Daily Democrat, Volume 2, Number 52, Decatur, Adams County, 12 March 1904 — Page 1

VOLUME II

ARBITRATION SUIT SETTLED

Miller and Williams Dispose of Court Affairs

MR. MILLER VICTORIOUS Settles Demand of $7400 for SIOOO. Battle of a Year’s Duration Disposed of at Kokomo Yesterday. The arbitration suit of John Williams vs Calvin Miller has been settled as has also all the other difficulties of these two men and Mr. Miller has won a decided victory. Until recently Messrs,. Miller and Williams were partners and more than a hundred thousand dollars worth of public work was done by them with gains and losses as always fall to the lot of contractors. About a year ago Williams brought suit against Miller demanding S6OOO as his share of the partnership settlement. The suit was dismissed on plea of statement and another and similar one filed. About a month ago it was decided to settle the case by a board of arbitrators, thus taking their business affairs out of court. This trial began in D. D. Hellar & Son's law office last week and three days of evidence was heard when an adjournment was taken. In the meantime Mr. Williams had filet! another suit against Mr. Miller and his father in law, John Druckemiller at Marion, demanding SI4OOO and claiming that a note had l>een given him for SBOO, to which was added interest since 1898 and attorney fees. This case was taken to Howard county on change of venue and the trial began before a jurv at Kokomo Wednesday morning. Mr. Miller claimed as a defense and proved that he had given Mr. Williams the signed note but blank as to consideration and had been told by Mr. Williams that same had been destroyed as they had not used it. Calvin supposed this true and had entirely forgotten the note until a few months ago when he recieved word from a Marion bank that the note was held there for collection. The suit followed and the evidence which was concluded Thursday evening was strongly in favor of Miller. Yesterday morning just before the attorneys began this arguments to the jury, Mr. Will iams and his attorney W. M. Ama den. realizing defeat begged for a •cttlement and same was finely effected, on agreement being signed to dismiss not only the case at bar, But also the arbitration suit hen' Mr. Miller paid SIOOO as complete Payment in the cases when' $7 lO* l was demanded. During the trial Thursday Williams collapsed while °C the witness stand. Mr. Miller i won decisive victory at every stage i t’.e controversies during th' Tear and has proven that every ■ ’Moment ho made was right and I konest. The trial this week show I ’ fruud plainly and nearly every jm • n, »n took the trouble to inform < o tbit they were for him I*'' by Attorm >s 8.-..(i? | this city, Charles of Marton > ' of Kokomo and i n th<> i ' 1 »Mloii suit by Heller A S >n.

The Daily Democrat.

BANK STATEMENT New York Report Shows a General Decrease. Special to Daily Democrat, NEW YORK. N. Y., Marfth 12— The statement of New York banks for the week ending at noon today showed a general decline in the money condition, the figures being as follows: Reserve, decrease $6,275. Loans, decrease $2,519,400. Specie, decrease $572,000. Legals, decrease $780,220. Deposits, decrease $3,332,490. Circulation, decrease $1,206,100. MUST DIE Chicago Car Barn Bandits Found Guilty Punishment for tach Fixed at Death. —Jurv Out Many Hours. Special to The Daily Democrat CHICAGO, ILL.. March 12-Car barn bandits Niedermeyer, KanDine and Marx must give their lives as a jienaltv for their awful crimes. The jury this morning returned a verdict of guilty and fixed the punishment of each at hanging. The jury was out many hours,the delay being caused by a division of opinion as to making the punishment the same for all. The bandits heard their doom stolidly. The mothers of two of the boys were present when the verdict was read but made no outcry. GOVERNOR ACQUITTED Supreme Court of Louisiana Finds for Him in Old Case. Word has been received by Governor Durbin from his attorneys at New Orleans that the Federal Court of Appeals has sustained the lower court at Jacksonville, Fla., in its decision in the defamation suit brought against Governor when he was colonel in the Spinish American war. The decision is favorable to the Governor. The case was instituted by a man named Harton, who operated a saloon near the camp of the soldiers. Some trouble arose which Col. Durbin thought was canned by the presence of the sa-. loon, and he stated hG opinion to tho keeper in strong terms. Burton then brought suit on flic charge of defaming his oharcter. The case j ha* heon pending in the courts five I years. i *

DECATUR, INDIANA. SATURDfl v PVENIr.G, MARCH 12, 1904.

A CONVENTIO

Republicans No i ate Mayor and Marshal Colter and Cordua Their T'cket. No Nominations for Clerk or Treasurer. The republicans of the city met in mass convention at the court room last night for the purpose of nominating a city ticket, Chairman L. A. Graham presided and up i his request for a permanent cha.ii - - man P. L. Andrews was chosen am 1 acepted the honor wi ; h a two minute prepared speech in which he told the history of the g. o. p. French Quinn was made permanent secretary., and the call was made for nomination for M lyor. J. S. Peterson presented the name of Charles H. Colter, book keeper at the First National bank, C. D. Teeple moved that nominations be closed and L. A. Graham made the motion that the nomination be by acclamation. Mr. Colter thanked the convention for the honor given him. The only fight of the evening came when the chairman called for nominations for marshal. Will Russell presented the name of Samuel Butler and Schafer Peterson in a ten minutes speech in which he i classed Harry Cordua with the great men of the nation, nominated that distinguished gentleman Each candidate had printed tickets and distributed them among the voters. C. K. Bell, N. C. Coverdale, Will Shrock and D. W. Beery formed the election board and a count of the votes showed the result to be Cordua 115, Butler 100 and the former was declared the nominee. An attempt at enthusiasm did nos result in any very wild demonstration. C. D. Teeple moved that no further candidates be named, leaving a clear field for democratic nominees Jack McFeeley for clerk and|W. J. Archbold for treasurer. A meeting to nominate republican candidates for councilman will be held in each ward next Friday evening. A SCHOLARSHIP Libera! Offer From National Normal A Student and Teacher From Adams County to Be Given Free Tuition. County Superintendent Brandyberry has received an oiler from the National Normal University of Lebanon. Ohio, enclosing two free scholarships to that noted school. One of these will lie given to the pupil of this county including the eighth grade, Decatur, who receives the highest grade in the dipion a examination, the other diploma goes to the teacher of the pupil. The examinations will be held in this county on the third Saturdays of March, April ami May and ever}’ student in tho higher grade must pass sumo. The offer is a very lair one and should inspire students and teachers to harder work. The National Normal is one of the old- < an I best in th" country and a term or two in that institution will benefit any student or teachers in the county.

SCHOOL CLOSES Number Six in Union Township Has Gala Day. School at District No. 6, Union township closed Friday. The people of the district gathered and helped to make the day one long to be remembered, by preparing a grand dinner, four tables the length of the school room being filled with the best to be found anywhere. After dinner. Cline, the teacher and his p’. ■ w ertained the large audience v.e i an interesting and well prepared proyr tm after which Mr. Koldowey, the trustee, and many present gave interesting talks. AU > nt home feeling that it was weL and profitably spent. OFFICIAL FIGURES Congressional Primary Vote Canvassed

As Given Out Cromer’s Majority is One Thousand Seven Hundred and Ninety-Seven. The official vote of the congressional primary has at last been convassed, and as given out from Anderson by the district chairman George Lilly, the following vote' is reported : In Wells county Cro-1 mer 868, Dunlap 515; Jay. Cromer' 1,433, Dunlap 1,394; Madison, Cromer 2,416, Dunlap 4,293; Dele ware, Cromer 5,469, Dunlap 2,071; Randolph, Cromer 2,277, Dunlap 2,850; Adams, Cromer 901, Dunlap 489. Cromer's to’ C vote was 13,364 and Dunlap's 11 07. Cromer’s majority in th; lot was 1,797. The vote wu t changed slightly from that at first reported, but the changes were few and of but little consequence one way or another. Mr. Dunlap and his friends may still feel proud of the vote accorded the Anti-Cromer candidate, while we presume Mr. Cromer is satisfied in saving his scalp from political annihilation. During the primary many districts were watching the results ofa cimgressionnal priamry, with a view of deciding its virtues. Since it is over, however, but few if any comments have been made as to the effects made on the minds of our neighbors. NEW QUESTION Another Point in Nicholson Law Before Supreme Court. A case was appealed from the Wabash Circuit Court yesterday to the higher court which brings up an entirely now question regarding the Nicholson law. Can a man take out a license to sell liquor in a county, establish a place of business, and then move to another county, leaving his business in the hands of another person? The transcript in the case shows where Warren Morrow secured license to sell liquor in Wabash Couny. Ho : opened a saloon in Wabash and i then moved to Peru, leaving the saloon in charge of Chui les Dudley. I Dudley was arrested fur selling li-1 quor without a linone he pro-1 daoed a oont ictshowhd that Mor-i row was till prupt :e®r mid that , Dudley made weekly The Wabash circuit ilecidt d Dudley was not gti'Uy of violating ■ the law an<l -ioei <> h ; boa appealed on an error in the finding of i 1 wer court.

ro BE SENTENCED MONDAY

Joe Osborne to Appear Before Bar of Justice

ASSESSORS MEET Every Township But Jefferson Represented at Today’s Meeting. The township assessors were in session at Sheriff Butler’s office today; every member being present with the exception of James M.Duff, of Jefferson township. A number of deputies were also present and the meeting was one of general good to the officers. Today ended the first week of the assessors duty and the session today was called by county Assessor Elias Crist to give each townsip officer an opportunity to compare notes with the atlas and ask any question which they should deem necessary.

KILLED FATHER John Godfrey of Fort Wayne Murdered Bloody Affair in a Road House.—Murderer is in Allen County Jail. FORT WAYNE, March 12—John Godfrey, the last of the full blooded Indians of tho local branch of the Miamas, was shot and killed about 10:30 last night by his son, John, in a saloon which the old man conducted on the Indiana reservation, along St. Marys river, southwest of the city. There was only one witness to the shooting— Frank Godfrey, the fourteen year old son of the murdered man, and he lays the blame entirely upon his brother. Ho wits so enraged at his brother's deed that he fired two shots at the latter with the shot gun, and but for the prompt action of Philip Linlag, the nightwatchman at the county infirmary a double murder would have resulted. The murderer was arrested and i is in jail here. The resort w here the affair happened was one of tho most notorious in the part of the state.

PEDRO CLUB — Enjoy an Evening With Miss Eva Acker Miss Eva Acker entertained the Pedro Club at her home on First street and a tint' time was had. At eight o'clock the playing began and for three hours the buttle for first prize raged fast and furious. First prize was captured by Mrs. Tom Reed, after the awarding of tho prize and tho excitment hud subsided, Miss Eva piocceeded to served a fine throe course luncheon which till did justice to. Mass Convention The democrats of St.M »rys township will hold tlieir township noin hint ing convention next Thtutkkiy [Marcli 17. The convention will co iheld at Bobo, st seven o'clock in the i evening, to which the democrats two urged mid invited in attend. By order of Cum mi (tee.

NUMBER 52

TIME FIXED TODAY Will Probably Be Taken to Michigan City Tuesday case Will Be Fought Out in the Supreme Court by the Attorneys.

When the Adams circuit court convenes at nine o’clock Mondaymorning an event of more than unusual moment will occur, for that is the hour Judge Erwin has fixed to pass sentence upon Joseph Osborne. This afternoon court reporter, Huber DeVoss informed the court that he had his transcript for the appeal of the case to the supreme court in such shape that it could be completed within the sixty days allowed by law and Judge Erwin at once stated that he would sentence the prisoner Monday morning. Such scenes are solemn and by no means pleasant for court, attorney or spectators. The story of the past six months of Joe Osborne’s life are well known to most of our readers, in fact his history from babyhood until today has been given in full in the evidence of the famous trial which closed on Christmas Eve, when a jury of twelve men returned a verdict of guilty of murder in the second degree and fixed the punishment at imprisonment for life. Shortly aferward his attorneys filed a motion for a new trial which j was argued a month ago, and which Judge Erwin overruled. The postponement of sentence was asked and granted to allow the transcript which will cover 1000 pages to be near enough completed to insure its preparation within the time limit. The case will be fought out before the Supreme Judges of Indiana whore Osborne's attorneys hope to secure a reversal and subsequently a now trial. But in the meantime the prisoner will be confined behind the walls of the Michigan City penitentiary. Here he will be sentenced Monday morning and in all probability be taken away the day following. Osborne has been a model prisoner in the Adams county jail and has not changed any in appear uncos since his trial of three months ago.

BLANKS ARE HERE Homer Sowers Ready to Receive Applications for Mail Service. The civil service examination under the United Stab's commission of applicants for mail carriers will be held in Decatur on Saturday, April 9,commencing at nine o’clock a. in. Homer E. ‘Sowers has lieen appointed secretary of the board of examiners and all application must be in hiv hands by the evening of April 5. Th'so appP itigns mast 1 1«> aide on ii a lar blanks which fan bo <>’> toil'd now Iroin Mr. Sowers. Person desiring to take . the examine i< u should w-ujc and fill out same at once in onliT to allow time for any necessary rr>r notions.