Daily Wabash Express, Terre Haute, Vigo County, 29 December 1883 — Page 1

The following are the particulars of Col. Rathbone's part in the event. "Standing in the doorway after a hasty glance at the interior, Booth took A

small Derringer piBtol in one hand, holding at the same time a doubleedged dagger in the other, he deliberately aimed at Mr. Lincoln, who sat in an srm-chair with his back to nunThere wns a quick report, and the fatal bullet entered Mr. Lincoln brain. Major Rathbone, the only other gentleman present in the box, instantly comprehending the truth, attempted to seize the assassin, but he was too quick for him. Striking at him with a dagger, he sprang to the front of the box, leaped upon the stage, crying a theatrical manner, 'Sic semper tyranny*,' and favored by his knowledge of the stage, escaped to the rear before the actors and audience, stupefied by the suddenness of the act, could arrest his flight."

-3r "V gjg£-§g

NEWS IS GENERAL.

The Murder and Snicfde of Ifr. and Mrs. Rathbone fn, Germany.

They Wore the Company of Pres Jdent Lincoln in the Theater at the Time of the

Assassination.

The Wreck of the PJautyn In Mid Oeenn as Told by tlie Captain of llie Steamer.

Death of General HumphreysVarious Items of Jfews by Telegraph.

DOMESTIC TRAGEDY

Colonel Henry B. Rathbone, of Albany, If. Y., Klllg His Wile and Attempt* Suicide at Hanover, Germany.

ALBANY, N. Y., December 28—

WRECK OP THE PLIANTYN. 2

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aster-Anxiety About Over-due Vessels. OPOBTO, December 25. Captain Scott, commander of the steamer Plantyn, wrecked on her way from New York to Antwerp, and one of the fifty-three rescued and landed here by the brig G. D. T., gives the following account of the disaster: "On November 18, when in latitude 44° 17' north, longitude 42° 2(Y west, a hurricane car. ried away the po^p deck, bridge, engine room, sky-light and main deck from the poop to engine room, leaving only the iron work intact, and brought down one of the masts, which in its fall smashed five life boats and four pinnaces. The water gain ed upon the engine room quenched the fires, and filled the hold. Four sailors and one passenger perished at this time. De Frayser, the rlantyn's physician, and four sailors were injured one of the latter died.

Four hundred and sixty tons of the cargo were jettisoned, in efforts to relieve the vessel. Several steamers passed the Plantyn while undergoing the terrible trial, but paid no attention to signals of distress. The crew worked the pumps and bailed water night anil day, thus keeping the Bhip afloat until December 6th, when the brig G. D. T. hove in sight and rescued the passengers and crew.

Two

men were after

wards transferred to another vessel the remainder landed at Oporto. NKW YORK, N. Y., December 38.— The agent here of the White Star steamship Celtic, which railed from New York December 15th for Liverpool and has not yet reached Queenstown, says the vessel was due at the latter port Monday morning, and the probable cause of the non-arnval is an accident to the machinery. Mfeels no ansietv tor her safety, as the Gel tie is a staunch ship'. Five years ago she broke down at sea and proceeded under sail, reaching a spSed of Ur.rteen knots. This rate cannot be expected now, as the winds have lately been unfavorable for east-bound vessels. He further says tho Celtic may have picked up a wreck and be proceeding slowly with it in tow.

Death of General Humphreys, WASHINGTON, D. C., December 29.— Brigadier General Andrew A. Humph-

•wssraissfc

revs died suddenly last night. In the early part of the war he served on the staff of Gen. McClelland, and was rapidly promoted for gallant and distinguished services. July 8,1863, he received his commission as major general of volunteers, and was mustered out of the volunteer service August, 1866, and promoted to the rank of brigadier general of the regular army.

General Grant.

NEW YORK, N. Y., December 27.' Gen. Grant passed a very comfortable night and is feeling in good spirits this morning. He does not believe he has broken any bones. The injury will keep him with'in doors several days.

The Millionaire Ranchman to go to the Penitentiary. ALBANY, N. Y.,December28—Frank R. Sherwin was sentenced to the penitentiary for two years and a fine of $600 for contempt of court in the state vs. Cashier Phelps defalcation case.

An Old One Gone.

MILWAUKEE, Wis., December 28.— Lucy Bured. colored, died to-day, aged 110 years, three months and five days. Her husband died twenty years ago, aged ninety.

brief cable dispatch announces the painfal intelligence that Col. Henry B. Bathbone had killed his wife at Hanover, Germany, and then attempted to commit suicide. Colonel William H. Harris, of Cleveland, a brother of Mrs. Rathbone, sailed for Karope, and the relatives of the parties in thiB city, who are overwhelmed by the report of the murder, are anxiously awaiting the details of the affair. Colonel and Mrs. Rathbone are native Albanians. He was the second son of the late Jared L. Rathbone, who was a merchant and politician of note of forty years ago. Mrs. Rathbone was a daughter of the late Judge Ira Harris, formerly United States senator from New York, Mrs. .Tared I. Rathbone, after the death of her husband, became the second wife of Judge Harris. Her son and Miss Clara H. Harris were frequently in each other's company, especially during Senator Harris' stay in Washington, and on July 11, 1867, were married. Mrs. Rathbone was the favorite daughter of Judge Harris. She was a cultured and beautiful woman, and was a great favorite in the society of Washington and other cities where she resided. Colonel Rathbone was a man subject to violent outbursts of temper. He was devoted to his wife, and in recent years exhibited a spirit of jealousy which manifested itself whenever any gentleman, even a relative, approached her. This trait grew on him, and developed to such an extent that some of his friends considered him a monomaniac on the subject. It is surmised that in one of these jealous fits, and while temporarily insane, he committed the crime. As he always carried a revolver, it is thought that the murder and attempt ed suicide were done by shooting. The theory seems to be sustained by tbo statement in the dispatch that Miss Louisa Harris and the children escaped unharmed. Colonel and Mrs. Rathbone, accompanied by Miss Harris, •ailed for Europe last fall, and intended to remain-some time abroad for the education of their children, two sons, the older thirteen years of age, and a daughter aged seven years. They have not lived in Albany for any time since their marriage. Colonel Rathbone and Miss Harris were in the box with President Lincoln at Ford's theater, in Washington, on the memorable night in 1865, when Booth assasinated the president.

Business Failures for the Week. NEW YOHK, N. Y., December 28.— Business failures in the United States the last seven days reported to R. G. Dun & Co. are 214, and in Canada and provinces 24.

WIPE'S DISHONOR

Confessed in Letters Written to Her Hasband, Which He is Compelled to Frodnce and Have Bead in Court—

Sensational Sequel to the Suieide of BIrs. Johnson at Indianapolis. Indianapolis Special.

In the preliminary examination made by the attorneys in the now famous Johnson scandal case here today by order of the court, Captain Johnson was ordered to introduce in testimony the letters written by his wife to himself previous to her suicide. While their contents were such as to reflect dishonor upon her memory, they at the same time served to exonerate him from the very serious charges of cruel treatment, abandonment and even murder, which have been made against him. From the letters and testimony to-day it seems that last summer, when Mrs. Johnson was in Tennessee with her husband, she became acquainted with Major Edgar Henry, who showed her considerable attention. He was 63 years old, and she suspected nothing wrong, although her husband warned her. She returned home, and Captain Johnson wrote her repeatedly regarding the serious rumora regarding her, and urged her to tell him the whole truth.

Bhe at first denied all the stories, but finally, in a letter full of repentance and contrition, acknowledged that the relations between her and Maj. Henry had been of a compromising nature. Siio attributed her downfall to a strange influence and fascination he exerted over her, which she thought waB the result of mesmerism, but did not admit any adulterous relations between! them. In reply to this her husband wrote a letter demanding a full confession, and this she gave him, acknowledging criminal intercourse with Henry on five separate occasions, and giving all the days and particulars. Johnson got a gun and started out to kill Henry, but the latter fled to the mountains, and avoided him. Afterward, iiowever, the latter came to Indianapolis to see Mrs.'Johnson, but her fourteen years old son, Griffith, who, strangely enough, was told the whole story by his mother and father, would not let her see ber paramour, and sat all day and night in the front hall with a loaded rifle to kill his mother's seducer if he should come to the house.

Mr. Johnson's letters to her husband about the matter are sixteen in number, and are marvels of graphic and oathetic writing. She did not ask forgiveness, because she said she felt that ihat she did not deserve it but she wanted pity, and she wanted to be saved from the humilitation of publicity of the scandal. "Save me, were her words in her letter, "not for my own sake, but for the sake of my child and yours." Capt. John's replies were almost merciless at times, but he expressed a willingness not to cast her off entirely, but to provide for her during her life, and to arrange for the transfer of their common property to a trustee for their son. In almost every epistle she hinted at suicide as the only course left open, only she dreaded the exposure that would result from it.

Johnson came home to arrange for the transfer of the property and made a confidant of Dr. WaEefield, an Episcopalian minister of Richmond, and a life-long friend of the family. After a lengthy interview with her they came down town and siayed all night at the hotel, and in the morning her dead body was found in her rooms with a bullet hole through her heart. Her father brought suit to set aside the conveyance of real estate, and that iB the occasion for the presend proceedings. Not one word of this scandal had leaked ont here until after her death, and then only meagre rumors. Johnson was condemned on all sides for casting reflections upon his wife's honor, but he kept the secret until compelled by the court to divulge it. He is prostrated, mentally and physically, which, added to his previous ill health, gave rise to the belief that he was not long to live. In court to-day he declared that he would rather die than to see his wife's letters published, but the judge was relentless.

Mrs. Johnson was a woman of unu anal strength of character and fine literary attainments, and her letters are wonderful compositions. She apparently could not understand the nature of the influence Henry exerted over her and said that while she was in his company she was never for one moment conscious of doing any wrong, only after they had become separated and she heari the terrible rumors did she begin to realize how grievously she had sinned and how bitter w&s to be her punishment. "I am suffering the tortures of hell," she wrote, "and have nobody here to advise me or console me. Oh, my husband, do not cast me on. Save me and save my child do not ruin his future. If you could only know how I have suffered and how I am suffering. Oil, if I could only see yo« again, so that I could explain all."

While these letters were leiug read in court, to-day, Capt. Johnson broke down and cried like a child. Public sentiment here has been alinost unan imously against him, but it is now rap idly changing in his favor, and the opinion is growing that hiB conduct nnder the circumstances could not have been other than it Tfa*.

•K

THE. TERRE

THE BAUR CASE.

The First Day's Testimony in the Libel Suit Against The Express.

The Little Girl on Whom the Attempt was Made on the Witness Stand.

Her Story of the Ocaurrense Told and Retold Again and Again.

Objections Raised by the Plaintiff to Testimony Overruled by, the Court Several Times, \%^y

There was a large attendance in the Circuit court room yesterday morning, it being the opinion that the case of Charles Banr against Geo. M. Allen, proprietor of the Express, for damages for alleged libel, would be called at the morning session, When It was made known that the case would not come up until 2 o'clock the crowds left bnt sometime before the hour named the court room was again filled with an eager crowd. Inside the bar were gathered most of the lawyers and many persons of prominence of the city. The beginning of the proceedings was delayed for a few minutes to await the arrival of Senator Voorhees on the afternoon train from the east. The only testimony heard during the day's session was gives by Marie Duenweg, the child who was assaulted by Banr. Her direct examination by Mr. Mack occupied about half hour. The cross examination by Mr. Sant. C. Davis occupied lan hour and a half, and as will be seen by the detailed report given below was tedious and tiresome. The child, for such she is, was the object of the sympathy of all present, and her sweet manner won the hearts of all. At the conclusion of the examination Mrs.

Duenweg,

the mother, was called to the stand, but before her evidence had proceeded beyond the answers to a few questions, the council for the plaintiff renewed the objections that had several times been made, and the court adjourned until 8 a. m. this morning, pending a decision on the admission of certain evidence. The evidence as taken by the court stenographer Is given as follows::

Marie Friederlcke Duenweg, examined by Mr. Mack, counsel for the defendant, testified as follows:

How old are jon? A.—Ten years old. Do you know Charles Baur? A.—Yes, sir.

Now yon tell the jury what took place at one time last summer when you went to Banr's story. A.—I wont In and asked for turpentine and black varnish.

Did vou go to the store? A.—Yes, sir. Well, what did you do when you got there? A.—I stood by the counter. He said to come back as he wanted me to see the store and not half the store.

Did you have any bottles? A.—Yes, sir. What did you do with them A.—I gave them to him.

Was anybody else in there? A.—No, sir. When I went in Jacob wns there, that is all.

In where? A.—When I went in the store. Was he In the oil room A.—No, sir.

Did you see anybody else In the oil room? A.—There was a nigger down there.

What did you see there? A.—A oolored boy. vyhat did he do? A.—He did not do anything. He came down and he sent him .away wlth.«miebody»

Who did? A.—Charlie. What else did Charlie do then? A.— I went in and he lifted me up In his arms and then told me to keep still and he would not let me down.

What did he tell you? A.—He said I should not say anything—when I screamed out he let me out.

What time was that? A.—When I went In at, first he went to All the bottles. Was that before or after you went in? A.—I do not know—I did not see.

The varnish, did you see him fill that? A.—Yes sir. Well, then, what was done after the varnish was put in the bottles? A.—He had a bicycle. I asked him where It. was and be said it was here.

You asked him who owned the bicycle? A —Yes sir. What else? A.—He asked me if I would ride. 1 told him I was on the elevator already before.

Where? I don't know where it was—it was at Hulman's What was done then after that? A.—He sat me on a box and got on top of me.

How did you sit? A.—This way, and then he got on top of me, and then I laid down.

And then what did he do? A,—This way (shaking herself.) What did he say? A.—Nothing. He said, am I heavy?

What then? A.—My hat fell down and I began to cry and he hurt me across here (passing ber hand across her chest) and let me up and put on my hat again.

What was said then or done, If anyilng? A.—He said I should keep still •d ne would give me some candy. What did he do then? A.—Then he went and wrapped the bottles up.

Then what? A.—Then he gave me two pictures. Where? A.—In the store. Mr. Baur was there.

Where was he? A.—Sittingon topoftbe counter. Where was Jake. A.—Behind the counter.

Where did you go then? A.—I went out and said how to do, Mr. Baur. Then where did yon go?. A.—I went home.

Well, what did you do then when you got home? A.—I told mama, then I cried. What did you tell your mothei

Mr. Davis, for the plaintiff, argued that the evidence was not admlssable as there was no authority showing such was admlssable in a civil suit. Ho cited no authorities because he did not think the court would need authorities on such a

plain point of law. The Court The court as it is advised now, no authority being given, will admit the question.

Thereupon the counsel for the plaintiff said they would get the authority, and in a fewmomentsMr. McNutt returned with the Indiana Reports, and read from the 38th Indiana, the State vs. Thompson, for rape. He argued that the law was very narrow, and that the exception in admitting suen evidence was in criminal cases only.

Mr. Mack replied, saying that in acrimlnal case It devolved on the prosecutor to show a true bill. In this case the defendant proposed to show It was not a libel bnt that It was a true bill. He said ho had not looked for any authorities he had depended on reason to prove to the Jury beyond a reasonable dodbt that this young man sitting here attempted to out rage this cklld.

Mr. McNutt replied at length, earnestly insisting that what was admissible In a criminal case was not admissible in a civil case the law was very closely constroed and In the absence of any authority in a civil case it ought not to be admitted.

How soon did you go home from there After you left thesto,*o where did you go? A.—I weit right home.

How far is It? A.—Between Seventh and Plg'n.h streets. Do you live on Eighth A.—Yes, sir.

Abonttwo squares Is It? A.—Y*s, sir, two and a quarter. Did you go right home after yoa left the store? A—Yes, sir.

And saw vour mother after you got home? A.—Yes, sir. How long after you got home before you spoke to lier about this that happened at the store? How long had you been home? A.—I told her as soon aa got In.

State what was said to your mother, if anything, about your being hurt by him. Objected to by counsel for The plaintiff as being ip competent, Immaterial, etc. Overruled.

State If you told your mother about this what happened at the oil room. (Objected to ana overruled.)

Did you or did you not tell your mother what bad taken place at the oil room, as soon a« you got home? I mean what had

•Siii

happened to you «. .. Yes, sir I told her as soon as I got home. THE CBOSS-HXAMIWATIOK.

Cross-examined by _Mr. Shift Dsn*, counsellor the plaintiff. How old did you say that yon were? A. —Ten.

What did you call Him usually when you would meet him—Charlie? A.—Yes. You live close to their house? A.—Yes, sir.

Yon have known him ever since you can recollect? A.—Yes. He has little sisters, hasn't he*. Yes, sir.

You used to play with them? A.—Yes, sir. And they play with you? A.—Yes, sir.

Yon used to go overto their house to see them? A.—Yes sir.

And they would come to your house?

Did you "ever see Charlie .when you would go to their house? A.—Sometimes. You and Charlie's sister* went down to the drug store together sometimes, did you not? A.—Sometimes, to get things.

What are his slaters' names, do yon know? A.—Nettle. Cecilia and Blanche And you play with tijem? _A.—Yes,,sir.

Are they about your age? A.'—Yes. And size? A.—Nettle is. Are the others bigger or smaller? A.— Smaller.

Who else was in the store besides Jake? A.—He was In alone. Whereabouts was he standing? A.—Behind the counter.

Which oounter was It? A.—This side, (motioning to the west.). Did yon notice anyone, else in the other part of the room 7 A.—I Jnst saw Jake.'

There was no one else in. the room at that time? A.—No, sir. Where was Charlie? A.—He went itftl?e oil room. He was in the oil room before I was in.

What I mean is, was there any onaelse In the room there except Mr. Jake Baur? Can yon tell the getatlemen of the jury whether there was- any one else In the

A a a re

Was Charlie there when-you went in? Can you tell -whereabouts he was when you first saw him? A—No, sir.

Did you hand the bottles to him yourself. did you? A.—I don't know whether I laid them on the counter or whether I banded them to him.

Yon had a bottle and a can? A.—Two bottles. Then what did you do after you handed him the bottles? A.—I stood by the counter.

How long were you there? A.—Until he was almost to the door, and he called me.

Where was Mr. Jake Baur when he called you—was he close to you A.—Yes, sir.

How far from you—feow far was Mr. Jake Baur from you when Charlie called you to come into the room Can not you answer that? A.—I do not remember.

Do you think he was close enough to hear what Charlie said? A.—I should think so.

What was It Charlie said to you? A.— He said, Come Into the oil room I want to show you the whole store.

Had you ever been there before, In the store? A.—Yes, sir. Often? A.—Yes.

State If you were there very long. A.— No, sir. Had you ever been back there before? A.—I can not remember.

I mean in the oil room. A.—I cannot remember. How long now was It from the time you went into thf oil room until you came—how long wci you In there? Tell the gentlemen as near as you can how long you were in the room. A.—Ten or fifteen minutes.

You say ten or fifteen minutes? A.— Yes, sir. Where was the bicycle? A.—Oa the elevator.

Sitting on tbe elevator? A.—Standing up on the elevator leaning against the post.

Who wero the gentlemen looking at the elevator when yon went 1 n.t"net see anybody.

You first saw the bicycle when you went into the room? A.- Yes, sir. And you saw

110

7 7i

i'-Pl

TERRE HAUTE, INDIANA, SATURDAY. DECEMBER 29. 1883.

Av-r-I was teh

When will you be ten? the last of November. When was It you were at the oil room? A.—It was in Mayer June.

You mean last year I suppose A.—Yes, Do you recollect what time of the day it was? A.—It was to the afternoon about three o'clock.

Who was In thestorewhen you want in?

A'You"mean

Mr.Jake Baur* A.—Yes,

How long had you known Charles? A.— I do not remember. Do yon live close to him? A.—Yes,air.

one looking at it at the

time? A.—No, sir. Up to this time you had not seen Dr. Baur, Charlie's father? A.—No, sir.

Well, then, you state that you remained in there ten or fifteen minutes from the time you went in until you came out. A.—Yes.

Did you tell awhile ago all that occurred did you tell Mr. Mack or tell these entlemen here all that occurred. A.— fes, sir.

And there was nothing occurred except what you told these gentlemen awhile ago. A.—No, sir.

You stated awhile ago that Charlie put you upon the box. How did he dethat did he catch you up by the arms? A.—He sat me on the box.

Where was the colored boy? A.—He was standing close to the door. You could not see him, could you. A.— Yes, sir standing close to the oil room door 1 could see nlm.

Could he see you! A.—I do not know. Could he have seen Charlie? A.—Yes, sir.

Was he as far as from where you sit to Mr. Mack—that gentleman there—that far from you? A.—5 believe so.

Where was Mr. Jake Baur at that time? A.—I don't know. Did you see him at any time while you were in the room? A.—No,.sir.

You did not? A.—No, Bir. Did you notice him standing near the door at any time? A.—No, sir, I did not see him.

Where did you see him when you went out? A.—Near the counter near his father.

Is that the first time when you saw his father? A.—The first time as I went out. You say Charlie took you up with his arms this way and lifted you on the box? A.—Yes, sir.

What had you said to him before thatrbad you told him you had ridden on someone's elevator? A.—Yes, sir.

Did you tell him whose It was? A.— Hulman's Did you tell him how Mr. Hulman's elevator was worked? A.—No, sir.

Did you tell him it was worked by steam or water? A.—No, sir. Did you ask him how they worked their elevator? A.—No, sir.

What did he say to you when he placed you on the box? A.—He did not say anything.

Can you tell the gentlemen how large was the box he placed you on? A.—It was so large that my feet could not touch the floor. ii-How large was it on the top, was it on the top, was it much larger than a chair? About this much.

That will be over a foot?—Yes sir. Do you think it was any larger than this chair here? A.—No sir, don't think so.

Do you think it Is as large as ti nt? A.— Yes sir, 1 think it is about that H' ZC. About this sise, a little higher? A.—

Did he let you down lengthwise on the box and catch on to you? A.—He sat me on there and got on top of me and I had to lay back. Just my body was on the box.

You laid back with your head on tbe box! A.—No sir. Where was it? A.—It was down.

Was it on the box? A.—No, sir. Can you tell the gentlemen how you were laying when he got onto you? A.— Straight along on the box.

Did he get- up onto tbe box also? A.— He got on top of me. Did he He down, too, lengthwise? A.— Yes, sir right along on the box.

How were you lying when your hat fell off? Were yon lying or sitting np? A.— Lying straight on the box.

Ana your hat rolled off? Where did It roll? A.—Right by the box. Next to the elevator? A.—Ye9, sir.

At which side? A.—In next to the elevator. On the side from tbe elevator? A.—Yes, sir.

How far from the elevator was the box silting? Was it close tothebox? A.—No, sir: not very.

Not very close to the box? A.—No, sir. Wns the elevator as fat as Mr. Maok is from that box where you were lying. A.

As fur as Mr. Mack is from you. A.— Yes, sir. Do you think it would be any further? A.—No, sir.

When he had you down npon the box and your hat rolled off, what did this colored boy do or say A.—He was out then, already.

Where did he go? A-— I dqn't know. As soon as he placed you upon the boxI mean Charlie placed you upon the box —then the colored boy went out. A.—No, sir.

You stated awhile ago that he was as close to you when Charlie placed yon on the box. What was it that Charlie said to the colored boy front the top of the elevator about the can? A.—rdid not hear him.

There was no talk about the can—no oil can? A.—I bad two bottles. Did not the colored boy come to the elevator and speak to Charlie? A.—He *w down in tbe oil room,

He went out in the store when Charlie pntyopoh the box. A.—I do not know. You do no* know whether he went up •tain or Into the drug store. A.—No sir.

Was lldark in there? A.—No sir. Was it light? A.—Yes sir. Did you notice any of the doors—were the doors closed or open? A.—Open.

Did you notice how many doors there were* A.—No sir. Dld yon notice anybody else In the ptore? ,A.—No,sir.

New, then, you tell the Jury, will you, how long Charlie had yon lying there on -thliCbax—tell the jury as-near aa you can. A —One or two moments.

You meaa by that one or two minutes? ig» Or seconds? A.—I mean minutes. Had you lying there ene or two minutes? A.—Yes, sir.

You say that when our hat rolled off you were lying down with you head on the box? A.—Yes, sir.

Yon did not cry until your hat rolled off? A.—When he got on top of me then my hat rolled off.

yon cry again? A.—I was crying

Did

then. Did you not state awhile ago that vou did net cry until your hat rolled off? A.— No, sir.

You state now, do you, and you say you stated to Mr. Mack awhile ago that you had been crying before your hat ro. off? A.—Yes, sir.

State to these gentlemen here why you did not tell Mr. Mack a while ago only ronr hat rolled off. A.—I was crying be'or© He bat rolled off.

I will ask yon to tell these gentlemen now wfiy you did not call to that colored boy when Charlie got on you? A—I did not call to him.

Why did not you call to him Charlie ..as hurting you, was not he? A.—No one was them

You saw him when he was lifting you on the Sox—how often did be put you on that Met? A.—JuBt once.

He .Ottly put you on the box once. A. ilr. And when he lifted yon on the box, yon saw the colored boy A.—He was out.

How long was he out? A.—As eoon as— He was not upstairs? A.—I don't know. Where was he, where did he come from then A.—I did not see him.

How long, tell the Jury, was It from the time you saw the colored boy until Charlie put you on tbe box? Jnst tell these

?he

entlCmen how long it was, now, after colored boy hacl left you until he jlaced you on the box. A.—It was two or hree minutes.

Now tell us where he went when he Went out. A.—I don't know where he went.

How long was he gone? A.—He did not come back. Did you see bim, at all, after that? A.— No, sir. ^Do you think he was any place near? »yo ..—No, sir.

Yon do not? A.—No, sir. You had seen Mr. Jake Baur when you came in? A.—Yes,-sir.

Did you call to him? A.—No, sir, I began to cry and he got right up. Why did not you call to soi thought you told the Jury a while ago before your hat fell off, A.—No, sir.

Then as soon as yonr hat fell off you commenced to cry and he got up? A.— Y©s sir.'

Who picked your hat up? A.—Charlie did. What did he do when he picked it up? A.—Put it on me.

Did you brush the dirt off It? A.—No, sir there was none on It. How do you know there was no dirt on it? A.—I saw it.

Were you crying then. A.—Yes, sir. Were you hurt too bad when yon were crying? A.—He did not hurt me very much.

You were not hurt very much as to call nis attention to It? A.—No, sir. Where were you hurt? A.—Acrosshere (pointing with both hands to the stomach). I was crying when he got on top of me.

I thought you stated awhile ago th»t vou did not cry until your hat fell off. A.—No, Bir.

You say that you saw Mr. Baur as you went out of the drug store? A.—Yes, sir. What was it you said. A.—"How do?"

Did you tell him Charlie hurt you. A.— No, sir 1 went straight home. Why did not you tell Mr. Baur that you were hurt Cannot you tell those gentlemen why you did not tell Mr. Baur that Charlie had hurt you? A—No, sir I eannot tell them.

Where were those pictures—on the counter? I mean the pictures Charlie gave yotf. A.—I did not see where he got them.

K. you? dfa ne^ A—

Yos sir Did you tell Charlie that you were hurt? A.—No sir.

How long did you stay out there after you came out of the oil room? A-—I went right through.

What did he Bay to you about the pictures. A.—He said he would give me candy, and then gave me the pictures.

Why did you not insist upon his giving you the candy? A.—I did not want any. Did not you come out of the room before he did? A.—No sir.

You waited In the room until he passed out? A.—He went out and I went out, then he went and wrapped up tbe two bottles.

How Ion? did it take him to wrap up the bottles A-—Not very long. How far was old Mr. Baur from you when ho handed you the pictures? A.— Not very far.

Have ycu got those pictures yet? A.— No, sir. What did you do with them? A.—I tore them.

When did you tear them up? A.—As soon as I got home. Who told you to tear them? A.—No one.

What were they? A.—Fregs and flow^Advertising pictures, were they? A.—

Just advertisements? A.—Yes. And had frogrand -flowers -on'them? A.—Yes, sir.

Why did you take them? A.—He handed them tome. Did you then tell him that he had hurt you? A.—No, sir.

Why did not you tell him he had hurt yon when he laid on you? A.—I began to cry.

Why did not you tell him- when he handed you the pictures that he had hurt you? Cannot you tell the Jury? Cannot you tell these gentlemen why you did not tell old Mr. Baur that Charlie had hurt her? A.—No, sir. you quit crying as soon as you got up? sir*

Just as soon as you commenced to cry did hegqtup? A.—Yes, sir. You madeno effort to call any one?. A. —No, sir.

You knew that old Mr. Banr was In the room? A.—No, sir. You Knew that Mr.Jake Baur was in the room? A.—Yes, sir.

And all these doors were open, you said awhile ago? A.—One door. No more than one? A.—No, sir.

Only one! A.—Yea, sir. Which one was that? A.—The one that you go Into the oil room.

Did you see any glass windows there. A.—I cannot remember. Don think you were in there about ten or'flfteen minutes? A.—Yes, sir.

Was the door closed after yon went into the oil room A.—I do not remember now. £id you see Jake go to the door at any time while you were In there and talk to the colored boy up above? A.—No. sir.

Did you bear Charlie talking to the colored boy? A.—Yes sir. What did be say—did you hear him talk about the neatsfoot can A —No, sir.

Did the boy come to the elevator and talk down to him? A.—No, sir. He did not? A.—No, sir.

Was he talking to him A.—Yes, sir. Then you know that he was up stairs, do you? A.—I do not know.

You heard him talk? Yes, sir. Do you think he was up stairs? A.—1 did not seehlm when he came In.

What do you think about It, was he in the drug room, or up stairs? A.—I thought maybe be came from the room back of the store.

From a room back, off of the oil reom. A.—There was a door right there. Which side of the house was that door on. the south side? A.—Yes, sir.

Then you thought he came through the south door, into the oil room! A.—Yes, sir.

You could not state, then, where be was? A.—I saw him when he came In, but 1 did not see from what direction.

When he was ont of the room, and Charlie was talking to him, where was he? A.—I don't know.

Was he unstalrs? A.—I do not know. Biow long did they talk together? A.— About a minute or so.

You can not recollect what they were talking abont? A.—No, sir. What was Charlie doing when he had th's talk with tbe colored boy? A.—I could notsee what be was doing.

He was close to you, wasnt be? A.— Yes sir. What was it Charlie said before he put you on the box A.—I cannot remember.

Were you scared? A.—Yes, sir. You were frightened at that were you A.—Yes, sir.

Why aid not you scream if you were frightened, yon knew that Jake was in the next room, didn't you. A.—I don't know whether he had gone ont or not.

I understood you now, sissy, to state that that bicycle wa* In the oil room leaning np against the post of the elevator? A.—Yes, sir.

Waa that right? A Yet, sir. Direct examination by counsel for defendant

How many times did Charlie tak« hold •f yen and lift yon? A.—Twice,

'i -'S-M

How much talk did Charlie have wltn the darkey? A.—About a minute. What did he tell bim? A know.

The darkey came in the room A.—No, air. Where did he go then? A.—He stood close to the door.

Did you see him any more after that A.—No, sir. About your clothes: What was done to. your clothes when you were on the box? A.—He lifted my clothes up about this far (pointing toward the stomach).

Cross-examination continued: Yon tell Mr. Mack now that Charlie lifted up your clothes. You did not tell him awhile ago about It when be was talking to you. A.—Yes, sir.

You told him that the first time? A.— Yes, sir. Did yon tell these gentlemen bere that yon told Mr. Mack twice about his lifting up your clothes? A.—No, sir only once.

I mean since you have been testifying? A.—No, sir. You have not told him but the one time since yon went on tbe witness stand? A -Twice.

You told him awhile ago, when he examined yon before I did, and then this time? A.—Yes, sir.

Did you not tell me a while ago that yon told Mr. Mack here all that was said and done in the room there, while Charlie was in therewith you? A.—What Is that?

Did not you tell mea while ago that you told the gentlemen of the jury everything that had occurred? A.—Yes, sir

By Mr. Mack: Your recollection is tbat you told me at first that he lifted your clothes? A.—Yes, sir.

That is a fact tfcat he did lift them A.— Yes, sir. Cross examination continued:

Tell the Jury now how be lifted your clothes, what he did? A.—This far (pointing with both hands toward the stomach.)

Did he reach down or did he ralBe yon up? A.—When be got on top of me. Did he unbutton his pants? A.—No, sir.

Did he try to? A.—No, sir. He did not make any exposure of his personc A.—No, sir when he was getting on top of me he caught me wlth hls knees.

And not with his hands? A.—No, sir. Mrs. Duenweg having been placed on the stand, testified as follows.

You are the mother of the little glrl« are you not? A.—Yes, sir. How old is the little girl A.—Ten years last November.

What is her name? A—.Marie Frederlcka Duenweg. Have you recollection of the clrcnmstandes of her going to Baur's drug store? qu sir*

Did you send her? A.—I did. What time? A.—Pretty near three o'clock.

Went after something? A.—She went after black varnish and turpentine. You saw her when she came back A. .Yes.

Did'she make any complaint to you of an outrage having been committed on her at the store there?

The same objection waa raised to the admissibility of the testimony that had raised the dispute on the admission of evidence by the child.

Mr. Mack said that if In a criminal ca«e where liberty was at stake, such evidence was admissible how much more proper it was when a question of property only was Involved.

The court held while It waa admlssable In tbe direct testimony of the child, tbat pending the citation of authority the court wonld stand adjourned until this morning at nine o'clock.

ifei

PERSON All.

Mr. B. S. Cox is in Pittsburg. J. M. Sheets, of Paris, is in town.s Mr. H. P. Townley is happy—twins, girls.

E. Bigby, of Brazil, was in the city yesterday. Jas. Gill, of tnllivan, was in town yesterday.

Mr. E. W. Bippetoe is suffering from a sprained hand. Ota«ar.-'S. Arcfaertmd' wife,- ttf-^vatw ville, are in the city.

B. L. Ball and wife go to Chicago today to visit relatives. W. D. Ewinj secretary and treasurer of the L. & T. H., is in the city.

Brazil Miner: Patsey Sairs, of Terre Haute, spent Christmas in the city. MfS. Ed L. Speare, of Fairbury, HI., is spending the holidays with relatives.

Harry K. Gaurdle and Levi Williams of Marshall, were in thecity yesterday. J. N. Langworthy, J. F. Hyatt and J. W. Danhour, of Clay City, are in the city.

Indianapolis Sentinel: W. C. Ferryman, of Terre Haute, is at the Denison.

J. M. Utter, H. C. Anthony and C. Bargdell, of Paris, were in the city last night.

H. H. Fuller, P. Fuller and Miss Bosa Hall, of Charleston, 111., are in the city.

The Hon. John Briggs, of Sullivan, was in the city yesterday and last evening.

Mr. Henry Werner, of Brooklyn, New York, is visiting his sister, Mrs. Emil Baur.

Mrs. Bobert Jones, of Lafayette, is visiting her daughter, Mrs. Thomas Benbridge, on Eagle street.

Vincennes Sun: Mrs. Kate LeBarte and daughter, Lurline, are visiting Mrs. Chas. Wheeler, in Terre Haute.

Mr. Frank Hedges, who has been visiting his parents on north Eighth street, nas returned to Salt Lake City.

Brazil Miner: Clark Bigby, of the Polytechnic institute, Terre Haute, iB spending the holidays with his family.

W. H. Frayman, proprietor of the Grand Central hotel, New York, passed through on No. 2 yesterday, bound for New York.

The Hon. Andy Humphreys, of Greene county, who is the coming man for the Democratic nomination for congress in Mr. Cobb's district, was in the city yesterday.

Brazil Miner: Dr. Joe C. Gifford and Will Kay, went to Terre Haute Monday evening. The doctor, while there, purchased the finest sleigh ever brought to this town.

Miss Minnie and Miss Josie Hill, daughters of Col. Hill, of St. Louis, general superintendent of the Vandalia, are in the city, the gnesta of their friend Miss Mattie Prescott.

Hoosier State: It is rumored in Terre Haute that Sam iJ. Biley, of the Brazil

Attorney Oeneral Brewster Not Allowed to Resign. Washington special to the Indianapolis

Times.

It is stated here npon what appears to be good authority that Attorney General Brewster has urged the president dnring the past werk to accept his resignation. The president is said to have replied, "No I can not let you go now. 1 see by the newspapers tbat a congressional investigation is to be made into yonr department and vour connection with the star rottte trials, and you must stay with me and fa» the music." Mr. Brewster says he is getting old, and has so much private business as he can or cares to attend to. He is known to have told friends last March that he wonld go out if he conld by August, and that he did not want to be bothered by an investigation. It is presumed now that the president has several times since then reiuaed to let him go ont,

HELL HIGH!

My Rates Must be Bedneed to $3 for Xy Office and $2 for My Residence on Jang, nary 1st

Or, By the Eternal, Fli Hello no More, ifthe Demand is Not Complied With!

Enthusiastic Meeting

the

Gonrt

House Last Night—Tile .'PhQnejt Ordered Oat

The Manager Receives Instructions ...Prom Chicago—No Concea•ions—A Bluff,

The telephone war is -growing more interesting. The enemy have been charged, and it will soon be decided whether they will retreat or die in the trenches. The meeting called at the court house last night, to hear the report of the qpmmittee sent to Chicago, and to decide on fnture action, was attended by many of the representative business men of the city, and was very enthusiastic throughout. Gol. Hunter called the meeting to order, and Mr. Philip Schloss was called to preside. Mr. Jacob Early was made secretory. On taking the chair Mr. Schloss told the object of the meeting. As far as the work of the committee he wonld report, as one of the committee, that the committee went to Chicago, and followed ont their instrnctionB. He had to report that the officials of the Telephone company wonld make no reduction.

By request the secretory read letters from the mayors of several cities of this state and of Illinois, setting forth the telephone rates in their respective cities. The following were the rates:

Crrnw.

«ic

*18

Indlanapollfc. Loganaport. Richmond Lafayette PU Wayne Kvansvllle Decatur. Ill Rushvllle, Ind

6 00 4 00 4 00 4 00

4 (SO 300 800 8 9

7 88%

*4 00 f6 00 4 00 5 SO

*S00 f4 00 300 2 SO

78%

•Business houses, 15 If over half a mile from exchange, and residences $4. tRates within half mile of exchange.

Mr. Schloss, continuing regarding the visit of the committee to Chicago, said that they had a conference with the vice president and general superintendent of the company, lasting nearly three hours, and as he stated they were forced to return home with "no" for an answer. The petition, after the committee had done all in their power to get a different answer, was handed over to the officials. They took it very hard. Pince their return home they had received a letter from the official, as follows CENTRAL UNION TELEFKI^I COMPANY,

GENERAL OFFICES 110 LA BAIIJUE 8T., CHICAGO, December27,1883.

ANSON

STAGER, President.

NORMAN WILLIAMS, 1st Vice President, D. H. LOUDERBACR, 2nd Vice President. W. 8. CHAPMAN, Sec. and Trees. E. O. BEACH, General Superintendent. C. H. WILSON, Asst. Gen'l. Supt. Phillip Schtott, A. J. KeUey and other*,

Sitbfcrlbert to the Terre Haute, Indiana, I'elcphone Exchange: GENTLEMEN—We have to acknowledge recipt of your petition for reduced rates for telephone services at Terre Haute, and in reply beg to say that in an interview with the committee appointed to represent you we have explained the position of this company in a friendly and satisfactory manner and it is to be hoped we convinced them that the concessions called for were impracticable.

We stand ready with a desire to do everything In our power to Improve the telephone service and invite just complaints of any abnsea which may exist with a view to their correction.

We have recently developed a system of telephonic communication between your city and neighboring towns in that and other counties, thus affording a much cheaper and more ready means of communication than heretofore existed, and we had contemplated a much further extension of their facilities In that vicinity.

The telephone business is yet in its Infancy, and much- has yet to be done before reasonable returns can be received upon much of tbe capital which has been Invested.

It is our impression tbat a large nnmber of those who signed the petition referred to did so under a misapprehension of facts, and we sincerely hope tbat tbe matter may receive your fair consideration before taking final action.

Miner, is going to be married onNewiej7 the superintendent asked. Year's day. Her weight is 210 tbs. and "'I a gentlemanly way,'I replied, she iB said to be pretty and very sweet. She has our sympathy.

Mr. Schloss called upon Col. Hunter to state how the names were secured. Col. Hunter said there were many in the house whom he had visited with the petition. He asked them if they coula afford to take them ont He used no argument except, "Down she comes or out she goes! If there was any man in the house to whom he used a different argument let him speak. [No one answered.1 The colonel called on Mr. Ed. Ellis, who was with him part of tbe time, to explain the argument used.

Mr. Ellis corroborated the colonel's statement. He moved that the report of the committee be adopted. Carried unanimously.

Mr. W. W. Byers, one of the committee who had visited Chicago, was called upon to make a statement of their conference with the officials. He said that Mr. Schloss had said all there could be said on the snbiect.

Col. Hunter suggested tbat a collection be taken to repay (he committer jJUt had cost them to visit Chi-

Mir BtfrtUAe* la 1851.

cago. Mr. Schloss and Mr. Brers said they would donate their expenses. A vote of thanks was given the committee, on motion of Mr. Ellis.

Dr. Richardson asked if the committee had asked for any specific reduction. j.

In reply, Mr. Schloss said he could only refer him to the petition. The committee did not ask the officials for propositions.

Dr. Richardson said he asked the y.,, question because the inquiry Had been made. He asked if there had not been some mistake made in asking for yT rates lower than in other cities. If the committee had asked for lower rates, possibly lower rates might have been obtained.

Mr. Bvers said that he asked one of the officials if there was not a possi-

bility of securing lower rates than the present ones. The official answered %o."

Mr. Schloss said he told the officials s»: that the citizens of Terre Haute were not of the stripe that would not treat a i-«' corporation right if they were UBed right. He cited to the officials other cities the size of Terre Haute where

the charges were less. In reply the officials Baid that the charges were the same as they were when the company pnrchased the exchange of the Terre Haute company. They treated other cities the same where they purchased exchanges. The committee conld get no satisfaction from the officials.

Mr. Eugene Duenweg asked that the petition be read, which was done. The committee had reported that the telephone company had refused to make a reduction. The question now was, wonld the gentlemen who signed the petition stick to it? [Applause.]

Mr. John T. McCoy, manager of the Buckeye store, Baid he was willing to abide.

Mr. Ellis said he wonld not go back. Mr. C. H. Goldsmith moved that the telephones be taken out.

M.\ James Foley, of Owen, Pixley & Co., said their telephone was contracted for till May 1. When the time was ont he woula take his out. He seconed Mr. Goldsmith's motion.

The motion was carried unanimously. Captain S. E. Armstrong—"The man who signed the petition and will not take it out will break a contract." ipplanse.]

A lengthy discussion took place as to the legality of tbe notice given the telephone company officials—if it was

not obligatory on every subscriber to notify the agent of the company in writing over his own signature. After securing legal advice, it was decided that the petition was a notice to the company to remove the telephones of all who had signed the petition.

After arranging for the committee to wait npon the manager of the company in this city to-day, read the petition or notice with all names affixed, ordering the telephones out on January 1st the rates are not reduced to $3 for business and $2 for residences, the meeting adjourned, to meet at call of committee.

After adjournment a large number who had not heretofore signed the petition, done so. The petition can he found at Col. Hunter's stables, on south Third street, till 11 o'clock today. At that hour the committee will wait upon the manager of the company ana read the notice ordering the telephones out on January 1st, if the rates are not reduced.

The general tone of conversation of all present was that there will be no backing down, that the halting point had been passed, and it was too late to turn back.

The reporter was informed last evening that Indianapolis is waiting to see the result of the fight in this city, and that it is more tnan likely that music will be heard from that,city er'e long. f-

Very respectfully, K. G. BEACH, Gen'l Supt.

As a last resort, Mr. Schloss stated, while they were conferring with committee, they read the petition to them.

How were the signatures obtain

'Was there not some means used to obtain them—something in the spite-work line?' he asked."

tU Stj-V

Stjisi

It was agreed that the signers will not use their telephones after January 1st, even though they remain in their -. offices. They will answer no "rings."

A BLUFF. VS.

Manager Goodwin, of the telephone exchange, received the following from Chicago last evening.

CHICAGO, 111., December 28.

To E. M. Goodwin, Manager Telephone Bxchange: Did you receive letter for presentation to meetlngto-nlght. No concession can be made, we prefer to close the exchange .. and withdraw our business entirely from the county. You will recelvc instruetlons from Superintendent Hockett for disposal of apparatus and other property as takendown. F. G. BEACH,

General Superintendent.

The message was received too late for presentation to the meeting. The fight has surely reached that point where there is no turning back. Every man who has signed the petition has agreed to order his telephone out if the reduction is not made. The question iB, will they do it? From the character of the men signing the paper it is to be presumed that they will. In the above telegram—which was intend- -. ed should be read at the meeting—the citizens who signed are dared to go forward! It is enough to raise lloosier blood.

Annual Meeting.

The annual meeting of the Firot Congregational church and society of Terre Haute, will be held at the church on Monday evening, January 7th, 1884, at 7:30 p. m., for the election of five trustees and tor such other business ss may properly come before it.

Fatally Shot by Bis Dojf. Kankakee, 111., Special. On Christmas morning George Case, ^. a young man living at Peotone, a village about fifteen icllee northeast of here, went hunting. When he reached

the woods he halted and rested the butt of his cocked gun on the ground, .=• the muzzle pointing toward his head. Case then called to his dog. which was running about a short distance off. The animal ran to his master and jumped up on his breast. In doing so be presed the trigger with one of his hind feet, and the gun was discharged, instantly killing Case, whose dead body was carried back to the bouse about three-quarters of an hour after he had gone out.

A Bnaalan Prison.,

VJ.

Here is a description of a Russian prison, written by Professor Thun, of Leipsig: "The prison of Kara, near Irkutsk, is said to be one of the worst. It is an ordinary farm house, surrounded by a high fence. There are no tables or chairs, only platforirR, on which the prisoners lie packed like sardines. Tne food consists merely of bread and sonp, with a very little grit, There is no hospital or other care for the sick. All those condemned to hard labor are compelled to wear chain*, whether at work or in prison, and all correspondence is forbidden.

Fog Is said to be a good disinfectant. Give us a log these nights when the pork houses are in bloom. i.1

sfVi