is so | grave that you should make no I error, the life, liberty and highest i lights of a fellow citizen are at stake, but the safety of the society i must likewise be guarded and should not lie overlooked.-' The judge said. ”1 send with you to your room, gentlemen, five forms of verdict. any one of which you may use or you may prepare one for yourself. The forms were as follows: FIVE FORMS OF VERDICT. I.—“ We, the jury, find the defendant. Joseph < Isborne, not guilty.” 2. —“We. the jury, find the defendant, Joseph Osborne, guilty’ of manslaughter and we find his age Continued on page four, column 2