Democratic Sentinel, Volume 9, Number 16, Rensselaer, Jasper County, 15 May 1885 — Page 1

The Democratic Sentinel.

VOLUME IX.

THE DEMOCRATIC SENTINEL. A DEMOCRATIC NEWSPAPER. PUBLISHED EVERY FRIDAY, Jas. W. McEwen. RATES OF SUBSCRIPTION. ; One year Sl-5" Six months 75 hree months 5° Advertising Rates. One column, one year, SBO 00 Half column, “ 40 oi Quarter “ “ 30 oo Eighth “ “ 1 to oo Ten per ceot. added to foregoing price if rflvcrtißements are set to occupy more than Jingle column width. Fractional parts of a year at equitable rates Business cards not exceeding l inch space, 15 a year; $3 for six months; $ 2 for three All legal notices and advertisements at established statute price. Reading notices, first publication 10 cents _»line; each publicati on thereafter s cents a line. Fearly advertisements may be changed quarterly (once in three months) at the option of the advertiser, free of extra charge. Advertisements for persons not residents of Jasper county, must be paid for in advance of first pnblic ttion, when less than one-quarter column in size; aud quarterly n advance when larger.

BfORDECAI F. CHLLCOTE. Attoraey-at-Law RINSSELAEB. .... INDIANA Practices |in the Courts of Jasper and adeinlng counties. Makes collections a specialty. Office on north side of Washington street, opposite Court House- vlnl SIMON P. THOMPSON, DAVID J. THOM PSON Attorney-at-Law. Notary Public. THOMPSON Sc BROTHER, Renssedaeb, - - - Indiana Practice in all the Courts. MARION L. SPITLER, Collector and Abstractor. We pay j irticular attention to paying tax- , selling and leasing lands. v 2 n4B FRANK. W. B UNCOCK, Attorney at Lam And Real Estate Broker. Practices in all Courts of Jasper, Newtor ind Benton counties. Lands examined Abstracts of Title prepared: Taxes paid. Collectl'oaa.* a. Specialty. JAMES W. DOUTHItT" ATTORNEYsAT-LAW AND NOTARY PUBLIC, otflee upstairs, in Maieever’s new building. Rent selaer. ind. H. W. SN CDEK, Attorney at Law Remington, Indiana. JOLLEOTIONS A SPECIALTY. W. HARTSELL. M D. 30MCE0PATHIC PHYSICIAN & SURGEON. RENSSELAER, - - INDIANA. Diseases i Speoialty.^gj) OFFICE, in Makeever’s New Block. Residence at Makeever House. July 11, 1884. Dd. dale, ■ ATTOKNEY-AT LAW MONTICELLO, - INDIANA. Bank building, up stairs. ———————— t. H. LOUGHBIDGE. P. P, BITTEES EOUGHRIDGE SC BITTERS, Physicians and Surgeons. Washington street, below Austin’s hotel. Ten per cent, interest will be added to all accounts running unsettled longer than three months. vlnl DR. I. B. WASHBURN, Physician St Snrgenn, Rensselaer, lnd. Calls promptly attended. Will give special attei tion to the treatment of Chronic Diseases. R. S- 33 wigging, Zimri Dwiggins, President. Cashier Citizens’ Bank, RENSSELAER, IND., Does a. general Banking business; gives special attention to collections; remit-, tances made on day of payment at current rat© of exchange; interestpaid on balances: certificates bearing interest issued; exchange bought and sold. This Bank owns the Hu~glar Safe, which took the premium at the Chicago Exposition in 1878. This Safe is protected by one of Sargent’s Time Locks. The bunk vault used is as good as can be built. It will be seen from thn foregoing that this Hank furnishes as good sacurity to depositors as can be. ALFBBD M COY. THOMAS THOMPSONBanking Bouse OF A. McGOY &T. THOMPSON, successor to A, McCoy & A. Thompson. Hanker sselaer.lnd. Does general Hanking b ss Buy and sell exehaoge. Collecflo e sn all available points. Money loan re st paid on specified time deposits, & e sam e place as old firm of A. McCo y mp son. apru.’gi

RENSSELAER JASPEB COUNTY, INDIANA. FRIDAY MAY 15. 1885.

WHERE TO ATTEND SCHOOL

1. —Wiiere you can get good instruction in whatever you may wish to study. 2. Where you can get good accommodations and good society. 3. —Where the expenses are least4. —Where things are just as re_ presented, or all money refunded and traveling expenses paid. Send for special terms and try the Central Indiana Normal School and Business College, Ladoga, Ind.

A. E. KNOTTS,

ENTERTAINMENT.

Mrs. Kirsch’s School of Elocution will close with an Entertainment at the Opera House, Saturday evening, May 16th. It will consist of ten prize recitations, and a Dramatization of Hiawatha, given in complete Indian costume. The Tableaux will be lighted with magnesium, a light so brilliant that it can be seen for thirty miles. It does not produce coughing. The Entertainment will commence promptly at 7:30 p. m. Admission 35 cents to all parts of the house. Children 25 cents. Tickets reserved at Hardman’s without extra charge.

Weibern Wartner vs. The State.

Appeal from Jasper Cir. Court. On the 12th day of May, 1885, being the 146th Judicial day of the November Term, 1884, of the Supreme Court. ' Came the parties by their Attorneys, and the Court being sufficiently advised in the premises gave the following opinion and judgment, pronoun«ed by Howk s , J.: Weibern Wartner ) vs. I The State of Indiana. ) From the J asper Circuit Court. Howk, J. On the Bth day of January, 1885, an indictment containing three counts was duly returned into the court below; in each of which counts the appellant, Weibern Wartner was properly charged with the commission of one and the same felony of murder in the first degree. Afterwards, at the same term, the appellant being in custody was brought into court,, and upon arraignment, for plea to' the first count of the indictment, said that he was guilty as herein charged. Thereafter, on the 21st day of January, 1885, it is shown by the record that the Court, having heard the evidence and being sufficiently advised in the premises, finds the defendant guilty on the plea of guilty, heretofore entered herein, as charged in the first count of the indictment, and assesses his punishment at death. Upon this finding and no other, on the same day, the Court adjudged that the appellant, Wartner, should suffer the penalty of death, in the statutory mode, on the fifteenth day of May, a. d. 1885. It is very clear that the judgment of the Court, in this cause, is wholly unauthorized by law and must be set aside and reversed, as an absolute nullity. Section 13 of the Bill of Bights, in the Constitution of this State, provides as follows: “In all criminal prosecutions, the accused shall have the right to a public trial by an impartial jury in the county in which the offence shall have been committed,” &c. The appellant’s right to a trial of this prosecution against him is his personal and constitutional right, which he cannot be deprived of, nor can he even waive such light unless such waiver is expressly authorized by statute. The aopellant’s case, as charged in each count of the indictment, is a capi

tal case; and, in such a case, there not only is no statutory authority for the defendant’s waiver of his right to a trial by jury, but the statute declares that the trial thereof “must be by jury.” In section 1821, R. S. 1881, it is provided as follows: “The defendant and pr - secuting attorney, with the assent of the court, may submit the trial to the court, except in capital cases. All other trials must be by jury.” Under this section of the statute, it has been held by this court, and correctly so we think, that the constitutional right of a defendant in a criminal cause to a public trial by an impartial jury is a righc which he may waive, if he choose so to do and if such waiver is authorized by statute. —Murphy vs. The State, 97 Ind. 579. Where the defendant in a criminal case is authorized by statute to waive a trial by jury, the statute is strictly construed. Thus it has been repeatedly held that, where such a statute would authorize the defendant in a ciiminal case to waive all right to a jury trial, it would not su v horize him to consent to a trial by a jury of less than twelve jurors. —Brown vs. The State, 16 Ind. 496; Allen vs. The State, 54 Ind. 461; Moore vs. The State, 72 Ind. 358. In the case in hand,, the record fails to show whether or not the appellant waived, or attempted to waive, his constitutional right to a rial by jury; but, as such a waiver is not authorized by statute in this case, the silence of the record on this point is wholly immaterial Nor is it material, that the record fails to show any objection or exception, by or on behalf of the appellant, to the trial of his case by the co rt or to any of the proceedings had therein. It is shown by the record, that appellant’s case is a capital case, and that the court, without the intervention of a jury, tried his case, found him guilty as charged and adjudged that he suffer the penalty of death. This, t e court was not authorized to do, nor was the appellant authorized to consent thereto, by any law of this State.—Koerner vs. The State, 96 Ind. 243. After the appellant’s plea of guilty, the proceedings and judgment of the court are erroneous, and errors of so grave a character that he has the right to insist upon them here, as affording substantial grounds for the reversal of the judgment. The law of his case, as declared in section 1904, R. S. 1881, is that for the felony, whereof he says he is gui.ty, he “shall suffer death or be imprisoned in .the State prison during life, IN THE DISCRETION OF THE JURY.” In assessing his punishment, the record shows that the court usurped and exercised a discretion, which the statute has conferred upon th jury, and not upon the court. Under the statute the appellant had and has the right to have a jury say, in their discretion, which one of the two punishments he shall suffer. The judgment is reversed and the cause is remanded with instructions to submit the same to a jury. “Ob no,” says the Indianapolis Sentinel, “therewasnothingwrong in the departments, say the Republican organs, under the administration of their party Every now and then> however, there are indications of some rottenness under the old regime. We get some information from a recent Washington dispatch, which runs thus: “The Commissioner of Pensions has directed the suspension at the Philadelphia agency of 102 pensions which have been drawn although the pensioners are dead.— In some cases, the Commissioner says, the persons in whose names the pensions were drawn have been dead since 1871. He has also directed the suspension at the same agency of pensions to seven widows who remarried in 1881, but have continued to draw pensions ever since.” — F armers —Leave your orders for Fruit Trees with “Turkey Joe” and Allen Catt.

Principal.

NOTICE. —The agents we employ are not allowed to carry samples of Fruit in glass jars. Any one leaving their orders with “Turkey” Joe Sharp or Allen Catt, will receive prompt attention. J. B. Harris & Co., Proprietors of Home Nursery, located at Champaign, 111. Remember! that trees brought from Eastern Nurseries are not as well adapted to our soil as are those shipped from Illinois. Inquire into the standing of the Nursery of J. B. Harris & Co. ’ Bela C. Kent, Gen. Agent

Peterson’s Magazine for June comes to us, a paragon of beauty, ahead of all others. The principal steel-engraving alone is almost worth the subscription-price. “No other Magazine,” as we often hear said, “has such steel engravings.” A charming story, by Frank Lee Benedict, illustrates this pretty picture. The colored steel fashionplate is also unusually brilliant, even for “P terson.” Most of the other illustrations—some fifty in number —are devoted to the fashions, to patterns in embroidery, etc. The “Story of Louisiana Pine Lands” —one of rare merit — is finished in this number. But all the stories and no . elets in Peterson,” as is well known, are exceptionally good. Considering the low price of this magazine and its very great merit, we wonder it has not an even larger circulation: every family ought to take it. The terms are but two dollars a year, with great deductions to clubs, and costly premiums to those getting up clubs. Now is an especially good time to subscribe; for a new volume begins with the Julj number, when those who do not wish" back numbers can commence. — Specimens are sent gratis, if written for, to persons wishing to get up clubs: Address Charles J. Peterson, 306 Chestnut Street, Philadelphia, Pa.

Attorn y-General Garland NonSuited.

Washington Letter: I was told of another of Attorney-General Garland’s peculiarities by a friend the other day. He hates doctors. Whenever he hears of a friend being sick he takes the trouble to warn him that the medical profession is a humbug and the only way to be sure of recovery is to let it alone. He says he never had a doctor in his life and consequently keeps well. But the other day he broke faith. He was taken with a peculiar ailment. At first he thought he was getting fat but it was all confined to his face, and e did not know what to make of it. Directly his jaws swelled out to an immense size and became very painful. He endured it for a long time, but finally grabbed up his hat and went to see a doctor who has an office within a square. He said he tho’t he was poisoned, but had no idea who had done it. “I don’t think you are poisoned,” said the doctor, after examining his face very carefully. “You’ve got the mumps.” The attorney-general left the office in a rage, muttering “Mumps! mumps! I wonder if it isn’t cholera infantum!- Maybe it’s a cancer!” and giving vent to other sarcastic expressions to show his contempt for the whole medical fraternity. But it was the mumps, sure enough, and all he could do was to keep out of the way and say nothing about it. J. Frank Snyder, editor of the Lagrange Democrat, having ventured to become a candidate for postmaster, his landlord, who apparently thought he owned Snyder, ordered him to withdraw. Declindo this, the landlord lerved notice on him to “get out or iell out” So Snyder got out, and moving into other quarters, defies bulldozing and stays on the track for the postoffice.—Ex.

NUMBER 16

The Vice President.

Washington Special: Vice President Hendricks left this afternoon for a few days’ recreation at Atlantic City. He has been under a constant strain of pnysical and mental exertion since the 4th of March, and begins to look forward to a season of rest with pleasurable anticipations. Mr. Hendricks is one of the most approachable and genial men ever in public life. He never claims any fime his own as long as there are people who want to see him on business; never turns anybody away with rough words, and he can say “No” in a manner that breaks the force of a denial; and he can say “No” when he means it. You n ver hear him complain of being overrun with office-hunters or h' unded by politicians. He accepts the task of dealing with them as one whose duty it is to do it, who is paid for it, and who is debarred from any such complaint. So every man, big and little, who comes here for anything from the State of Indiana knows him personally, and approaches him as a friend. This will explain the constant crush at his rooms at Willard’s and the continual tax upon his energies. Last year Mhr. *„• endricks accepted the invitation to deliver the June address at Yale. The pr essure here has so monopolized his time that h 4 wrote,. begging to be excused. Yale has refused to do so, and cordial y insists on his lecture. In consequence of this, Mr. Hendricks will have to get a days off in some more quiet place, where he can have time for. preparation. He will follow Mrs. Hendricks to Indiana in the course of a couple of weeks.

Aaron Lee Missing.— On Wednesday of last week Lee, for a longtime night opJpjjjjtf the V. A. depot, left here Fot parts unknown, unbeknown to his family, and has Dot been heard from since. All Linds of rumors are afloat as to his suicidal intentions, that he took with him two revo v6rs, etc., etc, but nobody appears to know any thing about him but Louis Reeder who he told that he was going, and appeared to feel bad about leaving his children, but gave no reasons for going. His usiness at the depot was left in good shape, and his sudden departure is a question for the gossipers to solve. Those who know him best believe that he will yet turn up safe and sound.—Crown Point Star. m in ■ General Sparks, Commissioner of the General Land Office says: “I am convinced that there must be decisive and sweeping changes in the Land Department before its. management can be reduced to an honest, efficient and economical basis.” What a commentary that upon the Republican gang that has been running that office. It is a source of 'jjjHM£cation good citizen honest Jppd of the Land Department tp£’€t necessary to make such a comWfent on trusted officials. Crown Point News: “Hon. T. J. Wood is receiving many’letters of condolence from all parts at the country on the death ofiys son,, Charles. Letters from southern members of congress who were acquainted with Charlie while at Washington are very impressive and touching indeed. They pay him high tribute as a smart manly boy.” Monticello Herald: The jury in* No. 1506, Michael Halloran vs. Emmett Burgman, returned a verdict against the defendant for five dollars, which, from the fact that the plaintiff has made application for a new trial, might perhaps be regarded as a victory for the defendant.” Buy the‘best of Fruit Trees, and in doing so leave your orders with “Turkey Joe”. Satisfaction guaranteed.