Jasper County Democrat, Volume 12, Number 91, Rensselaer, Jasper County, 26 February 1910 — Page 8

Country Correspondence

BY OUR REGULAR CORPS OF NEWS-GATHERERS.

v PINE GROVE. Wesley Price buzzed wood Saturday. Several of this vicinity attended the Sam Holmes sale Tuesday. Miss Bertha Cooper called oxi Miss Gusta McCleary Wednesday. Misses Elenor and Minerva Miller spent Tuesday with Mrs. Andy Ropp. Mr. and Mrs. Samuel Wiles were guests ofc, Mr. and Mrs. Andy Ropp Sunday. Bernice and Lucy Walker called on Chloae and Creola Torbet Sunday afternoon. Miss Gusta McCleary has the measles at present,- The other cases are nearly well. Andy Ropp and Roy Torbet took a trip to Pleasant Ridge Monday In the former’s auto. George Snow moved Monday from the J. N. Leatherman place to the Commodore Snow place. Ruth Gilmore spent Saturday night and Sunday with her grandmother, Mrs. Jane Hurley. Mr. and Mrs. Walter Daniels are visiting the former's parents, Mr. and Mrs. Geo. Daniels and family. Miss Minerva Miller returned to Illinois Wednesday after a several weeks visit with her father and family, Isaac Miller’s. Mr. and Mrs. John Hellengreen and grand-daughter, Emma Nelson, spent Sunday with Mr. and Mrs. J. M. Torbet and family Al Witham, the maU carrier on the Parr route, has been making his rounds in his new auto until Wednesday, when he went back to his horse and wagon.

NORTH UNION. Jack Reeder wm a Rensselaer goer Saturday. Mrs. Sam Potts was a Rensselaer goer Saturday. Wess Faylor was in Parr Saturday afternoon. James Garrlott was a Rensselaer goer Saturday. Dick Gaeaway is hauling hay to Parr this week. Mrs. Will Faylor was a Rensselaer goer Saturday. H. Dexter was in Rensselaer Saturday on business. Mr. Eib went to Rensselaer on business Thursday. George Colver was in Rensselaer the first of (he week. Mr. and Mrs. Charley Burns were in Rensselaer Saturday. Frank Dakin and son Fleet were In Rensselaer Saturday. Al Keener spent Sunday with Wees Faylor and family. Mr. Ham went to Rensselaer the first of the week on business. Roy Weston went to Illinois Monday to work thia coming season. Miss Cora Dexter of Purdue is spending a few days with her parents. E. Schultz le moving on his father’s farm where he expect to farm the coming season. There was a large crowd out to Michael Schultz’s sale last Friday and things sold high. We have been having another Cold snap agajn and most everyone is complaining of colde. The creamery at Parr is a sure go, we understand, as they have the number of names signed that were needed to erect the institution. Some of Otto Schultz’s children are down with the measles. The three youngest Children of Jack Reeder are also down with the measles.

BUKNSTOWN. Mrs. A. Eib is on the sick list at •resent. L. A. Greenlee’s children have the measles at present. Ancel Potts’ little boy was called away last Saturday night to his last resting place. Mrs. T. G. Brown and two sons, Walter and Albert, spent Sunday with C M. Greenlee at Parr. Samuel Holmes’ sale Tuesday was well attended, and everything sold well. Proceeds about |2,700. _ Spencer and &ta HBlmes went home with their grandmother, Mrs. John Scott Tuesday, to sipend a few days. Mieses Sarah and Irma Holmes and brother Boyd spent Saturday and Sunday with their uncle, Samuel Holmes and family. Mr. and Mrs. Will Whittaker moved out to the farm where S. H. Holmes now lives, last week. The latter will spend a few days with friends and relatives before they go to their future home. Quite a crowd of friends and neighbors gathered in at Samuel Holmes’ Wednesday night to pay them a flarewell visit. All came with well filled baskets. Those present were: George McElfresh and two children, Barney Kolhoff and two children, Herbert Elb and Misses Alice and Jennie Eib, C. Morgenegg and family, Mark Schroer and wjfe, Mrs. T. G. Brown and two children, and Walter Smith.

BEAVER LAKE.

Walter Wooton is on the sick list. Jess Rice called on Will Guthrie Sunday. Carl Wooton spent Sunday with Ed Stahl. Trennls Yoder has two children sick with grip. Harry Young was the guest of Albert Wilson Sunday. G. H. Hillis made a business trip to Morocco Wednesday. Mrs. Ruth Guthrie was the guest of William Nuss Tuesday. Mrs. Lewis Sullivan spent Tuesday with Mrs. Peter Clark. Samuel Butts spent Sunday with his daughter, Mrs. Earl Wooton. Charley Elijah visited at his sister’s Mrs. Ella Handley’s Wednesday. Teddy Handley, a young Bon of George Handley, is very sick with grip. John Wildrick is hauling saw logs to the Daniel Hochstetler mill this week. Mre. Daniel Stutzman and little son were the guests of Levi Stutzman Tuesday. Frank Wlldrich of Morocco visited his parents, Mr. and Mrs. John Wildrick Sundy. Carl Wooton and Claud Hickman are assisting Dan Guthrie shingle his house Thursday. Mr. and Mrs. Riley Hickman spent Sunday with the latter’s mother, Mrs. Margaret Wooton. Thomas Williamson moved on the Hillis ranch, in the house that was vacated by A. W. Tolln. Mr. and Mrs. Peter Clark spent Sunday with the latter’s sister, Mrs. Charles Knapp of near Mt. Ayr.

“TO FRIENDS AND CUSTOMERS OF THE RAWLEIGH MAN.”

My barn burned last Tuesday u. m., Feb. 22, burning my _wagon and both my horses and goods. I saved a few goods only. I had some' insurance but I lost several hundred dollars worth which was not Insured. I owe some money and am a poor man, but I am not begging from anyone. If you know yourself owing me and will send the amount to me at once—because I need it very badly just now—l assure you it will be greatly appreciated and properly credited. I also wish to thank you all for your patronage in the past. Yours respectfully, WM. PUCKETT, JR., “The Rawleigh Man.”

LETTER FROM NORTH DAKOTA.

J. T. Wagner Writes Interesting Letter From the New Eldorado. Larimore, N. D. Feb. 23. Editor Democrat, Rensselaer, Ind. Dear Sir:—lnclosed you will find $1.50 for subscription to The Democrat for another year. It is fine to get the news from home twice a week and we could hiardly get along without it. We have had a good year all the way through, the summer was fine and have had a much better winter than I ever expected. December was rather stormy, but January was fine, ■%jjd we had very few days It did not thaw. February has been some colder, but no colder much than I have seen In Indiana, and we Hoosiers do not mind It so much as it is a dry cold, and steady. Our crops were good. I have a quarter on which I raised 1,142 bushels of wheat off 70 acres; 1,100 bushels of oats'off 35 acres, 3,500 bushels potatoes off 32 acres, or that is what was shipped, as I had quite a few freeze and In sorting over, lost between 600 and 700 bushels. The rest I have In pasture. I paid S4O an acre and am 3 miles from Larimore. Have not a foot of waste land on the quarter. 1 All the Hoosiers did fine last year and there Is quite a settlement of us here. We all like the country and do not think you will see any of us back to Indiana to live yet awhile.

We get good prices for our produce and grain, and it does not cost much If any more to live here than in Indiana. Hoping to see more Hoosiers come up the next year, I remain J. T. WAGNER.

ALLEN’S LUNG BALSAM

has been used successfully for years for deep-seated coughs, colds and bronchitis. Everybody should konw about it. It is simple, safe and sure, sure.

ST.LOUIS TWICE-A-WEEK RE PUBLIC

Call In and get a sample copy oi the St. Louis 1 wlce-a-week RepublK and Farm Progress, both of which papers and The Democrat we are giving a full year for only $2.00. We have gent for these papers for some of our subscribers each year for several years, and they Invariably come back for a renewal, which speaks volumes for them. Every farmer should take them. Come in and get freb sample copies. if' ’ J

HOW BRIDGE BUILDING IS DONE IK JASPER COUNTY.

Continued from First Page

and had everything at his tongue’s end. Asked if he had not taken a great deal of interest in this case, ho frankly replied that he had. The cross-examination of Marshall was not long, and after, recalling Auditor Leatherman and asking him a few questions as to the filing of the claim, the state rested. It was show>n that the claim had been sworn to before C. F. Kelley, the bridge company’s draughtsman, who is also a notary public, and that Mr. Leatherman received it through the jtxail. Outlines the Defense. Attorney Williams in outlining the defense said the defense would not claim that the bridge was up to specifications; that the defendant had so told the commissioners; that he could not complete it by June 1 as he could not procure the required dimension steel, and for this reason, after informing the commissioners that he could not get the material, had made -ft a little lighter, of material in stock; that the carrying capacity of the bridge was 110 to 115 pounds per square foot, while that of the bridge described in the specifications was about 120 pounds.. That Bader had gone out to the bridge with the commissioners and the county surveyor and inspected the bridge; that Bader had made no secret of the changes, and that there was nothing criminal in his acts. The first witnesses for the defense were Carl Riddick, editor of the Winamac Republican, Samuel A. Marsh, a Winamac banker, Wm. H. Diggs, telephone owner, and Wm. Herath, a Winamac liyeryman, who each testified that defendant’s reputation was Al at his home.

Defendant Testifies. Mr. Bader was next called. Had been general manager of Winamac Bridge Co., a corporation for about nine years, had .built eight or ten bridges in Jasper county and now had contracts for two or three more. Told commissioners at April meeting that he could not get material in time to complete by June 1. Admitted that there was no penalty in contract if he did not complete it on time, however. Commissioners , and township trustee were urging that bridge be hurried up; knew, in a sense, at time he took contract that he could not get material in time specified. Admitted bridge was lighter than that specified, uniformly so, but it was symetrical. Bridge was 70 foot span, 16 foot roadway, was allowed $l,lOO in June; bridge completed about June 10. Went out with commissioners and county surveyor in August to inspect bridge. Thought the 5 foot extra on backing covered difference in weight of material, and did not include this extra backing in the S3OO claim; had no intention of defrauding county or filing a false and fraudulent claim. On cross examination admitted that he did not tell ers how much lighter bridge would be; said commissioners said they wanted a “good bridge” and seemed to infer from that that this bridge would do, as it was a “good bridge.” Asked if he had any intention at the time he took the contract of putting in the bridge called for in the specifications, said he did. Asked if a representative of another bridge company would say that the ’bid of the Winamac Bridge Co., for this bridge was $1,240 would you say it was true? “No, it was not true.” Had no conversation with John F. Pettet at all in July as witness was not here. Court adjourned until 9 o’clock Thursday morning. On the re-convening of court Thursday morning Mr. Bader |vas re-called and testified to a nqmber of minor matters connected with the contract, and said that the absence of hub guards on the bridge was due to the fact that the commissioners had long ago told him to omit them from all bridges erected; did not tell him in particular to omit them from this bridge, however. In this he was later corroborated by the'commissioners. (The specifications called for hub guards, however 1 , and if there was no intention to have them put on it would seem |that they should be stricken from the spec- j

Your pa p° r ............... .

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ifications, instead of being left there to fool some other bidder who had to take them into consideration -in making his bid.) On being cross-examined again he stated that he knew at the time of filing his claim that the bridge was not up to specifications, but he had made no offer to reduce the price because of this, believing that the extra 5 foot of backing put in covered the discrepancy. SSAsked if all, the other bridges constructed by his company were no nearer the specifications than this one, he said they were all practically up to specifications. Commissioners Testify for Defense. Commissioner Fred Waymire was next called and testified that as the Board understood, the, “backing” was but 5 foot, and, not deeming this sufficient, had instructed the contractors to make it 10 feet instead. mire~ testified that so far as he was concerned he had not given the contractor the privilege to change the A day or two before Marshall made objections, at the July term, Waymire had heard through Auditor Leatherman that complaint was made about this bridge. (The complaint was made by Mr. Marshall, we understand.) This was the first time he had heard anything about it. Z thing about the plans called for 5 foot backing, the Specifications said 12 foot it seems, and the bridge is still short two feet from that called for.) Cross-examined Waymire said he had later spoke to Bader about the bridge and the latter admitted it was a little light, but did not say 14,000 pounds lighter than specifications. At the September meeting, when the S3OO claim was allowed at S2OO, and $25 allowed for extra backing, Bader told commissioners that he thought the bridge was worth the contract price,’ but if they thought otherwise they might deduct whatever they thought proper. Bader might have said before this that it was lighter than specifications, but did not remember >if he did or not. Commissioned Denham • next testified; said Bader toldr-him thrft- he could not get steel to put in bridge on time; witness knew bridge was lighter than called for but did not know how much so. Claim of S3OO was adjusted on report of County Surveyor Osborne. Bader Ordered Plans Changed. On cross-examination said he first knew in June or July when claim of $l,lOO was allowed (in June) that bridge was light; that Bader said he had to make some little.changes. Bader never told witness how much short of metal bridge was. i. Commissioner Pettet next testified; said Bader told him that' he could not get material in time, and showed letters from steel mills; did not know how much light bridge was; Osborne: did not give shortage in pounds J only in dimensions. On cross-examination witness said Jim Leatherman first told

him bridge was light, about same time testified to and just before Marshall made complaint to the board; first conversation with Bader regarding it was in July. Commissioners Opened thte Bids. Auditor Leatherman was recalled and testified that the bids at this letting were opened by the commissioners themselves. Original bid of Winamac Co., was admitted in evidence and examined by jury to show that it was for $1,400 instead of $1,240 as shown by Mr. Marshall’s notes of the various bids, taken at, the time as they were called off/ C. F. Kelly, the young draughtsman of the Winamac Bridge Co., was the next witness. Had made no computation ’of how much light .the bridge was in pounds. Cost of raw material at that time was practically same as testified to by Marshall, but his company only figured 60c per 100 pounds to “manufacture.” . On cross-examination he testified that when the contract for this bridge came in he gave a set of working plans to the shop foreman. The latter brought them back and told him they did not have all the dimensions in stock; reported to Bader who then fried to procure same from the mills; could not get them and said people down there wanted bridge; asked witness if he did not have another set of working plans for a bridge of that sizewitness said he did, but they were for lighter construction; had this material in •stock and the lighter plans were substituted at Bader’s instigation and knowledge. This concluded the evidence, at 11:30, and court adjourned until 1 p. m., when argument was begun by Prosecutor Longwell, who began by stating what the charge was, presenting a false claim, and read from the statute the penalty, imprisonment in the state prison not less than two nor mbre than fourteen years arid a fine of not less than $lO nor more than SI,OOO. Mr. Longwell talked for about 30 minutes, making a very able plea indeed, reviewing the evidence and dwelling on the fact that the defense had not attempted to. disprove the testimony of Mr. Marshall, although having the same right as the state to bring in expert engineers to testify regarding the dimensions of the bridge; that they had not attempted to disprove his testimony because they could not, and that they had admitted that many of the parts were of lesser

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dimensions than the specifications called for. Mr. Williams then followed and spoke for an hour or more. He argued that there was no intentional .provqp, that Bader had made an honest effort to get the steel of the pi<oper dimensions, but could not, and had then gone to the commissioners like an honest man and so informed them; that they told him to go ahead and put up “a good bridge/’ that the bridge put up was a good one and worth every penny of the $1,400, though it might be a little lighter than the strict letter of the specifications. Mr. Williams made a powerful plea for his client, from a lawyer’s point of told of his high character as testified to by his friends and neighbors, arid said these changes had been instigated bv a rival bridge company, vs Prosecutor Longwell then (Soagd for the state, telling the jury that while it might seem hard to find a man guilty of a charge of this kind, that for the protection of the public and the public treasury of this and qther counties such crimes must be punished. He said many peculiar things had cropped out during the progress of the trial. He thought the evidence very clearly and conclusively proved the defendant guilty. \ court then gave its instnrctions to the jury and the latter retired at 4 p. m., to deliberate. The instructions did not favor the state much more, if any, than the defendant, and seemed very impartial indeed. They stated that the commissioners had no power whatever to change 01ans and specifications after the contract was let, and that if the jury found beyond a reasonable doubt that Bader knew that the bridge was / 13,885 pounds short in weight, or had reason to know that it was, at the time he filed this claim, etc., the jury should find for the state. The instructions also explained what “reasonable doubt” meant.

PUBLIC SALES. The Democrat has printed bills for the following public sales: «■ Monday, Feb. 28, G. E. Timmons, ■ 5 miles south and 2 miles west of Rensselaer, on the old Jud Adams farm in Jordan tp. (Shneral Mie of horses, cattle, hogs, farm tools, etc. Go to J. V. Collins for second* hand furniture. CROUPES No vomiting, no divtress. A safe and pleasing syrup—Wo. Druggist*.