Daily Democrat, Volume 4, Number 88, Decatur, Adams County, 27 March 1906 — Page 1

fOJjVME D

WESTON CASE WILL BE SHORT The State Rested at Noon in Weston Case

arguments tomorrow Hrs. Hoithouse on the Witness Stand Today Claims to Have Acted in Self Defense-Court Room Is Crowded. «l Teivgran* 10 Ths Damocrst Hnnroglon Ind.. March 27.—[ Th,? stat* rested at 11 I’ l this I | • - ■ g tn their m«e against i ~.,n W.-st >n, who t* charged ! with causitg the death oi R J | H »«.• Among the witnesses : 6 ,. it.-* morning «« Mr- Holt i, .. w p.. o 1 the murder'd mar. w. n-.titled as to the weight te-ght and habitt of her hatband. er I• ■«* ;mony the broke i*n and wept bitterly* J bn Banvan made the opening state wrt f r the d-fendant, saying tisit he would prove that he had acted tn self defense The first wit i n»«- ca ed was Sherman Stultz wh said that Weston's reputation for peace and qv’elude was good, but i n croat examination be ad nutted that Weston bad i>een ar rested often and on numerous charges Toe defense has only ateut a half doxen witnesses in eluding Weston himself and it i* I- • -I the evidence wi all be. to by thia evening. The state ha* a number <t j ruminent Decatur eit en* here to testify as" t M: Hilihme'a character, same i« •Mailed ty the defense The Deca I tar p jpie expect to return h nr •his evening. —— ——- Hunti- gtoq, Ind., March 27 — Utten court opened yesterday after •oon the court room was crowded with spectators who name to bear. •h» evidence and gaze with eyeof carlo it r. Mrs Holthouse occu pled a position ancar the prorecut or Near her sat her tnree son- | Mtl in a swinging cradle at tier side was the little four months oil baby, o 3 the other Hid<> sat ■Mg father, B J. Tcrveer, who was M’aya on the lookout to be of •attic assistance to his daughter Cistn Hoithouse a brother of the Useaa-id, sat near Mr Terveor and showed a deep interest tn the case. Ha the other side of the court room near bis counsel sat the <ie 'endant, B iston Weston, who had * pallid and eager look abrit him, in<l who seemed to take in every h ! of evidence that was introduced. He was neatly dressed in a black amt and wore a stand up collar < *od a black tie. It wee evident, 1 however to all of those who saw him that he was restless and 1 naturally afraid of the result that ” »are to fdlow. At 1 o’clock. < Promptly, court Ofßvened, with i •"'dge Branvan on the bench. C. I *' France was the first witness 1 n, ’d and told the story that is still i fr ”sh in the minds of our readers of I a t

The Daily Democrat.

I h *■ the accident and what brought it about. He was subjected to fierce cro** exatnlna turn by the defendants counsel, I ( J ibn Branyan, but stuck to hi* story well and never wavered a ' particle H« was followed by Dr C, V. Connell. D W Bwry wa« then called and substantiated the [ story as told by th mm* whom ho fol lowed. Charles N. Cirrswn was | the next witness anl told bi* story | tn a clear and concise manner. ( which *.*m d t > carry mu'h weight with the jury. L A Holthoase, [ the next witno.s, told of a non ver i *«ti >n he ha I with Mr. Gi*ss, the i proprietor f the livery t'able for whom West in was working Hran van subjected him to a very tedious examination but Could elicit noth-• i i ■lng from Mr Holtboue that would; javnettbe defense in any respect [it was then 5 o'clock and court; . adjourned until 9 o'clock this morning It Is evident from the jcross examination of the defense . that they w II endeavor to show that Holthon»e invited a quarrel 'and that Weston acted in self de Sense Al! of the evidence intro idured yesterday, however, tended to * now that W eaten had no prov location whatever tn striking the deceased The witnm**-* who the state used today were Karl Rteele, a rejwirter on the Herald, Duke i [ Bri kley. a reporter en the New* Don n'rat, to whom Weston made , icertain statements Fred Grappv I frieght conductor <m the Erid rail . rntd.F. H derman. night clerk at i I the Erie nstaursnt. William Riley , .policeman, Mr* R J. Hoithouse, • 1 IDr Thomas, l>r Costello, W P. |' I Schrock, A A Butler, M .1 Krohn Ttte entire sympathy of the public ■ in genera! at Huntington is with Mr* Hoithouse and her children. ' and the consensus of opinion la that the verdict rendered by the jury , will be guilty. ' HIGH WATER River It RaJliK <iod Adjacent Fields Under Water. From pre*sit appitrtnos* the high waters of two yetra ago are , [to be repeated thi* spring Ton , thawing of the saow and ice in th I last f»’V <fav* followed bv the heavy rilnfall ot yesterday and ls«t| [night, has raised the St Mary’s p river, to a high point. Already L : fields in the immediate vicinity ofl ( other heavy ruin will swell the ■ turbulent waters of the river to [, lan exceedingly btgn punt The' water is not high enough at pres , ent to do much damage except I close to the river The froxen ; c inditon of the ground prevent* j the water from soaking in ’* n,! i, ciusing it to stand on the fields BUSINESS DEAL I n W. L. Keller of Monroe Bayt His Broihers Interest In Store. < < Albert H. Killer and bro her, W 11 L.. the well known Monroe mer chats, have dissolved partnership, ( to take effect April 20. The former [ { will retire and will probably 10 . oate at Richmond W. L. K“ller * will continue the buxines* as sole owner and proprietor, and will, no doubt, continue to enjoy the i large pitronage which the store 1 has always known Elsewhere J may be found a notice of interest to' 1 those who owe the firm.

DECATUR, INDIANA, TUESDAY EVENING, MARUII 27, IWS.

NOT GOOD | Wtre Situ!llles of an Indianapolis Life Insurance Company. Indianapolis, March 27 —Owing to an opinion of Attorney General C. W. Miller. »omo of the Indiana life insurance companies will have to revise the list <f securities that they have on file in the auditol of stale's ofiioe. Tui» ruling was to the effect that commuted pre mium policy loans should n< t t* deposited n this cfllce a* part of the legal reserve required by law if such loans were in excess Os the reserve value of the policies in question Home of the ioca companiea in writing butane** aat ed pop.. t,«< back seven years so that the insured would get tin benefi* of the gtenngei age F<»r these seven years the compacted took the note of the insured, hr id Ing that note a* a hen against the policy in qu"stiun The companies , following thi* practice then deposit [ nd the note tn the auditor of state * ! office as |>arl to their legal reserv* Now the attorney genera: held that I while these note* were to bn accept nd by the auditor s oftloe if they were n t in excess of the reserve value, they are not to be accepted if they are in such excess And one Indiana company ba* a large part i of it* depo»it in the«<* > iiv»* Tb<>«e | an* are gradually being oleaned out of the office now by the c inptnte* in qw*ti«>n and dtff»r . ent ar.d trttrr recur ilte* *ub*u fined All this is leing done quiet Iv so Iba* the standing of the com i pany i* not jeoparded, m might be [if publicity was given Io the one [company n*|>ectal|y, Im name is n t being u*e«i COURT NEWS aiisliniiii ' ■-»—m Suit Filed to Recover Possession of Farm Two Ci«t ARair.st George Coeprr for Conducting Gambliug Hoose Other lietns. Attorney I*, re H Erwin ha< filed !a suit etfitted Charle* Passwater vs ■Valter Hake*, f r the p< n iof real estate and Site) damage* , Hoke* is a renter on Pasawater'a farm in Blue Cr-« k township and the latter want- phesettidon of said farm. Upon swern affidavit of Infor mnti in from Frank Mirch, l‘i>* eowti r Moran has* filed oases tn circuit c< art charging G> r.zo A Cooper of Geneva, with ounduottug a gambling room and uja rating a slot machine Warrant* were la sued returnable at once, the bond in the cases teirg fixed by the court at |r,oO. City of Decatur vs H G. Humph revs, on account, t.lO, defendant ruled to answer second paragraph cf complaint within five days tn the Abraham Rawley estate the property in inventory. !• «a than ♦SOO, was ordered »tt tff to the widow. A marriage license was issued to, Oliver E. King, an oil well driller of Rockford, Ohio, and Miss < ora M. Woodward *f Geneva Judge Erwin was at Huntington today as a witness in the Weston case and consequently this morn ing s session of court here was aj short one. In the case of Eli Merryman, ad mintetrator cf the Motile Lyons e» , tate, vs the City of Fort Wavne, [ tried in Allen county last week, the plaintiff was given a verdict for. ♦I,OOO. The suit was for 110,000.

! THEY ORGANIZE The Civic Improvement ! Society Committee Met Select Chairman and Work Will >gta ai Once -Garbage Committee Presents Their Plan. The varioti* committee* of ttte Civic Improvement sov-irty mat at the C<*mn*er<dal club ri«ma last ev • ntng for 'he pnrp •« of organuing for real wotk The enthusiasm manitested waa of the degree that assure* the future sn< e*« of the work undertaken Evert commit tee was represented, !a»t evening axoept the on* on buißO gt -and ' culture The chairmen of the var mis ommittfM'* as cho»en were a« fallows Btr*et«. alley* and side walks, John W Tyndall; gartage, D M Hensley; sanitation. Dr Mar n Holloway tree planting '»*. car R Huffman, public park* ant lawn* Rev II Tbso Wilken echiic-la, Arthur l» buttle* enter tainment. W L l*ebt*: eolt ire of s vacant Jot* Rev Luke sac < ry, Mr* T M R» 1 membership Mr* Vogh*. These commute will meet separately from now on and th* r*a! work of».leaning and te.autii v Ing a'ni will *<* n 14 on in earn eet Among the very important icommitted* • th? ore <>n*garbage, whoso dutv Is to devolve a plan ' i whereby ail wa*tn material* tr ay ' l*e temoved from private, and bmonesa prrn fits* Their (Man is tc [ have Mtns done three limes each wet-k and to do tbi* *< ma fund* ar* (.••iteesarv Every patriot! citizen ! should bo willing to do bi* |»*rt tn ibis bv sahscrtbtvg aur amount I from ten cents a week up A , 1 who will MM ■ 'und i should band their name and the amount they will 4ive Io D M [ Hensley at once flelp the » >cisty and you beautify your b<»me an>l 1 city and increase the health etan da rd An invitation ha« been looted to ’ all it beol children to j- m the ao ciely Their fee I* ten cent* a year To each, ten packages of flower wide wi tm given and a flower show will be held n< xt sum [ mer at the library at which time |pri»e» will le awanfed t those 11 who have made th* test »h wing ' fiorr throe de. Five prize* will ;be given PERJURED HERSELF Bat Grace Lyons will not be Prowcuted. 1 1 * This noun Ci’.v Att irnsy Guv iColsrick and Promvut r l»tn Nin Idle heia a c<jn«tdt'’t nin the cir cult court room relative t th* te»« i timeny of Grace Lyon* oihiaitti ■in the damage suit against the .tv •on Wednesday and Thu ■■ la» tin W ednesday Grace swore «as *■*- , nit married On Thursday the city presented her hushani in [court He says ht* name is Her l>ert Eshenfelder, and he married Grace in Frankfort, county asat of Clinton county, m 1903, when both were under age. Tae jurv gave Grace Lyons, or Echentelder, ♦ 1,000 damages for the death of her mother, Mollie Lwns, who fell from the Clinton street bridge and was killed After the clrcom ! stances reallive to the introduction 'of the teeliruony were discussed by 'the city attorney and the proaecut [ or. it was decided that no affi lavid [ would be filed against the young . woman at this time City Attor [neyGuy Colerick will, howe’er. appeal the case and ex poets to have it reversed. —Fort Wayne j News.

[ CUT IT OUT Dealers Will not Ship CltorttlM Into IMUm. The man who like# cigarettes I is going to have more trouble pro [curing them in the Mure than [he lia* had at any time sc far Since the p«s««ge ? the abii cigarette law tn Indiana, fteadtng and reputable tobacffu manufac taring firms will this week advise [ their customer* in Indiana, the 'retail dealer* tint thev will ship no more cigarette* mi this -tate Tit* reason for this stand on the part <>f the wl, is th* r* Ii . . still legal advice given them by their attorney* Th ** attorneys, ' lawyer* cf national reputation, hsve advised the t 'baoeonxst* that thev are verv ItStely Io get into !?• !;*■>;», it! Vie-* ■ ' !lte I n<fiw»a law*, and that if they wish to atf ! I iit.gaiti n they must di»r*ontinu* shipment* • ' cigarette* mtn in* state Th* big dealers figure that thev cannot ass rd t > injure their salts over cigarette* and while th* trade in the little paper »m ikettea !is enormous, they prefer I > lose it or make It up tn selling other farm* of toabcoo rather than a* 10m* any risk AM course Cigar cite* will continue to roll into the •tate tegardles* of the stand taken lit the wholesaler, nut th* ship meat* will I>* in very »mall quant: tics and it will fie hard to obtain OFF FOR WEST Dr. Ford and Party of Geneva People Leave Thirken la a OtloU Ptriy-Seme Will Ucale btbiih titer sa Hu Hiw. I ’ ■ Geneva Ind Mar n 2 —Dr ' Ford * party *•' Geneva pe> p 1 bound f r b utb Dakota. *ft bore this m< rtnlcg. e -®e to make tb*it * future bom* in that *ta<* and ' others simply for « little prospect ’ tog or p'easui* trip Anomg ttte 1 i memb**r* < t the party wer* A * i Ford, JOO Gzrltet. Rar bel Ford Will Hilton. G » k'ord. Elgsr j French. Clara Furd.H»rn*t French [ W E F rd Emanuel H - K y jjuday, F >yd bmith, Otto Haum igartner Dr. Ford ba» teen m ! .Wjuih Ital ta itevera time* and . wjlh thit ufilry I that be interested land tbu* party »* t srs Very farat*l** d w aad it u* a ■thsola \U'««n a 1 > • tow dit th will get cate Toe little ram > M.:r.! 1 y «t. !' M f” : > v ' ' ■ >L '* ff all the *now and even that little • [thaw raised the river some. H (this i.« the beginning the rainy Mason now we aieaare 1 get ours 1 CLIFF DWELLERS Dr. Geor|t L. Cole »t the Methcdtit Church Last The stereopticon lecture at the Methodist churob last evening, by Dr. George L Cole of Pasadena, California, was quite well attended land heartily enj yed Beautiful viwos of the Grand t’anyo*., and scenery of the southwest was giv en upon canvas. It was an enter taming lecture and thoroughly en joyed by those who saw [and beard it.

NUMBER 88

ANOTHER ASSAULT Made Upon Fred Rohrer of Berne I I II - — Plucky Anti-Saloon Leader Given a Severe Beating by Gearfc Nichob J Last Evening. I I I ■ ■ * 11. I I Fred R-obrcr, the plucky editor of th* Bertte Witnesa, whose fight against th* saloon- of that town ha* giv*n him a reputation s ver the entire stale, wi< again a»a*ultrd ia*l evening Fred wa» al Fort tn i Mandat h< ar Ju ige laFul 1 teite • deci*’ n >n the Ji p. r oases. H* returned hoaue < n the afternoon 'r»m and shorr.y afivrward <«»>.rge him tbs raanlt ' a* told tn today • W.tne** being a* follow* In the afternoon after Gr rg<- Nub< * -nd Fred K brer 1 were home from Portland, the fog • ' mer fi led u n bad whiskey and ' proceeded to tlw M itaes* office ti give the iati.r a beating H* went into the private • *;.-* f Mr Rohrer tsifiir.d the desk and knocked him •-•' th* itool and hi him right and le f t .-v*r the head. Mr Itehrei took it all m good bn mor until tbrr* men who weva working tn th* e ffi "e 'am* and jumped unto Mr Nich a, who la al - at • t fret tali a . i weigh* ov-r p- and* ‘and thr" him <t; I* a ff - ran* h*;«J hm th»r» nnttl the i town marshal finally arrived Ite» i m*r»ba! th«< tc< k I m <>u» and as ! ter little while ei Mm go No ar THE BOWLERS klondikrs Drfrat tM Psti Clllcc Tram. Ttte Kloodikers won from the • p »toc3ls team m a serin* of thr*a games, plated at the Klondike al l*y» M >nday evening The games were interesting and the ex utment ' of the »p«ctat> r» int« n(>* through ' 1 cut the three game* The hlgheet •c >re i f the evening was *nad« by B»rt Fran-e te. ti e last game, a »<• re cf 2*’’ pins Herman was ■ toiond with a s~?' r* t I'2 also in the third game 1 tie »c> r»> «■■ as 1 f ilowa P -st. < ft- — Frlsinger IS?, IS LI *4. \\ plfotd 14», 111, I Uli etc’ts .14, I« i I ‘« 143* 4 : - \*l gta : ■ Itt; wUl< 710, 730, 7 KnndtMrrw— P**ivr» n I'7. I . 171 H Frats<w • It*. I*3; total# 7«>S, <* A return gam® netwteo - t*-<*i-* will ' nHvtd r« xt Wf***!; Tt) !1* rUnxd hMiftjit will in etty today I aftd play a uMMifM <4 at ths Pajaro alleys lb** evrr4Dg. DESIRABLE PLACE Farty-Fhr Applicants for Blu'ftoa Presbpttrun Church. According to th* itatement cf • Rev C G Miller fifty five appltea tion* have been received by lb* Bluffton Presbyterian church from minteters who are desirous of sue I ceeding him as pastor there Trial sermons will be heard before a se lection is made Rev. Myron J. Crocker of New York, will preach here, next Sunday and th-» Sunday I following, and will have charge I of the mid wi-ek prayer service. He is a young man Rev. Ma-t • of lowa, who was here durug the winter, is one of the 'ministers .whom the congregation will con-. | Stder —Bluff on News