Jasper County Democrat, Volume 19, Number 75, Rensselaer, Jasper County, 16 December 1916 — Page 1

Jasper County Democrat.

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STOCKTON TRIAL SUDDENLYENDED

When Judge Wason Found Errors In (he Indictment. HAD OVERRULED MOTIONS To Quash and the Case Had Gone fto Trial and Two Witnesses Had Been Examined.

The case of the state of Indiana vs. Jay W. Stockton, charging Mr. Stockton with perjury in testimony given (before some field examiners who had been called to Jasper county to look into the alleged hauling of some corn from the Jas'per county poor farm by teams of County Commissioner D. S. Makeever during the year 1915 and which corn alleged to have been hauled from said poor farm during said year had not been reported in the reports of the superintendent of the poor farm in sales of corn made during said year, came to a sudden end in the White circuit court Wednesday morning, when Judge Wason took the case from the jury and quashed the indictment after finding palpable error in the indictment.

The case was taken to White county on change of venue from Jasper on affidavit by the defendant and the general motion to quash was argued December 2, and motion overruled.

There was a great array of legal talent employed in this case, the state being represented by Prosecutor Hess of Kentland, Deputy Prosecutor Sands, W. H. Parkinson, Mose Leopold and George Williams of Rensselaer, Prosecutor Brockway, p. B. Sellers and Sills & Sills of Monticello, a total of nine attorneys, while the defense was represented by A. Halleck of Rensselaer, W. W. Lowry of Indianapolis and Palmer & Carr of Monticello, a total of fooir, or a grand total of thirteen attorneys on both sides. A large number of witnesses had also been summoned on each side, practically all those who testified in the recent Morlan trial here (charging a like offense) and quite a number of others who were not summoned in the former case. Among > the latter were Mr. and Mrs. Elizur Sage of Redwood Falls. Minnesota.

As near as The Democrat can gather the proceedings had in court were about as follows: The case came up for trial Tuesday and a jury was secured about 3 o’clock Tuesday afternoon. Bert Winters, deputy state examiner, took the stand Tuesday evening. Defense objected to certificate of appointment being introduced in evidence for the reason that it showed on the face of the certificate that Tie was appointed by the state examiner and not by the state board of accounts as alleged in the indictment.

The court stated that he was in doubt at this time on the question raised by the defense, and asked the state to produce some authority to enlighten him on the point raised. Further argument was had Wednesday morning and some authorities cited by the attorneys. The court then said that he was not entirely clear in the matter but had decided to overrule the motion of the defense.

After the examination of Winters, "Barton” Stout, the field examiner who administered the oaths to the witnesses examined here when the matter was investigated last February, was called to the stand and his certificate of appointment was presented. The defense objected to this testimony for the reason that the name in the certificate was not the same as that given in the indictment. The court overruled the objection, but a moment later stepped down from the bench and picked up the certificate and returned with it to his seat. After examining it he said: “I find the name in the indictment 'fearton’ Stout, and this certificate shows that it should be ‘Berton’ Stout. The case is withdrawn from the jury, jury discharged and the court quashes the indictment.” The whole thing came so suddenly that every one was stunned : for

the moment. The state’s attorney said that a new affidavit would be filed and, as the case originated in Jasper county, the defendant was asked to elect in which county he would be prosecuted, as the law provides in such cases. On advice of his attorneys who did not care to jeopardize any advantage gained the defendant declined to elect and the court placed him under SI,OOO bond, which was signed by Edgar S. Thornton as surety, to appear on the first day o£ the next term of the Jasper circuit court, and it is now uip to the state’s attorneys to file a new affidavit if they decide to go any further in the matter. While it is understood that the court has made his order to read that “the court sustains motion to quash heretofore filed,’’ the defense contends that the court had overruled its motion to quash some ten days before and that it had not since filed another like motion, that the jury had been sworn to try the cause, that witnesses had been examined and that jeopardy had attached, therefore the defendant cannot again be prosecuted on the same charge. The attorneys for the state contend differently, however.

These questions, of course, are matters that will come up later, but at present Mr. Stockton is not under arrest nor charged with any crime. He is merely under bond to appear on the first day of the next term of the Jasper circuit court.

WAGON AND AUTOS COLLIDE

Two Cars and Farm Wagon In Mix-up Monday. Mike Kuboski had quite an exciting experience Monday afternoon when returning from W. H. Barkley’s sale in Barkley township.He was driving his big Buick car and when near the Norman corner north of town he drove up behind a man driving a lumber wagon and having a chicken coop on top of his wagon bed. Mike “honked’’ two or three times to go by, but the man either did not hea» him or paid no attention. He then attempted to turn ou>t to the side to go by but the ruts held his car to the road. He applied the brakes, but having no chains on the wheels and the big machine slid on the snow and ice and rammed into the rear end of the wagon, knocking the chicken coop back into the front of the auto, breaking one lamp and the dash. No damage was done to the farmer’s rig except to give the man a big scare. To add to the confusion, while Mike was trying to get untangled from the rear of the wagon, Lynn Daugherty, who was driving a Ford some distance back, came up and he had the same -difficulty that Mike had in attempting to turn out to go around, with the result that he jammed into the rear of Mike’s car, smashing the radiator, lights and fenders of his Ford. No damage was done to the Buick, however, by this latter collision. Mike says next time he goes out he is going to take a flagman along, so he can send him back to flag other cars when he has occasion to stop so unceremoniously.

L. D. ERWIN DIED AT KENTLAND

Aged Father of Mrs. N. Littlefield Passed Away Wednesday. Lorenzo Dowell Erwin, aged 85 years, father of Mrs. N. Littlefield of this city and Felix Erwin of Fair Oaks, died Wednesday at Kentland at the home of W. F. Armstrong, where he was-viSFting. Mr. Erwin hFd recently underwent an operation at the Watseka hospital for the removal of a tumor on his left shoulder. He left the hospital last week and went to Kentland where he intended to visit a few days before returning to Brook, where he made his home with his daughter, Mrs. Alice Vondersmith. While at Kentland he was taken suddenly worse and passed away. The body was prepared for burial and then removed to Brook. Funeral services were held at the ■Christian church in that place Wednesday afternoon and burial made in the Brook cemetery. Mr. Erwin is survived by seven children, two sons and five daughters, as follows: Felix Erwin, Fair Oaks; David Erwin, Mitchell, South Dakota; Mrs. N. Littlefield, Rensselaer; Mrs. Alice Vondersmlth, Brook; Mrs. Nan Waterman, Chicago; Mrs. R. O. Graves, Marshfield, Oregon and Mrs. Ida Hoover, Sedalia, Missouri.

THE TWICE-A-WEEK

RENSSELAER, JASPER COUNTY, INDIANA, SATURDAY, DECEMBER 16 1916.

COURT HOUSE NEWS IN BRIEF

Interesting Paragraphs From lira Various Departments OF JASPER COUNTY CAPITOL The Legal News Epitomized—Together with Other Notes Gathered from the Several County Offices.

Today is the day for the election of road supervisors’ throughout Indiana. The supervisors are elected for a term of two years, and the voters should not lose sight of the fact that the office is a most important one, and the best man should receive support.

The late Benjamin Harris left a personal estate, it is currently reported, of about SIOO,OOO, most of which is said to have been in government bonds, and something like 1,000 acres of land. The wife and daughter get all the personal estate except as heretofore noted in The Democrat’s reference to the will, and a life estate in all the realty.

Marriage licenses Issued: December 13, John Graham Parkinson of Pleasant Ridge, aged 26 July 20 last, occupation farmer, to Ruth Violet Hurley of Rensselaer, aged 17 November 8 last, occupation housekeeper. First marriage '-for each. Female being under age her mother, Elizabeth J. Hurley, gives consent to issuance of license. Married at the Methodist parsonage by Rev. Strecker.

A few errors occurred in the report of the treasurer of the Jasper county Democratic committee, as filed with the county clerk, and a corrected report has been or will be filed. In the report of balance on hand last report and receipts of the late campaign, a contribution of $25 from E. P. Honan was accidentally omitted, which made the total of balance and receipts $384.31. Also, in the disbursements, an error occurred in the total, as filed, which with a few others made since the first report was filed, made the total disbursements $263.36, leaving a net balance on hand, with perhaps a few bills not yet paid, $120.95. These errors were discovered' at the county central committee meeting Wednesday when a committee appointed by Chairman Welsh audited the treasurer’s books.

The new bounty hospital board has secured Miss Bertha Brunneman of Elgin, Illinois, as superintendent and she will receive SIOO per month with board and room, of course. Miss Brunneman is a lady about 35 years of age and has had considerable experience in hospital work, having served as superintendent of the Lake Forest, Illinois, hospital, the West Side hospital, Chicago, the latter with 160 beds, and the Cayuga county hospital at Cleveland, Ohio,- at which latter place she was also conductress of a. training school for nurses. She is said to be a very competent lady and as the success of a hospital depends to a great extent on the superintendent the board feels that it has made an excellent selection. It was hoped to have the new hospital fully completed and ready to turn over to the county by the middle of January, but delay ip the arrival of some parts of the equipment for the electric elevator hardly makes this possible now, and it may be February 1 or later before it is ready to turn over.

THE POULTRY AND CORN SHOW

Don’t lose sight of the fact that the third annual exhibit of the Jasper County Poultry association, in connection with the first corn show, will be held in Rensselaer the first week in January. No entry fee is charged in the corn show, it being entirely free to the farmers of Jasper county. Write the president, J. M. Sauser, or secre-tary-treasurer, J. H. Webber, for premium list. The show will be held again this year in the armory and will be open from 9 a. m. to 9 p. m. from; January 3 to 6 inclusive. Admission to the hall is absolutely free.

MONNETT SCHOOL RECEPTION

Distinguished Visitors Here for Opening of Building Campaign. A reception was held at the Monnett School for Girls Thursday evening in honor of the distinguished guests.here for the opening of the $50,000 building fund campaign and the board of trustees and building committee. About twenty-five were present and short talks were made by Rev. D. W. Howell of Buffalo, New York, general secretary of the deaconess board; G. H. Bright, director of the campaign; Rev. Paul C. Curnick of Indianapolis, Rev. George W. Switzer of Lafayette, A. W. Coen, architect of the proposed new buildings; Mayor Spitler, C. R. Dean and Mrs. H L. Brown. A banquet prepared by the older girls of the school was then served the guests. At. the present time the work of raising the desired sum for the new buildings appears quite feasible. Hundreds of churches over the state and in neighboring states have made all arrangements for taking a special Christmas contribution for the school, and contributions are expected from many other services. It is proposed to erect a SIO,OOO gymnasium and there is little doubt but that some one person will furnish this amount and the gymnasium will be known by that person’s name. Other contributions for different rooms are expected, and such rooms would also be named after the person making the donation. Pictures of the new buildings, as prepared by the architect, were shown. All told, the institution will consist of three separate buildings and will provide accommodations for 100 girls.

A statement was also made of the first contributions made in the present campaign. The first offering came from a little town in Ohio, which had heard of this school and the good it proposed to do. The second came from Joliet, Illinois; the third from Brookston, the fourth from Winamac and the fifth from Star City. As yet no contributions have been received from Rensselaer.

LANDOWNERS TO INCORPORATE

To Deepen Ditches in Gifford District for Better Drainage. At the drainage meeting held at Gifford Thursday night there was a good attendance of landowners and an organization was perfected to be known as the Gifford Drainage association, capital $40,000. Officers were elected as follows: President, T. M. Callahan; vice president, Otto Knoerzer; treasurer, John Eger; secretary, N. G. Hlalsey; directors, S. C. Irwin, John Eger, Otto Knoerzer, Harry Gifford, T. M. Callahan. Steps will be taken at once to incorporate under the laws of Indiana, and a meeting will be held today in Rensselaer to complete all details, at the office of the secretary.

It is expected to have survey heretofore made for the deepening of the main Gifford ditch and lateral No. 77 checked up and be ready to advertise the letting within ten days, and let contract within thirty days. It is proposed to do the work with a dry land dredge, getting started very soon after the contract is let and have much of the work of deepening the ditches completed by early spring.

REAL KRIS KRINGLE WEATHER

We. have been having some real Christmas weather this week despite the "weekly forecast” of the weather bureau which promised “cold first half of week; normal temperature after Wednesday” for this section of the country. While Wednesday was quite cold, the mercury dropped to two below zero Wednesday night and did not rise to more than eight or ten above during Thursday. Thursday night it dropped to nine below, according to the government thermometer out at St. Joseph college, and held close to the 0 most of the day yesterday. While we associate snow and .cool weather with Christmas, the weather this week has been a little too severe to make business. good except for the coal dealer. There is-but two or three inches of snow on the ground, although sleighing is not bad because of the hard and icy condition of the roads.

Men’s and boys’ sweaters, plain or striped, the very Xmas gift for him, 75c to I&50. THE CLOTHING HOUSE OF WM. TRAUB.

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. EDITOR IS ELECTED ASSESSOR Lafayette, December 13. —The Tippecanoe county board of commissioners held a special meeting yesterday and selected Charles F. Williams, Jr., editor of the Lafayette Leader, county assessor to fill the vacancy caused by the death of Roderick P. Fraser, Republican, last Fraser had two more years to serve. Williams is a Democrat and served one term as city clerk of Lafayette. He was not a candidate for the office.

FIRED WITHOUT PROVOCATION

Lafayette, December 13.—Michael Mulchey was the principal witness for the prosecution today in the Brock murder trial In the circuit court. Mulchey told the jury that he was with Henry Brock when Brock shot and mortally wounded Edward Manson, a colored school boy. | Mulchey said the deed was committed without provocation; that Manson simply brushed against Brock and that the latter, who had been drinking, drew a revolver and fired three times. One of the bullets passed through the boy’s body

WISHES PRESIDENT TO COME

Democratic Editorial Association Plans for Midwinter Meeting. The Indiana Democratic Editorial association will invite President Wilson, Vance G. McCormick, Democratic national chairman, and Governor Major of Missouri to be its guests at the midwinter meeting of the association, which will be held at the Denison hotel February 8. This was decided by the officers and members of the executive committee of the association at a meeting yesterday afternoon. A formal invitation will be sent by the officers of the association and Governor Ralston and Democratic members of the congress from Indiana will urge the President and others to accept. The meeting will be a two-day affair. The first day will be devoted to a love feast and the second day to ing a few days ago.

TRAIN CRASHES INTO BUGGY

One Child Killed and Three Others Are Injured. Lafayette, December 14.-—One child was killed and three slightly injured when a Lake Erie & Western passenger train crashed into a storm-curtained buggy loaded with school children at a railroad crossing in Montmorenci, west of Lafayette, today. The head of Velma Christian, 8 years old, was crushed and she died a few minutes later. Mary Christian, her cousin and Ross and Kenneth Edwards jumped as the train struck the buggy and they escaped with slight injuries. The children are members of prominent families and were on their way to school at Montmorenci. The horse was killed and the buggy torn to pieces. Kenneth Edwards, age 12, was driving. His father, Bert Edwards, is a member of the jury in the Brock murder trial in this city and the father was so unnerved by the accident that the case was delayed for two hours.

FOODSTUFFS NOW PLENTIFUL

Rations for Ten Days Issued to Members of the Third No prediction can be made at the present time, according to Colonel Aubrey L. Kuhlman, in command of the Third Indiana infantry at Fort Benjamin Harrison, as to whether the men of the Third infantry will be mustered out of federal service before Christmas. Company commanders and a force of clerks are at work checking equipment lists and individual records, and one company is reecivlng its physical examination each day. Rations for ten days were issued Wednesday by the quartermaster’s

Vol. XIX, No. 75

FUTURE PUBLIC SALE DATES

The Democrat has printed bills for the following public sales: Tuesday, December 19, Joseph Scheurlch, 4 miles north and miles east of Rensselaer. General sale, including 10 head of horses and mules, 25 head of cattle, farm tools, etc. ~ Wednesday, December 20, Holser Bros., on the former John Bill farm in Jordan township. General sale, including 11 head of horses, 15 head of cattle, farm implements, etc.

Thursday, December 21, Joseph E. Thomas, li£ miles west of Surrey. General sale, Including 11 head of horses, 10 head of cattle, 7 hogs, farm tools, etc. Thursday, December 21, Garry Snedeker, on the F. M. Parker farm, 3% miles northeast of Rensselaer. General sale, including horses, cattle, farm implements, etc. Thursday, December 28, Dana RtShling, % mile east of Gifford. General sale, 7 head of horses, 4 head of cattle, farm tools, etc.

department. During the first few days the regiment spent at the fort rations were short because of a mistake in transportation, but plenty of food now is available, it was announced. Franklin L. Bridges, adjutantgeneral, and Harry B. Smith were the guests of Colonel Kuhlman at dinner at the fort Tuesday night, meeting the field officers of the regiment and discussing problems of the Indiana national guard. A theater party for a number of the officers of the regiment was given Wednesday night, and other arrangements are being arranged.— Indianapolis Nows.

GROCER PAYS HIS CUSTOMERS

If They Carry Own Goods Rome He Taken r> Per Cent Off Bill. A grocer in Fon du Lac, Wisconsin, has introduced an interesting system'. He calls It the “cash and carry system.’’ If his customers pay cash for their goods he throws off 5 per cent. If they carry their purchases home he throws off another 5 per cent. If the family’s grocery bill is 125 a month, that means a saving of $2.50 —which would make a tidy addition to the savings bank balance.

The plan, it Is reported, takes well with this grocer’s customers. Moreover, he Is tickled with It himself. It saved him the expense of putting on more delivery wagons, which he would have had to do if he hadn’t adopted this system. It has increased his trade. It has given hlim the benefit of cash in the till Instead of credit on the books. It seems to be beneficial all around. It isn’t exactly new, of course. There are shops that do something like the same thing; that is,, by selling for cash only and doing no delivering, they can and do sell goods cheaper, and many take advantage of the opportunity to be thrifty. The cost of living is vastly higher than it uised to be before the days of credit and telephone ordering. when mother used to put a basket on her arm and go shopping. And one of the reasons why the cost of living is higher is that credit and delivery both cost money which, of course, the consumers have to. pay.—Duluth Herald.

IMPORTANT NOTICE. By laws of injustice we can not ask more for our goods like the grocer, shoe man, garage, doctor, lawyer, clothier, newspaper, farmer, and other lines of business. Our average advance in material and labor to date in 68 per cent, which compells us to operate at a loss until prices return to normal conditions, which seems distant, therefore we are compelled to make our collections in full each month and to discontinue all service In arrears, as one loss is sufficient. Please settle your account before December 25, and greatly oblige.— JASPER COUNTY TELEPHONE COMPANY. d 23 , BOX SOCIAL There will be a box social and free program and pictures at the Kniman school Tuesday, December 19.—R. A. CONN, GRACE H. BROWN, Teachers. HATS AS XMAS GIFTS'—GIVE father or son that much needed hat or cap, a nice warm sweater, gloves, underwear, wool hose and watch him smile Xmas morning.— HILLIARD & HAMILL.