Daily Democrat, Volume 3, Number 5, Decatur, Adams County, 17 January 1905 — Page 1

VOLUME 111

A MOST SERIOUS CHARGE Johnson and Touhey flust Answer In Court

TOUHEY ARRESTED Released on Bond-John-son in Pittsburg Prosecutor Files Affidavit Against Accused Men For Assault With Intent to Kill. Prosecutor Moran this morning tiled in circuit court an affidavit | and information, charging Elmer Johnson and Ed Touhey with * assault and battery with intent to | kill and murder one Ed Mac-hand. Sheriff Butler arrested Touhey five minutes afterward and brought j him before Jud,e Erwin, who fixed , his bond for appearance at <SOO. | He gave bond and was released j •Johnson is in Pittsburg, but will be placea under arrest upon this charge as soon as he arrives home, which will probably be the latter part of this week or the first of next. He is under <SOO bond to appear before Mayor Coff» e February ■2nd, on a charge of assault and battery. This and his other financial interests in Decatur will guarantee his return home by the date mentioned. The affidavits filed today are the result of the fight which occurred at the Riverside Feed barn last Friday evening. It will be rememtored that the story told then was that the men had some trouble up town and that Machand and Waggoner went to the feed yard t > get their team and start for home. Whle there Johnson and Tub y came in and while the former had hold of Maohand's hand, presumably to make up, Touhey struck the former on the back of the head, knocking him unconscious, whereupon Johnson kicked him unmercifully. Several witnesses including Nick Waggoner, Will Behnke and John Soheiman saw the affair and so t.e statements made by Johnson and Touhey, just after the trouble may make bad evidence. Macha nd was un onscious until four o'clock the next morning, but was able to go home Hatuiday. While he has not yet fu’ly recovered, it is believed his injuries will not prove serious. WERE WEDDED Miss Scott M.rrltd to Laketon Busi nets Man. A quiet wedding occurred at the Methodist parsonage in this city Sunday afternoon, when Rev. John C. White united in the holy bonds Miss May Scott and Mr. L. O. Wertenberger. The bride is the daugh tor of D. E Scott, the insurance agent and is well known here. The groom is a resident of Laketon, Indiana, where he is engaged in the hardware business. The happy young couple left yesterday for Liketon, where they will make their future home. Mr. and Mrs. E. E. Smith left today for Lima, Ohio, where they will make a visit and then go to Arkansas, where they will m ike their future home.

The Daily Democrat.

OIL NEWS Higher Price Wanted Well on Island of Borneo. Oil men say there are less than 25,000,000 batrels of high grade crude in the stock tanks of the Standard Oil company. Should the ! wells be shut in for six months the stock would be wiped out. Oil operators say that they must do something to protect themselves from heavy losses, and there is no better time for them to start than now. The trade says it cannot afford to produce crude oil at the present figures. Report from across the continent is that a 20,000 barrel well has been drilled on Borneo is land, in the South Pacific ocean, and that the product is a high grade one. Kansas oils have declined so that many prospective drilling wells have been given up. An even dozen big wells were completed in the Muncie district this week. The new well near Cicero is attracting much attention. Ohio had only three gushers, one in northwestern and two in southwestern Ohio. Kentucky failed to show a new gusher. West Virginia had five three in Marion county and one each in Wetzel and Harrison ooun ties. One well near Mannington, In Maron county, did 960 barrels. FOR LARCENY ~ Bob Reef To Be Arrested Today Charged With Stealing a Buggy Whip— Affidavit Filed in Court, Robert Reef, a young man living near Steele, in Blue Creek township will be arrested this afternoon on a charge of p tit larceny. Proslemtor Moran tiled the affidavit against him in Giro lit court this morning up in inform ition of Roller M. Andrews. Reef is charged w th having stolen a b iggv whip and this offeme what pits the young man on trial and mar bind him in the jail or reformaton. Taough this crime of itself seems rather trifling for so serious a ohargCjii. is said smilar offences have become so numerous in that neighborhood that the citizens deemed it high time to teach some one a lesson. It is said that for several months whips, rolies, etc., have mysteriously disappeared ami a plan to catch the culprit resulted in the affidavit today. The names of five or six witnesses appear on the papers, and it looks ns though the detective work was well executed. To Richmond Asylum Deputy Sheriff Freeman Carlisle, of Bluffton, passed through our city this morning, enroute to Richmond, having in charge an insane woman. This women hud been adjudged ■ cured several times, and has been jan inmate on four different ooca- ' eions.

DECATU't, INDIANA. TUESDAY EVENING, JANUARY 17, 1»05.

QUEER LAW SUIT Decided in Grant County—Who Owns Exhumed Bonts? The owner of the land and not the tenant is entitled to the pisses si on of the bones of all masbxlona or mammoths that may be exhumed from the cemetery for prehistoric animals that may be found along Barren creek or any other part of the county or state. So says a jury in the Hrant superior court. The ownership of the mastodon found last March <>n the Dora E. Gift farm along Barren creek, a few miles from Fairmount, h«s at last been determined. The settling of the question, however, may not stop with a jury as an apiieal to the higher court may be taken because of the unusual features of the case anil the points involved which have not been heretofore decided upon The bones were sold to a New York museum for <I,OOO. No other case like this one has come up before the courts of Indiana. There is no precedent on record so far as attorneys could determine. Many new questions were raised during the trial of tne case, and the taking of the evidence was a tedious matter. The case did not go to the jury until yesterday at noon. The verdict was returned four hours later. According to the juiys verdict, the Smith brothers will be required to turn over the money received from the sale of the bones to Gift, the plaintiff in this suit. REAL POET E. e L. Carrol’s Latest Literary Effort Makes Longfellow's ‘ Rainy Day" Look Cheat - lie Needs Your Sympathy. ’Tts not only the school girl, absent at her first term of college who becomes homesick, at least that is the inference we draw from a letter received this morning from our ■ friend and townsman, E. L. Carroll, : who for several weeks has been acting as secretary of the United | Grain company nt Buffalo. The I letter was written Sund iv and E L. describes it as the stormiest day he ever saw. Lonely and alone in his hotel <’ii the Hudson he breaks off the folio wing touching spasm: “While sitting by the fireside, in my great big cosy room Smoking a good cigar, this “stormy’'Sunday afternoon, Watching the smoky ringlets, changing in the air, Familiar faces distant, form on memories mirror there. Mr. Carrol’s address is 5()1 Marine Bank Building, Buffalo, N. Y., and no doubt this sad verse will cause Coroner Falk and other noted Decatur poets to send him a few lines that will bring back his usual happy smile. TO CUBA Marlon Zouave Boys Will Tour Thai Country. The Marion Zouave company, now appearing in vaudeville performances in a number of southern cities, will make a tour of Cuba within the next year. The Zouave company made a hit in the south wherever it has appeared. Soon after their appearance in the south a company which was proposing to make a tour of Cuba decided to take the Zouaves as one of the attractions.

COURT NEWS Suit on Note Filed This Morning Smith Paterenty Case Decided at Port land Yesterday—Gas Case Under Headway. A new case filed in circuit court this morning up in app»ibfrom jus tioe of peace court, was entitled A. | J. and Lewis Hannon vs John L. Andrews J. and Warren J. Case, complaint on note, demand <lls. —o— The case of the Town of Geneva vs Gas company nt Portland yesteiday noon. The jury was empanelled within an •.our and the hearing of evidence began immediately. It is believed that the case can be completed this week unless some unforseen delay should come up. —o— Sttate vs Edward Touhey, assault and battery with intent to kill, bond fixed at <SOO. The paternity suit of the State ex rel Nellas Myers v< Harley Smith, was decided in the Jay circuit court yesterday, the plaintiff being given a judgment of <350. Smith has some property, but refused to pay and went to jail. The case was filed here about a year ago, and was taken to Portland on change of venue. Miss Myers gave her child to the Winter family and has not lieen caring for it. In giving his’* decision Judge Lafolletta said he made the judgment <l5O less than he thought it should be for that reason. The defendant is a son of Barclay Smith. — Q I ■! May Harshman vs Jesse Chapman complaint for breach of promise. Judge Erwin rendered a decision for the plaintiff in the sum of <SOO. TO HEAR CASE Judge Erwin Appointed in Fort Waynt Gas Ca'*. This afternoon in the circuit court Attorneys Breen and Morris, representing Paul E. Wolf in the suit against the Fort Wayne Gas company, presented a motion for a change of venue from the presiding judge, and Judge O'Rourke appointed Judge Erwin, of Adams county. A few days ago on a demurrer to the answer Judge O'Rourke held Jlbat the Gas coin piny under its latest contract with the city had the right to shut off gas from manufactories and gas engines. Wolf seeKs to preserve the supply for his gas engine if possible. — Fort Wayne News. HAD A FIRE Well Known Bluffton Lady Had Peculiar Experience. Mrs D. E. Studabaker had a thrilling experience Saturday after noon with a bottle of liquid stove polish. The liquid caught fire and the bottle fell blazing to the floor. Mrs. Studabaker threw water on it and this caused the fire to spread more rapidly. The hired men came in to take a hand in the fight with the flames and he caught fire from the stuff. Mrs. Studabaker extinguished the blaze that threatened him with her apron. The stuff seemed to have something resembling gasoline in its composition and burned with great fierceness for a short time.—Bluffton Bunner.

SUES FOR FEES Huntington Lawyers Asks Pay From Their Client. Ix»sh Ixish have filed in circuit ■ court at Huntington a complaint of | more than usual interest in that it discloses some facts which are of genuine news to the public. The complaint is entitled Lesh & Leah vs Dora M. Hamilton and is in two paragraphs. The first three paragraphs recites that soon after the wreck of the Purdue special on the Big Four railroad near Indianap ills in which Jay O. Hamilton, son of Mrs. Hamilton, was killed, in October, 1903, the plaintiffs were em ployed as attorneys to recover from the railroad for the death of Jay. then, seventeen years old. They 1 recovered <I.OOO from the Big Four and were to have received one . third of the amount recovered but Mrs. Hamilton has never paid) l them. WAS SCALDED I ' I Walter Wilkerson Met With Accident I I I I Fell With Bucket of Boiling Water in His i Hand—lnjuries Are Not Serious. Walter, the fourteen year old son I of Mr. and Mrs. Harry Wilkenson,’ who reside on West Monroe street, | had the mi fortune this morning to scald himself in a frightful manner, as the result of which, he is suffer ing untold agony. Walter got up this morning, and as usual started to do his morning’s work of feeding the chickens, which necessitated the use of hot water to thaw the feed. I He had out water on the stove and when it reached the boiling point j emptied the same into a bucket and started for the chicken park, and while going to the same his foot I slipped on a piece of ice. throwing him down and causing the bucket of scalding water to fall on his left ’ hand, neck and ear, burning the members in a frightful manner. Dr. J. S. Coverdale was immedi ately summoned and in a few min- , utes gave the boys' injuries prompt attention. The skin was completely | burned from the hack of his hand i and from his neck. His ear reoeiv- i cd the least injui*v. Although the'e . is nothing serous in the burns, still | Walter is suffering muoh pain and j will be forced to stay in the house i for several days. COMMITS SUICIDE I Sheldon Min Shoots tlimsef at Fort Slow, N. Y. Sheldon, Ind., Jan. 16.—Mrs. Ceia Mills received word today that her husband, late sergeant in oomptny B Eighth infantry, committed suicide at Flirt Slocum, near New York City, on December 26. Sergeant Mills had just secured his dis charge from the army when he shot himself. There had been trouble between Charles Mills and his wife ‘ and several years ago they separated, and be enlisted in the regular army. List October ne was homo on a furlough and a reonciliation was effected, the couple agreeing to live together again after his discharge. The cause of his suicide is not known, as be was supposed to be in good spirits over the forthcoming reunion with his wife. Besides his wife, the othei surviving relatives of Mills are his father, L. j B Mills, a farmer living near Fort’ Wayne, and an aunt, Mrs. Rose ■ Murray, of Ossian. Mrs. Mills was formerly Miss Celia Farrell, of Sheldon.

XUMBER 5

PEDRO PARTY To Be Given Thursday Evening C. Y. M c. Club Will Entertain Their Friends— Cards and Dancing. Next Thursday evening the C. Y. M. C. club will give a pedro party at their club rooms in the Studabiker block. The memtiers are v orkieng hard and expect to make this occasion one of the lending social events of the season. The rooms are being neatly decorated anil put into the best possible shape for this event.. A large number of tickets have already been sold and there is no doubt but that a large crowd will he present. The club have made their selection of prizes, which are handsome and expensive, and something that will make any one happy to win. After the contest a Innch will be served, after which the floor will be cleared and the room given over to the dancers. The affair will be great, and those who take advantage of it will be royally entertained. THE PROGRAM Euftrptans to Mett on Thursday Evening. Program for the Enterpean Fra- | termty meeting, to be held at the home of Miss Hattie Studabaker T mrsday evening, January 19th: i One minute talks ou Douzette, Soiiller and Ro»t Bonhcur. Miss ' Hattie Studabaker, Mrs D E Gregg, Mrs. D. D Hell r A uJO Piano—“Luerezia Borgia." Blanch I Carroll. Song—“lt is Bdt ’r to Laugh Than to he Sighing. “ Lucre- | zia B >rgia Josephine Niblick. Five minute essay on Douzette, , Mrs. Eli Myers. Song—' 111 Pray for Thee,” Lucia di Lamtnermoor, Lilah Huffman. Piano—“ Lucia di 1 L'lnimermoor", Francis Merryman. Studies and reviews. Poetry. Five minute essay on Schiller, Mrs. D. iE. Studebaker. Readings from “William Tell,'' Schiller, Agnes Schrock, Mrs. Floyd Brittson. I Painting. Essay on B mheur, Mrs. I Kenyon. Art Characteristics, Carrie Craig. Descriptions of Paintlings, Mrs. Nachtrieb. ELECT OFFICERS -Vi Ent i N ms (lib Reedy For Year's Work and Pkasurt. The Entre Nous club mot last evening at their rooms and elected I officers for the ensuing vear, who i will have charge and control over ' all the business interests of the club. Calvin Peterson was elected president ;O. Godfrey Bell, vice president; Arthur Hall, secretary; Bruce ; Christen, treasurer and Orval Harruff, Hugh Hite. Fred Bill and O. 'Godfrey Bell us committee on entertainment, who will hove charge of the informal dances and other social events the club may see fit to give. After the election of oil! cars True Fristoe and God- cy Bell were initiated into the mysteries of this organization and were given ; the full work to such an extent that neither of tin candid ir a h ive been seen yet today. Nevertheless the boys took the degree work well and are now full fl'dged members of this up t ditto club.