Jasper County Democrat, Volume 11, Number 6, Rensselaer, Jasper County, 9 May 1908 — Page 1

Jasper County Democrat.

si>oo Per Year.

GUILTY OF MANSLAUGHTER.

“Dan” Day Jury Reach Verdict After 33 Hours’ Delibration. SENTENCE TO REFORMATORY OF FROM 2 TO 21 YEARS

U Given By the Court, and the of Daisy Phillips Will Be Taken to Prison Next Week. Not more than two score persons excepting the special venire of twenty talesman were in the court room when the fourth murder trial for the past fifty years in Jasper county—and we believe in the history of the county—was called Tuesday at 11 a. m. The case was that of the State of Indiana vs. Daniel Day, who was to be tried for the murder of Daisy Phillips, a I'Y-year-old Rensselaer girl on the night of April 2 last, which has heretofore been told of in these columns. Judge Hanley occupied the bench. The prosecuting attorney and his deputy appeared for the State and G. A. Williams for the defendant. The Jury as finally accepted follows: James Jordan. Leslie Alter. John W. Marlatt. Simon Cook. Ellis Jones. \ P. B. Downs. B. W. Ellsworth. Fred Karch. Geo. Potts. Geo> Moulds. Martfh Cain. , D. W. Myers. No relative was inside the rail with Dan at first except his mother. At the afternoon session his father, mother, sister and one brother were present and occupied seats near him- They remained with him, to the end of the trial. His eyes wandered about the room and once his distorted face lit up with a smile as they rested for an instant on an old pal. He maintained this same Indifference to the end and when on the stand was not excited more than were the spectators at the trial, and in fact no one connected with it seemed to realize that a human life was in the balance and that the jury had the power to' send the prisoner to his death by the hangman’s route. Such, however, was the case, and in former trials of this kind a much more solemn demeanor pervaded the court room. The defense entered a plea of not guilty and At special plea of insanity. Geo. W. Goff, E. M. Thomas, B. S. Fendlg, J. H. S. Ellis, W. S. Parks and Dr. English swore that in their opinion the defendant was sane.

Daniel Day was born in Rensselaer Sept. 29, 1887—a date sworn to by his father Hiram Day. For the first years of his life, owing to a nervous affliction with which he was born, he was unable to walk or in fact to control the action of the members of his body. As the boy grew older this -disorder partially left him and when a few years old he went about town In a wagon. Then he got so he could walk, although in a shambling, swaggering way. No control was ever exercised over Dan's conduct by his parents and owing - to- a disruption of the family—the mother securing a divorce, and both she and the father marrying soon after —Dan, who was then 9 years old, was thrown on the streets more than ever befpre. This was in the palmy days of the saloon and Dan soon got onto a scheme to make money. He might be seen almost any time with his dog, for he always had one or more, shambling through alleys or in the rear of buildings picking up beer bottles. These he sold tfr the saloon keepers. This brought him in contact with the lowest sort of saloon bums, who were ever present when he offered his wares for sale. When the saloons went out Dan’s specialty was gathering junk and selling it and this business seemed to have been profitable as he had deposited SSO with Geo. W. Goff some five weeks before the fatal April 2nd. He also kept an account of some $35 to SSO with B. S. Fendig prior to his arrest. - y ; Dan went to school one-half day, but the teachers did not care to have him around and the children teased him so much that that ended

his school career. His father swore that he tried on two occasions to get him into the Fort Wayne School for Feeble Minded but that each time there was so many applications ahead of Dan’s that he never succeeded in doing so. Of late years when Dan was not gathering beer bottles or junk, he went hunting and fishing and as a hunter and fisher he was quite successful. Three years ago he took to drink and many persons including Nightwatch Thomas saw him under the Influence of liquor frequently, as he prowled about at night, which he did often, sometimes as late as 12 o’clock.

On the fatal night Dan went to his father’s house about six o’clock. Mr. Day was milking Lt the barn. He asked for a dollar and the father wanted to know what he wanted it for. He said he wanted it to buy copper, yet it seems this is the same dollar that bought the deadly stuff he drank to nerve him to shoot Daisy Phillips. Just when he went after this is not made plain, but an hour after as Nels Grigg and Goldie Woods were going to Phillip’s they met him near the old Starr property. They talked to Dan, who bad his shot gun with him. The girl asked him if he was going to shoot her and this reading ttie defendant sat with his eyes fixed on the floor and only Once or twice looked at the Judge, he said he was not. She then got behind Griggs. When they found he was going to Phillips’ they did not go, but went to the skating rink. 1

Amy Phillips, 13 years old, testified that Dan got there about 7:30. That they all talked with him. She didn’t see any bottle, didn’t see Dan drink; he had a shot gun, two revolvers and a dirk knife; that he had been coming there for a long time, and that Daisy’s dress was on fire when she saw her after she was shot. H. L. Gamble had made a plat of the building and had indicated on information the direction taken by the bullet and also Dan when he went to the ice house after the shooting. Nora Phillips, a demure little Miss of 15 years, quite prepossessing in appearance, with a dainty little smile, took the stand. She was the state’s star witness. She testified that Dan came to the Phillips home about 7:30 and talked to all of them. He talked much of a gold mine be had discovered along the river somewhere and promised to give Nora money when he realized on it. He had some yellow rocks as samples of the ore. Mention of this gold mine brought a broad grin to Dan’s face. Nora saw a bottle of whiskey on the table, from which her mother took a portion and made egg-nog. They all dran< but Dan, who presumably took his straight, as he himself testified that he -drank there, having a pint of his own in his pocket.. He refused to tell who got the pint for him; said it was a friend of his and he would not give him away. Dan took out his guns and placed the muzzles to his temples and to the back of his neck. Daisy requested him to take the loads out of them. This he refused to do, although he, when so requested before, this night, had always complied. He gave as an excuse for carrying so many guns that a dog had been bothering him and he intended lo kill it. Three persons were engaged a part of the time Dan was there, writing letters. The mother wrote one, Daisy wrote several and Nora wrote a few. After a time the family except Amy, Daisy and Dan retired' Before retiring, how many times the bottle went around was not brought out, but Dan in his own behalf swore they drank while in the tiouse and Nora admitted that egg-nog was passed around at least once. Nora retired about 11:15 p. m„ leaving Dan and Daisy in the sitting room. Dan’s shot gun remained sitting behind the kitchen door. Nora went to sleep almost immediately. Amy testified that when Dan got ready to go he tried to get Daisy to go out with him., She went to the

Contftinetf on JPlfth Page.

Rensselaer, Jasper County, Indiana, Saturday, May 9, 1908.

LOWELL MAN CHARGED WITH MURDER.

• A young man" at Lowell, going under the name of Albert Baker, was arrested Tuesday charged with having committed a murder near Circleville, Ohio, 1 * three years ago, where ho, lived and was known by his true name of Ernest Kerns. He had lived in Lowell about eighteen months, was well thought of, and last summer was married to Miss Vanda Cobb, a most estimable young lady of that place who is prostrated over her husband’s arrest. The Lowell Tribune says: "We understand that he told his father-in-law, Charles Cobb, who went to Crown Point to see him Tuesday afternoon, that he was the man and he also told him how it happened. He said that he was in a buggy and met this man in an automobile at which his horse too£ fright and ran away, breaking his buggy badly. On meeting the man he asked him what he was going to do about it, to which the man replied that he would do nothing. A fight occurred in which Kerns threw a stone, striking the man on the head, from the effects of which he died in about two weeks. If this is correct, manslaughter is the only crime of which he can be convicted.”

AND THE JURY BAILED TO AGREE.

Deliberate Twenty-One Hours in Rosenbaum Blind Tiger Case Without Result. The first blind tiger case in Jasper’ county was called for trial on Wednesday at 3:30 o’clock. Anticipating a look at or a smell of the good old rye and the two barrels of lager, a good crowd was on hand at the beginning of the trial, and some of them bad the appearance of being dry even unto desperation. The defendant asked for a change of venue from the Judge, which motion was overruled. / The parties whose intoxication led to the search and finally the arrest of Rosenbaum, occupied chairs just behind the prosecutor. Despite the fact that they are accused of being confirmed drink fiends they look much younger in years than they are. Mrs. Hyatt watched the empaneling of the jury* closely. The husband appeared at ease and in all probability would have enjoyed two or three bottles out of one of the sugar barrels in the basement. Three of the ministers of the city were present and watched the progress of the trial. A pick-up jury was placed in the box. W. F. Smith caused a laugh while being examined by the State as to his competency to sit as f a juror, by saying that he had expressed the opinion that he didn’t believe Rosenbaum had the liquor on hand to sell, as he could soon drink that much himself. After a parley the State challenged him for cause. The court overruled the challenge. A preemptory challenge let him out. The jury as accepted were the

following: John W. McClanahan. Andrew Kahler. George Parker. John W. Jloyes. Geo. Terwilliger. W. J. Pruett. Frank W. Fisher. Ed L. Bruce. John W. Hitchings. J. B. Moore. Ed Pharis. Elmer Cooper. Emma Hyatt, the prosecuting witness, came from Union City, Ind., to Portland and from Portland to Rensselaer. Prior to her and her husband’s going to Rosenbaum’s European Hotel she had worked for Geo. W. Goff about four weeks, and went to Rosenbaum’s April 13 —an omen of evil to start with—and worked there as cook and dishwasher for $3.00 a week. She saw liquor there from the start—in fact it was there in such profusion that she couldn’t help but see it, beer especially. She saw Rosenbaum put bottles in a basket and take, them upstairs after one barrel had been opened. This bottled goods was packed in sugar barrels and consigned to “Aug. Rosenbaum.” She asked Mrs. Rosenbaum for whiskey. Mrs. Rosenbaum asked her whether she wanted to buy a drink or wanted to buy a quart. She said she wanted to buy a quart. The price, $1.25, as taken out of her wages. This was on Tuesday. A second quart was purchased ■on Wednesday. Witness told Mrs. Rosenbaum Mr. Hyatt had heart trouble and that he had to have whiskey; that she also was all “in a jerk” and couldn’t get breakfast without a

drink. This was early in the morning. Mrs. Rosenbaum 1 swore Mrs. Hyatt asked for a “swig,” and of course the former didn’t know what that was. However, when Mrs. Hyatt explained that she wanted red liquor she got a bottle and poured out about “three fingers” in a glass and gave it to her. Mrs. Hyatt said she had been drunk but regretted it, and went back to work. Clarence Thompson was night man. Mrs. Hyatt saw him drink every night. She saw a business man come in and “Deutsch Sprecken” to a little boy. The boy was on in a jiffy and put him in a position to cool his insides by handing him a bottle of beer out of a case. He put the contents of the bottle where it would do the most good in short'order. On Saturday Hyatt had dried out again, and Mrs. Hyatt told Mrs. Rosenbaum he wanted whiskey. The latter remonstrated that he would get drunk again. Mrs. Hyatt promised he wouldn’t. Mrs. Rosenbaum went somewhere and got a quart bottle. These frequent purchases of red liquor began to tell on the Hyatt purse, and Mrs. Hyatt told Mrs. Rosenbaum that they were not going to spend all their wages for whiskey.

This third bottle proved to be the undoing of the Hyatts, and when the city marshal found Hyatt drunk he had about half of the stuff unconsumed. This was brought into court. This bottle was identified as the same Mrs. Hyatt had bought. Webb Hyatt, husband of the prosecuting witness, corroborated her testimony, and to clinch the matter he ideptified the half-full bottle as the one taken away from him. swore that he had paralysis and, at the instance of Dr. Merrill, had his wife bathe him outside twice daily with whiskey to stimulate the circulation of the blood, and that it took two quarts daily for this purpose. The family also consumed two quarts a week and six to eight bottles of beer daily. l He had been in the restaurant business before going to the hotel and had kept liquor there. Had been in the saloon business and had been arrested many times, and fined twice for violations of the law. Warren Robinson drank beer, but had never asked for liquor at Rosenbaum’s. The court wouldn’t let Warren tell much, so the interested spectators were not informed whether he had the beer located and could easily find it without assistance, At 8:10 p. m., the judge began the oral charge to the jury, and at 8:50 the jury retired to deliberate on its verdict.

About 10: jury asked the court whether they could convict Rosenbaum if Mrs. Rosenbaum had made the sale, if one had been made. The court instructed them that they could if they found *that he had knowledge that she made the sale. Later further instruction was asked for and given on the above, and again 'at 3:30 p. m. instructions were asked for, making the third time they had called for more light on this now famous case. They had then been out 18 hours and apparently no nearer a verdict than when they first retired. At 5:50 p. m., the jury reported that they could not agree and were discharged from further service by the court. What further disposition will be made of this case 'is not known at this writing, but some of those most interested say they are determined to push it to a conclusion. Of course nothing further will be done until the September term. Jhe jury is said to have stood 11 for acquittal and one for conviction after a few ballots. ROSELAWN AGAIN GOES “DRY.” Newton County Enterprise: A blanket remonstrance filed by citizens of Lincoln township was held sufficient by the Board, and a license to sell liquor was denied Thos. Foglt and Wm. Klpperllng of Roselawn. An appeal to the circuit court was granted and the case will come up for hearing at the May term of court. THE WAY IT IS WORKED. Meats have taken a great jump upward the past few weeks, and that was done for the large packers to unload their stores of hams and bacon cured last winter while hogs were down to the bottom. “There is more than one way to skin a cat. - ’ —Lake County Star.

There will be good piano music at McKay’s. Come in.

THE COURT HOUSE

Items Picked Up About the County Capitol. The Newton circuit court convenes Monday. —o— Marriage licenses issued: May 7, Enoch M. Poince of Wheatfield, aged 37, occupation teacher, to Ethel Cambe, also of Wheatfield, aged 16, occupation housekeeper. First marriage for each. —o— Special Judge Will Isham of Fowler was over Thursday to hear the Hodge ditch case. The demurrer to the complaint was overruled and the case set for trial at an adjourned term on June 11. —o— Monday was a busy day in the treasurer’s office, it being the last day for paying the spring installment of taxes, and it was after six o’clock when Treasurer Allman ate dinner and supper combined. His assistants snatched a light lunch during a slight lull in the rush between twelve and one o’clock. Even then there was a greater number of delinquencies than usual.

—o— For some unexplained reason the clerk has as yet Issued no execution on the precipe filed March 24 on a judgment of $ 149.09 against Abraham Halleck and Ransom Halleck. This is a renewal of an old judgment of Spitznagle & Kennedy of Lafayette, in which Abe Halleck was principal on a note, we understand, and his brother Ransom was surety. It is one of the numerous judgments against Halleck, the republican candidate for state senator, that have burdened the judgment dockets of Jasper county for several years.

The county commissioners had a' light docket for the May term, at least not much was done, as will be seen from the following report of the proceedings, and adjourned Tuesday: Notice ordered given for letting contract on first day of June term for one new bridge in Milroy, one in Hanging Grove and one in Wheatfield; petition for new bridge in Keener was dismissed. There was allowed $1,828.88 on Marion - Rensselaer stone roads; $2,526.64 on Carpenter-Remington stone roads; $1,139*.95 on Hebron grade. T. J. Lamson petition for highway on county line between Jasper and Newton counties; viewers’ report favorable and road established 40 feet in width. Notice ordered for letting contract for poor farm supplies on first day of June term. Banks reporting on county fund interest for the month of April, were as follows: Jasper Savings & Trust Co..s 97.04 First National, Rensselaer. . 108.17 State Bank of Rensselaer. . 98.30 Bank of Wheatfield....... 22.03 First National, Remington, (not recd. till after adj.) 49.70 Total for month. $375.24

C. M. SANDS NEW TRUANT OFFICER

Young Rensselaer Attorney Succeeds W. 8. Parks. The County Board of Education at its regular meeting Monday elected C. M. Sands of Rensselaer as. truant officer, to succeed W. S. Parks, the - city marshal, whose term had expired, but who was a candidate for re-election. There were five candidates for the position, four republicans and one democrat—W. S. Parks, Charles B. Stewart, J. C. Porter and C. M. Sands of Rensselaer, and John Greve of Wheatfield, all republicans but Mr. Stewart. The Barkley trustee and town of Remington school president, both democrats, were absent, or Mr. Stewart would probably have been elected, it being generally conceded that he would make a good officer. Six ballots were necessary to elect, as follows: C. M. Sands 2 3 7 5 6 8 C. B. Stewart 6 3 5 6 6 5 J. C. Porter 2 3 0 1 W. S. Parks 2 4 1 2 2 1 John Greve 2 11. Dates for holding township com-' mencements were decided upon as follows: Barkley, June 20. Gillam, June 11, Independence, 8 p. m. Hanging Grove, June 6, at Banta, 2 p. m. „ Jordan and Milroy, June 27, Mt? Hope, 8 p. m. Kankakee, Keener, Wheatfield and Walker, June 18, Wheatfield.

Vol. XI No 6

Marion and Newton, June 25 Vaughn Chapel. Union, June 13, Fair Oaks. Carpenter not decided upon. Owing to Trustee Davisson of Barkley tp., being sick and unable to come in Monday his township’s report of school enumeration was not filed.

LAW OF NEWTON, GERBER OF JASPER

Nominated for Senator and Representative Respectively, By the Democrats Wednesday. The democratic Senatorial convention to nominate a candidate for the district composed of Starke, White, Jasper and Newton counties’ met Wednesday at Monon and nominated Joseph D. Law of Morocco. There was a good attendance and much interest was manifested. J. D. Law has lived in Newton county all his life and comes from good democratic stock, his father, Joseph Law, being one of the pioneer democrats of that county. He has been engaged in farming all his life and has been very successful in a business way. He and his family have resided in Morocco for several years. His farm is located in Washington township, south-west of Morocco, 3% miles. If elected he will be t true representative of the people. The democratic representative convention for the district composed of Jasper and White counties was also held at Monon Wednesday. There was a good attendance and everyone was satisfied with the prospects of victory this fall. Guy T. Gerber of Rensselaer received the nomination by acclamation. Mr. Gerber is at present attending the University of Illinois at Champaign. He is taking a law course. He was born Dec. 1, 1885, at Schuyler, Neb., from where he removed with his parents to Hemingford, Box Butte county, Neb., where he spent his boyhood days. In 1897 the family removed to Buffalo county, Neb. Here he resided about three years whence they came to northern Jasper county. While here he graduated from the public schools, in 1902, the associate commencement exercises being neld in Geo. Stembel’s hay barn at Wheatfield. His theme at these exercises attracted much attention, and he was highly complimented on his effort. At the close of the school year, 1906, he graduated from the Rensselaer high school, and then taught a suc&ss= ful term at Union school house in Marion -township, this county. He entered Illinois University last September. Mr. Gerber intends to make a personal canvass of his district, and will hold public meetings during the campaign, never ceasing his work until the polls close in , November.

The following resolutions were unanimously adopted by the senatorial convention and Indorsed by the representative convention: We, the Democrats of the joint senatorial district, composed of the counties of Jasper, Newton, Starke, and White in convention assembled, hereby renew our pledge of fealty to the time-honored principles of Democracy as laid down by Jefferson and Jackson and as promulgated and exemplified by a long line of illustrious followers, including our present matchless leader, William J. Bryan. We commend the action of our recent State Convention and heartily indorse the ticket nominated and the platform adopted. Recognizing the importance of the proper and effective regulation of the liquor traffic, we would not only retain the present remonstrance law by townships, but would add to it in any way that would enable the people to more effectively deal with the saloon evil, and we would repeal that portion of the Ganiard law which permits druggists to sell liquors on personal applications, thereby making legalized “blind tigers” out of a majority of the drug stores in Indiana. But great as these evils are, we also recognize that there are other evils besetting the people, and we hereby condemn the extravagance of the State administration whereby the expenses have been increased more than $300,000 per year under Republican rule; and we also pledge the nominee for this convention to vote for a common-sense revision of our ditch and road laws, so that the people may obtain these necessary improvements without the enormous expense and vexatious delays attaching to the present “red tape” methods.

BALL.

There will be a dance at Warner’s Hall Thursday evening, May <4. Tickets 50 cents. r -

Try McKays for a good cigar.