Marshall County Independent, Volume 4, Number 7, Plymouth, Marshall County, 28 January 1898 — Page 4

Cbe3nbepenbeni

CLAY W. METSKER, PUBLISHER AND PROPRIETOR. SUBSCRIPTION PBI K. Oua Year, lx Mouths. Tbrw ModRm, cash, Par Copy, UM r ,4 .50 M stored at the post ofllce at Plymouth, Indiana' a matter of the second dlM. P'RIDAT Jailaky K, 1888. ci til. ov uufiuunr, 4euie Observation on tioverument In Onorml. There are two commonly accepted theories of government, 1st, that power, or authority to govern, resides in some person designated as king, czar etc: 2nd that power resides in the people, and that it may be exercised by then for tha common good. The government of the I nited s-ates and of each state is based upon the aacond theory. Argument for and against each of the above theories can be produced. The first is better adapted to a prompt and vigorous administration, and to the continuous and systematic development of a national policy. Tha second is slow to act, and very liable to eccentric motion. Different polities of administration are liable to succeed each other at short intervals, thus rendering the affairs of government and business uncertain. On the other hand, the first is more exposed to usurpation than the second, while the low motion of the latter is supposed, and we think rightly, to otl'er a corrective for erratic action. Popular government rests, however, upon a supposition, i. e. upon the supposition that a majority of the people know what should be done, and that they will have the honesty and courage to do it. How important, then, it is that people oe educated in questions of government and morality! Educated to not only know what should be done, but to act from choice and not from impulse or from any exterior influence, social or polictical. In proportion as the structure of government gives force to public opinion, it ka necessary that public opinion be educat ed. In this Washington summed up the great question of self government. It is not enough that men know what should be done and have honesty ; the must also have the greatest freedom in expressing their wills in law. The bal lot should be free and secret, and the social relations should besuch that no restraint be placed on free choice, l'ol itieal parti a are supposed to assist majorities in making their wills erTec Cive. Under normal conditions no doubt exists but they may accomplish this end, but political partus, like othei useful agents are abused. While thert are fixed political parties; while met ote a given party ticket from the mo tlve of political regularity, while men vote by platoons and regiments on one question as on another, party supremacy, is not a test as to the best thought and will of the majority. Because I differ from you on the tariff question is not a reason why 1 should differ ci argue with you on the money quest.on; yet fixed political parties are founded i pon that assump tion. Fixed party lines are an abuse oi out system of government. They art tmnatun!, and have an existence onl because of the "spoils system." Tbej never did exist until after its introduction, and could not now exist without It. This accounts for the annual attemp to overthrow the Civil Service law. 1 is aimed at this system, and the pro fesslonal politician must either prevent its development and general ooseryance or lose his job. The true party system is that wherein men live up on some political question, cast their votes, and then break rank. When the same or a differen queation arises line up again, vote and break rank. The second division need not be like the first and if the question be different, the division should almosi or necessity be different. I nder thi condition the party becomes an instrument in the hands ol men and not men in tha hands of the party. The first condition is normal, the second ab norraal.c'ONTKiiJi; i m, An exceedingly cold and dole f ul re caption was tentered President Dole the Hawaiian 1 'resident at San Fran Cisco on his arrival yesterday. It is tery evident that the sympathies of th American people are not with this diplontat or his mission. D. D. Moody, ex-clerk of Waterloo one of the first of the DeKalb county officials to be sent to prison, will be re leaned within two weeks, when he wll return to DeKalo county. He wil

practice law at Oarrett.

II IS

II

DEFENSE THINKS PRCSECU TION IS WEAA. Mr WttaaaeM for Um -r:tt- mibe tnd A Miiiiii ll NHi riu.tli SStveed um Air lag Caee Will aol Fiabh This Weei Opinion as to outcome of the Talbot case diffen considerably at this time. Ot course the testimony so tar lias been one sided hut it is a ques Uoa as to whether the stale has established its case as charged in Iba indictment. The prosecution is hopfuli but it is evident that the delendant and his attorneys are ia excellent spin's. They are more than ever satisfied that ti e evidence ot the star witnesses for IIm utate will be discredited by the jury. 1'hey will show that KeesiiKiii and Horn nave been coached and tin' Horn is -specially interested in the prosecution. They will endeavor to show that Horns" testimony cannot he relied upon judg in? by the croat-xamination today. The etat baa pndiut-d boom of its star witnesses since the last report Chief C'assidy tfave testimony as to his connection iu the recovery of silks daiining thai his interest kn the case was only thai ot duty as an officer. Mr?. McAlpm of South Bend, owner of the dye house, and her sister Mrs. Me Cieary ol Texas who is visiting her testiiietl that Mr. Talbot brought silks to the dye house and wanted Iben, colored any color just to change them. Goo. Ueesman of La Platte, Mo., a young boy who ran away from home and went about the count i with a ?ang ot toughs testilid that he was at Walkerton at the time erooKS, who are supposed to have robbed the cars, met and divided the money. This was done at a pile of ties along the railroad nefr Walkerton. He examine! the picture of Scott alias Newman as a perfect likeness. He said thai V was öft Hin tall and that he weighed about 15o pounds. I pon cross examination the defense tested his judgement as to height by aching himhowtal bethought Attorney Lauer to be. The boy said about lit. This created considerable merriment at Mr. Laue;': expense. Mrs. Talbot, mother of defendant, testified that he was L'S years old and that his lather died when he was onh 10 years of age. Albert .J. Horn was en the witness stand most all the forenoon and lor a time in the afternoon. He claimed to be a South iiend lasver bill upon cr ssexamination acknowledged lhat he never tried a single case. J his may, however, be no unusual concession for South liend attorneys when under oath. lie knew Talbot since "93 and had had an oflice with him. He recognized photo of Scott, alias Newman. Ilf stated that Talbot had tld him that Scott s business was robbing railroads and that he was a slick one. Talbot had told him that there was a combination for robbing cars, including many )f the employees of the road; that goods would be shipped about the country and re-ahipped until all trace f them would oacaiaarily be i-s;. He said that Talnot asked him to testi! before the grand jury that he knew nothing about the allair. The defense upon cross-examination brought out the tact thai witness was unfriendly to de eudant, and that he was interested in the prosecution. Defense sought to mow that witness's testimony was in spired by malice, and that this malice was inspired by other suits conducted by Talbot against witness. Defence ntended to bring into the testimony he exact charge of indictment institu ted by defendant against witness which by the way was a charge of seduction orought by a South Bend woman. The udge overruled thif testimoney and the ourt escaped what might have been an xciting scandal airing. Defense asked if witness had not been arrested lor Icking his wile at one time. ltuess lenied being arrested but said that he and his wife had had trouble and were separated tor a time. Alter the examination of a couple other witneses whose testimony was of minor importance the state rested its ase. 'The jury then retired and Att'y Parker moved to quash the indictment and discharge the delendant on the ground that state had not proven as charged in the indictment that goods were stolen in St. Joseph county. He dated that it devolved upon the state do his but there was no evidence to this effect. The evidence is tha' the goods ere in the car at Garret Indiana but not when tram reached Chicago No one saw ihe goods stolen. No one saw the thief. The utmost shown was that there was an opportunity for goods to have been stolen at Walkerton. Mr. Darker claimed that there was no greater opportunity to steal I here thau at iiremen and live other towns along the li ic. He thought the opportunity even greater at Urem m than at Walkerton. It is true said he that the men met at Walkerton and divided money according to testimony given, but this was S days afterward and there can be no presump tion that this was the money derived from sale of stolen goods. Jle claimed

' ll goods matt have been received from Hie tuiff which ice slat-j oj not established. Mr. 1 aüt r ( tor the prosecution took exception to Mr. Darker and reviewed the! evidence to show his claims to be

true. Mr. Darker followed with cita tions from the statutes. He argued that the state should not nave particularized the pace of the thett, it their charges in the indictment were to stand. Mr. I'arKer was snll arguing his ! points at hour ol going to press, j FRIDAY. It seeme l last evening that the Tal i bot case would come to a sudden endI mg. Attorneys Darker and Meyers cited Citation alter citation bearing out i their position and the judge sustained j them in so far as to their claim that I the state had not shown the goods to ! have been stolen in St. Joseph county. ÜB tnis part the judje was clear and frankly stated that Should the jury return a verdict against the delendant he would set neide the verdict and order a new trial, Hut he doubted whether it was his province to instruct the jury to render a verdict for the defendant in view of the questions of law involved. The juage adjourned the court until T ::o in Die evening at which time he announced that oe had decided to over rule the motion of the defense. He gave the defense sixty days to lile a bill of exceptions. The judge stated rhat he was convinced at the time the state rested its case that it was far short of satisfactory proof. He thought that tne evidence left an impression 'hat goods were more likely plundered between Chicago junction and Chicago, lie added lhat nothing went to show Chat the crooks in question stole the goods except the admissions of Talhot to Horn as testihed by Horn. The state did not have a preponderance of evidence. It was more than likely, thought the judge, thar. thse goods, were th? result of some other stealing if the statements of Horn are to be relied upon. The Judge did not feel authorized to take the ?ase from the hands of the jury and in consequet ce overruled the motion of the defense to quash the indictment. This morning the detente outlined it? purposes and the following witnesses were examined: Prooecotor Slick was put on the stand by the defense and stated that he drew indictments against Kyan and Black charging them with stealing same silks that Newman is charged with having stolen by the prosecution in the trial. .las Kbberheart sheriff ol St. Joseph county said that Talbot came to him voluntarily and told him that some of the silks were at the dye house. Talhot said that goods were taken by Mrs. McCuIlough on a chattel mortgage and showed the mortgage. This witness was usd by the defense to impeach vital testimony given by Cassidy. Kdger Stohl of the South Bend Times said that Horn had told him after Talbot's arrest that he considered Talbot innocent and was sorry to learn of the unfortunate affair. This, testimony was taken t impeach Horn who proved to be one of the state's main witnesses, it will be shown that Horn has interested himself lately in the prosecution because Talbot as attorney for an unfortunate woman has instituted a case against Horn for seduction. The Hedram brothers both testitied that Horn and Talbot never drove to their Half Way House at any time. This is evidence calculated to irapach Horn. The defense then rested its case and court adjourned until 1 o'clock. This af ternoon has been occupied by the attorneys for both the state and de Tens in summorizing the law and the evidence. Attorney Lauer spoke first presenting the states case in a masterly way. He was followed by the attorneys for the defense and Mr. Baker closing for the state. SATL'KDAV. John Talbot "Not Huilty.' That wus ihe unanimous Veruict of twelve conscientious men of Marshall county who had faithfully examined the eviuencc produced by the state. It was evident that the state failed to prove a single charge m the indictment. 1 he attorneys lor the stale, however, are to be congratulated lor their efforts. ihey certainly made as good a light as vaa possible with theevidence at hand. Ihe speech of Mr. Lauer lor the prouecut:oii was followed by one of the anlest aduretses ever presented by an attorney in Marshall county. This was the opening speech for the delei.se by lion. amuel Darker. He reviewed in scathing terms the animus back of the prosecution and presented the law in such clear statements that, every possibility of doubt regarding the inno cence or the delendant was removed. Alt y Myers, ot South Derid, also spoke for Ihe defense, followed . y prosecutor Slick. Mr. Brick then closed for the defense. His appeal to the jury was argumenta tive as well as remarkable for us pathos. He described the horrors of a life in the iiiientiary, and aptly incorporated in s remarks a beautitul quotation from hitcomb lldey. This brought tears to the eyes of the jurymen as well as to most of those in the audience. Att'y Baker reviewed for the prosecution in a speech an hour and a quarter in length. He tried to show the connecting links as charged in the indictment to have been established, lie is a scholarly lawyer but even ability can not make a case where there is none. The Judge then instructed the court?. The instructions required more than an hour. Summed up, they were to the effect that the jury should consider the appearance and conduct of of the witnesses as well as their testimony, their relationship to the defendant, and their intelligence. The defeudant may or may not take the stand. Because he does not do so, you have no right to con sider that in rendering your verdict. You must carefully weigh and consider all the evidence; you have no right to guess at anything. There is no pre sumption against the defendant in this kind of a case. Consider only the creditable evidence. If you find that a prosecution was followed by one of the witness has testilied falsely in any particular, you have the right to throw out all that he testifies. The law im oses upon ttie 'ate the burden of the proof to every charge in the indictment. The judge then devoted considerable time explaining what is meant by reasouable doubt. The jury retired and after little more than ten minutes returned a verdict of 'not guilty," every juryman being of the same cpiniou on the first and only ballot.

Our Mid Winter Mark Down Sale. We have inaugurated the most sensational mark down sale of Men's and Boys Clothing, Furnishings and Hats

ever held in the history of Marshall county. -f It's a bold strike for tremendous business. A. Record Breaker. Never T again will yon buy so much for so little. Former low prices will he cut in -f i i m li . iir i. : u J a. : a . : i. a "A

Halt regardless oi eosr. ye are sausneu to sacrifice every item in out store in order to make a Clean Sweep- Spring goods coming in. We must have the room. 5 Winter goods we shall not carry over. If its clothing yon want. Call in and see the great values we are selling. Nothing reserved. Kverythingat cost price. Come early and get the cream of selection. M. LAUER & SON, The One Price Dealeis.

LOOK HERE!

66. THE

is prepared to fill Combination Orders ard rqeet figures quoted by otber grocers HMNNM I also handle the Diamond Light Coal Oil, the best oil in the city, at 15 ceqts per gallon,. Give me a trial an,d be convinced J. C. TILSON.

Before Stock Taking, Which occurs February 1st, we will

make tremendous

and unildrens uiotnmg, j-,aaies wraps and all other winter apparel.

We are desirous of

in order to make room for our immence

new line of Spring Goods, With this in view we will not be out done in naming prices. You will do well to take advantage of these opportunities.

Ball

&

DAISY

'99 f reductions in Men's cleaning up stocks Carabin

For Exchange.

80 acre for larger farm. 40 u for an eighty acre. 82 kk improved for city property. 50 ' improved for city property. I rood farms stock of merchandise. If you have anything for sale or trade see me. Ceo. E. Paul. men, D 0 ) STABLE We wan; to care for your horses when in the city. Kates Reasonhle. "Honorable Dealing" our motto Barn at the old Parker house stand on Washington street. Cive us a call. I H Ifancrnk MIIWVVIli Of glittering gold in the mouths of th j people is rapidly giving way to the. more I modern and certainly mora harmonioui I ami durable ; pg g grjrjgg fl DR. DLJRR'S Newly patented System of applying this work is a revelation to all who desire their teeth preserved and restored their natural whiteness. Call at the Model Dental Parlors. PLYMOUTH. J. A SHUNK, Attornev and Counsellor at Law. Business promptly atteoded to io State and Federal Courts. Uftlce 2nd door brick building, south side of Garto street, Plymouth, Ind. Pesch & Zimmerman Located under Young's Barber hup on Laporte Street. Th. Best FRESH Met. Lowest Living Prices On all meats. Leave your orders. Delivery made promptly. Cordial treatment atturei

PbSCH & ZIMMERMAN