Daily Democrat, Volume 3, Number 38, Decatur, Adams County, 24 February 1905 — Page 1

VOLUME 111

SUPREME COURT AFFIRMS Decision in the Osborne Case Handed Down

MUCH INTEREST The State Upheld at Every Point The Decissi->n Means That Joe Osborne Musi Serve a Life Sentence For Murder. The supreme court of Indiana in an opinion written by Judge L. J. Monks and concurred in by the court, w.ts h inded down from that tribunal Taursdiy afternoon. The deiision was of vast moment, espocia ly to one Joe Os iorne, because it sea's his fate and means that he will have to serve his sentence of life in the prison a M ichigan City Prosecutor Moran received a letter from the attorney-general’s office which stated that every contention advanced by the state, was upheld The morning < ispatches simply stated the fact that the case was affirmed. The offense committed by the defendant, Joe Osborne, was the murder of John Busenbark. his father in law, he ha :ng assau.ted him, breaking his jaw bone, mashing his nose, {and otherwise injuring him, from the effects of which he died the following day, September 1-3 Immediately after the Commisson of the crime Osborne came to town and gave himself up to the authorities. A speeial grand jury wt s cal ed and an in lictment tor murder was returned after a short session, 'he indictment being in six ctuntt each charging that on the eighth day of September Joe Osborne assaulted and beat to death his father-inlaw, John Bn senbirk Tni oi<e wis oilte l an I th * d ii'end in' arrtignel f»r trial D,-vm , ><’r 14. 1934. Judge Richard K. Frwii (ccupring the bene , Prosecutor M iran being assignu, in the prosecution of the case by I <Jlar<4 J. LUz T i"t was r«p-os oft si in co i r bv A'lorivys I) E S mtn anti I*. D. Heller. Tin

> — V WR-li Iwv % i fcOrr *MmZSk ; / £- ' . > W ' I v' / 1 JI ; '. IS 2jgk - JOE OSBORNE Wane sentence far life was approve! yesterday by the Supreme Court.

The Daily Democrat.

jurors who heard the evidence and rendered the v.-rdict were Tneodore Heerlnwer, (). J. Human Joseph L Ho<>k, J. I) (4 tub, George Keller, J sm’ Il >», James I) iff, Ernest D I'hran, (4 urge Ruck nan, Samuel J ''hill. V.rn >n P >ntins and Daniel Kitsott. Practically ten days were consumed in hearing evidence and arguments, the jury being charged at a late hour Thursday afternoon, December 23, and at 10:45 that n ght, Christmas eve, the jury re- 1 tinned their verdict f ir murder in • the second degree, and Kxing his, punishment at imprisonment fori life. A bill of exceptions was tiled and the case appealed ».) the supreme court, and their decision now upholds this court and affirms th' ir decision and findings. It is i , a vict <ry for the court, in that the ruling were with mt error and also a victory for those who rep- | resnnte I tie cla ms and dignity of tin state. There are many who believe that a lighter puiishment ' would have met all re ]Uirements, but good citizenship comes t trough obedience to law and the tribunals of our cou *ts of jus'ice This closes this so imwhat famous case, unlaw exeou'iv) clemency interferes and this is impro'Hble MUCH SICKNESS —— Many People Seriously 111 in Willshire Township. There is now a great neal of se- j rims si-kness in Willshire town ship, a number of cases having terminated fatally. Mrs. David Eicher, one and a half mi les east of the village, his been ill for a month of pneumonia. Mrs. Bobo, I wife of Dr. Bobo, is dangerously ill 'of stomach trouble and nervous affection, C. F. Cornell, the greoeryman is apparently nearing the end of life's journey as the result of bronchitis. Mrs James Chilcote, wife of the newly elected jus tioe of the |>eace, is suffering from a cancer of the stimich. Mrs. B i > Lh inion is recovering slowly from m> attack of typhoid fiver. l and J dson Cisj is poorly from i asth n i*in tr > i th’. Ton i«, b? :si l s, oonsid -r tble in li-m > .tion of a m >r ni' r . and un > lagri ppe. .—Van V r I’ m-s

DECATU’I, INDIANA, FRIDAY EVENING, FEBRUARY 24, 1905.

' FEW SUPERIORS Has Mr Harry Rot, Violinist, to Appear Here Soon. As a violinist Mr. Harry Ross has few superiors, he being an artist of rare ability. There are violinists who play th» works used hr Mr. Ross. but how many, indued, render them with the taste and re tinement of this sterling artis t His concept! m of the oimpiscr's works st imps him as a mist rein ikable performer, and his complete mastery of all the technical points of violin playing, together with the beautiful singing quality of the tone produced, renders his playing at on*e impressive and lasting. With Alexander Cinccit company at M E church. March 2nd. '

THE SICK Reports Gleaned From Many Sick Beds Mrs. John Welflev Quite 111 at Her Home East of the Cltv With Rheama'ism. The condition of E N. Tyrill, who is confined to his home and bed with asthma and a bad case of ‘ the lagrippe, is reported as being | unchanged today, he being no bet I ter or no worse. Tne two diseases crupled together makes a serious one and he is not as yet out of danger. Mrs. John Welfley, who resides east of this city, several miles, is reported in a serious condition, being stricken with rheumatism so that she is unable to walk, and having severe trouble with her heart. Miss Hicks, a trained nurse, arrived last evening from Fort Wayne, and will handle the patient until a change for the better is seen.

Mrs. Henry Bremerkamp, who was strick in with a severe case of t >mach trouble, yesterday morn ing. the result of which she almost passed away, is better today, and j her doctor. D. D. Clark, states that he thinks there is no itnmedi- I ate danger at present. Although | she may suffer a slight attack I again. She is being given the best of care and attention and her many friends hip? for a swift recovery. —:— The condition of Louis Holthouse, who has been suffering from lung I fever, for several weeks, is reported today as being some hotter, and a great improvement is noticeable. He rested well last night and appeared much brighter all day. He is still in a serious condition, ard every one is forbidden to enter his room except those who wait on him. This will no doubt prove on outraging news to his many friends, who have been eagerly awaiting some news for the better. Grandmother Gaffer, who suffered an attack of heart tronbl' a few days ago, is rep >rted today, as being some better. Her condition, however, is still serious, her old age and feebleness being against her. Mrs. Pater Gaffer, who stiff nod a severe attack of heart trouble, is in a m ist serious condition today, as she has contracted a severe case 'of pneumonia with it. Dr. S. D. B avers is waiting upon her, and is giving her all the medical aid possible. Mrs. Gaffer has not been feel ing well since her return from Arkansas several weeks ago, and the sudden change of climate may have brought on this attack.

IT WAS GREASED Vizard’s Macadam Road Bill Passed the House The Governor Vetoed the Bill to Legal ize Certain Macadam Road Proceedings ndianapolis, Ind . Feb. 23.—(Spe cinlj—House bill number sixty-five 'pissed the house this afternoon without opposition. It is a maoad am road bill and was introduced by Rcpresi nt.itive John W. Vizard, of Adams county. The provisions of the bill is for the relief of township | line roads, and permits their being built the same as extensions, they being petitioned for before the board of commissioners, and the oust taxed up equally between the two townships benefitted. The bill has many champions in the senate and it is the belief cf many that if will pass in that body of law m ikers, with the ease that it passed in the house. Inriianapolis, Ind., Feb. 23.—(Special) —Oa the ground that it was unconstitutional Governor Hanly today vetoed Senator Matthews' bill which sought to legalize* certain gravel road proceedings in Orange county and to validate the bonds issued for their construction COUNCIL MEETING

A Special Session of the City Uads Last Night New Water Ordinance Discussed Bui Not Yet Ready For Adoption. The city council met in a special session last evening and transacted a little business of importance. AU councilman were present, with th? exception of Gaffer and Kirsch. Mayor Coffee presided. A resoln- 1 | tion was offered and read, asking j that a new order be issued by the clerk to Emanuel Woods for sewer j work. The former order was drawn cn the general fund, when iit should have been drawn on the special sewer fund. Toe motion uarried, Teeple, Porter and Buhler voting aye and Fordyce nay. Teeple then made a motion to allow the City Trucking company the sum of $lO for unloading and delivering the new dynamo from the railroad to fche city plant. This motion received a unanimius vote and the clerk was instructed to draw up the order. The new water works ordinance was then taken upland discussed to some extent, but. could not be acted upon owing to tin absence of two of the committee and for the further reason that the city attorney has not yet completed the same. Upon motion tne question was tallied until the next meeting. Teeple then made a motion to adjourn, which carried.

THE EUTERPEANS The Nichlrltb H-mr Entertains This Popular Organization. Ihe Enterpenn club was treated tea meeting last evening at the home of Mrs W H. Nachtrieh on Winchester street that was out of the ordinary. It was a Martha Washington reception. The house was most beautifully decorated for the occasion and presented a pleasing ap|x*arance to the guests. A committee of four representing Martha Wagshingten, George Washington's wife and his two nieces dressed in colonial style received the guests in the reception room, while George N ichtrieb imjiersonating George Washington,; received guests at the door and in- ( formed them where to dispose of their wraps The four Washingtons then agve a burlesque charade, a performance without words, por traying the early life of the Washington family. Games of all kinds were indulged in. and music was furnished by the Variety Mandolin club. Refreshments were served in a dainty manner, and at alate hour the club adjourned voting the committee a success in the line of entertainment.

CIRCUIT COURT The News of the Adams Circuit Court The Janioz Casr Was Heard Today —The Charge Being Hunting on Sunday. Charles Latchem et al vs The South Bend Petroleum compiny the defendants ruled to answer absolute in ten davs. —<>— Louis A Henning, assignment, a motion was entered of record by the creditors, fer Etna Henning to produce certain insurance policies. —o—

Notice was received this raornirg from the clerk of the supreme court, giving official notice of the confirm ition of the Oiborne case, a decision of which was handed down by that tribunal yesterday. —o— The next criminal case to heard by the Adams circuit court, will be the Uollins ease, which isslated for trial next Monday. • —o — A divorce suit was filed by Attorney DeVoss, the same being entitled Cora Newport vs Edward Newport. Abandonment and drunkenness is charged. Summons was issued returnable Match 20. —o — The state case against Fred Jan loz was called this morning, the sumo being heard I y court and jury. The misdemeanor charged was hunting on Sunday. All forenoon was oonsum ed in hearing the evidence, this being concluded be fore the noon hour. The arguments lasted for about an hour and a half, and at three o’clock the jury retired to solve tne perplexities of the case and bring in a verdict. The attorneys in the case were Prosector Moran and L C. Duloss. —o— The cases of State vs Joseph and Wesley Laisure, Edward Urick, John Weimer, Freeman Alexander and James Hahn, was set for trial on the sixth Thursday of th? term, March 10. By agieemont of the parties the continuance was set aside. The charges against the defendants ia for assault and battery with it t mt to kill.

NUMBER

NARROW ESCAPE George Kinzle in an Erie Wreck A Broken Rill Causes Several Cars to Take a Header Down an Embankment. George Kinzle. suj erintendent of the Citizens Telephone company, returned home this morning from Chicago, where he was purchasing supplies for the company, and while on hi* way home hud a narrow escape from death/ boinx mix id up in a wreck on the Erie railroad just fifteen miles west of Rochester, Ind. The storv of the wreck is test told by George himself. The train left Chicago on time and was running along at a high rate of speed, its schedule calling for four stops between Chicago and this city. Everything had gone along smooth Iv until the train hid crossed the Tippecanoe river and had travelled just one half a mile east when the entire train commenced to tock, and heave and groan and at last completely turned over and lay on its side against a highembanknent along the track. At this stage the excitement stirted and everyone tried to get out of the wreckage at once, and for a while a genuine stampede occurred. At last all succeeded in getting out and the work of counting noses was oom tnenced to see if all could be accounted for. This work fell upon the conductor, who succeeded in acoountng for all. The brakeman had in the meantime gone back to i small station and telegraphed for the wreck train, which arrived in a few hours, and the work of clean ing up the debris was commenced When part of the wreck had been cleared away it was found that a broken rail had chum<l all the trouble and placed so many lives in jeopardy and derailing the entire train with the exception of the en gine and express car which passed over the defect in safety. The wreck train had brought three ooach°s along, and all the pisscngers were loaded on and the trip homeward commenced, the train arriving here six hours late. Mr. Kinzle says it was a very narrow escape for had the accident happened one-half mile further w *>t the ■ntire train wculd have plunged into the Tippecanoe river and the loss of life would h ive been great As it was not a person was injured, but all were more or less fright eied. The trainmen all state that the result of the wreck was a miracle, and they cannot account for the fact that no one was in jured. Two parties from Willshire were aboard the same train, but we were unable to learfl their names. W. 11. Liughrey, of Hammond, a cousin of H. A. Fristoe, was in the train and atpresent in the city, and has been kept busy today relating the experience. The damage done will reach into the thousands, as all the cars wore more or less injured and broken. Knights Celebrate The Knights of Pythias lodge last evening celebrated their forty first anniversary at t heir lodge roc ms, and from all reports was one of the most successful meet ings yet held by the Kekionga order. A full membership wa« present and a neat program hid been arranged by the committee, degree work bsing oonferered in the first second and third degrees, the team being arrayed in new paraphernalia and presented a pleasing appearance. Four new applications were presented and the lodge is now in the moat flourishing condition it has ever been in and will soon rank among lhe first when it comes to momlwrship.