Jasper County Democrat, Volume 10, Number 25, Rensselaer, Jasper County, 21 September 1907 — Page 1

Jasper County Democrat

SI.OO Per Year.

TOO DEAD TO EVEN SKIN.

Abe Halleck, the Libel Suit Bringer, Knocked Out On First Round.

ONLY FIVE MINUTES IN COURT

End of Another of the Notorious Libel Suits to Down The Democrat.— And the Taxpayers Pay Abe’s Freight. The latest case of the state of Indiana —Abraham Halleck prosecuting witness —against the editor of The Democrat, came to an abrupt ending in the circuit court Monday. This was the one arising out of the publication of a little item in this paper last December, in referring to the trouble over in Newton county regarding the letting of the court house furniture contract, in which a story current here regarding some leather covered couches that came on with our own court house furniture was mentioned. Halleck thought, or claimed to think, the item was aimed at him, and he got busy on his typewriter and ground out an affidavit charging The Democrat man with having libeled county commissioner Fred Waymire and himself. Fred was pushed forward in the affidavit before the modest Abe, but he never joined in the affidavit, so it was Abe himself who signed it, and deputy prosecutor Leopold affixed his “John Hancock” to the instrument and the “offender” was arrested and baled into court. For reasons that need not be mentioned here but which have been manifested heretofore, it had been deemed best to take the score or more of criminal suits instituted by this man Halleck, against the writer, out of this count} for trial, but this was a so exceeding, ly flimsy case that it was determined to argue the motion to quash before Judge Hanley here, and when he held the affidavit good and a change of venue had been taken from him, to try it right here, Ex-Judge Palmer of Monticello was called to try the case. Judge Palmer is generally conceded to be a fair and impartial judge and a good lawyer. The case was called Monday at 11 a. m., and the work of selecting a jury was at once begun, both sides having stated they were ready for trial. The “state” was represented by the prosecuting witness and deputy prosecutor Leopold, while the defense was represented by attorneys Honan and Williams of Rensselaer, and State Senator Will R. Wood of Lafayette. Mr. Wood has bad a great deal of experience in criminal law and is considered one of the best criminal lawyers in Indiana. He stated at once, when first called into the case, that there was nothing to it, that there was no libel whatever in the article, etc., etc. After the jury was sworn and the first witness for the prosecution had been called—Halleck—and a few questions had been asked him, some of which opened up the way for some interesting testimony on the part of the defense had the case gone On, an attempt was made to introduce the real article in the paper in which it was published and in its original form. It is necessary tossve objections during the progress of a trial on which to appeal should the altogether unexpected happen, and here the defense offered its first objection, on the ground that the article as published was not the article in the affidavit, there having been a lot of matter “read into” the article other than was published, and a part of the article omitted entirely. The court compared the affidavit with the article, then excused the jury while a brief argument for and against sustaining the objection was made by the attorneys. The court was inclined to sustain the objection but told the state that it would give it plenty of, time to look up and present any authorities it could find in support of the affidavit. Abe and Mose then got busy and hunted about among the stacks of law books for an hour or more, prespiring very freely, for it was a hot day, while the court repaired

to the judge’s rooms and enjoyed a cigar. He told them when they got ready to proceed to call him in. After an hour or more’s vain search they completely wilted, and the court and jury were called. The prosecution admitted that it could find nothing to support its contention, and the court then sustained the objection and the case was ended; The defense asked to have the court instruct the jury to return a verdict for the defense, but the prosecution was let down as easily as possible, and allowed to dismiss. Thus ends another of the numerous libel cases this man Halleck has brought against The Democrat man in the past eight or nine years. The county treasury is depleted another hundred dollars whether anyone’s personal spleen has been gratified or not. The poor tax-payer pays the bill for a special judge, jurymen, court costs, etc., and if anyone is benefited it is the instigator of the case who pan draw some consolation in the fact that in a state case the state’s law machinery is used, while the defendant must pay his attorneys out of his own pocket. There were reasons why we should have liked very much to have had this case proceed, as some interesting testimony would have been adduced, but it was necessary to save the objections, and the first one, entered about three minutes after the case was begun, being sustained, kicked the prosecution higher than Gilderoy’s kite, and the case was over with.

NO PAY FOR FURNITURE YET.

Kentland Democrat: M. C. Uiery was over from Brook Monday for the purpose of drawing his pay of $2,591.17 for the furniture which he placed in the court house about a year ago, but, sadly for him, be did not get it. At their annual meeting last week the County Council made appropriation for the amount above stated and bn the same day the county commissioners, then also in session, approved and allowed it, and accordingly he called on Auditor Purkey Monday and asked for his order for the payment of same. This, Auditor Purkey declined to draw, however, on the grounds that since Judge Reynold’s decision that his (Ulery’s) contract for the furniture was illegal because of the irregularity of his bid for the same he could not understand that he had a right to draw his warrant for the payment of his claim. Auditor Purkey contends that since the Court’s decree that Mr. Ulery’s contract whs not a Idgal one, he, technically and in the “eyes of the law, had no cdntract at all; that he, virtually voluntarily placed the furniture in the court house and that therefore he could not permit of the payment of the claim—with the peoples’ money—and besides he questions if their would not be some danger of some taxpayer instituting suit against him for recovery on suoh action. Mr. Purkey then suggested to' Mr. Ulery that if he cause a letting for his work to be readvertised, make his bid and contract in regular form, and have his claim then allowed, thereby making it absolutely safe for him to draw his warrant for its payment, he would do so, but this Mr. Ulery refused to do, saving that someone might underbid his price and secure the contract. Mr. Purkey finally informed him that he would have to have a circuit court decision on the matter before he would think of being a party to the payment of his claim. And thus the matter still rests.

BIRTH ANNOUNCEMENTS. Sept. 14, to Mr. and Mrs. Ora Fay of Parr, a son. Sept. 14, ’to Mr. and Mrs. Thomae Lang of Surrey, a daughter. A ■ Sept. 16, to Mr. and Mrs. James Hemphill, in town, a daughter. Sept. 16. to Mr. and Mrs. Chas. Elder, twins, boy and girl. • Sept. 16, to Mr. and Mrs. Harry Rishling, of near Pleasant Grove, a daughter.

Rensselaer, Jasper County* Indiana, Saturday, September 21, 1907.

TO SEEK OIL IN WHITE COUNTY.

Monticello Herald: Capt Snyder is still securing leases for oil lands in this oounty. He and C. D. Meeker have secured over 1,200 acres in one body in Cass township belonging to Messrs. Meeker, Timmons and Snow, and the oil derricks are expected there soon. About 500 of the 1,000 acres required have also been secured north of Norway, including the Moorhouse and Conwell farms and several others.

HIGHT WORK WELL HERE.

Evansville, Ind., Sept 16.—Tobacco in all shape has been barred among the students at the-Evans-ville high school. The principal of the school has issued an order forbidding the boys who attend high school to smoke either on their way to school or on their way home. Principal Young says the first time he smells tobacco on a student he will send him home where he must remain until nis clothes have been properly fumigated.

AN ATLAS OF JASPER COUNTY.

Mr. C. W. Warner, representing the Geo. A, Ogle Co., publishers and engravers, of Chicago, is here gathering data for a oounty atlas which his firm expect to publish of Jasper county providing a canvas of the county justifies them in doing so. The work will be in large book form with each township on a page by itself. It will give the names of all the farm and land owners and the acreage owned; also the location of school houses, churches, roads, etc., and- plats of the towns.

GEO. M. MAINES DEAD.

George H. Maines who has been suffering from gangrene in one of his feet for some time, died at 8 o’clock yesterdaymorning A clot of blood on the brain caused a paralytic stroke Thursday night, resulting in death. Deceased was 69 years of age and leaves a widow and several children. He had resided here about eight years, moving here from Illinois. He was a member of the G. A. R., and a highly respected citizen. Funeral arrangements had not been made at the hour of going to press but burial will likely be today.

A BIG REAL ESTATE DEAL.

C. P. Wright negotiated a real estate deal this week whereby Frank Prevo of Kewana, 111., became owner of the former Ransford brick block on Washington street, together with the stock of goods contained therein, and the former Ransford property on Scott street, both of which were recently traded off by Mr, Ransford to a Mr. O’Neal of North Vernon for land in Jennings county. A fine 200 acre farm near Denham, Pulaski county, was traded for the property here. Mr. Prevo will move here in a few days, we understand, and will probably engage in the livery and buss business and will also occupy the store buildi&g with a line of business, probably the buggy and carriage line.

JOHN WENT FISHING.

John Martindale, one of the county commissioners who contracted for the new court house furniture—but did not join in the contract for the dock —was named in the affidavit in the Halleck case against Babcock as one of the prosecution’s witnesses, and it was supposed, of course, that he would be there, but the defense learned Monday morning that the state had not summoned him. John is alleged to have told some stories to different parties regarding certain happenings when he was a commissioner that no doubt the public would like to have him repeat under oath, and as soon as this was found out the defense Sot out a subpoena at once for Mr. [artindale, but it was then foand that he had gone np to the Kankakee fishing, for the day. Funny wasn’t it?

The new patterns in Hart, Schaffner & Marx dress suits, at The G. E. Murray Co., are swell. Peach Sale Sept. 24 and 25th, Tuesday and Wednesday. * Chicago Bargain Store. Watch and wait for the great enameled ware sale, to take place on Sept. 30,1907, at the 99 Cent Racket Store, Rensselaer. Ind, Lots of pieces worth as high as one dollar—all go, your choice at 29 cento. Remember the day and date of sale.

CAN’T WAIT.

Deittle and McCoy Break Out of Jail. SAW THROUGH BARS AND ESCAPE. n _____ Horsethief and a Would-Be Rapist Take “French Leave” of Jail Mon- • day Night.—Still at Liberty. For want of a nail the shoe waa lost! For want of a ahoe the horse was lost! For want of a horse the ma n was lost— And all for the want of a horseshoe nail. [The escape of two prisoners from the county jail Monday night calls to mind the above lines that appeared in a reader that was used in the country schools of New York state when the writer was a boy, and suggests the Moral at the bottom of this article. Ed.]

In fooling away the circuit court’s time Monday on Halleck’s ‘•case” against the Democrat editor, the trial of John McCoy,the wouldbe rapist, which was set for the same day, has been delayed, temporarly at least. McCoy decided that such dilatory tactics were improper, and as the day and hour for his trial had come and gone and his attorney —Halleck—was otherwise engaged in using up the time of the court, he quietly slipped his body through a hole that he had cut in the bars of the jail Monday night, and with Frank Deittle, the Newton county horsethief, departed in the early hours of the morning for some healthier olime. —— The sheriff and his family calmly sept on, dreaming of the time when they could return to their own vine and fig tree in Walker tp., where the dares and responsibilities of official life would be unknown, ’Abe is supposed to have also been taking a few cat naps while studying up some new “case” against The Democrat man. But his client was not asl£p. Armed with an old pair of scissors he and Deittle worked industriously for several days, it is supposed, in sawing away at a couple of bars in one of the east windows to the jail corridor, carefully covering up all traces of their work with soap. And when the city was asleep and the nightwatch was peacefully sno —walking his beat in some other part of town, and the man in the moon had accommodatingly hid his face behind a cloud, they carefully squeezed their bodies through the hole in the bars —which was large enough to admit of a large man, shch as McCoy was, to pass through easily —and slid down a towel hitched to another dar, to the ground, and decamped, vamoosed, skidooed and skeedaddled.

They are supposed to be still on the skeedaddle. At least they had not been apprehended at the |time of going to press, although the telephone wires have been kept working overtime and the sheriff and his deputies have scoured the entire country. The getaway was first noticed by James Brown, who was passing the jail about five o’clock Tuesday morning. He saw a towel hanging out of the window and told Joe Jackson, the bussman. Together they made an investigation andsaw that something unusual hadhappened. Sheriff O’Connor was aroused and it was found that his two prisoners had made good their escape. An active search has since been made without reeult, although some clues are being followed up that may lead to something. _ Diettie’s wife in Paris, 111., had sent her husband some money a few days previous to his escape and had sent him some papers to sign in the transfer of their residence property there, she having sold same, and she left Wednesday of this week, presumably to meet her husband at some pre-arranged point. Both prisoners were pretty certain of having a good long term in the penitentiary given them, and while McCoy would have been tried Tuesday, Deittle would not have been tried until court sets in Newton county next iftonth. McCoy is a big, full faced, heavy set man, about 36 years of age, 5 feet and 10 inches in height and weighs about 185 pounds. Deittle is 49 years of age, about 5 feet 6 inches tali ana weighs about 135 pounds. He is a Ger-

man, and speaks English very imperfectly. These prisoners were the only ones in the jail for some time and they had been given the liberty of the corridor outside their cells and were not locked in their cells at night. Moral:— Had the machinery of the law been used in pursuing real criminals instead of imaginary ones, McCoy would now be safe in the penitentiary, no doubt, and the taxpayers of Jgsper county would have been saved a whole lot of expense in hunting the escaped criminals and repairs to their county jail.

PUBLIC SALES. Wednesday, Oct. 9, Lawrence Sayler, 2| miles due south of Demotte; general sale, horses, cattle, farm tools, household goods, hay, corn in field, etc. CHEAP ADVERTISING. Mr. Merchant, if anyone came to you and made a proposition that for a small amount of money, say $1 or more per week, he would go all over town and out in the neighboring country, every week —rain or shine, hot or cold —and tell about nine thousand people about the goods in your store, their qualities and prices, and use a good argument to induce those people to visit your establishment to trade, don’t you think you would. jump at the offer. Well, here’s your chance. The Democrat will do that very thing for you; do it right; do it on time, at the right time, and all the time; do it for about one-tenth of the sum it would cost you for postage alone if you tried to do it yourself. It’s up to you Mr. Merchant.

A BITTER DISAPPOINTMENT.

The Rensselaer Republican’s keen disappointment over Judge Palmer’s action in Halleck’s “libel” case against The Democrat man is indeed pathetic. The Republican has done much to encourage these uncalled for suits in the past, but after the senior editor was given a taste of what a real libel suit looked like, a few years ago, to the extent of depleting his pocketbook of a'number of'dollars, he has been quite “good” until recently. His previous remarks in this case are actionable, but as the old man is soon going to Rogue River valley for keeps, perhaps it is better to let him go than to try to detain him any longer. As a matter of fact there was nothing in this case nor never was, and it should have been thrown out of court when it first first came up. It was one of the flimsiest cases ever brought in the state, and we doubt if its equal was ever heard of before. The affidavit was a tissue of false and misleading statements from beginning to end, and while Judge Palmer’s principal objections to the instrument may have been somewhat technical in order to let the “persecution” down as easily as possible, yet there were a half dozen or more valid grounds for knocking it out. Had the case ever gotton in the higher courts, which it most assuredly would if by any miscarriage of justice a conviction resulted, it would have lasted there about as long as the proverbial snowball in the lower regions. Judge Palmer’s well known ability and his reputation and prominence as a jurist, serving as Judge of the Carrol-White circuit court for a dozen years or more and former president of the State Bar Association, is not likely to suffer from any criticism the editor of the Republican may offer. However, if the Republican is so deeply concerned over Judge Palmer’s ruling as its criticism of that gentleman would suggest, it better have Abe appeal from the court’s ruling.

Just received another car of flour at the G. E. Murray Co. They handle the two good ones, Sleepy Eye and Pillsbury. Peaches $1.50 to $3.00 per bushel Tuesday and Wednesday, September 24th aid 25th. Chicago Bargain*Store. Great Salad Bowl Sale on Sept. 21,1907, at the 99 Cent Racket Store. Bowls worth as high as 50 cents —your choice only 19 cents. See our windows. See the “Palmer Garment” told of in another place. Then see the real garments at the G. E. Murray Co., for they are the acme es perfection.

Vol. X. No. 25

THE COURT HOUSE

Items Picked • Up About the County Capitol.

In our tax levy figures last week, of neighboring counties we were unable to give Pulaski’s levy. We have since learned that it is 55 cents, a deduction of 5 cents over last vear. 0 — How much longer taxpayers of Jasper county submit to this Halleck horse-play for which the are footing the bill? Hasn’t he cost them about enougn money by this time? o Marriage licenses issued: Sept. 14, Joseph David Van Dusen of Demotte, aged 19, .occupation farmer, to Mary Jane Robbins, also of Demotte, aged 19, occupation housekeeper. First marriage for each. —o — Bro. Robey of the Benton Review aays the reason taxes are to be lower in Benton oounty is because of the democratic officials, while Bro, Carr of the Leader says it’s owing to the absence of saloons in the county. Perhaps it’s both. —o — An error was made last week in giving the date of the expiration of the saloon license of Wm. Ballinger of Kniman. His license does not expire until 12 o’clock taidnigbt of Nov. 14. The license of Mike Bernicken of Wheatfield, expires, according to the county records, on Oct. 4, instead of Oct. 3, as stated last week. —oH— New suits filed: No. 7210. John Kight vs. E. A. Merrill; suit on note. No. 7211. Petition to adopt Gladys Blanche Hurley by Thomas and Laura Tanner. No. 7212. Gladie Grace Campbell vs. William Newton Campbell; suit for divorce. According to the complaint the parties were married Jan. 20,1900, in Rensselaer, the plaintiff then being but 15 years of age, and separated August 29,1906. Failure to provide is charged, it being alleged that since the marriage defendant has purchased but $2.05 cents worth of clothing for plaintiff, although physically able to furnish plaintiff a good home and reasonable support. Instead of doing this, it is alleged, be spent bis time and money at saloons and has wholly neglected to cere for plaintiff. , —o — Truant officer John Barce, who recently purchased a county right —or purchased a certain number of machines and was given a county right—for the sale of the general utility farm jacks that have been sold about Rensselaer recentlyy is now traveling through his territory selling these jacks and therefore has no time to devote to the truant officer duties. Consequently he will resign at the county board of education meeting next month and an opportunity will be given some other patriot to serve his country.

Not very much of importance has been been done in the circuit court this week. The jury was excused Tuesday until next Wednesday. Following is a report of the more important happenings of the week: State vs. John McCoy; defendant pleads not guilty; court appoints A. Halleck to defend. Daisy G. Wiese vs, Fred T. Weise; parties do not appear and case is dismissed for want of prosecution. E. L. Hollingsworth vs. Martha E. Stonerand Daniel A. Stoner; report of receiver filed and approved, and allowed $20.33 an d discharged. wmmi •• Hugh G. Simeshauser vs. Indiana and Illinois Ry. Co., et al; title quieted in plaintiff. Guarantee Electric Co., vs. S. B. Moffitt; cause dismissed, costs paid.’flfct " Andrew Knopinski vs. Josephine Knopinski; decree of divorce granted and infant child to be left in care of Paul Wegging until further order of court; court finds that parents are not suitable people to have care, custody and education of said child. Chas. S. Nicholas vs. William S. Parks; defendant files affidavit for change of venue and case sent to Newton county. Petition of Thomas and Laura Tanner to adopt Gladys Blanche Hurley was granted and name changed to. Gladys Blanche Tanner. The G. E. Murray Co. big store is outfitters .of man, woman and child.