Democratic Sentinel, Volume 9, Number 15, Rensselaer, Jasper County, 8 May 1885 — Page 4

emocrniic j| entittel FRIDAY MAY 8 1885.

The colored Register of the Treasury, Mr. Bruce, has re igned, in comp.iance, it is said, with a request. Tiie Itopubli ans captured the odd mender of the Legist ture in Illinois Thursday. John A. Logan is not yet elected Senator, however. A sensation occurred in the Circuit at "Vincennes, Monday, by the arraignment of a number of prominent attorneys and wealthy real estate owners upon indictments charging them with renting property to prostitutes. Peter H. Weber, of New Albany, baggage-master on the L., N. A. & C. R. R., shot by the robber near Harrodsburg last week, is able to go out. His face is still bandaged up. Weber says he wou’d readily recogn ze the robber should he lay eyes upon him. vVe devote considerable space to' day to the discussion of the sub<t of Wartner’s execution. A very strong showing is made that the proceedings in the trial of the condemned man were possibly not egular. Let the Supreme Court title the dispute, and that quick-

Postmaster Palmer, of Chicago \ \i been removed for “offensive ■tisanism,” and Mr. Judd was -ointed. J ust now some of these n.’s are hugging close to the red e line as a means of saving ce, forgetful that many instanc- * >f “offensive partisanism,” can :> dily and truthfully be laio t° i uiir charge. Over-zeal may lead * > the discovery that they are not "V ods elect’ after all. At Louisville, Monday last, the bullet lodged in Express Messenger Davis's brain was extracted And v : a . regained consciousness.— Xhe •perdion was a very delicate Nfxc nd its success is highly gratis ;■ The chances for his life are.r reatly improved and it is the opinion of the physicians that he wi l : jcover.

Tl.e corporation election Monday last passed off quietly, and goo< l feeling prevailed throughout. Of oourse the republican nominees were elected, as was expected, but the varied majorities for the successful can idates —ranging from 9 to 106 —show +hat personal preferences had something to do with the result. Below" v-e give the Vote: Tru tee—Third District. E. L. Clark, Rep 159 M. Eger, Dem 85 Geo. Havens, Pro 10 Rep. Plu 74 Trustee —F ourthlDistrict. A. W. Cleveland, Rep 147 Geo. H. Brown, Dem 101 N. Warner, Pro 12 Rep. Plu 46 Tru^ee —Fifth District. T. J. McCoy, Rep 270 John Chamberlain, Dem 74 S. A. Henry, Pro 11 Rep. Plu 96 Clerk. « "Val. Seib, L ep 179 J. H. Jessen, Dem 73 R. P. Benjamin, Pro 8 Rep. Plu 106 Treasurer. T. J. Farden, Rep .173 Ludd Hopkins, Dem 78 Berry Paris, Pro 9 B>p.Plu 95 Marshal. 3. Q. Alter, Rep 130 Ghas. >. iatt, Ind 121 Holdridge Clark, Pro..! 6 I. ... T’.. “ •' J t • • | V

(Concluded.)

prevents the assessment of his punishment except at the “discretion of the jury.”—Sec. 1904 R. S.. 1881. The constitution- guarantees a trial by jury to determine the law and facts.—Art. 1, secs. 58 and 64.. The statute authorizes the accused to waive a jury, however, “except in capital cases.—Sec. 1821, acts of 1881. A capital sentence is reasonable, just and constitutional, but the death penalty must be carried into effect in strict accordance with law and pursuant to a prima facie valid judgment of a court, or the execution would be murder. A court, in a capital case, has.two branches..— The Judge may receive and record a plea of guilty, but can not proceed with the trial farther without having the opinion of a sworn jury as to whether the accused shall suffer life imprisonment or death. —Moore’s cr. law, sec. 837; 2Bish. cr. law, sec. 630: Rice vs. State, 7 Ind. 332. In capital cases a judge ought to hesitate in accepting a plea of guilty, and as the accused has no power to choose a tribunal, and as the law names the jury, the judge must conform to the law as to jurisdict:on and place no reliance on defendant’s consent.—Griffith vs. State, 36 Ind. 406. In no way can a judge be clothed with a power terpunish against a statutory direction.—1 Bish. crpro. sec. 893. In all except ‘capital cases’ a jury can be waived, which, in effect, states that in capital cases a jury can not ve waived. The right of trial by jury is immutably interlined in tbe constitution and statute, aa applied to Wartner’s case.

The paramount law embodied in the words, “in the discretion of a jury in capital cases” cannot be altered by anything that can be done by the Judge, Pros. Att’y, or accused. —People vs. McKay 18 Johns 219. Wartner can stand in the Supreme Court upon all his rights not waived by his own acts, within his power to act. No possible act, word, or waiver on the part of court, attorneys, or Wartner could enact any new law enlarging the ultimate scope of Judge Ward’s authority in the case. In this case a trial included all proceedings in court after the plea. The Judge, as a branch of the court, £ould accept a plea of “guilty,” when, if he had doubts whether the punishment should be capital, lie ought to have called the other branch of the court to his aid in solving that judicial problem. The jury should inform the judge wdiether the punishment should be capital. I am of the opinion that there are plausible reasons for reversing the proceedings back to the pie of “guilty” on account of being void and insufficient to authorize the Sheriff to take Wartner’s life. If my Bro. Babcock secures the opinion of the Supreme Court directly on the question he will deserve the plaudit of being a faithful servant to his client and the law. lam not employed by Wartner, nor any one in his behalf, but as a lawyer, believing as I do, that no man, however clear his guilt may appear, should be hung without a trial by a proper tribunal, I am willing to assist Mr. Babcock in aving the case reviewed by the Governor and Supreme Court, and after consultation with the Attorney General, whom I believe to possess a degree of integrity and learning sufficient to seen the right result, I have filed a short paper to-day f alling the attention of the Court to a few authorities on the point. I believe in a liberty sanctioned by law, administered on the plane of uniformit ' and equality. Wartner ought to be punished legally, and should he be a victim of a void judgment as a citizen I cannot feel any satisfaction at his death. The Supreme Court is the tribunal to construe the statute and decide whether Judge Ward pursued the proper course.

S. P. THOMPSON.

An Entrpnsmg, Rliable House. F- B. Meyer can always be relied upon, not only to carry in 6tocß the best of p,vorv‘>:nt; hut secure v»* A *r t'-' 1 ' T? f- ’ C* *."- • - . i r-v > * •-e » and are popular with the people, thereby tustaining tbe reputation of being always enterprising, and ever reliable. Having seccrW the A Fern* i for the celebrated r* k:- W”! n , v r-

j H °US A W D B; G| V E W AWAY^tj CVERY NEW SUBSCRIBER % "3SI gets a Present valued from I I ji; c-~> SSOO. and no favoritism 9 all <1 5 shown. *"■*>l ) ]§ «03«sv AN / \ °a?co L I CO I CO “ g O 2 \ W> U = » g- ® c S. Zg|js| sum LesrtfhJtlillll 22 s =s w s - ® * sty g ! 11 t^^ / § * | gfi an d your name goes on S book s, and your —H lci| * be forwarded. Write for I with List of Presents. Everything [a. I TO THE PUBLIC. Rochester, N.V., Mar. «, rBB S . 0 ' V O I am acquainted with the publishers X' of the American Rural Home, and r \ . they makejothe RURAL HOME CO M Limited, ROCHESTER, N.Y.

B mnption, will sell it on a oosifive guarantee. It wil! surely cure anj ana every nffection of 'lhroat, Lunus and Cliest, and to show mar confidence, we invite you to call and get a Trialßottle, Free 1 —3O Ajplication tor License to Retail Moiitatini Manors. NOTICE is hereby given to all the citizens of the Town of Fair Oak*, and Union Township, in Jasper County, Indiana, that I. the undersign ed Micajab F. Johnson, a mai inhabitant of the County of Jasper, and State of Indiana, over the tee of twenty-on* years, a roan of; good moral character, and not in the habit of becoming ia,toxieated, and in every rt spect a fit and proper person to-beintrusted with the sale of intoxicatmf liquors, will make application to the Board of Commissioners of said Jasper County in said State of Indiana, at the next reguiftr session and meeting of sad Board of Commissioners tube held in the Town of Rensselaer, commencing on Monday, the Ist day of Jane, a I>:tßss, for a License to sell Spiritons Liquors, Vinous Liquor** Malt Liquors, and all Intoxicating Liquors whtekmay heaved as a beverage, in lees quantities than a quart at a time, with the privilege es allowing and permitting said Liquors to be drank on the premises whore sold, and precisely located and described > s follows: A one-story frame bonding, and thegronnd on which saidi building is located is described by metes and hounds as follows t Beginning at a point one thousand four hundred ana sixty (1460) feet and three (3) inches north, and one hundred and thirty-two (132] feet west of the south-east corner of Section six (6), Township thirty (30) north Range seven [T) west, in Jasper County, Indiana and running tnence west twen-ty-four (24) feet, thence south sixteen (le] feet, thence east twenty-four (24] fest, thence north sixteen (16] feet to the point of beginning. Said License will be asked for the perioebof one year. MICAJAH F. JOHNSON. James W. Douthit, Att'y for Petitioxer. May 8, 1885. Notice to Non-Resident. State of Indiana. ( Jaspor County, f 88 ’ In the Circuit Court, June Term, a.d., 1885. Ellen Baker ] vs. v Complaint No. . Ernest Baker. ) NOW come* the plaintiff by James W. Douthit, her Attorney, and files her complaint harein :or a divorce, together with her affidavit that she does not know the residence of the defendant, and a disinterested party files an affidavit that the said defendant Ernest Baker is not a resident of the State of Indiana. Notice is therefore hereby given said defendant that unless he he aad appear on the first day of tbe next Term of the Jasper Circuit Court, to be n olden on the first Monday of June, a. d. 1835, at. the Court House, in Rensselaer, in said C unty and Stats, and answer or demur to said complaint, the same will he heard aud determined in his absence. , - W’itness. my name and seal of said ■1 SEAL Court, affixed at Rensselaer, this ' —, — - ’ 31st dav of March, a. it. 1885. JAMES F IRWIN, Clerk. James W. Douthit, Att’y for pi iutiff. April 3, 1885. .§6.

Notice of Ditch Assessment aM Contract fOr CONSTRUCTION. State of Indiana, i , . County of Jasper, f BS ' In th • Jaspor Circuit Court, ( .. William H. Myers, Exparte. f 0 ' ’»• NOTICE Is hereby given to all concerned that. in t he above entitled cause the Jasper Ciicuit Court, on the 21st day of January a. d. 1885, ei - tered judgment for the petitioner establishing! the wink prayed for, approving the assessments for benefits, aud direc ing the undersigned Janies T. Randle, Commissioner of Drainage, to make and construct the proposed work. See Order Book Number 11, page 3il(i to 398. I now give notice to all concerned and especially to William 11. Meyers, James H. Turpit aud William Turpie, Levanche Morrison, Levauche Kent, Heurv D. White. Newman Snow, Theodore Hurley. John W. Duvall, John Humes, Sarah A. Burns, William J. Durant, William Michaels, William McGinnis’s heirs, John W. Cavender, Nancy J. Burget, Elisha Milicr, Francis JVi. Lakin, Union townspip, Jasper county, Indiana, and Barkley township, Jasper county. Indtana, all named in said judgment as liable to pay assessments for that purpose, and I will proceed to have said work constructed, and will, at tbe residence of William H. Meyers, on the 25th day of May, a. d. 1885, commencing at 10 o’clock a. m., proceed to et the construction of the Ditch d scribed in said order, according to specifications in my possession and open to inspection, to the lowest and best bidder, commencing at the mouth of sai l Ditch. The above patties are further notified that the assessments for benefits made for the construction of said Ditch, and adjudged by said Court, I have ratably assessed to be paid m installments based on the contract price of construction costs, and expenses incurred and necessary to be incurred, and payable at my office, in Rensselaer, Indiana, as follows: Twenty per cent. May 25th, 1885. Twenty per cent. June 26th, 1885. Twenty per cent. July 27tli, 1885. Twenty per cent. August 27th. 1885. Twenty pet cent. September 28th, ]BBS. JAMES T. RANDLE, Commissioner in Charge. James W. Douthit, Att’y for Petitioner. April 21, 1885- -#6.

Notice to Non-Residents. State of Indiana, I . County of Jasper, f 88 • Samuel Hemphill, Emma J. Hemphill and John B. Hemphill are hereby notified that Felix Lester and Martlla A. Porter have filed their complaint In the Jasper Circuit Court to have the true boundaries of certain land in said county determined, in which land said defendant* claim an Interest, and that said canse will come up for trial ou Monday, June Xsth, 1885, the same being the 13th judicial day of the June Term, 1885. of said Court, to be hold at the Court House, in the Town of Rensselaer, Indiana, and commencing Monday, June Ist, 1885. ® Witness my hand and the seal of said Court this April 23d, 1885. JAMES F. IRWIN. Clerk . „ .. t irt. ‘ •* ■ ' i’ i ** r ...

Notice to NOik-Residents. State-»f Indiana, Jasper County, ss: In the Circuit Court. .June Term. 1885. William F. Johnson vs. Harvey A. Gilbert, and Gilbert, wife of Hfcrvey A. Gilbert. Comp aint No. 3356. QW comes the plaintiff, by William B Austin, his Attorney, and files his complaint herein, together with an. affidavit that saididefen ants Henry A. Gilbert and Gilbert wife of Henry A. Gilbert, are not resid -nts of the State 01 Indiana, And cumes also the Defendant Jo n Makeever by ordecai F. Chilcote, his attorney, and files his cross-complaint herein against the plaintiff and all of his co-defendants, with an affidavit that his co-defendants Henry A. Gilbert, and Oiloert, wife .f Henry A. Gilbert, are not residents-of the State of InoiSua. Notice Is therefore hereby given said Defendants, that unless they he and appear on the first day of the next Term of the Circuit Court, to be holden on the first Monday of June, a. d.,1885, at the Court House in Rensselaer, in said County, and State, and ausvtter or demur to said complaint, as well as the-cross-com laint of defendant John Makeever, the same will be heard and determined in theirraibsence. < Witness my name and: the Seal ] SEAL r of said Court affixed, at Renssel--1 —y— ' aer this 30th day of Mlarch, a. d. 1885. JAMES F. IRWIN, Clerk Mordecai F. Chilcote. Att’y fer defendant John Makeever. April 3, 1585—511 25 April 10.

A “HEW DEAL” BT Deere & Company MOLINE, ILLINOIS. ' Two Horses can to tie urt es THree. A SAVING OF ONE-THIRD IN THE COST OF PLOWING. 24 inches heretofore required for 16 inches The greatest plow improvement of the tlmei, THE “NEW DEAL” WHEELED WALKINO PLOWS, SINGLE AND DOUBLE FUEMOW. THE “NEW DEAL” is lighter in draft and more easily handled than a hand plow, and cuts a more uniform furrow. THE “ NEW DEAL” is lighter in draft, lighter in weight, and lighter in price than a sulky plow, and will do alius work. THE “ NEW DEAL ” Gang cuts 24 inches with the draft of al6 inch hand plow—a saving of 50 per cent, in labor. Does all the work of a fourhorse riding gang with one less horse and little I more than half tne cost. F THE “NEW DEAL” Plows are ALL STEEL , insuring greatest strength with lightest weight. Thi.f is no untried and rickety experiment, and these claims are not made recklessly to attract attention. This system is the outgrowth of careful observation and experiment reaching over a period of years, with a rational view of the requirements of the times. They are superior to any plows ever offered, and the most economical plows ever placed in the market. Send for circular. DEERE & CO., Mfrs., Moline, 111. C. UoM & h, Agoti. In additio” to the / above plow advertisement, we wish toe farmiDg community to understand that-tbey can get repairing of all kinds, both iron and wood r/ork, done at our place, in good st\le, in first-class, workmanlike manner, and only the best of materials used Woik as cheap as the cheapest, and warranted to give satisfaction or money refunded. t Yours, Rcspectfullv, CIIAS. A ROBERTS & BRO., BLACKSMITHS AND DEALERS IN AGRICULTURAL IMPLEMENTS, AGENTS FOR Studebaker Wagons, McCormick Mowers and New Steel Binders, Evans & Foos’ Corn Planters and Check Rowers, Bookwalter Engines, John Deere Planters and check rowers-the best inthe world, and many other Farm Implements too numerous to mention. larOTlce and Sh-v. on Front Street H -»-t -i ‘ifjr*I'*-'_ 1 '*-' _ “

J*nx Makbeteo, Jat Wiuuu, President. C'aaMe fAEMERS’ BANK, dfOppesite Pahlic Sqaare_££f RENSSELAER, ... INDIANA Receive Dsposite. Buy and Soli Exchange Collections made and promotly remitted. Money Loaned. Do a general Banging Bt eines*. August 17,188 v s HUFTY HOUSE, MOUNT AYR, IND., G. G. BUFTY, Proprietor Board $3 50 per week. Transient $1 per day. A. L. WILMS, Gun & Locksmith, (Shop on River bank, south of Schoo House, Rensselaer, Ind.) All kinds of Iron and Wood turning, and fine worn in Iron, Steel and Brass, on short notice, and at reasonable rates. Give me a call. v5n4C IRA W. YEOMAN, Attorney at Law, NOTARY PUBLIC, Real Estate and Collecting Agent. 'Till practice in all the Courts of Newton Beaton and Jasper eounties. Office.-:—Up-stairs, over Miyrray’s Citi 'lrug Store, Goodland. Indiana. THE HEW ~ MHeWBMkWM] RENBSELAER, IND, JU*. OPENED. New and finely furni*hed.— Cool and pleasant rooms. Table furnished with tihe best the market afford*. Good Sample Rooms on first floor. Free Bn* to and from Depet- , „ PHILIP-BLUE, Proprietor. Rensselaer, Mar 11.1883' ts. LEAR HOUSE, J. H. LEAR,Proprietor, Opposite Court House . Monticell* , 2nd Has recently been new furnished throngh •Mit. The rooms are large and airy. the loca Uon central, making it the most convenien and desirable hopse in town. Try it TUTFS PILLS » yeaw^^useT" The Oreat—t jKdical TTinmph of the Age! SYMPTOMS OP A TORPID LIVER. Loan of appetite, Bowels costive, Pain la the head, with a dull aennatlon In the P»I“ under the nhenlderblade, Fnllneaa after eating, with a die* inclination to exertion es body or mind. Irritability of temper, Low aplrita, with a feeling of having neglected eeme dnty, Wearirfboe, Sizzlne**, Flattering at the Heart, Dote before the eyee, Headache orer the right eye, Beetleaeneea, with litftil drenme, Highly colored Urine, and CONSTIPATION. TUTT’S PIX.X.S are especially adapted to such cases, one dose eflTects such a change of feeling as to astonish the sufferer. They Increase the Appetite,and cause the body to Take on Flesh,thus the system is nourished, and by their Tonic Action on the Digestive Organs,Regular Stools are TUTT’S HAIR DYE. Gbat Hair or Whiskers changed to a Glosst Black by a single application of this Dte. It imparts a natural color, acts instantaneously. Sold by Druggists, or sent by express on receipt of #l. Office, 441 Kirriv St.,- New YitrkTHE CHICAGO COTTAGE ORGAN ' ' Has attained a standard of excellence which admits of no superior. It contains every improvement that inventive genius, skill and money can produoe. OUR EVERY jKSflSng3§| war IS RANTED m 1 for TO W “•' : ' i "jWS|i five; EXCEL, inmiif YEARS These excellent Organs are celebrated for volttme, quality of tone, quick response, variety of combination, artistic design, beauty in finish, perfect construction, malting them the most attractive, ornamental and desirable organs for homes, schools, churches, lodges, societies, ete. ESTABLISHED DEPUTATION, UNEQUALED FACILITIES, SKILLED WORKMEN, BEST MATERIAL, COKBINBD, mict THIS THB POPULAR ORQAH Instruction Books and Piano Stools. Catalogues and Price Lists, on application, fbxx. The Chicago Cottage Organ Cl tJoww Bwaialjti. ab* -—» WrsaMf I /