Jasper County Democrat, Volume 14, Number 8, Rensselaer, Jasper County, 3 May 1911 — Page 1

Jasper County Democrat.

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BRIDGE GRAFTER GOES TO PRISON

Sapreme Court Affirms Lower Court in Bader Case UPHOLDS POINTS CONTESTED A Victory for Prosecutor Longwell and Judge Hanley Who Have Been Bitterly Assailed By a Small Coterie of Politicians for the Prosecution of This Case—Also Shows That The Democrat Was Right, as Usual.

The supreme court of Indiana, without a dissenting voice, last Friday upheld the decision of the Jasper circuit court in the case of the State of Indiana vs. Clinton L. Bader, superintendent and general manager of the Winamac Bridge Co., generally known as the “bridge graft case,” wherein Mr. Bader was convicted a year ago for presenting a false claim against Jasper county for the construction of a 70-foot span bridge over the Howe ditch in Milroy township, and Mr. Bader must now go to the penitentiary at Michigan City and serve out his sentence of two to fourteen years. Probably no case ever tried in Jasper county has attracted so much attention as this one, and the decision coming so soon after the oral arguments of the attorneys before the court —only last Tuesday—is somewhat of a surprise all around, and shows that the court from a study of the case and the evidence presented in the transcript had already made up its mind before the attorneys were heard and that there was nothing in the argument put up that was considered worthy of additional investigation. The decision was handed down by Judge Monks, one of the very ablest jurists on the bench, and was concurred in by all his colleagues. The points on which the defense hoped for a reversal are all held bad and the alleged errors of Judge Hanley in permitting certain evidence to go before the jury and in his instructions were not errors, and he is upheld on every point. The syllabus of the opinion says:

The omission of quotation marks after a fraudulent tlaim filed against the county, recited in the affidavit, is immaterial. , (2) The verification to a claim is not part of it and need not be recited. (3) Charging that one knowingly committed an act charges that he knew the claim was false. (4) The record kept by the auditor of the proceedings in ordering the construction of a bridge was competent evidence. (5) The specifications and blue print being,part of the contract, were admissible in evidence. (6) The state had a right to show by witnesses the smaller sizes of the steel used and what thq difference would amount to in weight, and how much less the bridge was worth as constructed than If constructed according to Contract. The witness, being an expert engineer, could testify as to difference of value. (7) Where defendant gave evidence as

to conversation relative to change in material and construction of the . bridge, it was not error for the court to instruct the jury of the commissioners’ inability to change the contract. (8) Instructions which may have been called for by the argument of defendant’s counsel will be presumed to be correct. (9 Good character can not work to prevent conviction and such instruction is proper. (10) It is not error to refuse instructions not signed by defendant or cpunseL It will thus 1 be seen that the defense “had not a leg to stand cn’ : in the appeal; that Judge Ilanlev did not err on any of the propositions of law excepted to, and that a complete victor}’ for the taxpayers has been achieved, thanks to Prosecutor Longwell, who in the face of the most bitter opposition from politicians of his own party here and the severe criticism and abuse of the

party organ, went ahead manfully and did his duty as a sworn officer of the law. j The decision can have nothing but a good effect all oxer the state. It is a victory for the right, and contractors in the future will have a Vare deliberately set about to defraud the taxpayers on public contracts. The general opinion, of course, is

that Bader was not alone in the bridge graft steal, but-it was he who was caught with the goods, and now he must suffer the penalty. The way of the transgressor is always hard, and even though he may have been made the “goat,” he did not see fit to open his lips and the men "higher up,” if there are such, will probably escape the penalty of their past misdeeds, while he occupies a felon's cell in the penitentiary. t * Mr. Bader was a man of more than ordinary intelligence and knew right from wrong, and yet he chose the wrong. He fully

deserves the sentence imposed upon him, but still we feel compassion for him and for his family—which is a highly respected one —for the disgrace he has brought upon himself and them, the compassion we feel for any man convicted of a crime against his fellowman. He had unusual advantages for keeping in the right track, and is really not deserving of as much pity as the poor devil who has grown up in the gutter, been kicked and cuffed about all his life and really had little or no opportunity to know right from wrong. If Bader fell in with a band of rascals and * allowed himself to become one of them he can have no one to blame but himself. There are six other indictments pending in the circuit court here against Bader, but as this verdict has been upheld it is not likely these cases will ever be pressed. Just what will be the “modus operandi” now seems to be a question. Bader gave a bond to the state and the governor, who, through misrepresentation of the facts, went out of his way to grant a parole pending appeal. This bond and the commitment issued by the Jasper circuit court seems to have been left with the governor. The late legislature passed an act admitting to bond persons convicted of crime, pending an appeal, but provides that the defendant will “abide by the order and judgment of the court to which such cause is appealed, and will, surrender himself In execution of the judgment if such appeal be affirmed or dismissed.”

Up to yesterday nothing had been done in the matter and we were . unable to learn what he will do. It would ; . appear from the act referred to that when the sentence was affirmed it was the duty of the defendant to surrender himself to the court and be taken to the penitentiary, even though application for a rehearing were made, and not be entitled to sixty days respite pending the application, as the legal mind of the Republican States.

CONVICTED OF MANSLAUGHTER.

The jury in the Michaels murder trial, after twenty-nine hours deliberating, returned a verdict in the Cass circuit court Sunday evening, finding the defendant guilty of manslaughter. This is the case where Michaels shot and killed his tenant, Pippinger, at his farm in Carroll county, last summer, during a quarrel.

WHEATFIELD GOES “WET”

By a Majority of 43 and Roselawn Does Likewise By 34. The local option elections Saturday in Wheatfield tp., Jasper county and Lincoln tp., Newton county, resulted in favor of the wets, who carried the former bv 43 and the latter by 34. Neither township has I,(XX) population, the license limit fixed by the commissioners of each county, and unless 1 - the commissioners choose to read something into the law which is not there, neither township can legally be granted a license. The proper thing to have done in each case would have been to deny the petition for the election, as stated by The Democrat at the tirrie. Two years ago, when the

county option election was held, Wheatfield’s wet majority was but 17 y and the almost two to one vote now of the wets indicates a change in sentiment there in favor of the wets, due, no doubt, more to the proximity Porter county, a notorious resort, than to any other cause. The total vote cast was 214.

THE TWICE-A-WEEK

RENSSELAER, JASPER COUNTY, INDIANA. WEDNESDAY, MAY 3, 1911.

THE COURT HOUSE

Items Picked Up About the County Capitol ■ '% At the meeting of the county board of education-Monday C. B. Steward was re-elected truant officer. Five marriage licenses were issued last month, against 13 for the preceding month, and 10 for April, 1910. It is now in order for some one of these ardent bridge graft defenders to offer to lay out Mr. Bader’s term of imprisonment. Charles Morlan has sold the two former Capt. Burnham lots on Scott street to Harvey Wood, Sr., who,, it is reported, will build a residence on one of the lots, either for himself or his son Van. The petition in the federal court at Indianapolis to have E. V. Ransford declared bankrupt was continued five days, 1 on account of illness of one of the attorneys, and the matter will come up for hearing today. The Democrat is informed that its list of probable aspirants for the office' of county superintendent was incomplete; that Ross Dean, History teacher in the Rensselaer schools, and one or two others whose names we were unable to learn, will be contestants for the place. Marriage licenses issued: Apr. 29, Louie Otto Ricks of Francesville, aged 19, occupation farmer, to Lida Marie Spencer, daughter of Charles W. Spencer of Rensselaer, aged 18,- occupation housekeeper. Fathers o( both applicants gave consent to marriage. Married by Squire Irwin. County Commssioner-elect W. H. Hershman of Walker tp., has recently purchased an E-M-F touring car. Commissioner Stackhouse owned a fine auto for months before his election as commissioner, and both hifc machine and MV Hershman’s are paid for. So the the taxpayer need not feel any apprehension.

The jury was excused Saturday morning after returning the Powell vs. Greenlee verdict until- yesterday morning at 9 o’clock when 'the cases of International Harvester Co. vs. Pratt and Louisa Moss vs. D. R. Brown were set for trial. The former case, however, was continued by agreement to next term by reason of failure to secure an important witness.

Father Jean Marie Poujas of St. Joseph’s College, a. native of France, received his “second papers” Monday and had his name changed to John Fern. Jean in French is John in English, and Poujas is Fern. Father Fern will go to Europe this summer tt> lecture on “America and American 1 Institutions,” and he wanted a good plain American to carry along with him. Court proceedings since our last report: State vs. Charles C. Graham; motion to quash indictment sustained. William E. Moore ditch; Frank J. Donnelly files remonstrance. Myrtle Lewin vs. Wm. I. Hoover, sheriff; re-set for trial fourth Thursday. Hiram Day vs. William G. Caldwell, et al. and Z. Anson Cox, crossplaintiff, vs. same; cause dismissed at costs of plaintiffs. Jesse C. Gwin ?s. Amanda Pearl Blankenship, et al.; foreclosure of mechanic’s lein, judgffient $85.60. Medaryville Automobile Co. vs. George L. Johnson, et al.; tranI script and papers filed on change of venue from Pulaski county.

The Winamac Bridge Co., it is reported, has busted up, and that Bader himself is in financial straights. Mont Hathaway, a Winamac attorney and a member of the firm up to its reorganization last, sumther, was on Bader’s bond, but he and Bader have had a falling out, it is reported, and about a month ago he notified Bader that he wanted

off this appeal bond. Judge Burson came over to Rensselaer to copy the language of the old bond that he might prepare a new one. it being of an unusual form, but learned here that it was to be down at Indianapolis, and went hence. A new bond was probably given, as Hathaway in his notice to Bader had limited the time ip which he must secure another bondsman in his stead.

George W. Tilton of Wheatfield has filed an application for a liquor license to conduct a saloon at that place. The application will come up for a bearing at the June meeting of the county commissioners. Just what action the commissioners will take in the matter by reason of \\ heatfield town and township not having 1.000 -population, the limit fixed in Jasper county for liquor licenses, we are unable to say. And now the legal inspiration of the Republican. Abe Halleck, admits that after carefully reading and considering the limitation features of the Proctor liquor regulation law that he has changed his mind and thinks a unit of less population than 1,000 —where such limit is fixed by •the county commissioners—is not entitled to a license. This is the position taken at the start by The Democrat, but we are free to confess that the courts may take a different view' of the question. However, county commissioners can accept our view if they wish and let the other fellows take the matter up for the “last guess.” When the charges of bridge graft were first made by Wallace Marshall The Democrat took the position that the matter should be fully investigated; that if the Winamac Bridge Co., was guilty it should be punished, and if not guilty it should be exonerated of the charge. Xo honest man could object to that position, yet The Democrat was the only paper in Jasper county that urged this course. The outcome has fully demonstrated that The Democrat was right again and that those who sought to shut off investigation by ridiculing the charges were wrong. We believe we can say without boasting that The Democrat is almost invariably right and well deserves its reputation as “The Taxpayers Friend.” The appellate court last Friday handed down a decision that is of interest to automobilists. Here is the syllabus of the opinion: 6961. Charles W. East vs. Zactaariah Am barn. Madison S. C. Affirmed. Hottel, J. (1) Though one operating an automobile has the same rights as others with vehicles in the highways, when he violates the Taw by excess speed or otherwise, that act of itself, if cause of injury, will give a right of action. One must act with regard to the rights of others or he must be responsible for damages. Case of an automobile causing a runaway, and it is held that the general verdict is supported by the evidence and not overcome by answers to the interrogatories. President W. I. McCullough and several other officers of the Fountain Park Assembly were over from Remington Monday and yesterday attending the trial of Chris Hensler against the Park association, wrho hold a lease for a term of years from Robert Parker for the Assembly grounds. Hensler bought the land on whieh the Assembly grounds are located and was trying to collect rent for the hotel building, owned by the association. Hensler wanted to know' just what rights he had and the suit is more to' determine this than anything else. When the trial came up Hensler dismissed, but the Park company had filed a counter complaint and seek to collect damages from Hensler

for the removal of the grandstand and judges’ stand from the old fair ground, which they had also leased from Parker, and determine their rights as to the hotel, restaurant and barber shop buildings. The case was heard by Judge Hanlev without the intervention of a jury.

Alter’s fine corn meal, 25c a sack.— -Depot Grocery

State and General News

NEW TIME CARD ON PANHANDLE. A new time card was effective on the Panhandle road last Sunday. the two new trains put on las summer being taken off and other changes in time made so that no eonneciions-at all are made with other roads. Thd east bound morning train which lor the last quarter of a century has made connections with the milk train at Reynolds now goes over an hour later, and passengers desiring to come to Rensselaer must now go on to Monticello and reach here at 10:05 a. m. instead of 7:31 as formerly.

MRS GREENLEE WINS OUT

In Action Brought Against Her to Collect Notes. The case of Powell vs. Greenlee was given to the jury Friday evening at about eight o’clock, and a sealed verdict returned at 3a. m. Saturday morning. The verdict was read on the re-con-vening of court Saturday morning at nine o’clock, and the general finding as well as the interrogatories submitted to the jury was in the defendant’s favor. The questions at issue in this case are familiar to the readers of The Democrat, and we will refer to them but briefly: Last fall Mrs. Eva Greenlee bargained for the purchase of the furniture and fixtures owned by Mrs. Powell, landlady of the Ndwels hotel, expecting to enter in the management of the hotel, and gave her notes for several hundred dollars therefor. Later on, when she was about to take possession of the hotel, she claimed that considerable of the property she had bought was not there or belonged to Chapman and Robinson, the owners of the building, and refused to accept any of it.

She sued for the return of her notes, but as they were not yet due the court held that the action was not properly brought, that, the proper method was to contest payment when an attempt was made to collect them, and dismissed the case. When the notes became due suit was brought for their collection, with the above result. The costs in the case will be considerable. The hotel has been locked up for the last six months, but Mrs. Powell will again take possession of same at once and conduct a rooming house, we understand.

LESLIE SHAW DISGUSTED.

Cheers for Woodrow Wilson Caused Speaker to Take His Seat. Xew York, April 20.—Former Secretary of the Treasury Leslie M. Shaw was probably the most iddignant individual in this city, today, over what he characterized as a “foolish break” by the members of the Xew York alumni of Pennington seminary. At the annual dinner last night, Shaw was the guest of honor, and in a bitter speech assailing progressive measures, but especially the direct election of United States senators the initiative, the referendum and the recall, he spoke disparagingly of Governor Wilson, of New Jersey. The mention of Wilson’s name aroused the diners, who cheered the former Princeton president to the echo and shouted “Wilson will be our next President.” to the utter disgust of Shaw, who, thoroughly disconcerted, sat down. In his speech he accused the lawmakers at Washington of “utter cowardice,” and said: “Apparently the people don’t want them to study the problems of government nowadays, but to stay near the telephone.”

EVEN BAD GRAMMAR

Disregarded By the Supreme Court In the Bader Case. The supreme court yesterday affirmed the conviction of Clinton Bader, of Jasper county, who, under the name of Charles Bader, was tried for the presenting of a false claim to the commissioners of Jasper county. Bader was the president of the

Vol. XIV. No. 8.

Winamac Bridge Company. The company built a bridge for Jasper county under a contract specifying the size and weight of the steel to be used. The contract price for the bridge was 51.400 and SI.IOO of this sum was paid before the bridge was fully completed.' After the bridge was fully completed the final claim of S3OO was filed. This is the claim on which he was tried, as it was alleged to be false from the fact that steel which was used in the bridge was more than thirteen thousand pounds less in weight than it would have weighed if the company had used the iron specified in the * contract. The completed bridge was only 65 per cent, of the contract weight, and not worth, it was alleged, within more than S3OO of the amount it would have been worth if the company had built the bridge according to contract. After Bader was convicted his attorneys represented to Governor Marshall that he had meritorious grounds for appeal and the Governor allowed him to go for a year on parole, pending the appeal. The reasons he assigned to the supreme court why his case should be reversed were that the indictment did not contain quotation marks after the ending of the copy of the claim filed, that the indictment only charged that he knowingly presented a false claim, which he contended did not charge sufficiently that he knew it was false; that he had a valid contract to build the bridge and the only proof was that he did not build it according to contract; that the indictment did not set out the verification to the claim and some few objections -relating to the rulings of the trial and instructions.

The supreme court says that even bad grammer or poor spelling will not void an indictment and that the quotatiop marks were immaterial, and the indictment could not be read to mean otfyer than that he intended to present a false claim, while the same rule would apply with regard to fraudulent work that applied in the Harry Brunaugh case. The court also holds there were no errors on the trial either as to evidence or instructions. - Bader, April 7, 1911, presented a petition to be released on bail again, pending his appeal under the new laws, but the court took no action on the matter. The case was orally argued before the supreme court on Tuesday of this week.—lndianapolis .News

The careful buyer—the man who demands most for his money, who wants to purchase a car new, with nothing later except a legitimate expense, is acting entirely within himself when he buys the Maxwell.

ADVERTISED LETTERS. The following letters remain uncalled for in the Rensselaer postoffice for the week ending May 1, 1911: Mrs. C. B. Whitaker, A. W. Crowtcher, W. E. Brandenburg, Jacob Getz, I. M. McGlathlen, Leo Weed. The above letters will be sent to the dead letter office May 16, 1911. In calling for the above, please say “Advertised,” giving date of list.—G. E. Murray, P. M.

TO FRIENDS OF THE DEMOCRAT.

Instruct your attorneys to bring all legal notices in which you' are interested in or have to pay for to The Democrat, and thereby save money and do us a favor that will be much appreciated. All notices—administrator, executor, or guardian—survey, sale of real estate, non-resident notices, ditch and highway notices, etc., tfre clients themselves control and attorneys will take them to the paper you desire..for publication, if you mention the matter to them ; otherwise they will take them to their own political organs. Please do not forget this when having any legal notices to publish-—■

Job printing of the better class type, ipk and typography in harmony—The Democrat office