Daily Democrat, Volume 3, Number 51, Decatur, Adams County, 11 March 1905 — Page 1

VOLUME 111

SUIT FILED AGAINST COFFEE Ex-Trustee and Bondsmen Hade Defendants

SERIOUS CHARGES I Sum of Ten Thousand Dollars is Demanded Case is Brought by Trustee Hite and the Township Advlson Board—Was Filed Io Circuit Court Today. iAn eleven page typewritten complaint was filed in the Adams circuit court thia morning entitled The state of Indiana ex rel Wash ingtun township, Adams county, £ Indiana, Henry Hite township tr.istee and John Hessler, E Homer Faust and John Meyer constituting the tiwnship advisory B >ard of township, Adams Bounty, Indiana vs Timothy 8. Coffee, Rufus K. Allison, William H Niblick, George Tricker. Jore Uriah R Coffee, Elmer Johnson, Irvin Brandyberry, Elias Crist, Complaint on bond demand 110000. The complaint relates that in Nov •mlier 1900 Timothy S. Coffee was dulv elected trustee of Washington township and during said month tiled his bond in the sum of <2OOOO bearing the signature of the other defendants in this case for the faithful performance of his duties and that he would pay over to his ■ucoessors and account for all mon ias that might come into his hands; that "said Coffee continued to serve as trustee until January 1, 1905; that during his term said Coffee received from the various funds <ll, 000 as follows: In township fund, <4500; tuition fund, <1000; special •2hool fund, <2000; road fund, <l,090; additional roid fund, <2000; dog fund, <SOO. Henry Hite was elected and qualified as Mr. Coffee’s successor last fall, and his term of office began January 1, 1905, and the complaint alleges that ever since that date Mr. Hite has been and is still acting as trustee; that said Coffee has not piid over to him any part of said sums and that said Coffee has not in any way paid out or expended or accounted for said sums of money according to law but has held the same and converted 1 ! same to his own use. On March 8, 1905, the plaintiffs herein demanded of Coffee that he pay over to and account to said Hite the sums of money then in his hands and belonging to said township but said Coffee and the other defendants have failed to pay or account for same. The Cimplaint, further states that there is due th* township the sum of <IO,OOO with ten per cent damages and judgment for that sum is demand ed. A second paragraph of the complaint allege?, that Coffee while acting as such trustee expended large sums of money be longing to the several funds of the township upon illegal and unlawful debts which were contracted bv Mr. Coffee without any author tty of law, which amounts are shown in an itemized statement attached to complaint, that dur-

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ing his term of office Mr. Coffee paid out of the various funds the following amounts, from township funds : <3500; special school fund, <3500; road fund <1000; additional road fund, <2OOO. A copy of Mr. Coffees bond is attached to the complaint as exhibit "A” and ! a statement of the illegal orders as exhibit “B". The total amount ts illegal orders as set out in the exhibit ”B.“ is <8807.48. The summons is made returnable March 23. BOUND OVER Otto Daniels Mast Answer In Circuit Coart Otto Daniels who was arn-sted last Sunday at Toledo, Ohio by Sheriff Butler and Marshal Green on a most serious charge filed by Bessie Chronister was given a hearing this morning iu ‘Squire J. H. Smith's court on the paternal charge and was bound over to the Adams Circuit court in the sum of three hundred dollars where the case will be heard. His bond was signed by his father. CIRCUIT COURT Mrs. Osborne Granted Divorce and Alimony Foar New Cases Filed Against Berne Canning Company-Shlmp Divorce Case Heard The final story of the Osborne family troubles which have landed I Joe in prison for life was written ; this morning when Judge Erwin 'granted Laura Osborne a divorce, <IOOO alimony, the custody of the children. Dale and Wayne. The trial occupied but a few moments only three witnesses being examined. —o— Four more mechanic lien oases were filed against the Berne Canning Company this morning by Attorney F. M. Cottrell, the plaintiffs being Berne Grain & Hay Company, demand, John Walker demand, Berne Electric L’ght Company, demand, Arnold Ashlenian and E. C. Jory, demand. Samuel Hurless et al vs T. A. Hendricks .demurer filed. —o— Peter C- Miller vs Charles A. Hunter, motion to strike out interogatories sustained in part and overruled in part. The evidence in the divorce case of Constance C. Shimp vs Valentine Slump was heard this morning and Judge Erwin has same under advisement. —o— The case against Johnson and Touhey has been assigned for trial to Judge Ed O’Rouke of Fort Wayne who sent word this morning that he would be here Monday morning ready for same.

DECATUH, INDIANA, SATURDAY EVENING, MARCH 11. 1905.

MORE DOPE Report Current Again Concerning Salt of Clover Ltaf. Tile report that tho Clover Leaf railroad is to ba sold to the B & O. If there is any foundation for the rumor it mean* that th* Pennsylvania is simply aiming to g*ri in on the ground floor in so far as the final control of leading railroad property is concerned. It has lnn<? been Common talk that the R AO. desires an entrance to Toledo and that it has to secure terminals by building its own line or by purchase. The buying of the Clover Leaf crosses the B & O. forty-two miles southwest of Toledo. and from that point has a straight line west to Chicago. If the plans should be carried out it would give Toledo another Chicago line of about the same mileage us the Wabash and the Lake Shore.—lndianapolis Star. willlonate Shakespeare Club Members to Help Library Club Held Important Session and Arranged Their Line of Work for Next Year. The Ladies Shapkespeare Club met in extra session Thursday night, at the home of Mrs. Morrison. Business of importance was discussed. The line of work for next year was decided upon, and tho committees appointed. The Second and third parts of Henry VI, in Shakespeare's English Historical plays are to be studied during September and October, then for fifteen weeks. Famous women and their contemporaneous times are to be studied, beginning with Bible times. Following will be nine weeks, on social problems and current events. The committees are as follows: On Shakespeare Mesdames Moltz, Niblick, Allison ; Famous Women, Mesdames Hooper, Holloway, Crabbs and Nsohtrieb. Social Problems and Current Topics, Mesdames Blossom, Patterson and Darwin. It was noted that instead of publishing a year book *t the end of the study year, each lady give one dollar towards the new public Library which will make <2l They also voted to give a social towards the Library fund which will be held at Senator Tyndall's in the near future, the exact date not yet determined. It is hoped that other organizations in the city will also see their way to do something for the library. It is a public enterprise in which evexy individual should bo interested and feel that it is his library. DEATH CAME Ten Year Old Son of Louis Andrews Died of Pneumonia. Lawrence Andrews the ten year old son of Mr. and Mrs. Louis Andrews who reside five miles south west of this city died yesterday afternoon at two o’clock after an illness lasting five weeks death resulting from catarrhal pneumonia, the result of contracting a heavy cold . The funeral services will beheld Monday afternoon at the house and interment will be made in the Riy cemetery, east o f Monroe.

SUES CITY Mrs. Cramer Demands Five Thousand Dollars Fell on First Street Last Fall and Fractured Her Hip-Making Her Cripple For Life. Mrs. Sarah Cramer wants the city of Decatur to pay her the sum of <s,ooojmdjthrough her attorney, C. J. Latz this'morning filed 'suit in circuit court to that effect*~The complaint is in two'paragraphs, the first alleging’’that on the twelveth day of Angust, last Mrs. Cramer a lady eighty years of age was walxing along the east side of north First street when the’Jsjde walk broke down, allowing the loose boards to strike her feet in such a manner that she was thrown down with great violence, fracturing her hip and bruising’and crushing her limbs and body that since that day she has beenjeonfined to her bed and by reason whereof she will be permanently crippled, that she has been Compelled to expend for phyiscians and surgeons, <400; for medicine and appliances <4OO for nurse, hire and attention <4OO. j The complaint alleges the accident occurred on account of the dangerous, unsafe and weak condition of the side walk which had been constructed over ten year and the city knew of this unsafe oondition, that Mrs. Cramer’s injuries were received without any fault or negliganoe on her p art. The second paagraph tells the same story in a slightly different manner and demands judgement for <5,000 and all other proper relief. Mrs. Cramer has been demanding a settlement from the council offering to settle for <I2OO but no compromise could be effected. STRONG IN BOTH Robert Downing Is a Star In Tradgedy ana Comedy. "Toodles "the new production that the eminent actor Mr. Rolert Downing will present here at the Bosse opera house on the night of Tuesuday March 14 v uilt on the same plan as "The Old Homestead "Shores Acres" it is full comedy and pathos strong and interesting plot, highly dramatic, puie in tone and every character is natural and well drawn. The part of "Timothy Toodles as played by Mr Downing shows this eminent actor in comedy and those who have had the pleasure of seeing this performance suy that is a question which he is the stronger , tragedy or comedy. In connection with this delightful play, Mr Downingwill also give his great performance of "The Gladiator" a part he has played fur over 3500 times, so you will have an opportunity that night to see him in Comedy and tragedy. Special scenery, handsome and appropriate costumes and original music will be features of this superb hill HAS RETURNED Miss Myrtle Emory to Open Dress Making Shop. • _ We aro requested to state that Miss Myrtle Emery returned home last evening from Flora, Indiana, where she has been visiting Mr. and Mrs. Ell Presho for some time and that she will open a dress making shop here on April Ist.

MARRIAGE LAWS He Who Wants a Marriage License Must be Sober, Strong and Right. Th<- Adams county man or woman contemplating a June wedding will have to read up on Indiana law as it stands since adjournment of the legislature. If you hurry, you cun get married before the new provisions go into effect, but after May 1, look out! The bill which was signed by Governor Hanley and is now a law—is a combination of Senator Smith’s bill and Representative Boyd's bill. The bill has no emergency clause and will not take effect until about May. 1 when the acts will be published. It i* much less stringent than many proposed measures considered by the legislature, but is not nearly so lax as the present law. Applicants for license shall set out their parent's names, color, occupation, birthplace, residence and ages whether the marriage contemplated is the first, second or other marriage. Records of this shall be kept by the clerk. No license shall be issued where either of the parties is an imbecie, epileptic or of unsound mind, nor to any male person who has been an inmate of a poor asylum|within five yehrs unless it is shown that applicant is able to support a family. Nc license shall be issued when one of the party is afflicted with an incurable transmisable disease or at the time of application is under the influence of intoxicating liquor. In case a clerk shall refuse to issue the license he shall certify the fact to the circuit court ana the judge of that court shall at the earliest practicable time hear evidence on the question of issuing a license and affirm or reverse the decision of the clerk. If a couple to avoid the provisions of the Indiana law go into another state to be married, it is provided that the marriage shall be declared void on their return unless they all have taken up a bona fide residence in the state where married. fbe penalties provided are a miximum fine of <SOO, for whoever procures the issuanoe of a license by false statement, and a fine in the same sum for any presons who ha ve not compiled with provisions of th? act. Any clerk violating the law shall forfeit any amount that a jury may decide and a docket fee of <2O is provided for prosecuting attorneys for the prosecution of such oases. OPEN SOON Mill nery Stores will not Walt for Easter Trade. The milinerv stores in Decatur and elsewhere will not wait for Easter this year to give their openings as is the usual custom for the calender shows it too late. Easter may come as early as March 22 or as late as April 25. This year the feast falls on April 23. Only once since 1786 has the festival occurred on April 25. That was in 1886. In the year 20°0 East er will fall on April 23, being the latest date of the festival between the date of < oming Eister and that of tle year 2011, when it will fall fall April 24. Taking the table as published in theßrkof Common Prayer, as a guide, it iis found that during the 227 years, between 1786 and 2013, Easter comes but once on its earliest possible date, March 22, and that occurred in the year 1818. In the years 1788 and 1856 the festival occurred on March 23. The period given in the prayer book table represents the time of the twelve circles of the moon. There is an impression that a late Easter means a late spring, or vice versa. But this assumption is not born out by the records of weather bureau, which show that several seasons in tho past few years, marked by early Easters, were oharaceriized by backward springs.

NUMBER 51

IN RETREAT Japs Now Occupy Muk-den-Great Victory Central Kuropatkin and What It Le't of Hit Army Are Marching Towards Safety. ST. PETERSBURG, March 11— 2:30 a. m.—" Last night all our armies commenced to retreat.” The greatest defeat in the history of the far eastern war was made known in St. Petersburg last night, but only in the foregoing eight words from General Kuropatkin to Emperor Nicholas. This brief message was flung about the streets in newspaper extras and it was passed from mouth to mouth. Two thoughts formed instantly in the minds of every ene, and two words were on every lip, "Surrjnder peace”; the former dreaded, the latter hojed for. General Kuropatkin is no _maker ot phrases; his words never are quoted like the famous "all i’ lost save honor,” but the laconic message hides more than probabaly any two other sentences in the lit erature of war. St. Petersburg knows nothing of the extent of the disaster, not even the lines of Kuropatpkin's retreat whether the route to Tie Pass is still open, whether he is endeavoring to out his way through to safety, or whether, as many jiessimists believe, he has tiken to tie mountains. If he has fled into the mountains, he will imvitably be hemmid in anl starved into surrender. TOKIO.JMarch IC—Fie’d Marshal Oyana telegraphs as follows under toiaysdate. "Weoxrapiei Mvkden at 10 o’oock this morn ng. "Our surrounding movement, in which we have been engaged for some days past, is now oompletelv succeeded. "The fiercest fighting continues at several places in the vicinity of Mukden. We captured a great n umber of prisoners, enormous [quantities of arms, ammunition, provisions and other war supplies. There is at present no time to investigaate the numbir of these. ” HOME FROM ARMY Arthur Shaw Completes His Service In Phllllplnes. Arthur E. Shaw arrived home this morning after three years service in the United States army as a member of Company L., eighteenth infantry. He spent twenty two months in the Phililpine Islands and says he has had plenty of it. He was discharged at Fort Leavenworth, Kansas on Thursday and oame directly home. He asys the islands are allright but the water trip was u long tedious and rough one. He will remain here.