Jasper County Democrat, Volume 18, Number 96, Rensselaer, Jasper County, 1 March 1916 — Page 1

Jasper County Democrat.

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Public Sale Dates. The Democrat lias printed bills for the following public sales: Thursday, March 2, J. F. Grouns, 9% miles southeast of Rensselaer. Closing out sale, including 3 head or horses, 4 milch cows, one fat sow, chickens, farm tools, household goods, etc.

Scrap to Be Aired in Court.

From all reports there was quite a merry scrap Saturday evening at the house occupied by Sam Duvall. It seems to be generally accepted that Sam and his wife have parted for keeps. They were married not quite two years ago—an elopement following a high school romance — and she is now supposed to be with relatives at or near Evansville, her father accompanying her there recently. Sam is updorstood to nave gone down tnere several days ago and was gone from here some three days. Whether he saw his wife or not we are unable to state, but when he came back he decided to sell off his household goods and give up the house he was occupying. It is understood that N. C. Shafer has bought the residence property of the owner and he purchased a part of the household furniture from Sam, just how much is a mooted question. Sam had removed some furniture Saturday and w r ent to the house again Saturday evening to take some of the light fixtures which he claimed. In the meantime Shafer had se-. cured Louie Muster to go down and put another lock on the door, and when Sam reached there he found Mr. and Mrs. Shafer and Muster in the house. A quarrel ensued and finally Shafer and Duvall came to blows. Mrs. Shafer ran to the Shafer garage, it is reported, and Shafer’s father, A. E. Shafer, went to the scene. The two Shafers an,d Sam mixed and in the melee some".blood was spilled, although no one was seriously hurt. The quarrelling and scrapping is said to have lasted about an hour and a half, and now affidavits charging the Shafers with assault and battery will be filed by Duvall, we are informed. No doubt the question as to the rights of the contending parties on the premises and whether or not Duvall sold to Shafer any of the property removed or attempted to be removed will be determined at the trial to follow.

High School Carnival a Great Success

The high school carnival Saturday night at the high school building, while not as largely attended as was previously anticipated, owing to the inclement weather, brought in s6l in total receipts. Practically all of the three floors Were used for the carnival attractions and amusements. ■ The “ballyhooing" of the numerous barkers for the several well produced attractions caused the fair-sized crowd to spend its money freely. The vaudeville performances given from the assembly *o.om stage were very good, and Miss Wilda Littlefield, in one of the acts, proved herself a very diplomatic hostess, indeed, converting her gentlemen guests into articles of furniture so that each guest should not know of the other guests’ presence. * The sideshows, consisting of the proverbial fat “lady,” wild men, bearded lady, mermaids, fortune tellers, etc., etc., were much in evidence on the third floor. The “Ford assembling factory” was the source of much merriment. The circus was an “added" attraction and proved a very pleasing portion of the carnival. Here the athletes of the high school disported themselves in regular daredevil fashion, while the audience perched themselves on the regulation circus seats. The candies, sandwiches, etc., for sale on the first floor, were practically all sold.

Household Goods at Auction Saturday Afternoon.

One large rug, organ, sewing machine and other household goods to be sold at public auction on Saturday afternoon on court house square. —MRS. LUCY CLARK.

Residence Property at Public Auction.

The Leech property on west Vine street will be sold at public auction to settle the estate, on Saturday, March 4, at 2 p. m., at said residence. Possession can be given at once. Terms will be made known on day of saIe.—FRED PHILLIPS, Auctioneer.

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COURT HOUSE NEWS IN BRIEF

Interesting Paragraphs From the Various Departments OF JASPER COUNTY CAPITOL The Legal News Epitomized—Together With Other Notes Gathered From the Several County Office*. Prosecuting Attorney Hess came over from Kentlnd Monday to look after cases in court here. Sheriff McColly accompanied Sheriff Whitaker of Lake county to Jeffersonville Monday with a bunch of prisoners from Lake. Clerk Perkins received acceptn'xce yesterday from the authorities at Longbliff for Mrs. Zella Kupke of Gifford, who was declared insane last week. She will probably be taken to the asylum today. It has been rumored in some quarters that Robert J. Yeoman of Newton tp. was to resign from the Democratic ticket as candidate for county commissioner from the second district. This rumor is unfounded. Mr. Yeoman will not only remain on the ticket but will make a vigorous campaign for election. He is a very capable, well Informed gentleman and will make an excellent commissioner.

The election commissioners have appointed the following inspectors for the primary to be held next Tuesday, March 7: Barkley—East precinct, Charles Moody; West, Charles W. Reed. Carpenter—East precinct, Samuel Bowman; West, Ad Hensler; South, J ohn Phelps. Gillam—James Rodgers. Hanging Grove—George Parker. Jordan—Harvey Roadifer. Kankakee—R. E. Davis. Keener —Clifford Fairchild. Marion—No. 1, J. W. Coen; No. 2. Sam Roth; No. 3, Charles Sands; No. 4, A. iH. Hopkins. Milroy—W. B. Fisher. Newton—Earl Leek. Union—-North precinct, F. M Goff; South, James McClanahan. Walker—J. F. FefTet. Wheatfield—M J.- Delehanty.

George Wilcox and Tony Keiper, two of the parties whom Count}' Highway Superintendent Gray filed affidavits against last Thursday for violations of the law regarding heavy hauling over the improved roads, when such roads are in a soft condition, went before Squire Spitler Friday and entered pleas of guilty to the charge. They were given the minimum fine of $5 and costs, amounting to sl4 in each case. Floyd Ampler, the third party charged with a like offense, refused to plead guilty and in a jury trial was acquitted. He was represented by Attorney W. H. Parkinson, while C. M. Sands, deputy prosecutor, represented the state. His defense was, we are told, that the roads were solid when he hauled his load and there was no evidence to dispute the statement.

Co. Supt. Larason was up in Walker tp. Friday for the purpose of pouring a little oil on the troubled waters at Walker Center school, taught by Miss Lulu Nelson of Tefft. It is said that three young women of the neighborhood, Anna and Catharine Karch and Grace Knapp, went to the school last Wednesday and threw bushels of rocks at the ’ building while school was in session, but that they deny the charge. Mr. Lamson had apparently get matters quieted down, but Sunday, when a number of young folks went there to hold Sunday school they found the school house locked and it was reported that Trustee Salrin had decided, owing to the former trouble, not to let the building be used for Sunday school. George Karch, Supt. of the Sunday school, a brother of the Karch girls, and others broke into the building, miich to the indignation of the trustee, and more trouble may result. New suits filed*: ’No. 8580. John Zehr and Christ Stoller vs. Peter May and Reuben Zehr; suit on account. Demand S3OO. No. 8581. Frank 'E. Lewis vs. estate of B. J. Gifford;

THE TWICE-A-WEEK

RENSSELAER, JASPER COUNTY, INDIANA. WEDNESDAY, MARCH b 1916

disallowed claim for services as general manager of decedent’s business from March 30, 1903, to March 30, 1913, ten years at $2,500 per year, $25,00Q, less payments received of SB,ICO, leaving claim $16,840. No. 8582. Clifton J. Hobbs vs. estate of B. J. Gifford; disallowed claim for services as civil engineer and superintendent of construction and maintenance of C. & W. V. Ry., and drainage, from March 15, 1903, to March 30, 1913, ten years at $2,000 per year, $20,000, less $7,800 payments received, leaving claim $12,200. No. 8583. American Agricultural Chemical Co. vs. John Herr; suit on notes. Demand $425. No. 8584. William C. Faylor vs. John W. Faylor et al; action to quiet title.

Deputy Prosecutor Sands was up at Wheatfield Friday to look after some cases of “plain drunk" in that bailiwick. Affidavits has been filed in S(pi:n \ • n iJoozei’: court against George Hoehn, William Weise and John Erwin. Hoehn was charged with driving an auto while intoxicated, and on a plea of guilty was fined $5 and costs. Erwin also plead guilty and was lined $1 and costs. Weise escaped arrest until Friday night, he having closed his soft drink place and it was thought had left town. Instead, however, he had kept close to his home, within doors, it is said, but ventured out Friday night and was nabbed. He plead guilty to intoxication and was fined $25 and costs, amounting in all to $3 3. Hoehn, who is a butcher at Wheatfield, is alleged to have frequently drove his car when quite well “jagged,’’ and the Squire will recommend the cancellation of his auto license, The particular offense on which he was arrested was committed Thursday, when with William Montague of North Judson, he started out to attend a public sale. The auto ran into a ditch and his companion was bruised up somewhat, one of his limbs being considerably sprained.

Marriage licenses issued: Feb. 23, Paul Henry Norgor, sqg of James Norgor, of Rensselaer, aged 23 July 3 last, occupation clerk, to Agnes Jane May, daughter of G. H. May, also of Rensselaer, aged 24 Decembex - 14 last, occupation housekeeper. First marriage for each. Feb. 23, Bart Grant, son of Shelby Grant, of Rensselaer, aged 30 July 2 2 last, occupation farmer, to Alice Pearl Daniels, also of Rensselaer, aged 29 January 25 last, occupation housekeeper. First marriage for each.

Feb. 26, Jesse Schembs, son of Robert Schejfibs, of Remington, aged 25 March 25 last, occupation farmer, to Floretta Casey, daughter of Sanford Casey, also of Remington, aged 22 March 5 last, occupation housekeeper. First marriage for each. Feb. 26, Charles P. Clemans, son of C. W, Clemans, of Surrey, aged 18 July 26 last, occupation farm laborer, to Ethel May Watson, daughter of Alonzo Watson, also of Surrey, aged 16 September 30 last, occupation housekeeper. First marraige for each. Both being under age, mother of male, Mrs. Ettie Clemans, files written consent to issuance of license, and father of female, Alonzo Watson, files like consent for latter. Feb. 28, Arnmen Tilden Osburn, son of N. Osburn, of Gillam tp., aged 35 July 13 last, occupation farmer, to Anna J. IHermansen, daughter of C. P. llermansen, of Gillam tp., aged 29 June 6 last, occupation housekeeper. First marriage for each. Feb. 28, Alfred E. Zook of Gifford, aged 40 Dec. 8 last, occupation truck growing and farming, io Lillian Stump of Wheatfield, aged 18 April 11 last, occupation housekeeper. First marriage for each. Married by Rev. Asa McDaniel in the clerk’s office.

Double Wedding in Gillam Tp.

A double wedding occurred yesterday at the country home of Mr. and Mrs. P. T. Robinson in Gillam, when their son True became the husband of Miss Hazel Lowery, and their daughter, Miss Carrie, was married to Harry Saltwell. Rev. Harry Huber officiated at the double ceremony. Each couple has arranged to go on a farm in a few days and the congratulations of their hosts of friends go with them.—Francesville Tribune.

The Motor Service company has

dissolved partnership and all bills and accounts are payable to M. J. Schrqer.—M. J. SCHROER. ts

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NEWTON TP. CASE REVERSED

Higher Court Holds That Trustee Must Make Provision to Haul Pupils. The cag6 O f j ay w. Stockton vs. Edward P. Lane, former trustee of Newton tp., which has been pending in the supreme court for some time, was reversed last Friday, the higher court holding that where a school is discontinued, it is the duty of the township trustee to furnish transportation for the pupils of the abandoned district to the district to which they have been attached. The case grew but of the failure of the trustee* to .furnish transportation for Mr. Stockton’s children, and the lower court ruled in fa.vor of defendant on demurrer to the complaint. In reversing the base the higher court held: (11 Action on the bond, of a township trustee for failure to haul children to school where a school district has been abandoned. The trustee and bondsmen, appellees, demurred to the complaint. The demurrer was sustained and relator stood on the ruling on demurrer, A portion of the Objections to the complaint are overcome by Greenlee vs. Newton, etc., 55 App.' 630. To the objection that the trustee owed his duty to the public and possibly to the children, but not to the relator parent, the court says that although a private person is not entitled to damages for each failure of an officer to perform his duty,' he can recover where he shows some special injury by the neglect of duty. It is held that the parent patron is a proper person to bring the action where there is a neglect. (2) "Under the allegations of the complaint and the section of the statute relied upon by appellant, it was the trustee’s duty to make some provisions for the transportation of relator’s children. He liad no alternative but to act. In providing for such transportation he was of course required to exercise some judgment and discretion as to the means employed, but the law did not permit him to decide whether or not any transportation should be furnished.” * * ♦ “In failing to act at all the trustees disregarded a plain provision of the law and applying the above test failed to perform a ministerial duty." (3) Where there was an affidavit for a change of judge and another as special judge was appointed but failed to qualify for over twenty days, but appellant appeared before him and the cause was set for a hearing, he waived the question of the capacity of the special judge and his motion nine days after to have a special judge appointed by the governor was properly overruled.

Popular Young Gillam Township Couple Married.

Mr. Ammen Osburn, son of Mr. and Mrs. N. Osburn, and Miss Anna Hermanaen, daughter of Mr. and Mrs. C. P. llermansen, both of Gillam tp., were married Monday evening at the Barkley parsonage by the Barkley M. E. minister. They were accompanied by the sister of ihe groom, Miss Nellie Osburn, and a sister of the bride. Miss Ethel Hermanson. From the parsonage they drove to the home of the bride’s parents where a fine wedding supper was served. Mr. and Mrs. Osburn will reside on a farm near Grass Creek, Fulton county, and will be at home Io their friends after M a rch 1 0. Both the contracting parties are veil and favorably known and are an excellent young couple. Mr. Osburn is a sturdy young farmer of good habits, and Miss llermansen has successfully taught in the schools of this county for the past few years and is a splendid young lady with hosts of friends. A shower was given for the bride Saturday night at the home of the groom’s parents by the (’. B. Chib girls. There were 4 3 present and a number of nice presents were received, but one she appreciated mo.-n was a bible from the Glendale school children. The Democrat unites with the many friends of Mr. and Mrs. Osburn in extending hoartv congratula- ■ - tions.

Thayer Agent Case PostPoned.

Owing to the fact that the Monon railway company was not represented before the public service commission when that body met at Thayer last Thursday to inquire into the matter of the discontinuance of the station ageqt at that point, thereby making it necessary for natrons of the railroad to pay on the train, the case was postponed until a later date.

Rirth Announcement. Feb. 22, to Mr. and Mrs. Adam ’ Plesher of Newland, a son. Feb. 23, to Mr. and Mrs. Earl Clause, a daughter. * • , Feb. 26, to Mr. and Mrs. Bert' Duggins of north of town, a son. i Feb. 27, to Mr, and Mrs. Frank Gruver, a son.

GENERAL AND STATE NEWS

Telegraphic Reports From Many Parts of the Country. SHORT BITS OF THE UNUSUAL Happenings in the Nearby Cities and Towns—Matters of Minor Mention From Many Places. DEFY THE PRESIDENT Armed Liners Will Be Slink on Sight, Teutons Warn. Washington, Feb. 28.- —Germany and Austria-Hungary have answered President Wilson’s letter to Senator Stone by a note presented to the state department today by the German ambassador and concurred in by the Austro-Hungarian charge d’affaires, announcing that their submarines will sink on sight armed merchantmen encountered upon the high seas after midnight tomorrow. This is the Interpretation placed by the administration upon the change which has taken place in the attitude of the central powers during the last few days.

TO WED SON OF MAYOR.

Daughter of Rev. C. L. Harper, Formerly of Rensselaer, to He Married at Delphi. Delphi, Ind., Feb. 25.—Miss Mary Harper; oldest daughter of the Rev. and Mrs. C. L. Harper, of the Delphi Methodist church, and Gwin Smith, son of Mayor and Mrs. W.C. Smith of Delphi, will be married at the home of the bride’s parents Saturday, March 4. The bride’s father! will officiate. Miss Harper la a "graduate of the Rensselaer high school. She attended DePauw university for sevearl years and Is a member of the Alpha Chi Omega sorority. She is a musician of ability, having been the pipe organist in the church of which her father has been pastor for the last two years. Mr. Smith Is a graduate of the Delphi high school, class of 1913, and attended DePauw university for one year and the school of agriculture at Purdue university for a year. He Is a member of the Phi Gamma Delta fraternity. The wedding is the result of a romance that began two years 'ago, when the-local chapter of the Epworth league sent Miss Harper and Mr. Smith as delegates to the district meeting in South Bend. The bride has lived in South Bend, Indianapolis, Rensselaer and Delphi, her father having been pastor of Methodist churches in those cities.

CALDWELL CASE SETTLED NOW

Court Approves Final Compromise— Some of the Land Will lie Sold ami Home Established. Fowler, Feb. 28.-—The celebrated Caldwell will case was finally settled Saturday, when Judge Berry approved the contract of settlement made by all the parties and their attorneys. By the terms of the settlement, Mrs. Katherine Haines received 500 acres in fee simple in full for her life estate in a section of land arid for her life estate in onethird of the net income.' Mrs. Follansbee gets her annuity of $5,000, her daughter, Mrs. Florence Butler, and Anna Bckstadt get their annuity of $2,000 a year. Nellie Fowler and Freeland B. Caldwell get their annuity of SI,OOO each. All these annuities are secured by a lien on the property instead of merely on the income from the property. No appeal will be taken from the decision of Judge Vinton sustaining the compromise. The Charles Fowler children and widow receive their section of land js provider! for in the wdll but get no rent for the two years that the estate was managed by the receivers. All back annuities are paid in full without any interest, all other devisees will get their legacies in full. It Is the trustee’s intention to sell enough land in the near future to pay all claims against the Caldwell estate, including the i $250,000 to be paid the plaliitiffs, .this will leave from 2,500 to 3,000 ! acres clear, out of which the annuities of $9,000 a year will be paid [leaving SIO,OOO to $15,000 a year for the home for mothers and their I sick babies. The trustees hope to be

Vol. XVIII, No. 96

able to open this home within a short time and it will eventually have a yearly net income of from $20,000 to $30,000 and will be one of the best endowed charitable Institutions of the state.

First Day of Contest to Bar Sunday Shows Exhausts Jury Panel.

Lafayette, Ind., Feb. 28.—The city's tight against the opening of ' Sunday shows here opened In the circuit court today when attorneys commenced the grind of obtaining a jury to hear the case against M. Rubinoff. Prosecutor Roy Street has called all the managers and owners of motion picture theaters in the city as witnesses. The first panel of veniremen was exhausted this afternoon and it Is probable that a jury will not be filled before Wednesday. Mayor Bauer and the ministers of the city are fighting the opening of the ’’movies" on Sundays. Tliq trial will bring out several phases of the matter, Including the right of the shows to be run on Sundays by a Jew, who observes Saturday as his Sabbath. Rubinoff Is a Jew and was acquitted by a jury recently in a similar case In city court, his defense being that ho observed Saturday as his Sabbath and should bo permitted to pursue his usual avocation on Sunday.

Buys Another Team to Replace That Killed by Lightning.

N. Osburn was down from Gillam tp. Friday and bought another team of horses to take the place of the team he had killed by lightnlfig the Tuesday night previous. He bought a good team of geldings at the Joe Cain sale, paying $420 for them. He stated that the appraisement of damage to his other horses by the lightning had not been made as yet; that they were waiting a few days to see how the animals camo out of It. There were 21 head In the barn when It was struck, and besides the two killed, several were rendered deaf, temporarily at least. He valued the pair killed at SSOO, but would get but s3oo' Insurance. One of the animals would have weighed about a ton. The last time it was weighed It tipped the scales at 1960, and he thought it had gained at least 40 pounds since that time. The barn was considerably torn up by the stroke, he stated.

City Council Proceedings.

The common council met in regular session Monday evening with only Councilmen Wood, Tobias and King present, and transacted the following business: J. C. Gwin's petition for a crossing on Vine street was referred to the street committee. The city engineer filed plans and specifications for the Dayton street sewer between Make-emself and Dayton streets. The resolution was passed to second reading. J. P. Hammond et al petition for sewer, to start in alley of block 23, original plat, and run down Rutsen street, emptying into the river. City engineer instructed to prepare necessary plans and specifications, and city attorney to prepare resolution therefor. The resolution of Frank J. Donnelly ct al to oil several city streets was passed to third reading. The council adjourned to meet again Friday evening at 7:30, at which time the Rutsen street sewer resolution will be again taken up and put upon its passage. The following claims were allowed; CORPORATION FUND. Vern Robinson, sal marshal. . $30.00 •Frank Critser, sal nightwatch 30.00 Chas. Morlan, sal city clerk> . 33.33 ROAD FUND. Chester Zea, sal city teamster 30.00 Harry Swartzell, wk on street 28.00 Fred Ferguson, same ... . . 24.00 Geo. Green, same sewer .... 4.50 Don Warren, same 4.50 Geo. Hurley, same 4.50 ELECTRIC LIGHT FUND. C. S. Chamberlain, salary .. .. 62.50 ' T. J. Hoyes, same 35.00 T. E. Malone, same 35.00 Dave Haste, same 35.00 Dick Hartman, same ....... 30.00 Jesse Gates, hauling coal ... 55.25 Jesse Gate#*, same .. 10.00 Vandalia Coal Co., coal . . . . 238.62 Standard Oil Co., oil 21.46 General Electric Co., meter. . 24.70 C. M. Sands, freight paid. . 184.39 W. B. Burford, supplies .... 5.25 C. M. Sands, paid contractor 243.55

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