Jasper County Democrat, Volume 12, Number 93, Rensselaer, Jasper County, 5 March 1910 — Page 1

Jasper County Democrat.

f 1.50 Per Yiar.

ARGUMENT FOR A NEW TRIAL

Made Wednesday Afternoon In the Bridge Bratt Caso. I NO DECISION AS YET BY COURT And Opinion Is Divided As to What This Decision Will Be ■ —Technical Errors In the Affidavit May ,Give Defendant Another Chance.

Argument in *the motion for a new'trial in the. Milroy township bridge graft case Svas takeh up at 3 p. m., Wednesday ana occupied the rest of the afternoon. Mr. Williams for the defense was assisted by B. D. L. Glazebrook of Knox, an able and polished attorney, who, by the way, is a cousin of Lee, I. A., and Miss Viola Glazebrook of Rensselaer. The usual stereotyped objections were made to the instructions of the court, etc., and then the real vital question in the matter was reached. The claim on which Mr. Bader was prosecuted, it seems, was signed “Winamac Bridge Co., by C. L. Bd’r,” and the affidavit charges Charles Bader with having filed the claim. While Mr. Bader has been called, Charles, Clarence and Clinton, it seems that his correct name is “Clinton,” and that he usually signs it “Q L.” Authorities were cited by Mr. Glazebrook to show that this was a fatal defect in the affidavit, and it is on this point that the decision of the court will hinge. The question of failure of the evidence to show any intent was also argued, also the sustaining of the objection of the state to defendant’s witnesses, the three county commissioners to answering the question, “what is the value of the bridge as constructed ?” Prescutor Longwell—whose health is never very robust and who was feeling especially poorly Wednesday—took up the argument for the state and made an excellent argument for that side. Before he had finished, however, he was seized with a sudden attack of heart failure and sank back into a chair exhausted, and had to cease. The court announced that all points for a new trial would be over-ruled except that of the form of affidavit, as to correct name, and was taken under advisement. . < The state relies upon Sec. 179180, of the Acts of 1905, which says 'that “if defendant be accused by a wrong name, unless he declare his true name before pleading, he shall be, proceeded against by tb name in the indictment or affidavit.” And “if he allege that another name is his true name, it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or affidavit may be had against him by that name, referring also to the name by which he is accused.” z Up to yesterday noon the court had not ruled, on the matter, but will probably do so today.

GILMAN LOSES OUT.

A large number Of Carpenter tp., citizens were here several days this, week in attendance as witnesses in the Waterman ditch case from that township, George Gilman was the sub-contractor on said ditch> and he sub-lety same to Thos. Russell and W. • O. Stoner of Morocco. There was a misunderstanding over the line of the ditch, and the latter claimed Gilman mis- , represented sarfie to themthat the true line was through a row of hedge fence that had to be pulled out', .etc. They went ahead and did the work, or most of it, it seems, but the work had nevejir been received by the superintendent, not being according to specifications, it is claimed. Gilnlan and his sub-con-tractors could not reach a settle-

ment on the balance duetheM —they having been paid some S4O0 —and suit was brought.. The case was started before a jury Tuesday*»and lasted until Thursday evening, when it was given to the jury to answer interrogatories. After being out perhaps thirty minutes they returned the interrogatories answered as they saw it, and on their finding the court gave judgment against Gilman for $328.48, Which is practically the amount they claimed was due them.

GAFFIELD WINS CASE.

Jury Awards Him $l2O Commission In Land Sale. The case of/W. P. Gaffield of Milroy tp., vs. James T. Morton of Watseka, ill., was heard by a in the circuit Monday and Tuesday, and a verdict of $l2O against the defendant Morton returned. The case was over a commiss.ion in a land sale which Gaffield had engineered. It was first tried before Squire Irwin- and a verdict given in plaintiff’s favor. Defendant then to the circuit court but lost out again.

GOOD BYE, MR. WINTER.

*s. Thursday, was the warmest md most beautiful day we have lad in three months. The sun shone brightly most of the day and the air was balmy and springlike. "With three months of solid winter weather, a good share of the time the mercury being down in the Neighborhood of the zero mark or below, the present winter has seemed the longest this section of the country ever experienced. Yesterday was also warm and spring-like and the mud is fast drying up,

CONVENTION MONDAY.

Republicans Will Nominate Their County Ticket Then. The republicans will hold their precinct primaries to-day, and the delegates so selected will meet in Rensselaer Monday to nominate a county ticket. At this time it would appear that all the old officers eligible to a re-election will, be nominated, except Commissioner Fred Waymire, who is not a candidate. Robert S. Drake of Hanging Gfove is the only announced candidate to succeed Mr. Waymire. J. P. Hammond of Rensselaer and A. A. Fell of Carpenter tp., for auditor and treasurer, respectively, have no announced opjfbsition. \ There are three candidates for clerk, Jesse Nichols andj. H. Perkins of Marion, and Harvey Dexter of Union, and it is difficult for us to say which one will be able to knock the persimon.

THIS WOULD HELP SOME.

Many of the sidewalks in Rensselaer are too lbw to let the water off properly and*when a heavy rain, falls jthey are little better than gutters. Last Saturday and Sunday many of the walks in the residence section of the city were in an awful condition to travel over unless one were fitted out in rubber boots. While it is out of the question to talk of raising these walks to the proper grade at this time, much of the trouble above complained of could be done away with if property owners would cause a little channel to bq cut in the sod on either side of the walks—as many times heretofore pointed out by The Democrat and adopted by a few—thus allowing the water to run off. We think the city marshal urge property owners to do this, apd it would be well for the city council to make an order requiring that such channels be cut along these lowlying walks. The benefit to be derived can easily be seen where a few property owners have done this. It should be done universally. Also at the opening we will show vou the finest and best line of ready made suits, top coats and cravenettes that you ever had a chance so see, all at moderate prices.

C. Earl Duvall.

THE TWICE-A-WEEK

RENSSELAER, JASPER COUNTY. INDIANA, SATURDAY, MARCH 5, 1910.

THE COURT HOUSE

Items Picked Up About the County Capitol. -J f- ) Jasper Guy was over from Remington on business yesterday. ' Judge Darroch was over from Kentland “on legal business yesterday. —oh— The marriage license business is not starting off very brisk this month. The republican state convention will be held at Indianapolis April 5, one day only. —o—(New suits filed: No. 7586. Simon J. Straus vs. Mary E. Spitler, et al.; .action to quiet title. The board of county commissioners and the county board of education will each meet Monday. Judge Vinton of Lafayette will be here Tuesday to make up the issues in the cases of b. E. Babcock vs. Ira Washburn, et al. Judge Wason of the CarrollWhite circuit has been agreed upon to hear the cases of Healey et al. vs. Babcock. —o — Trustee Karch of Walker tp., was down Thursday on business. Mr. Karch has paid in the amount of the shortage fpund by the accountants in his boolts, and will have accountants go over the books himself, as he thinks the accountants are wrong. —o—- - The county council at its recent special meeting appropriated S2OO toward the fund to build a monument in Rensselaer 'to General been discovered that the council had no power to spend the public money in that manner, and the appropriation is null and void and will not be paid. The fire loss of Kohen & Kahn general merchants at Remington, has been adjusted by the insurance companies paying them $8,006 in full and former keeping stock, some of which is practically undamaged. The insurance policies are all surrendered to the companies. They carried SIB,OOO in all on the stock. Messrs. Kohen & Kahn are preparing to open up for business again and are getting in a lot of new goods. —o—The long-winded Waterman ditch case from Carpenter tp., has put the court up against it and delayed several other cases. The Demoss vs. Clark ditch case from Milroy tp., was talcen up yesterday and the Jungles ditch case and the State, .ex rel. Alter vs. Comer are waiting to follow this. The former case ,is likely to last a day or two and it is probable that some cases set for next week will have to go over lo the April term. Later — The Demoss vs. Clark case was settled before going to trial, each side agreeing to stand half the cost of fixing the tile drain in question.

OFF FOR THE DAKOTAS.

A train of thirty-two cars, principally loaded at Brook and Morocco, left Tuesday for North Dakota. In the party were A. L. Vondersmith and S. F. Armstrong. Their families will follow later. Another train of thirty cars left over the Illinois Central and a train of forty cars from the neighborhood of Bloomington. Most of the people were headed for North Dakota.— Keqtland Enterprise.

WALTER BROWN IS FREE.

Former Republican Chairman Released From Federal Prison. Walter Brown, former republican chairman of the 13th Indiana cdngressiOnal district, was released from the federal penitentiary at Ft. Leavenworth, Kan/, Monday at the expiration of a six year sentence for connection with wrecking the First National Bank of Elkhart. J' L. Broderick, president of

the bank, and W. L. Collins, cashier were sentenced at the same time. Collins was released some months ago. Broderick, who received a ten-year sen"tence, will finish his term next December. Brown, in a signed statement to the newspapers, says that he was not legally nor morally guilty of the charge for which he was convicted, and that political and financial enemies were responsible for his dowtnfall.

A HARBINGER OF SPRING.

As we go to press Friday afternoon, two or three small boys are engaged in a fascinating game of marbles on the corner by the public square across from Rowles & Parker’s. C. C. Warner, B. K. Zimmerman and Dave Worland are umpiring the game while perhaps fifty grown men are standing around the circle earnestly watching its progress. This certainly is a “weather breeder” or spring has really come.

PRESBYTERIAN CHURCH.

The meetings at the Presbyterian church are progressing with good interest and attendance. The sermons have been very scholarly and instructive, and the singing of Miss Rowley has been very inspiring. On Sunday Mr. Miller will speak three times, in the morning at the regular service, at 10:45; in the afternoon at 3:00, at a meeting under the auspices of the brotherhood, and at the regular everting hour, 7:00. These meetings will continue all of next week, with Mr. Miller preaching and Miss Rowley singing. Everybody invited to attend.

COLLEGEVILLE ITEMS.

Mrs. W. Sullivan, Hamilton, Ohio, was a Sunday visitor. Mr. and Mrs. F. Wolfe and J. Dugan; Indianapolis, wer4 college guests Saturday. P. Brown and daughter, Detroit, Mich., called on Frank Brown, who has been ill, last Sunday. Grip has of late taken a great liking to the collegians, and as a consequence Dwenger Hall has had more inmates during the last week than usual. A rousing basket ball game was played between the Normals and the 3d Commercials last Friday. It was a tussle royal, and the coming teachers had the better of the future Morgans by two baskets. After losing to MJonticello on the home floor, the Varsity was due. to win a game from the gymnasium, and proceeded to do so at the expense of their first neighbors, Co. M, by the low score of 15 to 8. This leaves the local quintet’s lost-and-won figures balanced with no further games on their schedule.

THE NATIONAL MONTHLY

A High Class Democratic Publication for 50c. a Year. If taken in connection with The Democrat, only $2 for both papers a full year. The Democrat has made arrangements with the publishers of the National Monthly for the exclusive clubbing privilege m Jasper county, and can offer this highclass democratic publication to its for only 50 cents Where taken in connection with this paper. '

The National Monthly is unlike any other periodical of a like nature published* Etch number contains a handsome cover printed id colors, and the cover design of each number for the past year has been the home of some former president of the United States. The periodical itself is printed in large clear type, on calendered paper, and is gotten up something after the style of the Ladies’ Home Journal. Sample copies may be had at The Democrat office. You will want the National Monthly after you have seen a, copy of same. See large ad elsewhere in today’s Democrat.

You cannot afford to buy a pair of shoes until you see our line and get our special prices a* The Cash Store— G. B. Porter.

BIG CROWD HERE WEDNESDAY

To Rensselaer’s Second Monthly. Horse Sale, MANY ANIMALS CHANGE HANDS And the Number Offered Came From Many Different Localities In This Section of the State—Next Sale April 6. Rensselaer’s second monthly horse sale was a hummer. A host of buyers were here and all the livery and hitch barns were practically filled with horses for sale, providing the owners could get their price, which is many instances was almost out of reason and higher than buyers could afford to go. In such cases the owners did not care much about selling, but would sell if what they considered a great big price was offered. The foreign buyers, of course, were buying for the market, and they could not pay for an animal more they could get for it and enable them to make a little profit. It was impossible to Team the exact number of horses sold, but the number was probably in the neighborhood of 60, some of which were sold to farmers themselves. were brought here from all parts of the country adjacent to Rensselaer, from Goodland, Brook, Morocco, Medaryville, Wolcott, etc., and the crowd of people in town was a sufficient guarantee that it was a success in bringing people to Rensselaer. The next sale will take place on Wednesday, April 6, and every farmer or any other person having a horse to sell, or wanting to purchase one should be sure to come out to this sale. It costs you nothing whatever to offer your animal for sale, or to sell it, except the trifling expense you are to in coming here. The sale is free in every way. Remember these sales take place on the first Wednesday of each and every month, and make it a point to attend if interested.

METHODIST CHURCH.

The themes for Sunday are: Morning, “The Witness of the Spirit;” evening, “The Law of Spiritual Harvesting.”

CHRISTIAN CHURCH.

The subject of the Sunday morning sermon is “The New Earth; in the evening, “The Unpardonable Sin,” by request. All are welcomed.

FIRST BAPTIST CHURCH.

Sunday School at 9:30. Morning worship at 10:45, subject of sermon, “An Approved Workman.” Junior B. Y. P. U. at 2:30. Senior B. Y. P. U. at 6:15, leader, Mary Gant. Evening worship and evangelistic services at 7:00, subject of sermon, “The Forgotten WaterPot. 4 ’ A short important business meeting of the church will •be called immediately' after the morning services.

BIG LOAD OF WHEAT.

W. H. Ritchey hands us the following clipping from the Monte Vista, Colo., Journal, with a request that we publish same for the benefit of Jasper county farmers who sometimes haul what they call pretty fair loads of grain: The heaviest load of grain ever hauled to market in this wide world by a single team wagon was delivered to the Monte Vista mill Thursday. The gross weight was *22,460 pounds, wagon. 2,120; net weight of wheat .20,340 pounds which brought, at >1.70 pe/ 100 pounds, $345.78. This load was hauled from A. D. Mathias’ ranch three miles north of town. After crossing the river bridge, one pair of hones drew it to the mill, a distance of two miles*. The team weighed 2,720 pounds, one horse is eighteen yean old and

the other twenty. .Chester Mathias drove the team. If anyone doubts this story, we can verify It by at least 200 people who witnessed the last mile of the draft. This load was on a Studebaker 3% Inch wagon, warranted to stand up under this mountain of wheat sacks piled upon It. The road was mostly a level grade and comparatively Smooth until near the mill and at the railroad crossing there is quite a grade. When the old horses finally crossed the highest point, they were greeted With a demonstration which seemed to be appreciated by the old fel-, lows who had performed the greatest feat of the kind in all ages, and after resting a few hours, they started home on a trot, apparently no worse for the big stunt.

CLASS SCRAPS.

The class spirit has been having an inning in the high school this week, and the four different classes have been trying to keep their penant waving on top of the water tower at the light plant, and each class has been represented during the past few days. Thursday night the nightwatch and marshal took a hand in the game and watched the tower most of the night to keep the boys from climbing the same.

GARBAGE NOTICE.

I wish to call the attention of residents of the city to the fact that it is unlawful to dump ashes or other garbage in the streets or alleys of said city. (See Ordinance No. 19), and also to the fact that it is now time to clean up, as much as the weather will admit, about your property—J. K. Davis, City Marshal.

BIRTH ANNOUNCEMENTS. Feb. 28, to Mr. and Mrs. L. McCarthy, a son. March 2, to Mr. and Mrs. J. C. Borntrager of west of town, a daughter. The Cash Store is selling shoes and dry goods of all kinds at a great sacrifice. Call and see. —G. B. Porter. We arefilling in again with new staple spring goods and will sell them at cost to help sell other goods.—Chicago Bargain Store. Special prices in all lines of dry goods at The Cash Store.— G. B. Porter. We will continue a short time to give you the greatest values over offered on everything.— Chicago Bargain Store. Come on boys, young men, middle aged men, and old men, and get ready for Easter with a nice tailor-made suit, top coat or cravenette. As we will fit you out in the very latest at moderate prices, Thursday, Friday and Saturday of this week. C. Earl Duvall. If. you need shoes or dry goods, attend the big sacrifice sale now running at The Cash Store.—G. B. Porter. We had buyers from Chicago to Philadelphia, Pa., but rather thah give it away to them, we have decided to give it to our customers. —Chicago Bargain Store. Don’t forget the tailor-made suit opening Thursday, Friday and Saturday of this week. Suits from $15.00 up. C. Earl Duvall. We are offering shoes at prices that cannot be duplicated. The Cash Store.—G. B. Porter. As we are obliged to open our store again, we will offer greater values than ever, to reduce stock at once for the final sale. —Chicago Bargain Store. Now is your chance to buy a tailor-made suit, Thursday, Friday and Saturday of this week. A perfect fit guaranteed or no sate* */ C. Earl Duvall. . Do not forget the big special Sale now running at the Cash Store.—G. B. Porter. Try The Democrat and National Monthly a year for only $2.00, sent to any address in the I nited

Vol. XII. No. 98.