Daily Democrat, Volume 3, Number 39, Decatur, Adams County, 25 February 1905 — Page 1

VOLUME 111

KNOFF CASE DISMISSED Clem Knoff Acquitted in Mayor's Court

ANOTHER TRY Affidavit and Information Filed in Circuit Court Pr.secutor Moran Proposes to Take the Case Before a Ct art and Jury. Tai oiw of the st of Indiana against Clem Knoff. charged with assault and batter v with intent to kill one Dee Jackson, was heard this morning in Mayor Coffee s court, change of venue having lieen taken from 'Squire Smith, where the case was originally tiled. The case was I hotly contested on both sides. Jo hn C. Moran representing the state and L. C- Devons repre ent'ng the defense, and all legal questions were quickly settled The state used four witnesses, who testified as to the relative merits of the case, and telling what actua’ly toik | place on the day of the alleged as sault, all'olearly and emphatically stating that Knoff struck Jackson io the head with an ax and ren dered him unconscious for two ; hours The defense offered no . evidence, asking for a dismissal of the case after the state had offered her evidence in chief. The ma yor after pondering over the case a few m iments stated that in so far as he could determine, the defendant, Clem Knoff, hud committed no assault, but was merely acting in de tense of his own property, which the law allowed him to do, and that he would acquit the defendant, and he was accordinlgy discharged from . custody. This case is no doubt well remembered by our readers, and at the time caused considerable comment, and argn ment as t) the rights and wrongs of the case. From the evidence, however, it seems that young Jack son and Weimer had gone to the home’of Knoff at the solicitation of thHr grandmother, in whose home Knoff resided, to remove t ie doorsand windows from the house, in order to freeze Knoff and bis family out. whom the witness claimed was unlawfully retaining the same, and while at this work, Clem Knoff and his brother, Ralph, rushed from tLe house and assisted the young men. Knoff. however, having prior to this time ordered the men from the premises. Taat during this mel«e Clem Knoff usings short handled ax struck Jackson with all his strength, the blow falling on Jackson’s, right temple, rendering tim unoons"i ms for several hours and that he lay in lied for several weeks, nursing bis injuries, stating further that Dr. J. M. Miller had waited on him and advised him that the blow had crushed the outer skull. The defense using no evidence, this testimony stood, and the court acquitted. Prosecutor Moran, however, thi« afternoon, filed an nffl lavit and information in tho circuit court charging Knoff with assault and ■battery with intent to kill, the same being signed by the injured party, D n Jackson. anl Knoff av'.l now be compelled to tight his ‘..r before a jury. ~ ..

The Daily Democrat.

IT IS GOOD Faust bill be Played at the Bosse Opera House. The Libadie Faust Co. entertain •si a large audience at the Grand I last night ami delighted them with I a strong presentation of that oelei brated play. Mr Labadie’s ooncep tion of the part of Mephisto was in Iteresting inovation on the usual in | terpretation of the part. Much cf the monotony of the scene was relieved by the it troduction of some very clever comedy work with Dame Martha. Able support was given Mr. Labadie by Mary Von Trcnip Labadie as Marguerite. Her voice is very good and her manner artistic. The scenery was exceptionally tine the Brocken scene being excellent—Peoria, (Ill.) Times THE STATE RESTS Evidence Completed in Sanderson Murder Case One of the Defendants Released That He Mifjht Testify for the State. The state have submitted all of their testimony in the Sanderson | murder trial, which has been in progress in the Wells circuit court since Monday. Their evidence was concluded at a late hour yesterday afternoon. S ime sensations occurred daring the progress of the trial, among which was the release of Samuel Emery, one of the defendants This release was made j in order that he might testify in tho case, and then the spectators’ were greatly disappointed, liecause ) his testimony failed to strengthen the case so far as the state was concerned. Another sensation was the attempt of two Jeffersonv lie prisoners, who wore brought there to testify in the case, in try ing to break jail, but were detected be- I fore they gained their liberty Court adjourned yesterday after- I noon until Monday morning, and this vacation will refresh and in vigor ate the attorneys on both sides, and they will enter the case expecting to Complete it by the end of next week. The evidence so far indicates a good case so far as the state is concerned. The defense may have something up their sleeves which will change the aspect of things. YELLOW STONE PRAK Lecture by A. B Davidson at M E Church February 28. “The lecture was well delivered and showed close observation of. nature's wonders and very careful preparation. It is pleasing, instructive and eloquent."—Rev. Albert Hurlstone, D. D., Pastor., Trinity M. E. onurch, Now Albany, I In i.

DECATU'I, INDIANA. SATURDAY EVENING, FEBRUARY 25. 1905.

AN EVENING Ma(lcv Hlfth School Erjov a Sled Ride and Lots of Fun. The Magley High school Thursday evening drove to the homo of Mr. and Mrs. C. L. Brentlinger's ■in Kirkland township They were accomi>anie<l by their teachers, Miss Mid well Case ami Mr A. L. Bn-ntlinger; also by Mrs Brenti linger. Misses Martin and Schneider. The evening was sjtent in playing games, music and literary exercises ending in an old fashioned taffy pulling It was at a very late hour that the jolly crowd of young folks drove back to Magley. all having ’ voted their thanks to Mr. and Mrs. Brentiinger and to the driv< r, Mr Fruchte. WINDOW DISPLAY Cigars to Burn at Fristoe's Smoke House The George Walton Cigar Having an Inning Among Deaatur Smokers Today. Tac display window at Fristoe’s Smoke House is causing considerable attention today, owing to the artistic work there displayed. The display is merely for advertising purposes and was placed in by H. A. Richeson of Elwood, who represents R. B. Cowlds Co., a cigar jobbing firm who are exclusive agents for the state of Indiana for the “George Walton" cigar. Mr. Richeson worked all day yesterday on this display and stated tnat when he came he bad no definite idea of what he would construct or how, as the general run of display windows differ in size and he is unahle to follow any definite plan and must make his own designs, which show great originality. The display is one of the prettiest that was ever set up in our city and sp *aks high ly for this Elwood firm as adverti sirs and Mr Fristoe may conaidt r himself that he is handling this exclusive brand. Mr. Richeson acts in the capacity of book keeper for this firm ami is not a window dress.>r bz trade. but this particular display brands him among the leaders in this line. The display will be in this wi idow for a month and anyone desiring may take a look at it as it costs nothing. Mr. Richeson returned to El I wood last evening.

MAKES PICTURES Charles Ross Working In The Hub Show Window. The Hub, B. Kalver Sons, Decatur’s progressive clot’iier have con tracted w‘th Charles Ross, the artist to furnish a life-size portrait of any one so desiring for the cost of the material alone, which amounts to ninety-eight cents. This portrait can be secured by going into the store and making arrangements with the management of the store and leaving their order. They have placed the artist in their display window, where he does the work in full view of the public in general. A large crowd was gatherd about the window all day eagerly watching every move of the artist and noting tho effect of his work on the canvass This offer Mr Kilver stated to us wo.ild no doubt last for one month.

THE LEGISLATURE Montpelier Wants to Sell Her Municipal Plant Sunday Bast Ball was Defeated and the Governor Gives Indianapolis Track Elevation. The Indianapolis track elevation i bill has now passed both houses of I the legislature and will go to Govi ernor Hatily for his signature. The senate bill passed the house this afternoon by a vote of 85 to 0. By a vote of 69 to 1$ the amendment to the bill for agricultural ex--1 iieriments. which provided for the deduction of the funds from the Purdue university treasury after a jteriod of two years, was defeated. Mr Shively, of St. Joseph, made an effort to rescue from defeat engrossed senate bill No. 238, Steph •nsoo'B bill, providing for a ♦ 1,000 instead of a |7OO mortgage exemption, and making it applicable to personal projerty as well as real estate. The bill was defeated. • The committee on morals of the house rejiorted ‘'avorably on engrossed senate bill No. 274, the “blind tiger" bill, making the pi»s session of liquor on the premises and a government license without a state license prinia facia evidence of violation of state law. The ways and means committee of the Indiana house through i‘s chairman. Mr. Sayre, introduced a bill transferring the sinking fund levy - f 3 cents to the general fund for the years 1905, 1906 and 1907, and providing for its restoration to the sinking fund in 1908 anil 1909. The Rnick bill, to repeal the Sunday base ball law, was defeated in the h ouse, when it came up on third reading, as a special order, at 11 o'clock. The vote was extremely close, and was taken amid great excitement Great crowds picked the galleries and the side lines during the roll call. At the end of the roll call the vote was 43 to 42 in favor of the bill. Then members began to change their votes and others who were outside during the cull came in. With their votes, the final result was 44 ayes to 48 noes, and the b'll was killed. Officials of a number of small citiAs in Indiana are attending the sessions of the house to urge the passage of senate bill NoJ3OI, in troduoed by Senator Powell. The purple of the bill, they say, is to enable cities to untangle their fl nancial difficulties and dispose of municipal light and water plants, where these plants are such a burden tnat the cities cannot carry them. Tho citizens of Montpelier are particularly interested in the passage nf such a measure and want it to carry an emergency clause.

Catarrhal Fever Donald, the seventeen months’ old son of Mr. and Mrs. Fred Avery, who reside in the south part ol the city, died this morning, after an illness of several months’ duration, death resulting from catarrhal fever. The funeral services will be held Sunday afternoon at two o’clock at the Evangelical church, Rev. Haist officiating, and interment will be made in the Decatur cemetery.

WHILE VISITING Mrs. Elizabeth Klniz Dkd After Few Dais Illness Mrs. Elizabeth Kintz aged ninety years, nine months and eleven days, died this morning at the home of her son, Edward Kintz, who resides one mile west of this city, at three o'clock, after an illness of only one day, death coming from old age. Mrs. Kintz came to this city several weeks ago from Tifflin, (> , and was meiely making a visit with her son, when death overtook her. She was born in Pennsylvania in 1815, in Moreland county, where she has | since resided,Jiving with i.er son 1 since the death of her husband. , The remains will be shipp 'd Mmday morning over the Erie railroad to Tiffin, where the funeral services will be held Wednesday and inter ment made in the family burial lot. A WEDDING Two Oecaturites Agree to Love, Honor and Obey Jesse Butler and Miss Anna Tester Were Married This After* noon. This afternoon at 4 o’clo.k at the home of Mr. and Mrs. Jacob Tester, who reside in tne south part of the city occurred the wedding of their beautiful and accomplished duugh ter, Miss Anna Taster to Jesse Butler, the oldest son of Sheriff Albert Butler and wife. The cere mony was performed by Rev. Mo Cartby, of Hoagland, and only in the presence of the immediate rela tives of the contracting parties, and the ring service being used, which was quite simple, out impressive. The happy young couple will remain in this city until M inday vis iting with their respective relatives, when they will depart for Fort Wayne, where they expect to make their future home, which is already furnished and ready for housekeep ing, their future address being 1120 Thomas street, where they will he at home to their many friends after next week. Mr. Butler is at present engag 'd in the railroading business and bis headquarters are at Fort Wayne, he being in tho employ of the Grand Rapids railway. The wedding was kept most secret and only leaked cu at the last moment. The Democrat joins in with their many other friends wishing them a lontr and happy married life.

LARGE CROWD Miss Hershey Given a Warm Welcome Last Night. A large crowd was present last evening at the Presbyetnan church to hear Miss Zeola Hershey, of Bluffton, Ina., render ’Mrs. Wiggs of the Cabbage Patch,’’ and those who attended well received their money's worth, as she thoroughly entertained the large crowd for an hour and a half. Miss Hershey has a remarkable magnetism, a strong mind and a vivid limagina tion, which appeals to any audience, and above all a charming stage presence, and her ability to imper senate a wide variety of characters, held her audience spellbound. There is no doubt but that Miss Hershey is the best in this line that ever appeared before a Decatur audience, and should she ever return here again will l»e greeted by a much l .rgcr h ussj.

NUMBER 39

CIRCUIT COURT I Rather Quiet Around the Temple of Justice The Koenemann Railroad Case Venued lo lhe Superior Court of , Allen County- • Ihe motion to make tin re specific the complaint i the of Z ra Lewellen and Wilfred Smith vs ( hinago and Elie railroad, was overruled. Time allowed during the term tor the filing of a separate demurrer to each paragraph of complaint. . —o— John 8. Bowers vs Geneva C. and Charles D. Murray, was dismissed and costs paid. —o— A motion was filed in the Henning case, the motion coming from the assignee, to strike out applica tion of creditors as to life insurance policy. —o— In the case of Henry Koenneman vs the Grand Rapids railway company, the defendants asked for a change of venue, and the case was sent to the superior court of Allen county. Ten days’ time was given the clerk to make transcript in the case and forward same to the Allen county superior court. —o - David E Smith assignee for John B. Stoneburner, made a partial report which carried with it a'distribution among the creditors of thrity per cent payment on claims filed. Joe Hooker plead guilty to a grand jury indictment for selling intoxicationg liquors without a license, and was fined |25 by the court. The case had previously been set fo r trial March 3. —o— Prosecutor Moran is busy issuing s.ibpoenaes for the state cases, that are vocketed for March 3, next Friday. I’he list includes Gus Hendricks for assault and battery. Samuel Sprunger, Moritz Ehrsam, Geo Nichols, John M. Andrews, Joseph Hocker, and Jacob Hunsick er for selling liquor without license. Two other cases against George Nichols and J ihn M Andrews for keeping gaming device. —o — Prosecutor Moian filed an affidavit and information against Clem Knoff foi assault and battery with intent to kill. The affidavit was signed by the Dee Jackson, the prosecuting witness. SUNDAY SERVICES. Christian Church. At the cluse of the service last evening Re v Legg announced the following subject This evening, “A dozen kinds of Christians," Sunday morning, “What is the Christian Church? ” Sunday even ng, “The Bible, the Book that God Endorses. ’’ The streets were in a sloppy condition last evening, but there was a distinct increase in the attendance, ana the largest audience of the entire scries was pres ent Rev. Legg preached a most helpful sermon to those who desire to lead the Christian life, brushing away many obstructions and p >int ing out the infallibly safe course. Accessions every service is the rule now, and last night was no exception. Evangelical. Services at the Evangelical church tomorrow as follows: Sunday school 91:5; preaching by pastor at 10:30 a. m. and 7p. m.; Young Peoples’ meeting at 6. Services this evening and each evening next week. The interest i« cnoff. thpserI vices help.A. B. Haist, PiStor.