Daily Democrat, Volume 2, Number 1, Decatur, Adams County, 12 January 1904 — Page 1

I VOLUME 11

MOTION FOR NEW TRIAL FILED

Action Taken in Murder Case. Joseph Osborne Asks for Another Hearing.

ELEVEN CAUSES GIVEN. Five Affidavits That Juror Kitson Expressed Opinion. Motion Covers Fourteen Typewritten Pages, and is Rather Sensational.

Attorneys for Joseph Osborne, the man convicted of murder in the second degree, today filed a motion for u new trial. The motion and affidavits cover fourteen typewritten pages und set out eleven reasons why they believe a new Via! should be granted. Briefly they arc: First—Veridct of jury is contrary ' law. Second—Verdict of jury is eonrary to the evidence. Third—For misconduct of the ury to the prejudice of ths defendant and for the misconduct of one f the jurors, Daniel Kitson, who lon his voir dire stated that he had neither formol nor expressed an pinion about the merits of the ise and that he had not talked bout case to any person, when in ict said Kitson hud stated to dist rent persons prior to his examina tioa to sit as a juror, that the de- !■ ndant was guilty, that he was not of unsound mind and that he should bt> imprisoned for life: that he hud formed and expressed an ■ pinion an<t was prejudiced against the defendant; that these facts prevented a fair and impartial trial. Fourth—That Attorney Moran erred in his closing argument when he used this language, "when Joel 'truck the old man with this knife. Fifth—That the court erred in j refusing to give seventy of the in'trvKitions to jury offered by counsel. Sixth—That court erred in allowing certain instructions rendered by i he state. Seventh—That the court erred in giving of its_own motion, instruc- ■ tion number one. Eighth—That the court erred in triking out testimony showing I Risen bar k’s chnraof er. Ninth—‘That the court erred in permitting state to examine a knife taken from defendant Sept. 9. Tenth — That the court, erred in .allowing Ira Richards on erot* ex lamination to give a conversation not naked about by defense und k-hen ho said that Osborne had told him "if he goes back on me, he will never go lack on anyone else. Eleventh—’That the court erred in refusing to strike out this part pi Bkhards evidence. Then follow* the examination of L’iniel Ki toon which was made ■ \ "*.• „

H:- | The Daily Democrat.

i when he was accepted as a juror in the case, in which he said he had never talked of case or had no opinion. Then follows the affidavits of Isaac Chronister, M. F. ‘ Burkhead, Andy’ Crabill, A. Bow- ' man and Fred II Bohnke, each of whom claims that at different times they talked with said Daniel Kitson and to each of them he expressed the belief that Osborne was guilty’ and should be sent to the ' penitentiary for life. These affidavits are followed by ones made by the defendant’s attorneys, D. D. Heller, W. M Amsden, D. E. Smith and H. B. Heller, that they did not , learn of the jurors attitude soon enough to have the jury discharged and wliat they did hear before the trial was over was not sufficient to have same done. A similar affidavit by defendant Joe Osborne is also attached. The motion will not j be argued until next term, probably I two or three weeks yet, Judg > i Erwin having not yet set the dav. The most weight will probably be put on the acts as shown by the affidavits against juror Kitson.

RUMOR OF MURDER » Mysterious Find Near Rineker School House. Bloody Towels and Bottle of Acid Lead to Sensational Rumors. The finding of several bloody towels and pieces of doth, a bottle of carbolic acid ana a syringe near the Rineker school house, a mile | north of Monroe, has caused <j iiTte a litte talk, in fact the affair | looked a little sensational and rumors of u foul murder were heard. There is but little doubt that a crime of some kind has been committed, though there is no clue and possibly never will l>e. though tune may clear up the mystery. Sheriff Butler was notified and went to the scene today but reports nothing further than has been stated. The discovery was first I made yesterday morning. | Library Meeting. Thwe will be a meeting of the library committee Thursday oven ing at the National Bur.k. The. presence of eac'l member is ear . ncstlv req seat'd; By order oil i G. VV. Ivoisiwar'h ’ 'kairmun. ' . 3.-ft- •* I, IK .. •

DECATUR, INDIANA, TUESDAY EVENING, JANUARY 12, 1904.

LEAVES SUNDAY. Dyonis Schmidt Will Go to Germany. Dyonis Schmidt leaves Sunday for Germany where he expects to make quite a lengthy visit with his father. He expects to make the trip by himself and will probably be absent for two months. This will be his first visit home since ISSS or since the time he came to t is country. His father is very aged and this will probably be the last time that Dyonis will get to see him, so he is now taking the advantage when he can to make the trip. This will undoubtedly be a happy meeting of father and son. Dyonis will also in the meantime keep himself posted on the affairs at home as he will receive the Democrat once a week in Germany.

ANOTHER STROKE Ex-Governor Bushnell is Dying. Ex-Congressman Driggs of New York, Fined SIO,OOO and Goes to Jail.

Special to the Dally Democrat. Columbus, Ohio. Jan., 12 —ExGovernor Bushnell suffered a second stroke of paralysis today, the first stroke occurred last night, his condition is serious. S|>eclal to The Daliy Democrat New York, N. Y., Jan. 12—ExCongressmun Driggs was today sentenced to one day in jail and to pay a fine of 110,000. He was convicted of accepting money while congressman elect and for securing government contracts for postoffice department. A NEW BARN. Fred Tieme Gelling Ready to Build in the Spring. Fred Tieme the well known Union township farmer and one of the best citizens in this land of gentlemen was in tywn yesterday and purchased a bill of lumber of Kirsch ! & Sellemoyer, sufficient to build a ! now barn lOxlOOfeet in dimensions, and planked down the hard old cash for the entire bill. Fred is one of tho many suhstlantial men of the county with whom it is a pleasure to do business. Ho will begin work ou his new barn as soon as tho weather permits. VERY SICK. Miss Tena Miller Suffering With Lung Trouble. Mi's Tena Miller, the thirteen year old daughter of Mr. and Mrs. Michael Miller, who live near Mon roe, is very ill und grave fears are expressed for her recovery. Three months ago she bociinwi sick with measles, before entirely recovering from this >lm was afflicted with typhoid und this disease has now settled on her lung'. , .. ...

SILVER A Society Event Held Last Evening. Over a Hundred Guests Attend One of the Happy Events of the Season. ■ Last evening at the C. B. L. rooms occurred the silver wedding anniversaries of Mrs. and Mrs. H. H. Bremerkamp and Mr. and Mrs. ; j Ulrick Deininger two well known; I citizens of our city. Something l*ke one hundred of the invited guests were present and the occasion was one that will long be remembered by all the parties that were present. Twenty five long years have the above named parties travelled through the ups and downs of their life, and were just :as happy list evening as on the I day they were at the altar, making j their marriage vows to each other. I The rooms were beautifully decoratled for the occasion and each and 'every little detail of the entire pro- ' gram went through smoothly. ; Henry Bremerkamp had prior to this occasion made the remark to his many friends that, he had his wedding clothes yet, so last evening he was forced to don the same and again make his appearance before the audience as he was dressed on his wedding day, but of course twenty five years will make great deal of difference in a man and so with Henry. Although he had the same appearance it was It was noted by those present that he was not quite so spry as on that memorable day/Pedro was installed ■as the game by which they would ' pass the evening hours away and I although no prizes were given they never the less played with the same view. During the progress of the play a fine lunch was served to which all present did jutsic. After which the tables were cleared away and an old fashioned dance took ' place and you can imagine what it was. Mr. and Mrs. Bremerkamp and Mr. and Mrs. Deininger were the recipients of many lieautifii] silver presents for which they could hardly express their appreciation to the dawn. At a late hour all departed for their respective homes wishing both the Bremerkamp and Deiningcrs many more such happy occasions.

IN SOCIETY. Miss En<le Entertains at a Pit Party. Miss Mabel Engle entertained a number of her young friends, about fifteen in number at her home lust evening in honor of Miss Mary- Gillom of Indianapolis. The evening was spent in playing pit and right here the neighbors can vouch for the fact that it is absolutely the most noisy game that a crowd of young folks cun possibly play. Brtt nevertheless it is good lung exercise and the girls say they- really enjoyed it and as the young must be served the neigh bors will not interpose any further During the evening Miss Mabel served n dainty two course lunch. STEEL CEILING, Boston Store Room to be ImImproved. The ground fluor of the 1. (). OF. building occupied by the Boston store is again being improved in a substantial way, tho same lieing a new steel ceiling. This will not only add to the appearance oi this up to date store but will lie valuable as a fire jroteettou.

STILL TALKING. Proposed Stockholders in the New Bluffton Hotel. The prospects seem bright for the final success of the project being engineered with a view to building a new 155,000 hotel building in this city, to replace the old Hotel Bliss. A meeting was held Saturday afternoon by half a dozen in interested in the project and another meeting has been culled for tonight. Among the gentlemen who have already been interested in the proposition are Dell Lock, L. C. Davenport, Hugh Dougherty, W. A. Kunkle, D. W. Brown, and Mike Long. Another gentleman is George Blogiss of Logansport. He was not present a t the meeting Saturday but was expected to arrive from Logansport today to be present at tonight ’s meeting.—Bl uff ton Nows.

SALOON ROBBED. Nickel Plate Loses a Bunch of Cigars. Burglar Seen by Lee Kintz as lie Crawled Out of a Rear Window. The Nickel Plate saloon was held up last night about twelve o’clock for five boxes of cigars, the onlything of value that had been left in the room that there was access to. The party was seen by Lee Kintz baker for Jake Martin, as he broke | the window in the rear end of the I saloon to secure his exit, and as Lee addressed him the only remark the fellow made was to say, ‘‘Oh, go on.” Tho only theory- that the proprietor, Will Cordu can give to the robbery is that the fellow had undoubtedly secreted himself some place in the builidng and waited until he had closed before he could do anything, and then to get out again and to break tho window. Several parties declare this morning that they saw some one in there at about that time but thought ft was Will, making up his books and getting ready for business to day. Kintz says the fellow was a perfect stranger to him anil vas as it was very dark it was ini issible for him to distinguish his features. The loss will probably amount to ten dollars and Will is mightylucky- there was no money left in the cash drawer us that would' have gone with the cigars. There is no possible clew to tho fellow. BOILERS LEAK. ? Water Puts Out the Fires at Electric Light Station. The city- was loft in absolute darkness last evening for about two ( hours, during which time the people were able to talk about tho old times whim Decatur had no lighting system at all and to bo thus again thrown into total darkness brought fond recollections and many u wierd tale was told during that time, while others tried to change the color of the atmosphere to blue. Tho city plant is in bad way with her boilers both old and new and as a fresh leak was «prung in one of the tubes aga in last night the flow of water put out the liras and they were unable to keep up steam. A representative from the foundry nt Fort Wayne arrived this morning and the needed repays will be made today so that Ihe i ity e.iu again re* mm her brili i int aspect.

NUMBER 1

IS VERY SICK. Tom Teeple Who Formerly Lived Here. Employed on the Erie at Huntington. —Stricken While at Work. Thomas Teeple one of the men employed at the interlocking tower at the crossing of r ho Erie and Wabash, was taken suddenly ill while at his work Sunday night and is now lying at his home on the corner of Condit and Gay streets in a critical conidtion. Mr. Teeple went to his work seeming in his usual health. During the night he experienced considerable difficulty in throwning the switches and de rails for the passing trains owing to the fact that they would freeze up and stick. At an early hour he had occasion to thr> >w u switch and in doing so the lever controlling the wires attached to the switch refused to move. In throwing his weight on the lever he thought he could possibly jerk it loose but he was taken with a sharp pain in his abdomen. He at once notified the dispatcher’s office at the Erie of iris condition and asked to be relieved. Mr. Teeple was taken home and at 5 o'clock his condition bcctme so alarming that a physician as called. He found the man in a critical condition suffering from symptoms of appendiciris. A second visit by the physician today found the suffeiei to be on the verge of a collapse, his condition being fur below normal. Mr. Teeple is a man whojisjpopualr with both railway officials and employes, who learn with much regret of his affliction—Huntington Her aid. Mr. Teeple is the father of Drayman Frank Teeple oft his city. He lived here many’ years and is will known. Frank went over to see him last evening and says the physician was hopeful when he left this morning. HUNTING RELIC.

E. B. Bogart of Toledo is Here. ■ tie Lived Here in the Seventies and Will be Remembered by Old Timers. »• ■> E. B. Bogart of Toledo, is visiting friends in tins city. His father was formerly a resident hero and owned a restaurant in Decatur way back in the seventies. They left here about 1880 and the young man luul never visited the bceno of his boy hood. His father was in the army and when ho returned brought with him a jointed fishing rod made from material obtained on the Wade Hampton farm. He sold it to Samuel Boilman for t<*n dollars and the last trace of it was when it was sold after Mr. Bollman's death. Mr. Bogart spent several hours today i looking for tins old relic which he > would like very much to own. He ■ will be thankful for any information sent to his address E. B : B igart, bitt Adams dreet. Toledo. Ohio. He i- a very pleasant gentleman. His father and nndhtr i live at Columbus Drove. Ohio.