Richmond Palladium (Daily), Volume 38, Number 309, 5 November 1913 — Page 8
rH15 RICHMOND PALLADIUM AND SUN-TELEGRAM, WEDNESDAY, NOV. 5, 1913
PAGE EIGHT
STATE'S ATTORNEYS EXAMINE WITNESSES
Make Attempt to Fix Time of Every Detail in Murder.
J. M'NEES TESTIFIES
Henry C. Fox, Oldest
Indiana Circuit Judge,
To Ask Office Again
HENRY C. FOX.
Sheriff of Randolph County Exhibits Watch Penetrated By Bullet.
Testimony given today by a number of witnesses in the case of William Circle of Winchester, charged with the murder of Mrs. Iva May Brown on July 10 in South street, did not tend to strengthen the defense. Attorneys for the state started early in the day to secure testimony as to the specific time of every detail mentioned. The trial will be a legal battle between a number of the best lawyers In eastern Indiana. Theodore P. Shockney, of Union City, is handling the examination for the state, while Henry V. Johnson is acting in the came capacity for the defense. With Shockney for the state are Will W. Keller, Wayne county prosecuting attorney and Bert K. Woodberry, the prosecuting attorney of Randolph county. As
sisting Henry U. Johnson are Attor- V.
iiejs Walter Parry and John Newton of Winchester. One of the most Important witnesses called by the state today was James McNees, proprietor of the McNees hotel at Winchester, where Circle roomed. McNees testified that Circle was not in his room at the time of the murder, but shortly afterward Circle went to his room and turned on a light. McNees said he went into Circle's room and talked to him for a short time. Exhibiting a watch through which a bullet had passed, John Henning, sheriff of Randolph county, said he found the timepiece in the coat pocket of John Davisson. The watch was carried over Davisson's heart. Three Saw Murder. There were three witnesses to the ehooting of Mrs. Brown. They were Julian A. Shaw, Joseph Sommers and Flossie Cropper, the latter a 17-year-old high school girl. Mr. Shaw testified that he had seen Circle at a fireworks display at the Frances E. Williard school early in the evening. Shaw with Mr. Sommers were taking their niece, Miss Cropper to the home of her uncle, Tom Ashton at South and West streets at 10:50 o'clock at night when the shooting oc
curred. They were walking forty feet in the rear of Mrs. Brown and John Davisson when they first noticed them and they walked faster in order to pass them. When they were within thirty feet of the two, a shot was fired and Davisson staggered. A man detached was seen to run towards Mrs. Brown who had turned partly around in an effort
to get away. Before she could escape, a second shot was fired which passed through the bone of her right thumb and into her body, not causing serious injury. The third shot fired and the second 'to strike Mrs. Brown entered her left side, passed through the heart, and lodgsd against the skin on the right side. The bullets taken from the body and the one which struck Davisson were exhibited. Davisson Not Suspected. A shadow of suspicion was cast against Davisson, who was openly charged by some at the time, with having fired the shots. However, the state brought out testimony, which would show that while the shots were fired from close to the couple, the distance was too great for the act to have been committed by Mrs. Brown's companion. Shaw walked immediately to the body after the third shot had been fired. He asked who had been shot and Davisson replied, "It's May Brown Bill Circle did it. I'm shot too." A few minutes later Shaw went to a livery stable where Mr. Brown, husband of the murdered woman was employed and summoned Mr. Brown.
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where they remained safely until the
(Statutes of limitation made it safe to
return to the towns. Traveled on Horseback. As there was no otber means of transforation to the county seat?, where the . courts were held. Judge Fox traveled on horseback and in a buggy. He became well acquainted in all four counties and was known as one of the promising lawyers in this section. His term of office expired in 1S67 and he then moved his law office to Centerville, which was then the county s'at. Shortly after this, he entered his name as candidate for the office of judge of the superior court of Wayne county on the Republican ticket. He was running against Judge William A. Bickle, one of the most popular men in the county. Judge Fox campaigned all over the county, making speeches in all the town halls, addressing the farmers from his car
riage and making stump speecnes
ATTEMPT TO PASS WORTHLESS CHECK Henry Boyer Arrested At North D Street Saloon By Vogelsong.
For trying to pass a worthless check for $S at the Kennepohl saloon. Henry Boyer, who claims Dayton as his home, was arrested by Patrolman Voglesong this afternoon. The check was drawn on the Merchants National Bank of Dayton, and signed by Charles Hockster. Boyer has been trying to cash the check all day applying at several business
Police Gormon, the Merchants National Bank of Dayton replied that they had no account to the credit of Charles Hockster. They also wired that they lid not know Henry Boyer. Boyer will be given a hearing in police court tomorrow morning.
MANY
cy
! WEATHER FORECAST
STATE Fair tonight and Thursday.
WILL SEE
BIG LODGE DRILL
! Members ot Committee Ex
pect to Have Coliseum Crowded Nov. 26.
TEMPERATURE.
j Noon "50 j YESTERDAY. ' Maximum 55
. . ii . i .
It was a hard fight and he won out. uuwsen uii .mhiii sireti u?re ue was Mo ivie t.lor-tfri for six vears. although refused.
The oldest judge in tne state is Henry C. Fox, judge of the Wayne circuit court. He has been on the bench for about twenty-three years, serving in three courts. He will be
seventy-eight years old in January.
ant before the regiment left Indiana. However, when under service, bis con
stitution could not stand the strain and the conditions under which the I soldiers lived, and he became ill. Af-!
ter going to the hospital, it was de-
Judge Fox was born in Preble coun-! clared that he would be forced to re
sign because of ill health.
Julian was at that time preparing to enter the fight with Senator Hale, on the Free Soil ticket, for the highest offices in the country. Hale, after
had been
ty, January 20, 1836. His parents were
of old Quaker stock and Judge Fox
claims direct lineage from George Fox, who started the Society of Friends in England in the seventeenth
century. The judge's great grand-! ten years in the congress
father, who was a mariner, was the grandson of the famous founder of the Society of Friends. While Judge Fox was still a young boy, his father moved to a farm in Butler county, near Summerville, O.
There he went to the country school, j His father sent him to the White- j water Institute, then at Centerville. j Judge Fox was sixteen years old then. He remained in the school only one j
nominated for president and Julian
was running for the vice presidency. When Judge Fox returned late in the year of 1862, he found Julian making his preparations. He decided to as-
he did not serve that length of time. Means of transportation Improved and the legislature decided that county superior courts should be abolished. During his term as judge of the superior court, he was-called on from all parts of the county to make epeeches. He went to other counties and made friends with the most influential men in the state. Friend of Morton. He had been a friend of Oliver P. Morton before Morton toox tne office of governor. Morton's office had been just across the street from that of George W. Julian, under whom Fox studied law. There was bitter enmity between
Morton and Julian.
The fight between the two did not last long, as Morton, with his splendid physique, commanding manners and quick wit, obtained the reputation of being the best lawyer in this part of the country. However, the hatred between the two remained after Morton had ceased to become a resident of this part of the country and had pass
ed from the governorship into congress. In a political speech at Economy, Fox, when judge of the superior court, attacked George W. Julian and exposed him in many ways, which before had not become public, because of the sway which Julian held in the county. The Indianapolis Sentinel printed the story and it was copied by other papers in the country. At that time Oliver P. Morton was at Washington. Morton, hearing of
the speech, returned to Centerville and personally congratulated Judge Fox. He later secured for him the appointment of judge of the appellate court after four years of service in the superior court. Appointed Appellate Judge. Judge Fox was appointed judge of
the appellate com-t by Governor Chase. He served in this capacity for a year and a half, when he retired to re-enter active practice at the bar. When the county seat was moved from Centerville to Richmond, Judge Fox moved to this city also, taking up his residence here in 1873.
The writings of Judge Fox then came in demand and he was unable to fill all the calls which came to him. However, he wrote many newspaper articles which were published throughout the country. Later he wrote the "Adventures or a Philosopher, a Dun Mule and a Brindle Dog." After he became judge of the Wayne circuit court he wrote the book "Fncle Zeek and Aunt Lida," all the copies of which has been sold. Judge Fox has ordered 200 copies of the book printed, and when these are received they will be the last to be run from the press. After the removal to Richmond, the
When first arrested he refused to give his name and place of residence, but later said he had just "blown in" from his home at Dayton. In reply to a message from Chief of
Members of the committer of th Richmond fompanr No 14. uniform rank. Knights of Pythias pt ? have the Coliseum crowded to ca-
eve when a
ball will be
Minimum 30 i acity on Tnannsgmng
I drill festival and grand
' fciveu. W. E. MOORE'S FORCAST Team drills by the Mojern Wood Continued fair tonight and probably men. Wayne Aene No 66 Kagies and Thursday. Warmer Thursday the Hokendauqua Tribe of Red Men. An immense "high" prevailed this have been arranged for and other morning over the eastern half of the lodges may enter trains. 1 he drnl I'nited States. A "low" rovers the i will not bo competitive but each team northwestern United States, and under I will be paid for its servires. its influence warmer weather is ex-1 Weisbrod's Saxophone orchestra pected during the uext fortv-ight ! will ila- for the drills and dancing.
hours. I The drills will start at 8 o'clock.
I M ODD on 9 S StLODftS
Eft
y4
Julian employed to rurther his own ends at the expense of otners. In Johnson's Office. Judge Fox then took rip the study
year, when he returned to his home of law again, but not under Julian. He near Summerville. i was in the office of Judge Nimrod H. Taught School. ; Johnson, father of Henry U. Johnson, The following autumn, the school an attorney in Richmond, and grandwas without a teacher and at the age father of N'imrod H. Johnson, superin-
because of the dishonest trips which s,et ot lawyers had disappeared
of seventeen. Judge Fox became the county schoolmaster. He held the position four years, studying while he was teaching the others. When he was twenty-one years old, his family was moved to Centerville, and Henry
Fox quit teaching school
of the Richmond city light
ind Judge Fox and a few others prac
tically held the reputations formerly carried by Oliver P. Morton, Bickle, Johnson, Julian and a few others. Judge Fox practiced lawr here and made speeches throughout the county, finally running for judge of the Wayne circuit court in 1895. He was
elected and took office January 1, 1896, for a term of six years. Wrote for Papers. Three years ago, Judge Fox was called on to write an article on a solution of the divorce question. He
Never Offered More Delight in the Choosing
Never have they been so varied in cloth and cut, never have they so eliminated the necessity for individual concern regarding their becomingness. Their lines are conducive to grace, whatever type of figure they adorn. Their claims for fashionableness are in the cloth as well as design. No better place than this to make selection.
The Best Values, The Most Distinctive Styles,
us '
tendent plant.
Judge Johnson was elected judge of the common pleas and the criminal
court at mat time, ann gave nis as- ; Wrote this for the Palladium. The sistant. Henry Fox, mucn practice in Chicago Tribune printed it. Later it law, helping him to secure a firm foot-iwas r0nipd and nrinted in most nf thP
Judge Fox knew little of law, al-'ing in his profession. metronolitan naners from New York
though he had studied the subject as t Judge Fox had run for the office of t n inHsm
non-residents get hunting licenses
The four non-resident hunting licenses which have been issued from the office of the Wayne county clerk since the law was made years ago, have ben taken out by the same persons. They are Andy Graf and Henry Shuerfranz. both of Hamilton. Graf and Shuerfranz paid $15.50 each for hunting licenses. They were given Nos. 3 and 4. Last year they paid for Nos. 1 and 2. Of the $62 revenue from non-residents' hunting licenses each man has paid $31. The revenue from the hunting licenses issued to Wayne county residents during October was $1S5. The licenses cost $1 each. A number have been issued this month.
HASTINGS
far as possible with the small assort- district attorney when ne returned
ment of books which he had. Shortly from the battle fields and had been after he moved to Centerville, there elected in 1863. He was the state atwas a chance to take up the study of torney in the common pleas courts of law under George W. Julian, one of Wayne, Fayette, Franklin and Union
Although Judge Fox has ceased writing, he will again write a number of articles in the spring of 1914, he says.
He has served almost three terms
the most famous lawyers in this part counties. For that reason he re- j as judge of the Wayne circuit court '
ui me luuimj, uuiii a icw jcaia min , umiucu wiiu juugf juuusuu uui iui a j completing his eighteenth year in when Oliver P. Morton surpassed him. short time, when he decided to open j 1914. He will run for election for his Studied Under Julian. j an office for himself in Hagerstown. fourth term then, he savs He studied under Julian for four' Duties of the office of district at-! 1: years and when he was twenty-five ' torney was difficult work at that time, j vrpiv Cf'TJ17TTTT IT1 cnnvr years old, he left to join Co. C. of the the district attorney betng thwarted! IVHiW OXl CjU V LEj Fifty-seventh Indiana volunteers. This ! wherever possible. Especially in l'n-.! The new winter schedule of the was in 1861. when the troops were be- i ion and Franklin counties. Judge Fox j Chesapeake and Ohio railroad will be ing gathered by Governor Morton to j was forced to resort to little trickeries I in effect in two weeks. Vnder the new be placed at the disposal or tne presi- j of law in order to prosecute those who schedule no trains will be taken off dent. I were arrested. Often those who com- j nor will there be any great differJudge Fox was elected first lieuten-! mitted offenses went into the hills, ence in time of the running of trains.
The Maid Open the Tahle
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