Daily Democrat, Volume 2, Number 26, Decatur, Adams County, 10 February 1904 — Page 1

VOLUME II

KSBORNE REFUSED A NEW TRIAL

Judge Erwin Overrules the Motion Gave Lengthy Opinion This Morning

— CASE WILL BE APPEALED .. — t To be Taken to Supreme Court as Soon as Possible judgment Withheld a Few Days Io Allow Time to Prepare Transcript. EJudge Erwin this morning, over. Whiled the motion for a new trial ■Made by the attorneys for the de- / fen-.- in the case of the State vs U|os' ph Osborne, anil so vigorously Mhgued yesterday. This means J Jot' will be sentenced to the Michigan ( ity prison for life and ’ yil' be taken there within the next Sponth. The case has been a resne in various ways OsMkirne was charged with murder in | Kho first degree for having killed father in law, John Busenbark. Sth, last. John Moran, prosecuting attorney, asfeflisf' d bj- C. J. Lutz made a vigor •OUs and able fight and succeeded in from the har.dsof the jury, a verdict of guilty of murder in the degree. The defendants jyiunsel. D. E. Smith, I). D Heller W. M. Anisden put up a noble feflefense and have given their best SSfrtiorts to their client, and will conto do so, having given notice the case will be appealed to supreme court. They have the court to withhold judg for a few days to allow the reporter, Huber D-'Vosh. time prepare the transcript which will Mbs other work can scarcely be com withing the sixty days al I<> I'd by law Osborne's attorn'ys Bill make every effort to secure a ■■pversai of the verdict. Judge opinion required an hour carefully went over every part el the motion for a new trial and »|ated that during the trial of this ho had used his best efforts to the defendant a tairand impar «nl trial, had looked up authorities ill each instance when in doubt *’ believed he had decided fairly impartial. He took up the motion ns filed and said that he believ the verdict was not contrary to as to find one guilty of murder the second degree it is not neees ■i.v to show intent lint is sufficient show malice. That th. verdict not contrary to the evidence, the misconduct of juror Kitson spoke tit length pnmtieilli clearthe juror of any wrong doing. that where there was any opportunity to meet the charges m tl • motion, the state and Mr. Kit

The Daily Democrat.

1 son had.the preponderance of evidence. Judge Erwin discussed the objections to the instruction of the court made by defendants attorneys and gave his opinion that they were fair and according to law. Referring to objections to statements made by Mr. Moran in his closing argument he said the attor noy had the right to infer what he did and to use the language '‘This is the knife used by Joe Osborne to to kill old man Busenbark.” To that part of the motion which refers to the court having wrongfully stricken out the evidence against Busenbark’s previous character, and to the admission of certain evidence concerning the conversation ; when Joe said, "If he goes back on me, he will never go back on any one else.” Judge Erwin said he had no reason to change his rulings made during the trial and which he believes were right. The motion for a new trial was overruled. Defendant Osborne was jin court and showed but little interest in the proceedings. — I ON WEDDING TOUR Newly Married Couple Attract Attention Landed at G. R. & I. Depot Appropriately Decorated.—The Groom Frustrated. The Grand Rapids depot was Hie scene of a little amusement last evening as the 4:31 train pulled in when two young people stepped off with all the ear murks of being just freshly and newly married. Their actions were amusing and when it came to passing the phalanx of hotel hustlers the groom gave it up and asked the young lady which hotel she prefered. Their trunk was beautifully and artistically decorated with old shoes some nailed on and other shied. Beautiful verses, especially manufactured for the occasion, large and ornamental signs and a large poster warning the conductor where to put them off. It eertinaly was amusing to the small audience there but on looking nt the groom you could notice that he did not enjoy the scene very much hut the bride didn't seem to mind it at all and tried to help her young hustmnd out as much as possible. For their appearance there is no doubt in our mind but that the young Indy hud taken advanuge of her leap year rights and proposed to him as she seemed to entirely lack that one great element, nerve.

DECATUR, INDIANA, WEDNESDAY EVENING, FEBRUARY 10, 1904.

* SENDS JEWELS Ross Harruff is Doing Nicely in Old Mexico. H. H. Harruff has received a box of opals and other jewels, a dozen in number, from his son Russell, , now employed on a newspaper in Mexico City. The jewels are beauties and are highly valued by Mr. Harruff. Russ writes that he is getting along nicely, has a good position, and is busy in his efforts to master the Spanish language, without, which one is almost at sea in that country. RELEASED TODAY t s Luther Collins Files Bond for Appearance ) ) r t ’ Signed by Eight Freeholders, Includ- , ing the Dead Girl's Fa1 ther. 7 0 1 s Luther Colilns was released from s jail this morning, having filed a - bond to the entire satisfaction of the Adams circuit court. The bond is in the sum of 11000 and pro- , vides for his appearance in court at ! the proper time. It was signed bv ’ I the defendant and eight good free holders, including John Smitley father of the dead girl. Others who signed the bond are AV. F. Johnson. J. M. Foreman, P. W. Dietsch, P. T. Waters, H Rutledge, IC.F. Wagner and W. A. Thompson. > Collins was in consultation with ' his attorney C. J. Lutz several hours this morinng and left on the noon train for his home at Chatanooga. He still claims his innocence and says he can prove it. The case is certainly a strange one, the affidavit against Collins having been filed by George Smitley accusing him of having caused the death of Malissa Smitley and now the liond which releases him is first signed by the dead girls father. Perhaps the future will clear the mystery, at present we shall not attempt to do so. — WILL MOVE SOON l I ; | i J. K. Niblick to Move on His Farm East of Town. The ci*y of Docatur is about to loose ono of its best citizens in the j very near future, as Janies K. Nibi iclk is contemplating very seriously moving on hit farm three miles east of town. As we understand the work of getting ready to dojiait 1 for their new home is now progres | sing and by the fifteenth of this month everything will be in readi- ■ ness to start the transfer of the household goods. Although the city i is looser one of its most reliable I i citizens he will still be practically ' I among us. as ho wili reside in this , j county, and still make Decatur! ! his trading headquarters. James has a very gocxl farm and he feels that hois lietter able to work the! I same and got lietter results than jhe could realize out of a tenant.! We regret very much to soo Mr., Niblick make this move, but we. join with his numerous friends here in wishing him a successful fanner ! life. I

COMMITTEE CALL! Democratic County Committees to Meet The Organization for the Coming Campaign Will Take Place February 18th. Notices have lx>en sent out’to all members of the old and new deniocratio central committee of Adams county, to meet in this city on Thursday, February 18. The old committee will settle all unfinished t business and clean the slate* while the new committee will organize by tha selection of a chairman, secretary and treasurer. Importance is lent to this meeting by the fact of the vacancy on the ticket of a commissioner from the third | district, made so by the death of Jacob Abnet, who was nominated at the last primary election. The committee will doubtless also take some action in regard to the nomination of a county treasurer and county assessor, this being necessary in view of the advanced opin- . ion on the unconstitutionality of the last legislative law extending the terms of certain county officers. In this county the new law favored the county treasurer, clerk, recorder. and county assessor, but if the opinion is rendered is upheld, these extensions are void. At present a county convention seems to be in i popular favor, as it will prove the i easiest and most inexpensive man f ner of completing the county ticket, ) I and ar the same time give general - satisfaction. Before the meeting of the committee on the, 18th they I ■, will doubtless appreciate some good | • sound advice upon their duties in ; ’ the premiess. RAVING MANIAC I John Terrell Becomes Frantic * Refuses to Eat, Talks Incoherently and Burned the Contents of His Safe. John W. Terrel, who is under conviction for the murder of his son in 1 law, Melvin Wolfe, last July, ‘ puces the corridor of his cell in the ; county jail, at Bluffton a raving, frantic maniac. For some time those I who have been intimately acquaint-j od with him and who have frequent;ly visited him at the jail, have noticed that he was not the same man. mentally that he was during i the progress of the funnus trial. • However, Monday night was the | first evidence he gave of being en ( tirely unbalanced. During the night he arose from his cot. went 1 to his safe and took there from a < number of pliers. These he piled ( on the floor and applied a mutch, with the result that they were en 1 tirely consumed. During his eon- | finement in the jail, Terroll has lieen looking after his own business j' affairs and has had Ins safe right in 1 ; the cell with him. What the exact ( i contents of this safe were no one j knows, firn it is certain that it con ' , tuiiied papers of great value and u I I considerable amount of money. It, lis thought that a portion of his j money was also burned up by the 1 j man during his pTiod of violence.

CHARGE OF EMBEZZLEMENT Affidavit Filed Against 0. J. Bayes

HAS LEFT COUNTY • Accused of Having Robbed His Employer Collected Money and Notes and Appropriated Them to His Own Use. An affidavit was filed this afternoon against O. J. Bayes, charging him with embezzelment, and if captured the young man will possibly serve a term for the state. The papers will be filed in circuit court by Prosecuting Attorney John C. Moran upon information given by a former employer, L. A. Graham. Bayes came here fifteen months ago from Garret, Indiana. His home is at Wauseon, Ohio. After arriving here he was idle for sev-

ARREST MADE James McDonald Charged With Murder Recused of Being Miss Schafer s Slayer.—Taken to Prison for Safe Keeping. Special to the Daily Democrat. BEDFORD, Ind., Feb. 9—James McDonald, the teamster whose testimony before the board of inquiry in the Bedford murder mystery was to the effect that he walked home in front of Miss Shafer and I Captain Alexander and met two i men standing at the corner of the alley where the murder ’occurred, j has been charged with the murder ' and wil tie taken to Jeffersonville 1 tonight. McDonald was later tak'-n to the Jeffersonville reformatory tc avert a possible attempt at lynching. \ The detectives claim to have much i circumstantial evidence ot against i the prisoner. The motive of th<*: crime, thev say. was twofold. rob-i’ ery and assault. The latter was unsuc.iessful. but as to the former, Detective Reed will not state whether a clew had been secured.! McDonald is the same party who 1 has l>een before the court of inquiry ■ several times. He is about thirtytivjp years old and has a wife and several step children, lit- has been employed by the Bedford Coal Mining Company for some time.

NUMBER 26

eral months when he was fiaa Unemployed by Mr. Graham as an ia suranco solictor. He proved a. clever fellow and for a year worked faithfully. His services were I appreciated and he was almost a mamber of the Graham family wit* ! whom he lived. However it seems ho did not appreciate the opportuu • ity given him to make a man »f himself, for last September Mi Graham discovered that he hint misplaced his confidence and that Bayes had collected notes uu< ! premiums on insurance policies ; for a considerable amount and appropriated same for his own uso. Even then Mr. Graham was loath to make uny trouble for th<» young man and gave him an op portunity to work out the amount, thus stolen from him and to help him in any other way possible Bayes has acted independent an< has made no effort to replace the money. Recently he has been engaged in putting out a directory at Berne. He completed his work there last Friday it is said and hast left the county If he comes back it will no doubt be in charge of as officer. Ho was quite popular among young people here and his actions were those of a gentlemas, consequently this charge comes as a surprise.

Only Two Voters. Uncle John Rupright, of Adams county was in the city today. Ho : says that the republicans in th<» ninth precinct of Preble township I Adams county are in a terrible ' state of mind over the prospect that they will be disfranchised from voting at the coming district primary. There are only two republicans in the precinct—not enough to fill the places on the election board—so that they can’t . hold an election in the precinct. The two voters cannot vote in an. other precinct and cannot import i voters to help them till out the eleo. tion board.—Bluffton News. , THE EXPLOSION i Nitro-Glycerine Factory Blows Up — - Fifty Milts Away.—The Shock Plainly Felt Mere. No One Hurt. A dispatch from Wapakoneta, Ohio says: The factory of the Findlay Nitro glycerine company, ten miles north of hero, blew up at. 7 o'clock this evening, but no one was injured. Wapakoneta was badly shaken by the cxplosi m. Tbo shook was felt at Dayton and Fro mont, sixty miles distant, and at i Lima 1,000 window panes were broken. The loss will lie |l()00,” The explosion was plainly heard land felt in this city’ and many people hurried from their hmm* to j ascertain the cause extracting to hear of some terrible and horrible ! accident. Within twenty minutes, 1 the Democrat had the news display - Je.l in their bulletin window.