Daily Democrat, Volume 2, Number 70, Decatur, Adams County, 2 April 1904 — Page 1

VOLUME II

VERDICT IN THE BIG CASE Jury Finds for Plaintiff in FaylorStudabaker Case

OUT TWENTY HOURS Finding That Real Estate Belongs to Plaintiff Damages Assessed Against Defendant In Sum of Fifty Dollars—Case to be Appealed.

The jury in the ’case of Thomas Faylor et al vs D. D. Studabaker, suit to set aside a conveyance returned a sealed verdict at 7:30 o’clock this morning after twenty hours deliberation. At nine o’clock the following verdict was road in open court: “We, the jury find for the plaintiffs, that they are the owners in fee of the real estate described in the complaint anda re entitled to posssession of the same and we assess their damages against the defendant in the sum of fifty dollars. Signed L. W. Lewton, foreman.” And so ends two years of litigation in which the evidence has been rehearsed four times, two disagreements and two verdicts for plaintiiffs being the result. The jury went to their room at two o’clock yesterday and on first ballot stood nine to three for plaintiffs. This condition of affairs continued until midnight when a break came and in a few minutes a verdicS for the plaintiff had l>een agreed upon. Then came the assesm-mt of damages,and another long battle ensued, some of the jurymen holding out for from 1600 to <7OO, while others believed none should be given. At 7:30 this morning the amount was fixed at <SO. Just three years ago yesterday on April 1, 1901, Aunt Katy Faylor deeded the farm of 127 acres to D. D. Studabaker who agreed to care for her during lit". While it was not exactly an April fool joke it was the commencement of trouble for Mr. Studabaker. Etrly in 1902 Thomas Faylor and other heirs of Aunt Katy filed suit to declare her of unsound mi nd «nd thus annul the deed. The jury in this case failed to agree and before the case could be tried again Miss Faylor died July 9, 1902. Immediately suit was brought to set aside the conveyance. It was tried in the Wells circiut court and a verdict returned for plaintiffs. The defendant took a new trial as of right and a change of venue to this oounty. Tried hero last January the jury failed to agree and the present case was necessary. One of the attorneys in the case informed us this morning that the court costs in the four trials will reach ♦IOOO while the attorney foes for cuoh side are probably <3,000. The land in question is estimated at , <12,000. Mr. Studabaker when asked if he would appeal the case to the supreme court replied, “I certainly shall, I will never stand such “ verdict until I have to." This means several hundred dollars more cost.

The Daily Democrat.

WANT REV. WADE Bluffton Methodists Endorse Him for Rev. Daniel’s Place. At the meeting of the official board of the Methodist church last evening a resolution was passed asking the conference to appoint Rev. C. U. Wade of Muncie presiding elder of this district in place of Rev. Daniels, who will resign. A committee was appointed to present the resolution to the conference next week. The presiding elder of this district generally makes his headquarters at Fort Wayne but the church here wants Mr. Wade to reside in Bluffton.—Bluffton News. RESIGNS OFFICE ’Squire Baughman Quits the Bench Unabil!ty to Attend to Business Given as Reason for His Resignation. Commencing with today the title of 'Sqiure can no longer be addressed to William Baughman, he having yesterday tendered his resignation to the proper athourities, to take effect this morning. While acting in this capacity Mr. Baughman has given perfect satisfaction. The direct cause of Mr. Baughman’s resignation was due to the fact that he was unable to attend to his workin a manner that it should be taken care of owing to his inactivity in getting around and the strain of sitting during the progress of a long case for one of his age. Mr. Baughman will oertainly be missed in this line and it will lie hard to appoint a man who gave such general satisfaction. By cause of Mr. Baughman’s resignaton this leaves a clear field now for 'Sqiure Smith as 'Sqiure Reynolds resigned some time ago, leaving now only one Sqiure for Washington township. SOME FIGURES Amount of Water Passing Beneath the Bridge Each Minute. Old timers tell us that the St. Marys river is the highest it has been in twenty five years and the statement as no doubt correct. The waters as they surge beneath the Monroe street bridge are murky and dangerous looking while the current is fierce. Charles H. Colter of the National bank at eight o'clock this morning calculated that 21,125,000 gallons or 681,457 barrels of water passes beneath the bridge each minute. These figures are based upon estimates that at this point the bridge is 125 feet wide and the water twenty five feet deep. This means HBO square feet of water passing beneath the bridge each minute. We would tell what the volume was for the day but have run out of figures.

DECATUR, INDIANA, SATURDAY EVENING, APRIL 2, 1904.

FIRST ACCIDENT George Worden Took a Cold Bath A Thrilling Experience With the Raging Overflow of the St. Marys. George Worden who lives a few miles east of the city, had a very narrow escape from drowning today while coming to town on horse back. Everything had gone smooth with George up until the time he reached the water, which is now backed up over and across the road leading up to the river bridge, and it was while riding through this space of water that his horse became frightened and lunged sideways, throwing George from its back into the water. At this place there is a very swift current and the minute he hit the water he was swiftly carried north to the fence which guards the road. He managed after a short struggle to regain his feet and -carefully pick his way to high and dry land. Those who witnessed this accident stood breathless and in away helpless to assist him and had he been swept over this levee into the deep water along the side he would undoubtedly have been drowned before the eyes of numerous people, as the water at this point is nearly fifteen feet deep. George was certainly fortunate that he escaped with a mere ducking. TO HONOR DEAD Monument to be Unveiled for Victims oi Wallace Wreck. On Decoration day, May 30, the handsome grantite momument designed and made by John Powell, a Logansport man, will be unveiled at the site of the terrible wreck of the Wallace circus train at Durand, Mich. It is being erected by means of a fund oft 1,500 which was subscribed by showmen and others all over the counry through the suggestion and„under the control of the Billboard, the theatrical and circus weekly published at Cincinnati. Subscriptions were limited to fl each in order to give all an opportunity of being represented in the good work of supplying a memorial for the unknown dead in the disaster. The wreck occurred at Durand Aug. 6, 1903, the second section of the train crashing into the rear of the first section. The record of the affair says twentyeight were killed and twenty-one injured. Many of the dead were mangled beyond recognition and it is to their memory that the showmen have provided this monument. The shaft is of gray granite, thirteen feet high, with a Ease four feet square. It is being prepared at Flint, Mich. MAY VISIT THE FAIR. Bert Heller, leader of the Linn Grove band, was in the city last evening calling on friends. The band of which he is the leader has the reputation of being "one of the best in Indiana and negotiations are under way which will result in the organization making a thirty days engagement at the St. Loins world's fair the coming summer. The world’s fair management secures bands from all part of the country. —Bluffton News U. B. SERVICES. The pastor will preach an Easter sermon tomorrow at 10:30 Evangelistic services in the evening at 7:30. The revival meetings will continue next week. You are cordially invited to all these services. No mooting tonight.

FAREWELL SERMON Rev. John C. White Completes His First Year in Decatur. The farewell sermon of Rev. John C. White,who finishes his first year at the Methodist church, will occur at the usual hour tomorrow morning, and this announcement will no doubt be sufficient to pack the church with the many admirers of this very polished minister. Rev. White will leave Monday noon for Muncie where for the next week he will attend the sessions of the Northern Indiana Conference. It is the fond hope of every Methodist and many others, as well, that he will be returned to the place he has acceptably and so ably filled during the past year. In addition to the morning services tomorrow there will be a baptismal service at three o’clock for both adul s and children, and in the evening Rev. Earl B. Parker will occupy the pulpit. EASTER SERVICES Musical Program at St. Mary’s Church Father Wilkens Will be Assisted In Morning and Afternoon Services. Easter day will be appropriately observed at the various churches in this city. At the St. Marys Catholic chruch the exercises al ways beautiful will be even more so than usual tomorrow. Services will be held morning and afternoon, conducted by Rev. H. Theo. Wilkens who will be assisted by Rev. Bitus of Carthagenia and Rev. Gorde Gardner,a United States chaplain. High mass will be conducted at six and ten o'clock in the morning, solemn vespers at three o’clock, p. m. and solemn communion will be conducted at six o’clock p. m. by the Benevolent Legion and the St Agnes Society. The following is the musical program: Kyrie .... Weis Gloria Weis Credo .... Weis Sanctus Weis Hec Dies - - - Weigand Benedicfus - - - Weis Agnus Doi - - - Weis Afternoon Services, 3 o’clock p in., sun time: Vespers - - Bro Boniface Magnicfiat - - ■ Emerichs O’ Salntoris - - - Weigand Fantum Ergro - - - Millard To Deum. KILLED HIMSELF Mr. Flaherty of Van Wert, Ends Life With Revolver. W. M. Flaharty, agent of the Pennsylvania railroad at Van Wert committed suicide in the freight house at 10 o'clock last night by shooting himself. The body was found a short time afterward. I Flaharty was one of the old men in the employ of the Pennsylvania company,having been in the service twenty seven years. Moie than fifteen years ago he was t mnde the agent there. Aside from his railroad interest he was prominent in business circles, us was director in the bank recently established, and a member of the city school board. Ho had recently tendered his resignation as agent of the railroad and was preparing to go into other business. Friends can not assign any reason for the rush act. He was quite well known by a of Decatur people.

RIVER IS STILL BOOMING Levee East of Town is Under Water

HIDDEN TREASURES Found Hidden Underneath Home of Wells County Man. Relatives of Harry Hatfield, whose death as well as that of his wife occurred last week, yesterday met at the old home and made a search for buried money. Mr. Hat-i field was always a man of a rather i peculiar temperament and it was ! suspected that he had during his long residence at that place, concealed money at various times and invarious amounts. Under the house was found a fruit jar containing |286. There were thirty-five $5 gold pieces, eleven $lO gold pieces and one silver dollar. This money had been placed in a self i sealer fruit jar and the lid securely j fastened. The fruit jar had been wrapped in old rags and then placed in a one gallon stone jar after 1 which it had been buried under the house. During the search for the money the son, who was with the searching party told his grandmother that his father had buried some money in the Jgarden at one time. The search was renewed and the ground systematically spaded over. The search was finally rewarded by finding S3O in gold buried in a similar manner to that which had been found under the house. Before her marriage Mrs. Hatfield had been presented with S3O in gold which she had kept hidden in the house. This money was also brought to light.—Bluffton Banner. COURT NEWS Last Day of the February Term April Term Begins In One Week — Business as Transacted Today. Today marked the closing of the February term of court and the next week is vacation time for the Judge and court officials. The April term begins one week from Monday. Business as transacted on the docket as follows: i Attorney J. F. Snow filed a suit in court this morning entitled Henry i A. Fuhrman, Maggie E. Fuhrman, < John Tonnellior vs Caherine Gast, suit to qniet title of real estate. Summons was made returnable April 20. John G. Sheets vs Mary Daugherty et al, sale of real estate reported, deed ordered and approved, plaintiffs and attorneys allowed $25. 0 i Thomas Pay lor et al vs D. D. Studabaker, verdict returned in favor of plaintiffs. —o— David Wheeler vs Mary E. Glendenning, commissioners report ! filed and approved, commissioner I discharged.

NUMBER 70

HIGHEST IN YEARS Raised Over Two Feet During Last Night Continues to Advance, But Believed the Danger Point Has Passed.

For the first time since the levee east of town was rebuilt and made I higher the high waters covered that pike this morning and the lands east of town are hidden from view by many foot of water. Judge Studabaker, John Falk and others, whose homes are between Bellview and the bridge are bottled in bv high waters. The St. Marys river raised over two feet during last night and has continued today at an inch an hour. Old settlers say the waters now in this locality are the highest in thirty seven years. In 1867 the river was entirely over the east road and at that time a well known citizen named Eyeson was drowned. No apprehension is felt here as almost as much more water would have to fall to cause any serious trouble in either the residence or buisness part of Decatur. Fred Scheiman’s packing house suffered slightly from the water and some kettles in the yard floated down river but were rescued. Many suppositions are advanced to the cause of the continued rise as no rain has fallen here for thirty six hours. It is generally believed that the overflow of the reservoir while it doesn’t feed diroetly into the St. Marys has caused the water to back into the river so rapidly that it cannot be carried away. A telephone message from Celina this afternoon says the water in the resevoir has fallen two or three inches today and it is believed the danger for the present is over. More rains next week means the worst flood ever known in this locality. At Portland the waters are also receding and I \ ("morrow or Monday people will (mi located in their homes again. Every railway running into this city has suffered from washouts, the Clover L'af at Fort Jennings, Ohio and the Erie at Kenton. The G. R. <fe I. have nearly a mile of track out between Geneva and Bryant and trains run only to those towns and then back up. A whole tram of gravel was taken there this morning and a number of boats with which to lay new track. It will be several days before any traffic can be carried on satisfactorily however. FIRST MISS Routt Five Without Mall Today for First Time. Melvin Butler was unable to mnko his trip his morning on account of i high waters at Borum’s run where the roads are covered. This is the first time the patrons of route five have failed to get their mail since . the route started sixteen months ago. The record is a good one and the people along the route no doubt ' appreciate such service.