Richmond Palladium (Daily), Volume 31, Number 292, 17 November 1906 — Page 1

RICHMOM) PA ABITCJMo H A VOL. XXXI. NO. 292. Richmond, Indiana. Saturday Morning, November 17, 1906. Single Copy, One Cent

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DOORS OF PRISON SWING OPEN FOR DAVID SHEHRICK

State's Highest Tribunal Reverses Decision of Lower Court, Granting New Trial in Famous Case. WILL BE BROUGHT BACK AND RELEASED ON BOND Case Will Be Re-Entered on . Criminal Court Docket ard It Is then Subject to Discretion of Prosecutor. 'Publishers' rressj Indianapolis, November 1G. By a decision of the Supreme Court handed down today, David E. Sherrick. former Auditor of State, will get a new trial, and ho -will bo returned from the penitentiary at -Michigan City to this city at. once for that purpose, Sherrick wins on the main points In his appeal, the Supreme Court deciding that the money which he was charged with embezzling and for i which he was convicted, was not funds of the State of Indiana, but that 1 the money belonged to the insurance companies that had paid it to him. The contention of the prosecution was that' the money that had been paid to Sherrick by the insurance companies belonged to the State as . , . , -i. . , soon as he bad received it from them under color of bis office, and that when he failed to turn it into the State treasury he was guilty of embezzlement from the State. On this theory of the case Sherrick was convicted but the Supreme Court reverses ice juugmem on me grunu uwi-, . x x 1 1 t . ! . while Sherrick had the money in his possession he hrlrt it merely as agent for the companies. " " '; ' ' ' t Sherrick's Return Ordered. j As soon as the decision was hand i , , . . ed down the clerk of the Supreme ; return Sherrick to the custody c; the '

Court issued an order to the warden ! for such an announcement and had innf the Michigan City penitentiary to tended to hiss the president and cheer sheriff of Marlon county. Sherrick ; Carry. , n-ill be returned to this citv tomorrow President Kelly said yesterday that In the nistoflv of a . m-Isnn .i ard. Carey had not been expelled from

IT will thn'ho t.,r.rl. nrAr tr. th '

sheriff and will be released on bondundr t,he teJm , r.i, would be allowed

Marion County Criminal Court. Then it will be up to fhe prosecistor to say what the future action will be. If he thinks that he will still ba able to obtain a conviction at a re-trial In view of the Supreme Court's decision, he will ask that the case be set down for trial again. .If he feels that he would not be able to get a conviction he may move to nolpros the case. In the latter event . Sherrick would gain his liberty. 5 The decision of the Supreme Court does not of itself mean that Sherrick is to be freed. It says that he shall be given a new trial in the Criminal Court. Effect of Decision. I5y declaring that the money received by the State Auditor from the in surance companies ns foreign insurance taxes were received by him mer ely as agent for the companies and noi. as a oiaie omctai. ine court sug gests the idea that the State can sue the companies for any such taxes paid to the Auditor which did not reach the State Treasurer. This may open up a vast amount of litigation between the State and the insurance (Continued on Page Two.) HAD A NARROW ESCAPE SLEPT WHILE FIRE BURNED Waldo Lacey Aroused from Deep Sleep by Firemen Who Were Carry, ing Furniture From Bed Room Was Extremely Fortunate.

. Waldo Lacey, the popular waiter at Zwlssler's restaurant. Is" congratulating himself from escaping luckily from being badly burned. At the Are yesterday morning which caused a loss of $o00 to the home of L. A. Thomas on South 9th street, Mr. Lacey was aroused fro ma sound sleep by firemen who were carrying furniture from his bed room. Mr. Lacey lives In the north half of the house which caught fire. The 3re started on the south side of the property, which is occupied by Mr. Thomas, and spread to the north side. Mr. Lacey works at night, and being asleep he did not hear the confusion attendant to the fire. I lis wife was away on a visit and there was no one to awaken him. The first notice he received of the blaze was the noise caused by firemen breaking in his door and preparing to save his household effects. He then got hjirriedly ujj and r "a his escape

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THE WEATHER PROPHET.

INDIANAfair, winds. -Rain Saturday; Sunday colder. High southeast OHIO Rain and warmer Saturday; Sunday colder with fair in south and snow or rain in north portion; high southeast winds. KING RULED 00T OF TODAY'S GAME Star Half Back Cannot Play Against Miami on Account of His Studies. STUDENTS ARE - INCENSED IT IS SAID THAT KING INJURED HIMSELF PLAYING FOR SCHOOL AND IS NOW "KICKED OUT" OF LAST GAME. Already greatly excited and incensed over the dismissal from school of Clifford Carey, star athlete, the students at Earlham last night are in an even worse state of mind on account of a faculty ruling which keeps King, splendid half back, from playing in today's game. The faculty has decided

that King cannot play because he has the Board of AVorks, Mayor Sclnllingnot been giviing proper attention to er and Watson P. O'Neal, member of his school work. l the Board of Works, Prof. Chase, King declared , last night that he J AlonzQ M Gardner Dr. Grosvenor,

was unauie 10 auena Classes regular' y within the past two weeks on account of injuries which he received in playing football. He admitted that his school work had not been what it j should have been, but said that it was 'due to his work on gridiron for his : school and he thought the faculty ; shouci ;)ear with him for the ast game j of the season. Students are in the j same frame of mind and today they i will show their f ealmg in the matter at the football game. King is a graduate of Manual Training high school Indianapolis, and with "" ii li Vw'i ci' 4- rf - 1 1 ii 1 r-r -"1 J n n tr w , " the football team. i uui uio in ok : r o r r li'itr horn I la (Hnnloivic t h i r ( h DOt return t() the institutiou next year. - . . . . President Kelly . diplomatically avoided any popular expression in college chapel yesterday by refusing to announce Carey's dismissal from school. The students were prepared School, Only dismissed He said that 'dismissed" Carey to enter Earlham next year, or any other school. Position in Chicago. John McCarthy, Jr., has taken a position in Chicago with Reed Murdock and Company, wholesale grocers. Mr. McCarthy has been in his father's retail grocery on North Eighth street. A Mark for Future

GRAND DUKE ALEXIS, FUTURE CZAR OF RUSSIA.

This 1 the Grand Duke Alexis Xieholalevitch. That is a large name for such a small youngster, but if this boy outlives his father and the Russian autocracy is not overturned by revolution he will be the czar of all the Russias

every last one or tlim. lhe grand uuke M-'.3 ... . ....... jo c nr m ine rars rami v at ins iiirrn lpr as future rulers of JRussia. - , -----

ENCOURAGEMENT IS GIIIEIi TO PROJECT

West Side Improvement Association in Rousing Meeting Talks "Park." CITY OFFICIALS THERE GIVE WEST SIDERS TO UNDERSTAND THAT THEY ARE WITH THEM IN THE MATTER WHAT IT WOULD COST. The West Side Improvement Association had what undoubtedly was the most interesting session in its brief career last night in the Baxter School building, the west side park project was launched in good shape, and with the sort of enthusiasm which augurs well for the successful termination of the undertaking. Prof. Heironimus, of the Association, presided, and he faced a gathering of probably one hundred persons. There were short addresses made by east siders as well as west siders, showing that the West side park project is one in which there is common interest. Among the speakers were Jesse S. Reeves, John L. Rupe, Henry Deuker, Clifton Merrill, president of Charles Francisco, Prof. Heironimus, J. H. Sullivan and Councilman McMahan. The opinion was practically unanimous that the strip of ground bordering the west bluff of the river from Richmond avenue to Kinsey street would make an ideal park and one which can be converted into a beauty spot without excessive expense. The assessed valuation of the ground which the city would have to j buy is $3,000. Probably it would rennlre t-cvir-n this sum tn mirchase. . . . lit - i ij . .1.1 i - - - P "act. m in. couuum lw l,t..v purposes tor there is mucn natural beauty there already in the shape of shrubbery. The city officers who were present expressed themselves as being of the opinion that the west side was justified in making an effort to obtain an open space for their citizens and though they did. not openly declare that the city would guarantee to see the "West Side Improvement Association through with its project, their remarks were guaged to mean that they ,were favorably impressed and likely could be depended upon to give it support. Councilman Deuker was particularly outspoken in his opinion that the west siders should have public park, and that the city should j not hesitate to give its fullest co-oper ation. The matter of presenting the project to council at some time in the near future, is left in the hands of the special committee which has been investigating the matter up to this time. Bomb Throwers. is two vears old. Thfre was great re- f " " B . If, - nito t-5: -r. cictnra Tra n i;tri,iA !

- - i"r. me wen Known in er man i aimgnt. rso damage was clone to the " , . i son of the deceased. i property. .

J0 ' - MpSOU VENIRE -M $as pmrrr (mm mm CT m&fm& Yfm7 mm ill y mim

What we may expect if this Souvenir Post Card insanity keeps on the increase.

BEVERIDGE SPEAKS HERE TOMORROW He Will Deliver an Address at Gennett in Behalf of Y. M. C. A. Movement. FAMILIAR WITH SUBJECT EXPECTED THAT A MONSTER CROWD WILL BE PRESENT TO HEAR YOUNG SENATOR ON TIMELY AND POPULAR TOPIC. Tomorrow afternoon at 3 o'clock in

a i the Gennett theatre, Senator Albert J. t

Beveridge will address what promises to be an audience that will be one of the largest that ever gathered th'e. Senator Beveridge comes to Richmond in response, to an invitation extended by the promoters of the Young Men's Christian Association. Probably there is no public man in the country who knows more of the real worth of the Y. M." C. A., as an organization fi the uplifting of all young men who seek its influences, than does Senator Ileveridge. x He is till a. young man himself, and he has taken occasion, it is said, during his extensive traveling to investigate carefully the work that this organization is doing. That he 'commends it highly, is known generally. Senator Beveridge's intimate knowledge of young men has been reflected in his writings and . there could not have been a happier choice made in the selection of a speaker on such an occasion as tomorrow will be. There will be no admission fee and the general public is invited. A STROKE OF FARALYSIS Tim Baker, Well Known Superintendent at Dille and McGuire's Se-, Viously Affected. Tim Baker, superintendent ut the Dille McGuire Lawn Mower Works, and one of th:; best known men in Kichnmnd, Buffered a stroke of paraly sis early yesterday morniing and his condition is regarded as quite srriou.n. Mr. Baker suffered a stroke of paral-yeiij-everal years ag., his right side being affected, but he recovered suffi ciently to assume his duties In the factory, and has been in good general health since. Yesterday's stroke was similar to the first, the same side being affected. DAVID R. TAYLOR DEAD One of the Oldest Residents cf County Passed Away at Hie Home on South 11th Street Last Night. David R. Taylor, aged S3 years, d'ed at his home. No. 40 South 11th street at nine c'clock last night His wife survives him. The deceased moved to Richmond over a year ago from his farm near Chester. Ha has enjoyed (goou health nntn lately. 1 C. Tay- . - - ,

TWO KILLED IN PISTOL BATTLE

Ex-Police Officer Refuses to Comply with Orders of Masked Robbers. HE USES A GUN INSTEAD EXCITING EXCHANGE OF BULLETS IN SAN FRANCISCO' SALOONS HAS COST TWO LIVES AND PERHAPS FOUR. Publishers" PressJ San Francisco, November 16. Two

men are dead, two others will die, and iTr T . . ,, ... .. , . ' . . . . . . H. Irvin against Mrs. Alice Elliott and another is seriously injured as the j result of a pistol battle last night ; daughters, for damages, returned a in the attempt hordup of a saloon by j verdict last 'evening for the defendtwo masked robbers. Shortly before :nnt? '

midnight two men with handerchiefs over their faces and revolvers in their hands entered the saloon of John O'Connell, at Sixth and Brannan streets. All the inmates complied with the order to hold up their hands given by the masked men except Ceorge O'Connell, a retired and pensioned police officer, who drew his revolver and VT o- ,7 r t o ";r , . .,, ... , . , frtiii finch lit II lTnnTioi c tioiwl rhii twr 0 '"Y robbers began firms at the Plucky u . A ,,x,UBi m dlu liiuuifiiu. - V . J Wlul the smoke of the battle cleartu awaj, lour men were lying on tne ) noor ot the saloon, three of them dying and the fourth seriously injur- j ed O Connell with two bullets in his chest; Stephen Lynch, twice' shot in the abdomeu; Louis Delatour, with his jaw torn away by a bullet, and Michael Kennedy, shot in the ear. From the Sixth-street door a trail of blood led across the street to the sidewalk opposite the saloon, where was found one of the robbers with the mask on. dead with two bullets, fired by O'Connell, in the chest. The dead man was indentified as Frank Uurke, an ex-convict. O'Connell died soon after being taken to the Central Emergency Hospital where it was said that Lynch and Delatour, both laborers, could not recover. THE ANNUAL RECEPTION Patrons of the Starr School Were Pleasantly Entertained Yestsrday Afterncon. .. The annual reception to the patrons of the Starr School was held jesterday afternoon. It proved to be a very pleasant affair. Many of the parents visited the school and. became closer in touch with the life cf their children there. A program cf music and short talks was provided and refresh-. ments were served. Prof. Harris and Mrs. Krueger sang solos in their pleasing manner. Some Rubbish Afire. A pile of rubbish afire in the rear of Henley's factory on North 16th street, called out the fire department last

11 H. GETS NO DAMAGES Jury Decides After Short Deliberation that Dog Bite Was Not Serious. HE HAD ASKED FOR $2,000 CASE WAS HARD FOUGHT AND YESTERDAY WAS LARGELY OCCUPIED WITH ARGUMENTS OF ATTORNEYS. , j After deliberating just twenty-five minutes. the jury in the suit of Wm. ' Irvin brought suit for $2,000 for a dog bite, which he alleged was inflicted by a vicious canine owned and harbored by Mrs. Elliott and daughters. The Bundy mad-stone . owned by a New Castle family, figured conspicuously in the case by reasm of Irvin having had the stone applied to ' the wound in his leg, Th theory of the plaintiffs attoreys that the fact of the mad-stona j hay, adhered to IrvIn.g leg snoweil , conclusively that he ha.l been poisoned by lhe og-s bite evidently did not set wel1 w5lh tfae jr-, for on this the whole case rested and the verdict for defense indicated the jury's atti tude on this point. The case was hard fought on both sides and there was considerable tes timony that was of interest. The arguments of the 'attorneys occupied most of yesterday afternoon and the case went to the jury about 4 o'clock. Under an agreement entered into pre vious to the opening of the case, no appeal will bo taken to the higher court. The case is ended. PIN MAN IN THE CITY Calls on Juniors at the High School to Help Them Select Their Claes Badges. Mr. Harry Herff of Peru, the representative of the Quailc & Sons jewel ery house of Albany, X. Y., was ink the city Thursday showing his sam-' pie pins to the pin" committee of the Junior class. The Juniors have a large class this year and as the midyears will bur nins with th rsr nf the class, the order will be quite lartre The Juniors will probably order pins of the representative who was in the city Thursday and they will be an air of scenery about the members of the class until the pins are flash ed upon lhe other classe3 of the school. . It is probably that the Alpha Phi Alpha sorority will also order pins of the representative of whom the Juniors buy their pins. The sorority has no direct connection with the school but as all its members aie high-school lassies, they will take advantage of the visit of the pin man and select their official badges.

WILLIAM

IRVIN

MEN OF FACTORIES IN FINE MEETING

AT Third in Series of Y. to. C. A. Banquets More Successful Than any Yet Held by Thosi Behind Movement. A FINE ADDRESS AND SPLENDID ENTHUSIASM Secretary Fraser Shows Laboring Men How Contemplated Institution Will Directly do Them Much Good. "From the point of interest manifested, the banquet tonight was th best we have held yet in the c'ty," stated Charles II. IJrown, tho local secretary of the Y. M. C, A. movement last night, and his statement was true for more than one hundred men, representing tho various shops and factories of the city, were assembled at tho banquet board in the dining hall of the Reid Memorial church, and the speeches to which they listened, wero of such nature that they aroused great enthusiasm among the men. Following the banquet, which vaa served at 7:30 o'clock, tho Rev. Mr. Smith, pastor of the First Baptist church, gave the Invocation. Toast master W. E. Russell, an employe of the Hoosier Drill, Introduced Sharon E. Jones, who spoke on the great good of the Y. M. C. A: among the shop A 1 men, wnerever ii naa Deen organized. Frank Unthank, Rev. E. G. Howard and William Lantz, who followed Mr. Jones, were earnestly listened to, and they made a strong appeal to the shop men of the city to "do things," in tho coming solicit of funds, for lho erection of the new $100,000 Y. M. C. A. building in this city. They pointed out why the laboring men of tho city should tak an interest in the movement. Mr. Fraser, Principal Speaker. The speaker of the evening was J. E. Fraser, secretary of the industrial department of the Dayton Y. M. C. A. He stated that all cities and towns li the country, r.nd especially in the towns of Richmond's size, a Y. M. C. A. was as necessary as the streec lights, the churches and all other means om municipal improvement. He stated that there was no way around the fact that Richmond just had to have a Y..M. C. A. He further said that the Y. M. C. A.-was not an institution that coul.1 be built by the revenues from tax as sessments or tax levies,: but like th church, was an institution where the general public had to pay for it, in order that their interest in the affeir might be sustained. He stated that the greatest benefit to men, by the training received, cam to those between the ages of 18 to 25. He said that in towns which did net support Institutions, where the young men of the city could spend their nights, the young men had the choice of either doing nothing or going to th devil. The Different Departments. He next took up the different departments of the Y. JL C. A., and said (Continued on Page Two.) RIOTING STILL RAGING Numerous Turbulent Gangs Are Rang ing the Outskirts of Singapore Fatal Shooting. IPubllahers FressJ Singapore, Nov.' 1C. Rioting is Btllt raging in Singapore. Numerous tnibulent gangs are ranging the outskirts of the city. A Hindoo merchant fired from his barricaded house today Into a Chinese mob, killing a coolie. The military are prepared to assist tho police if necessary. The governor has issued a proclamation conferring special powers on the local authorities in their warfare against the rioters. WANT A LOWER TARIFF Mass Meetings Will he Held in Vienna Sunday to Voice Opinions of Austrian People. f Publishers Tres5 Vienna, Nov. 16. A dozen maswmeetings have been called for Sunday to voice the peoples demand for the lowering of the tariff bars against foreign meats. The butchers have posted placards all over Austria, bold'y attributing the meat famine to the ministry of agricultural Indifference to the country's welfare, and pointing out that the admission of American cattle would immed'ately lower retail prices by at least fifty per cent. One of Frankforts leading, councilmen is endeavoring to establish a na tional organization to force minister, of agriculture Podbielskis theories to

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follow Mm into retirement. ,