Marshall County Independent, Volume 4, Number 8, Plymouth, Marshall County, 4 February 1898 — Page 4

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CLAY W. METSKER, PUBLISHER AND PROPRIETOR. SUBSCRIPTION PRICK. Oue Year, Six Mouths, Three Mouths, cash, Per Copy, ILM .75 .50 .03 otered at the post office at Plymouth, IuiUana' as matter of the secoud class. Friday February 4, IHM. t'lTIL OOTKN MEM. Department mf 0erninet. The necessary acts of government fall naturally under three heads. Laws must be made, enforced, and their application interpreted. Hence three departments of government, Legislative, Executive, and Judicial. Under the Mrst theory of government (that power resides in some individual) these three functions are united into one department. In some cases, governments after the first theory have legislature; but their acts are put in the foim of prayers to the sovereign, which he may or inav not regard, a: his will. Attunes the requests of legislatures c irry such an influence that the sovereign dare not refuse them. In such cases the men is of the first class only in theorj while in practice it belongs to tbc second class (where the power is supposed to reside in the people.) It is apparent, then, that an execu tive, under the first theory, must have an absolute veto on all legis ation; while under the second he can have only a qualified veto. It is also apparent that courts, under the first theory, can not relieve a people of burdensome laws by declaring them unconstitutional. Tbw9 can be no recourse to other than the will of the person in whom power to govern resides. Governments founded upon the sec ond theory should, and usually do, delegate each of the three governmental acts to a separate department. The overeign nation creates an instrument of government, defining and limiting the power of each of the departments. Within the limits set up, each of the departments may exercise the sovereign pewer of the nation. Congress ie charged with the duty of making laws, and so long as it acts within the limit of its authority its acts are sovereign, i. e. there is no power in this or any other nation to question their authority. There must, however, be some competent judge to determine whether in any given case Congress has acted within the limits set up by the sovereign people. To not provide a tribunal to establish this fact would be to leave the whole question of government in chaos. Each individual, corporation or state woold then be judge tor itself and confusion would follow. For many years of our national life this question was unsettled. Who is the judge as to whether Congress has exceeded its authority in any given case? Some said each state should judge for itself, others that the United States Supreme Court was the judge, .happily, this question is now settled, and the latter is the ex elusive judge. The President is charged with the execution of law. If congress makes ao 1" fi he can execute none. If con gresf i ' es a law which is destructive of civil . b rty, the citizen has recourse to the c ts which may so find. If it be so found, then the act is inoperative and void, not by the act of the court, but from the fact that congress had exceeded its power in its enactment. Each department is wholly independent tf and free from the other. Neither can encroach upon, nor command the other. Each department may takecoun sei of the other, yet is wholly free to act within its sphere. The executive can not usurp authority and encroach upon the liberties of the people, because he is limited to the execution of law. Con grass can not pass laws which deprive people of their rights, because in that case it would exceed its powers and its acts be void. The Judiciary can not oppress the people, because it can act only when causes are presented, and, it it, by any assumption of common lawpowers, becomes oppressive, Congress can by law define the rules. CONTKinrTKD. Congressman Lewis, of Washington, the noted fashion plate, he of unusual intellectual propertions, is not only making himself conspicuous in the arena of debate, but is putting many thorns in the sides of his old adver saries, the Republicans. He can raise more technical points and sustain them with mjre plausible arguments thaa any ten men in Congress, He is growing to be an unpleasant vision in the eyes of Thomas lirackett Heed. For the speaker's peace of mind Lewisis worse than Jerry Simpson. He can't be brushed aside by the use of the phrase that lien )utler once applied to Sunset Cox: "Shoo fly! Don't bother me:" Some of Lewis's propositions stick like tar.

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u TESTIMONY OF STATE'S WITNESSES DAMAGING TO DEFENDANT Tti PrUwner Litten to the Tetiiiun I'ovonrerueiHy M Any Spectator Mar tiininle V Stevriu CeatSSl Kvery lueh but the KvMem e of Ovlll i OrvwlBfl .gainl Hit I-l-ti Jtu . Yesterday was a bard day lor the defense in the great Satberlio trial. Witness after witness gave testimony bearing on the whereabouts of Sut herlin on the day of murder, connecting him so closely with the deed that it seems well nigh impossible that the defense will be able to impeach or shatter. The most that can be hoped for at this time, it appears, is that there can be suilicient doubt created in the minds of the jury as to whether it was a willful murder or a crime the result of a drunken brawl If the defense can produce evideure that will indie ite that murder was nor premeditated and that Fetters was of such a quarrelsome disposition when drunk as to provoke a light, then there is a likelihood of a verdict of 'manslaughter.'" There were several interest nip Vitnesses yesterday but Tax Mitchell was the trump. lie can read short words but falls down if there are more than one syllable. He is an expert tobacco chewer and under the fiery questions of the attorneys for the defendant, got double action on his uiaxiilaries He is a married man but of that type of innocence that he can see no real wrong in helping Grace l'rimley shove a cross cut saw as !ong as she is receiving a promise of twenty live cents a day tor her share in the transaction. Ceo. W. Harkins was one of the witnesses last evening. He testhied that he hauled the body to Knox and that he had used his team to pull the carcas of the man from the grave. The stench was such that it was difficult to remain near the body any length of tune. Ceorge Lllsbury also testified that he was at the grave at the time body was removed. lr. Waddell was recalled but nothing of importance developed In the reexamination. George Vauknk testified that he lives southeast of the Election school house and was in Knox Nov. 17 1886. 11 S passed the Election school house on his way to Knox and saw a cap and some blood along side the road near the school house. He afterwards saw Sutherlin in Knox. Charles Waddell. coroner of Knox, stated that he held the inquest over the body, supposed to be IM Fetters at Knox. He saw the same body at the grave. A post mortem was held by Dr. (ilazebrook. No effects were found in clothing except some tobacco. No money was found in tne pockets. The pockets were carefully searched. A. J. Farroll, a resident of Washing ton township, starke county, lives two miles southeast of flection school house. He is a minister and tanner and wears a genuine ministerial oeard and expression. He went to the grave in Nov. TÄ. He saw the body of the mule in the grave and the body of a man under the mule thrown m grave face downwajd. Witness saw body taken from the grave. He searched the pockets and found nothing but a short lead pencil. He examined the tracks of a wagon and team which had been at the grave. Tracks of team in dicated that one horse had large feet and one small feet. Track 3 of mule ceased at grave. Crave was about seven feei long and HZ feet deep, liody of man was at bottom and ci vered with dirt, leaving grave tilled all but three feet. Mule was then thrown in on top of dirt covering the man. Witness identified the clothing produced in court as the clothing that wa3 on the dead man. Witness said body had no hat or cap on. Charles Haines was the first witness on the stand this morning. He is a resident of Starke county, engaged in trapping and huntiug. Witness discovered the grave near Ivagle lake. Appearances indicated that something had been drug to and thrown into the grave. He did not notice any blood. Cross-examination. Gimte was rounded up like an ordinary grave. Thought it was two weeks alter the supposed shooting at Flection school house, that, he discovered the grave. Crave was within six rods of the woods. He thought at the time that there was some animal buried there and that at least two men had been there to bury it. He was present on day grave was opened. He saw carcas taken oui of grave. W. II. Harter, sheriff of Starke county, testified in absence of jury that he wrs present when body was brought to Knox. Sutherlin was brought to view the body. Witness asked if he had seen the dead mm when alive and sutherlin said that didn't think he had seen him before. Didn't bear of any threats made to Sutherlin. The court then excused the witness temporarily.

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This testimony was not heard by the jury. Albert Drake, of Washington township, Starke county, testified that he made te map produced in court and showed locations of residents on the map. On cross-examination, witness stated that the distance from Kuox to the residence of ''Aunt Eliza" is aboat six miles. Mr. Stevenson testitied that he saw Fetters and Sutherlin at Knox Nov, 16 "88. He saw them leave Knox together in the evening. John W. Ashley testitied that he resides southeast of Flection school house, lie was in Knox Nov. 17 "88 He passed Sutherlin on his way to Knox, about twenty rods north of Election school house. Sutherlin's team was sweating. He noticed blood east of school house on his return from Knox. He was at the grave and helped to open it. He told of the carcas of the mule being ia the grave. He had seen the mule when alive at Dan Hoars. He was at the grave shortly after the body of the man was taken out of the grave, but made no examination of the body. Henry Hawkins, a resident of South Uend, testitied that he lived in Plymouth in 1896. He knew Sutherlin and Fetters. He last saw Ed Fetters in Nov. l vX. when he was in his barber shop. Fetters had a wad of bills. Witness changed a bill for Fetters. Crossexamination: Sutherlin and Fetters were in Ir.s shop as many as a dozen tunes during the time be was in business in Plymouth. This was the only time he ever saw Fttters have any amount of money. Mr Hawkins was put on the stand again in the afternoon and testified that he was in business in Plymouth during the former trial. The cross-examination worried the witness considerably. John Fggleson residing about a half mile east of the Flection school house, testified that on Nov. 16 '96 he was at home in the evening. He heard three shots and he thought a noise frem some tne shortly afterwards. He beard noise of big wagon going past his house. Three weeks afterwards he saw blood in the road near election school house. Cross examination: He heard shots between 8 and 9 o'clock. Vandalin and

wife sisited him that night but left about 8 o'clock. First revolver shots he ever heard at night in that neighborhood. Could not tell whether there was Dsors than one voice or not Sounded a little like the noise was that of some one quarreling, like some one in a drunken light. He heard wagon noise about five minutes after he had gone to bed. Saturday The attorneys for the defense have labored hard to entrap the witnesses in the Sutherlin trial but their stoiies have been straight and no amount of cross questioning could cause them to change their statements. Dan Koar was theonly important witness whose testimony could be doubted. Dan has told two stories of this crime it seems, first claiming that he never sold Sutherlin a mule but after being promised protection by Judge Heeraan, now says that he did sell the mule to Sutherlin. It is likely that the last story is the true one. Dr. Wright, a physician ofKnox, testitied that he knew John Hill. He was called in to see him after death, He thought Hill died trotn a congestive chill. He examined the body and there were no wounds. Daniel Hoar was the star witness of the afternoon. He is a resident of Starke county in Washington township. In fall of 'in', he lived southeast of election Echool nouse. Witness is acquain ted with Sutherlin and has known him 16 or 17 years. Sutherlin came to his house on the night of Nov. 16 'JW. He was in bed. Sutherlin called him op. Sutherlin came in his house. He asked witness how many plugs he had. Witness lit a lamp and went to stable and showed Sutherlin all his mules and horses. Sutherlin asked him which mule he would rather part with. Sutherlin stayed all night with witness. Cross examination: Witness testified before the coroner that Sutherlin did not get a mule of him, and that he knew nothing about the matter. Witness stuck to the statement made before coroner until he had talked wit h Judge Beeman: that Judge Beeman told him that he would stand between him and prosecution if he would tell all he knew about the case- Deputy prosecutor Clazebrcok saw him and wanted him to change the story given at coroner's inquest. Witness and Tar Mitchell were arrested and put in jail as implicated in the murder. He would not have changed his story, if Judge Beeman had not promised him protection. Witness thought that his wife was in the ro'm with him and Judge Beeman. Perhaps she knew that the Judge would protect him. On the night Sutherlin came to buy the mule, witness saw no blood on his hands or clothes. Sutherlin did not tell him anyhing about having Fetters' body in bis wagon. A mule pelt is worth about $3. Next day Sutherlin said nothing about the mule or where he spent the night. He said that the story told beiure the coroner was untrue snd thst this last story is the true one. Witness knows that by sticking to this last story, he has the promise of the Sterke

CON TINTED ON FIFTH PAOI

Our Mid Winter Mark

We have inaugurated the most sensational mark down sale of I A n n ' r r n A D fs i j n P I n t U i n rv lTiininUinrro o n rl Un?r

moil ö dim Duyo uiuiiimg, ruiiiidiiiiigo aim naiö j ever held in the history of Marshall county. f It's a bold strike for tremendous business. A. Record Breaker. Never J again will you buy so much for so little. Former low prices will be cut in half regardless of cost. We are satisfied to sacrifice every item in our store in order to make a Clean Sweep- Spring goods coming in. We must have the room. Winter goods we shall not carry over. If its clothing you want. Call in and see the great values we are selling. Nothing reserved. Everything at C cost price. Come early and get the cream of selection. v

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is prepared to fill Combination Orders ard rrjeet figures quoted by oth,er grocers I also handle the Diamond Light Coal Oil, the best oil in the city, at 15 cerjts per gallon,. Give me a trial ard be convinced. J. C. TILSON.

Ball & Carabin Before Stock Taking,

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make tremendous reductions in Men's and Childrens Clothing, Ladies wraps and all other winter apparel. We are desirous of cleaning up stocks 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.

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i For Exchange. 80 acre for larger farm. 40 " for an eighty acre. 82 M improved for city property. 50 " imnroved for citv property. ?Good farms stock of merchandise. Jf you have anything for I sale or trade see me. Geo. E. Paul. 00 0 bb STAHLE W e want to care for your horses when in the city. Kates Reasonble. Honorable Dealing our motto Barn at the old Parker house stand on Washington street. Give us a call. L. H. Vanscoik. The Day j Of glittering gold in the mouths of the people is rapidly giving way to the more modern and certainly .ure harmonious j an(i durable DR. DURR'S Newly patented System of applying this work is a revelation to all who desire their teeth preserved and restored o their natural whiteness. Call at the Model Dental Parlors. PLYMOUTH. J. A.SHUNK, Attornev and Counsellor at Law. Business promptly attended to in State and Federal Courts. (Mice L'nd tloor brick building, south side of (Jario street, Plymouth, Ind. Pesch & 7mmerman Located under Young's liarber Shop on Laporte Street. The Best FRESH Moats. Lowest Living Prices On all meats. Leave your orders. Delivery made promptly. Cordial treatment assured

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