Richmond Palladium (Daily), Volume 34, Number 29, 7 December 1908 — Page 10

PAGE TEN.

COURT IS PUZZLED BY UNUSUAL CASE

Three Important Things to Be .Considered in Frybarger instructions. TO ESTABLISH PRECEDENT MAN'S PECULIAR ACTIONS MAY HAVE RESULTED FROM LIQUORS, HIS DEAFNESS OR HIS INSANITY. Judge II. C. Fox of the Wayne circuit court stated today the MartlnChltwood case now on trial in his court presents complications and peculiarities that are different from any he has encountered in his experience as an attorney or jurist. The case was brought in this county upon change of venue proceedings from Fayette county. The plaintiffs seek to have set aside the will of the late George Frybarger. The claim is being advanced that at the time Frybarger made his will he was a man of unsound mind. It Is claimed, further, he was insane from birth and when he became twenty-one years old his mother was appointed his guardian. The witnesses for the plaintiff have testified Frybarger was Insane. Those for the ' defense say be was not insane. It is a matter that will be left entirely to the jury to determine. The defense has introduced a large number of witnesses and the sheriff has been provided with the names of additional ones to subpoenae. Prospects are that the case will occupy the large part of the present week. It was on trial five days last week. Judge Fox has found peculiar difficulties in preparing his charges. Problems are involved that never before have been presented in this court. For this reason his instructions will be of general interest as they will establish a precedent The court will have three phases of the problem to deal with: the fact Frybarger was addicted to the use of intoxicating liquors, the fact he was under guardianship and third that he was a deaf mute and his conversation was in the sign language or by written statements. It will be difficult for the jury to determine if some of the eccentric actions attributed to the man were due to his lack of mentality, the use of intoxicants " or the fact he was deaf and dumb. THBEE APPLICANTS Position as County Attorney Attractive to Attorneys. DELAY IN SELECTION. Three applications for appointment to the position of county, attorney hav been made to the commissioners. It is believed likely others will be made. The three local lawyers, who hare expressed their desire for the office are John F. Robbins, Ray K. Shiveley and P. J. Freeman. The selection may be deferred until after the new commissioner takes his office. John Dynes, retiring member of the Aboard, says ho does not think it right he should join in appointing a man to office, who will not serve under him as commissioner. He favors leav ing the appointment to be concurred y In by , his successor. However. Mr, Dynes says, if the law makes lt neces sary for the position to be filled be fore the first of the year, he will acL Mr. Robbins has been county attor ney for several years. Mr. Shiveley Is regarded as one of the younger members ot the bar, who has favor ble prospects. P. J. Freeman is pauper attorney for this county at present. He is also federal attorney for this district and has held a number of other public offices. BLACK CLOUDS MAY AT LAST BE LIFTED Irvin Hart and Miss Wherley May Be Remarried. Upon the advise of the prosecuting attorney it is probable that Irvln Hart and Miss Gertie Wherley, who In Kentucky are Mr. and Mrs. Irvln Hart, will be remarried. The young woman's father, who resides in Center town ship has refused to permit his daugh ter to live with her husband following their marriage in Kentucky. After an investigation the prosecutor advised the father and young couple that a remarriage In this state will be the most satisfactory adjustment. After returning to this city following their marriage, the father of the young wo man called where she was staying and took her to his home, while her hus band was absent. Delnfl as He Was Told. A physician found one of his patients sitting in the bath and swallowing a dose of medicine. "What are you doing there. Instead of being in bed?" inquired the astonished practitioner, and the Indignant patient quickly res ponded: "Well, you told me to take the medicine in water, and that's exactly what I'm dolne."

LAST SEASON IN

NATIONAL CAPITAL MRS. CHAS. WARREN FAIRBANKS. Washington, D. C, Dec. 5. As the social season just beginning wiil be the last for Mrs. Fairbanks, it is generally understood that the wife of the vice president will entertain elaborately. Mrs. Fairbanks since coming to ' the capital has been a charming hos tess and her removal will be misled. OISHONESTY IN GOVERNMENT IS COMMON FOE (Continued From Page One.) Sieber, of Akron, O., in delivering his eloquent address before the "Elks' Lodge of Sorrow," held yesterday afternoon at the Gennett theater. The address delivered by Mr. Sieber was one of the features of a particularly strong program. After a beautiful selection by the orchestra the op ening of the services the Rev. David j er Huntington, rector of St. Paul s Episcopal church, delivered a beau tiful prayer for the universal brotherhood of man, which was so impressive that it brought tears to the eyes of many of his auditors. In the hush which followed his ap peal to the Grand Exalted Ruler of the Universe the members of the lodge, seated on the stage, arose and sang their opening ode: "Great Ruler of the Universe, All-seeing and benign. Look down upon and bless our work, And be all glory Thine! O, hear our prayers for our honored dead. While bearing in our mind The memories graven on each heart For 'Auld Lang Syne.' " Two beautiful selections were sung by a quartet composed of Miss Marie Kaufman, Mrs. Will Earhart, O. C. Krone and Frank I. Braffett. Miss Kaufman sang a solo, "O Lord be Merciful." The eulogy delivered by J. Bennett Gordon was an exquisite tribute and worthy to be preserved forever in the archives of the order. The beliefs . . ,,, ," . ,. . . ! thl rti rt Th r; 7i7w me audience, us creea, ne saia, was rtl-fU . J, ar,A 4,. V This impression had been gained, he 1 said for the reason that the Elk be-' lieved a smile worth a neck Of frowns and that God loved him who was everj first in extending a helping hand to a j brother man, stricken with sickness or distress, and who did so smilingly and willingly. Mr. Sieber in his splendid address, named the four precepts of the great brotherhood charity, justice, brother-

ly love and fidelity but none of these tutions would decrease greatly. in tenets, he thought, were as beautiful hls list of figures, the speaker includas the great faith possessed by all ed the cost of operating the courts and Elks. In part he said: J charged 75 per cent of this as being "The Bible to be found on the alters ' necessary on account of the liquor trafof all Elks lodges is not the Bible of fic. He made the same .basis of per any creed or sect. Their Bible repre- cent in respect to the cost of mainsents that true religion their religion taining the police department. the universal brotherhood of man. I The table presented by the Rev. Mr.

My friends, they guard their Bible as they do the flag of their country. Believing as they do, why may they not axpect immortality for their dead? "In their lodge rooms no religious rect or political belief is known. In bonds of brotherhood Catholics and Frotestants sit side by side. The Ordr of Elks stands for human happiness and helpfulness. In this belief they stand together even in these times when the hand of one man is lifted against his brother forgetting human brotherhood in the lust for financial gain. Tens of thousands of members of Order of Elks are to be found, scattered all over the world, but they are closely bound together by ties that cannot be broken, and they all believe that happiness stimulates and encourages helpfulness. Individualism does not stand for what it formerly did and consequently, there is need of organization which extend the 'helping hand and encourage happiness and the joy of living." The Star Pupil. The teacher in one of the rooms in a school in the suburbs of Cleveland had been training her pupils in anticipation of a visit from the school commissioner. At last he came, and the classes were called oat to show their attainments. The arithmetic class was the first called, and in order to make a good impression the teacher pat the first question to Johnny Smith, the star pupil. . . 1 . "Johnny, If coal is selling at $6 a ton and yon pay the coal dealer $24, how many tons of coal will he bring yon?" Three," was the prompt reDlv from Johnny. The teacher, much embarrassed, said: "Why, Johnny, that Isn't right., "Oh. I know It ain't, bat they do it anyhow." PhUadelDjQia Record..

FIRST GUN FOR OPTIONISTS, FIRED BY THE REV. WADE (Continued From Page One.)

ed the lists against the saloons and breweries solely as Individuals. They do not ask their congregations to follow in their footsteps unless they cando so conscientiously. There Is a large number of voters, who refuse to state their opinion in the matter. It is with these that the! real campaign work will have to be done. There is a certain group of wets and a certain group of drys, that no matter what argument was present- . ed would refuse to alter their position. These are counted as the standpatters in the present campaign. The great bocy of the "unattached" will have to receive the efforts of the crusaders for . either faction. This group contains voters, who have not been users of in- j toxicants, but at the same time do not object to others using he beverages" if they care . to. It contains also the . men who do use intoxicants and at the same time Deiieve matters might improve if the sales were prohibited. There is abundant opportunity for the "missionaries" of both sides. Wade's Keynote Address. The drys sounded their line of argument in, the keynote address of the Rev. Mr. Wade. His lecture was not one of so much sentiment as a presentation of purported facts. He spoke from the sociological and economic standpoint, and in his conclusion cited the reasons why the saloons and breweries should be excluded from Wayne county. He placed before his hearers a table which by the aid of the stereopticot. ended to show how much the 6aloons and breweries pay into the county and the disparity created between that sum and the amount expended owing to the operation of these lines of business. The history of the temperance movement in this country was related briefly ajid pictures were shown of some of the most active lead ers in the cause. A map of the state of Indiana was shown. The counties were so shaded as to show which are dry now under the operation of the Moore Remonstrance and other present laws and the others that it is proposed to make dry at local option elections in the near future. It was shown that the movement tends toward sUe wide prohlbition. The effect of alcohol on the human body was shown from physiological charts. Pictures were shown of the normal eye and of the eye of the drunkard, to show how the nerves are weakened and the power of 'sight impaired. Slides were shown which depicted the poverty that follows the introductlon of strong drink into a household. The views were of drunkards' homes and the squalor that exists. Other slides were used to show the effect of alcoholic drink as a stimulus to crime. The audience was told how hundreds of criminals have attributed their fall in life to their first. drink. In presenting his table of statistics, the speaker endeavoj-ed to show" that there is no doubt but the saloons and 'n Warn6 county that is not inconsid- ..-,. . . ClclUlC X1C UUUCI lUUtl IU EjUUW 1U1 - ther- however. that the funds derived mese sources are more maji oil"et ' xao necessity ior me care 01 me Pr' JaIls' courts ana other InstitutIons to wnich tne saloons were said 10 De me main comriDUiors. it was .pointed out that if it were not for the saloons and breweries tne number of persons necessary " for the county to support at the various poor asylums, ' jails and all kinds, of. charitable lusti Wpde in support of his argument, follows: iu.cs actually paid by brewerles, 1907 $ 1,395.94 Taxes actually paid by saloons in 1907 400.00 Licenses fees paid by saloons city 12,801.00 County 0,510.00 Total income $21,106.iVl The following shows the cost of the , taxpayers of Wayne county for the t maintenance of certain institutions, towit: Cost of maintaining jail . . . . $10,766.50 Cost of maintaining infirmfirjT mm mm 90t0.01 Cost of maintaining orphans 2,395.78 Cost of maintaining poor (townships) . . . . 8,212.02 Cost of maintaining poor school children 500.00 Cost of probation officer .... 300.00 ' Cost of insanity inquests .... 752.45 j Cost of police department . . 16,643.98 I Cost of city court 1,415.75 j Cost of circuit court 9,599.83 County's share of benevolent and penal Institutions .... 17,224.70 Total .. .. ....$76,877.80 75 per cent, of above chargeable to saloons 57,658. S3 Total expense because of saloons .. .. $57,65S.S5 Total income from saloons and breweries... 21406.94 Financial loss $36,552.41 For every $1 of income from the breweries and saloons $2.73 is edIn these figures Cambridge. City is left out the estimate, but Mr. Wade believes that if conditions are true in other places bearing out the above. that they are practically the same in j Cambridge City,

SMITH IMPALED ON ROOSEVELT'S RED HOT TRIDENT (Continued From Page One.)

property that cost those citizens only S12,000,000. "The statement is false. The United States did not pay a cent of the $40.000,000 to any American citizen. The News says that there is no doubt that the government paid $40,000,000 for the property, and continues, 'but who got the money? We are not to know. The administration and Mr. Taft do not think it right that the people should know.' Calls Charge Ludicrous. "Really this is so ludicrous as to make one feel a little impatient at having to answer it. The fact has been officially published again and again that the government bald $40,000,000 and tnat lt paid thi8 $40,000,000 direct to the French government, getting the ,eceiDt of lne Hnuidatnr annotated bv the French government, to receive the same. "The United States government has not the slightest knowledge as to the particular individuals among whom the French government distributed the sum. This was the business of the French government. "The mere supposition that any American received from the French government a 'rake-off is too absurd to be discussed. It is an abominable falsehood, and it is a slander, not egainst the American government, but against the French government. "The News continues, saying that 'the president's brother-in-law is involved in the scandal, but he has nothing to say.' "The President's brother-in-law was involved in no scandal. Mr. Delavan Smith and the other people who repeated this falsehood lied about the president's brother-in-law. Conduct "Scandalous and Infamous." "But why the fact that Mr. Smith lied should be held to involve Mr. Robinson in a 'scandal' is difficult to understand. The scandal affects no one but Mr. Smith; and his conduct has been not merely scandalous, but infamous. Mr. Robinson had not the slightest connection of any kind, sort or description at any time or under any circumstances with the Panama matter. Neither did Mr. Charles P. Taft. Smith a "Conspicuous Offender." "Mr. Delavan Smith is a conspicuous offender against the laws of honesty and truthfulness; but he does not stand alone. He occupies, for example, the same evil eminence with such men as Mr. Laffan of the New York Sun, editorials of whose papers you or others have from time to time called to my attention, just as you nave called to my attention these editorials of th. Indianapolis News. I never see an editorial in any one of these or similar papers uilless for some reason it is sent to me by you or by some one else; and of the editorials thus sent me there is hardly one which does not contain some willful and deliberate perversion of the truth, Mendacity for Hire, "The fact is that these particular newspapers habitually and continually and as a matter of business practice every form of mendacity known to truth and the suggestion of the false to ... . i it I DC 11T Ull UtL. X UU.1C IIIIU Ul procure others to write these articles are eugagea in ine practice 01 uieuuauny ior nire; ana sureiy mere can oe uu lower form ct gaining a livelihood, "Whether they are paid by outsiders 10 say wnai is iaise, or wneiner meir profit comes from the circulation of the falsehoods, as a matter of small consequence. It is utterly impossible to answer all of these falsehoods. When any given falsehood is exposed they simply repeat it and circulate another. If they were mistaken in the facts, if they possessed in their makeup any shred of honesty, it would be worth while to set them right. But there is no question at all as to any 'mistake' or 'misunderstanding' on their part. They state what they either know to be untrue or could by the slightest inquiry, find out to be untrue. "I doubt if they themselves remember their own falsehoods for more than ,a very brief period; and I doubt still ; more whether anybody else does. "Under these circumstances it seems hardly worth while to single out for special mention one or two given false hoods or one particular paper, the mor al standing of which is as low, but no WAY If you need money, fill oat this agent will call on you. Your full name City Street and No Amount wanted Kind of security you have..........

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lower, than that of certain other papers. j "Of course now and then I am willing to denounce a given falsehood, as. ' for example, as regards this case of the Indianapolis News, or the case I have quoted of the New York Sun, simply because it appears that some worthy people are misled or puzzled by the direct shamelessness of the untruth. , Welcome to Publish Letter. "Therefore, as far as I am concerned. I would rather make no answer whatever In this case. But I have much confidence in your judgment, and if you feel that these men ought to be exposed, why you are welcome to publish this letter. "There is no higher and more honorable calling than that of the men connected with an upright, fearless and truthful newspaper; no calling in which a man can render greater service to his fellow countrymen. The best and ablest editors and writers in the daily press render a service to the community which can hardly be paralleled by the service rendered by the best and ablest men in public life or the men in business. "But the cenverse of this proposition is also true. The most corrupt financiers, the most corrupt politicians, are

no greater menace to this country than the newspaper men of the type I have above discussed. Whether they be-j long to the yellow press or the pur- j chased pres3, whatever may oe tne stimulating cause of their slanderous mendacity, and whatever the cloak it may wear, matters but little. In any event they represent one of the potent forces of evil in the community. Yours very truly, "THEODORE ROOSEVELT." "William Dudley Foulke, Richmond, Ind." iidUaiA JESSUP - TO ASSIST PROSECUTOR ELECT All Cases Now on Docket Will Be Pushed by Him. When Charles Ladd becomes prosecuting attorney for this judicial district, the first of next month, he will not be left solely alone with the duties of the office. Wilfred Jessup, the present prosecutor, has promised Ladd to assist him on all state cases now on the docket when ihey come to trial. This means that Jessup will be found on the side of the state in the prosecu tion of Dr. Arthur Jones of White water and a number of other men, now in jail awaiting trial. Jessup will be connected with the prosecutor's office in no way after, these cases are dis posed of. CITY IN BRIEF Great reduction on millinery at Miss Porter's. 5-3t Great reduction on millinery at Miss Porter's.' 5-3t Regular Tuesday evening cottage prayer meeting will be held at the home of W. R. Mark, 413 Richmond Ave., at 7:30 o'clock. The Sunday School of the Christian last year entitled, "The Charm of aana r-i. wMa,r oontnr rw V'auo, liiviiiuft, 25th, beginning at 7:30 p. m. Every uuujr neiuiuc. - Special holiday Sale on millinery, beginning Monday, at Miss Porter's We6tcott Block. 5-3t HON AN MADE BIG MISTAKE; ANOTHER MAN FOR LEADER (Continued From Page One.) start the ball to rolling and found that just as he entered the door the Spk' ;rs gavel fell and the session adjourn ed sine die. Honan leaped upon the -tpeakers stand and espostulated but it was all over and nothing could be done. But Honan will probably be elected speaker and a new man will take his place as floor leader. Representative Garrard, of Vincennes, is being talked of for this job in case he fails to

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LEE ft be elected speaker. Kirkman for Floor Leader. In the senate the democrats are divided between Senator Kistler of Cass county aud Senator Stotsenburg, of Floyd county for floor leader. This place was held last time by Senator Carl Wood, of Seymour, with Senator Slack as first lieutenant. Wood Is no longer a member. Neither is Slack. It is believed that Kistler will be chosen, though Stotsenburg has many followers. There Is some talk of Senator, Kirkman, of Wayne county for republican floor leader, and there are others who believe Senator Cox, ' of Marion county, will be picked for the place. Both men have had wide experience in the senate. A nice question has been raised with reference to the method of appointing committees in the senate. The republicans will have a majority in the senate but the lieutenant gov ernor, who is the presiding officer of

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the body, will be Frank J. Hall ot Rushville, a democrat. It is natural to expect that in making up his list of committees he will give preference to democrats and appoint them to the most important places, giving them the chairmanships of the best committees. x Now the question is whether the republican majority will stand for this. It will probably not. There is talk that the senate itself will take the matter into its own hands and the republican majority frame up the committees to suit the majority and then vote to approve such appointments. In other words, that the republicans will not accept the lieutenant governor's appointments and will make their own. This, of course will cause a ruction, and it is hard to tell how far it will extend. No definite program along this line has been arranged, but some of the republicans are talking about it. ft II you want coal, cither by the ton or car load, see Mather Bros. Company Phones 1178 and 1179