South Bend News-Times, Volume 32, Number 188, South Bend, St. Joseph County, 7 July 1915 — Page 4

iriE SOUTH BEND NEWS-TIMES

LIVELY FIGHT IS

RAISED IWDUVAL

WSAN1TY TRIAL Counsel For Plaintiff Seeking Release From Jail Takes Exception to Much of Court's Procedure. The (.". of Charles DuVal against Sheriff haihy taken up in the superior court VclnrMlay morning soon i-ettlel into a -ontts-t between Judge Ford and Stuart MacKibbln. All through the Wednesday morning hearing MarKibbin. representing the plainiilf. took exceptions to the ri 1inps of the court on the grounds that tho matter upheld by tin? court wa-s liot the matter at lv-oic. The plaintiff in tho ta.M! has petitioned for a writ of habeas corpus on tho grounds that he is being illegally held at the county -jail as an insane man. When the quotion of tho writ wan xft for hearing the court announced that there should he a trial by Jury, holding that counsel for the plaintiff jhould not be permitted to FccTin; the freedoni of a man whom it might be dangerous to have at large without a clear case. When the court ordered the bailiff Wednesday morning to bring in 12 of the is men on the special venire the plaintiff moved to quash tho venire for the reason that it had not been made according to law in that it had been selected hy the sheriff instead of tho jury commissioners. This motion was nerruled. The court ruled that as the jury was a stanro ltclde in the special jury drawn at tho inof tho court the court should as to the method of procedure case. He therefore instructed Ian N'yo. amina the hputy prosecutor, to e:jurymon first. The jury was selected within bss than an hour and was sworn. The plaintiff objected to the action of the court ill having the jury sworn for the reason that there was no law authorizing the empanelling of a jury in a habeas corpus action. I.iuly Tilt i:n-uev. V lively tilt ensued between the .court and MacKibbin when the former proceeded to instruct the jury before the introduction of evidence. The court instructed the jury that the issues at trial were as to the sanity or Insanity of the plaintiff and also as to wheth.tr r not he was a lit person to be at large and that, following the hearine, of the evidence, interrogatories jj t'o these two matters would be submitted. The place of aSHliIL be submitted. The decision of the Jury will take the place of a verdict and on it the judge will decide the question uf the writ of habeas corpus. l-Yd!ow'-g the. instructions to the jury it was moved by the plaintiff that the jury be d'scharped for the reason that it had been instructed before the Introduction of evidence. Deputy Clerk Tobolski was laced

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on the stand by the d(fen.-e to identify the papers made out at the Jujticc court hearing cut the sanity of JuVal. It was fought by the plaintiff to find. out throu-'li this witness winthor or not the county clerk had made any directions as to the disposition of I).?Val since the rinding of the lunacy commission but objections were sustained and the attempt failed. Ir. Frank J. Powers, who was a member ,,f the commission which found DuVal insane on .May 11 l'.i:. was placed on the sand. A lengthy examination of this witness brought out the fact that he believed DuVal to be a monomaniac on the question of religion and that he was dangerous to have at large. Kvery question presented to thr witness to bring out the fact of the plaintiff's sanity was objected to y the plaintiff on the grounds that tho only question before the court was the question as to the locality of the plaintiff's incarceration in the county jail. It was held also by the sheriff that only the county clerk was legally qualified' to have charge of the disposition of a person after they were fountl to be insane by a lunacy commission. I'libahinctMl Ou r Iteligion. The cross-examination of this witness as -veil of the following witness. Ir. V. Ij. Stranz, was extended in an attempt to secure an explanation of "monomania." Both physicians testified that in their opinion DuVal's mind had become so centered on religion that it had become unbalanced and had made of him a person who would be a menace to the community. The plaintiff objected to this testimony for reason that the question of the man being sae should be shown from facts and not from opinions. The evidence concerning the plaintiff as brought out in tho findings of the lunacy commission were that the man was given to violent displays of temper and that he had become so centered on the consideration of religion that he believed himself to be inspired. It was testified before the commission that ho spent most of his time talking religion but that he had not become dangerous. The case is being tried before tho following jurymen, all from Portage township: Steve Hccczegs, D. M. Muoha. Joseph Sherman, Albert llagil, l IZ. 1 Snigger. I S. Ihlinski. Ura PJdin'im, . J. Johnson. Mike Xyorges Martin Kowalski, August Celide and A. S. fieltner.

CELEBRATED 4TH; FINED John Igaz Fires Shotgun and Pays lino in City Court. John Aeaz of W. Indiana av. was fined $11 in city court Wednesday morning for shooting forearms in the city limits. He was arrested by Patrolman Itzepka on W. Indiana a v. after ii was alleged he had .fired a shotgun in celebration of the Fourth of July. NEWSBOYS TO BE-.GUESTS AT CARNIVAL TONIGHT The entire staff of carrier and newsboys of The News-Times will be taken to the Rutherford i'hows tonight as a courtesy of the management. The boys will be taken to all of the attractions on the carnival grounds. Ilaker's field.

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HOLDS TRUSTEES ARE WITHIH LEGAL RIGHTS

Judge Funk Upholds Lakeville Board in Effort to Secure Water Works. The board of trustees of the town of Iakeville are acting in good faith and are within their legal rights in their attempt to secure a waterworks plant for the town, according to a ruling made by Judge Funk in the circuit court Wednesday morning. The court sustained the uemurrer to a second paragraph of complaint. The complainant then asked leave to file an amended .second complaint and the case was continued until l:o o'clock. The action to secure an injunction against the trustees wa.s brought by Fred i:. Van Liew and others on the general grounds that the trustees were seeking to evade the law which limited tho indebtedness of tho town and were seeking to deprive the citizens or their right to vote on the proposition of a waterworks plarU. It was shown by the complaint and atso by tho answer that the trustees were seeking to operate through a "dummy" corporation which should I erect the plant. Ihe stocK oi inib company was to be purchased by the town and thereafter retired. It was held by the complainants that this purchase of stock would increase the indebtedness of the town beyond the legal limit. It was held, however, by the defense that the preferred stock of the company would not be considered as an indebtedness. It was held by the complainant also that this socalled preferred stock was not in fact any more than common stock. The court held that the complainant had been in error in reading the provisions of one statute into another statute and that there was a statute which gave the trustees the right to proceed in such eases without submitting their proposition to the voters. It was held by the court that the status of the case was probably much different that It would have inen if the organization for tho erection of this plant had been fully completed. The trustees, he held, were acting in good faith and could not be enjoined. HILLMAN FAMILY AGAIN IN COURT WITH TROUBLE Trouble has again overtaken members of tho Uillman family, 101 N. Hill St., and in city court Wednesday morning two affidavits charging assault and battery were filed. In one, the father, H. William Hillman, accuses the son, Victor, of assault and battery. In the other Mrs. Rosa Hillman, brings charges against her husband, II. William Hillman. It is alleged that the elder Hillman does not obey in full the ruling of the court, wherein ho was restrained from tampering with the house on Hill st. and In tho rental of rooms to tenants. The cases will be tried July 10, each defendant being released upon his own recognizance to appear on that dato. upon spooo

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WEATHER SPOILS PLANS FOR POOR CHILDREN'S OUTING AT CHRISTIANA InMrad of Trip to Iiko 2.V) Needy Persons laijoy Luncheon at Saltation Army Tent. Inclement wathr put a dampener on the plans of the Salvat'on army to provide an outing today for the poor people of the city at Christiana lake. Instead large automobile loads of women and children were brought to the .Salvation army's tent on N. Michigan st. and a luncheon wa.s served them a I noon. With the assistance of the Chamber of Commerce and tho Rotary club, the Salvation army had planned to accommodate a large number of the poor people in automobiles and take them to the lake for a day's outing. Great baskets of provisions had been provided, which were served to tho I'.'O guests in the army tent this non. (lames and other amusements were provided during the forenoon. A great many of the automobilists who had volunteered tho ufo of their cars were on hand Wednesday morning in readiness? to drive to the lake in spite of tho rain, but the trip was abandoned about 10 o'clock. The automobiles were used to gather up the children and carry them to the Salvation army tent. More than L'fiO people were served this noon.

LIVERY STABLE CAUSE -OF COMPLAINT BY CITY Residents of Cliupin st. near Jefferson Iilvtl. Seek Homoval of Kstablislunent to Another Site. Israel Glasor, proprietor of a livery stable at 20Z S Chapin Ft., was arraigned in city court Wednesday morntng for unlawfully conducting a stable in the city. It was alleged that he had failed to secure the permission of property holders within a radius of 500 feet of the stable's site before starting business. The residence growth of that section of the city, according to the persons who filed tho complaint, wa.s Injured by the fact that a livery stable was being operated there. Glaser will tell his story to Judge Warner July 14. lie denied tho allegations of Magdalena Celmer and Miss U A. Momhard, whose names appeared on the complaint filed by City Atty. Seebirt. He was released upon his own recognizance. BIG PERMIT IS ISSUED Contractors Say Union Trust Co. Ituildiiig Will Cost $200,000. The H. G. v-hristman Co.. contractors for the new Union Trust Co. building to be erected c.t Michigan st. and Jefferson blvd.. were issued a building permit from the olfiee of the board of public works Wednesday morning for $200,000. It was said that work on the new building, which Is to be of four stories, would be started within little more than a week.

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DEATHS.

Walter C. Anderson. ."0 years old. living on the Crumstown road, died early Wednesday morning after an illness of six months of Rright's disease. Ander?on had been a resident of the county all his life, being be rn here on Sept. L'. 1853. Surviving him aro two daughters, Mrs. William Wursttr of tho city, Mrs. M. X. Hawblitzel of North Liberty, a son. William Anderson, of tho city, one brother, Elliot T. Anderson of Chicago, and a sister. Mrs. A. C. Smyser of Logansport. Anderson was marr'.cd twice, the first time to i:ila M. Rockstroh in 1ST7. who died Nov. 1906; tho second time, to i:ila M. Morrill. May 1. 1 L 0 9 . who died April 982.1 It 5 1, 1 101. who died April 2S, 1914. l- unerai services will be held Friday afternoon at 2 o'clock from the residence. Rev. Mr. Krueger officiating. Burial will be In Riverview cemetery. MILS. ANNA Ai d STINK. Mrs. Anna Augustine, wife of Alvin Augustine, died Tuesday afternoon at her homo at Wetviile, Ind., death being due to apoplexy. Mrs. Augustine was formerly Miss Anna Baustian of this city. She is survived by her hi:.: : a i. her mother, Mrs. Elizabeth Baustian, living at 403 N. Scott St.. her sister, Mrs. Albert P. Hans, and her grandfather, Christoph Wohlrab, all of this city. The body will bo brought to South Bend this evening tor burial. FUNERALS MItS. ROY M ri:RHCN Funeral services for Mrs. Roy McFerren. who died at Knox, July 5, will be held from the Orvis chapel Thursday afternoon at 2 o'clock. The services will be private. The body will arrive from Knox Thursday at 12:4 5. Burial will bo in Riverview cemetery. ROTARY CLUB PICNIC TO BE HELD WEDNESDAY Announcement wa.s made Wednesday that the annual picnic of the llotary club will bo held Wednesday July 14, at Koontz lake. The committee reported at the regular luncheon at the Oliver that plans for celebrating the day are now under way. The club will make the trip to th3 lake by automobile, leaving the Oliver hotel at 9 o'clock in the morning. Returning tho picnickers will leave the lake at 4:30 o'clock. The program for the day is now being prepared. Tho picnic committee consists of F. L. Dennis. F. A. Stephenson and J. U. Haugnton. ESTABLISHES TAXES Amount Found to Ik? Duo State Fstablislunl For Various Instates. Inheritance taxes were cstablis-hed as follows Wednesday morning in the circuit court: Caroline Morey estate, $178.50; M. Pearl Chapin. $189.12; Marl in Y. Miller, $62.46: Flora E. Bevrer, $4.49; Norman W. Marxham, $20; Augusta Ileald Smith. $89.20; Lyman C. Fgbert, $39.53; Miner 11. Ustenbergcr, $124.31.

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Latest Bulletins From War Zone

RRRI.IX. July T. (l!y wireless) German troops have renewed their drive against Warsaw from the west. Today's official report from the general staff announces that the Germans have taken by storm Hill No. to the s-outh of HoTzymow. The report also announces thcapture of more than 4.000 Hussions in the operations in Galicia and Poland. PARIS, Jul 7. After a heavy bombardment of the allies' positions at the Dardanelles. Turkish troops opened a general attack on Monday. As tho infantry advanced the ottoman soldiers were mowed down by the French artillery, machine guns and rifles, most of the attacking forces bcin slaughtered. PARIS, July 7. An important gain by the German troops in the new otfcnsie in the lor st of Apremont, near the Meuse river is admitted in today's ohicial communique from the war ottice. It states that the kaiser'. forces succeeded in penetrating the French lines on u front of 700 yards. The oMlcial report indicates that fighting is going on on almost the entire front in Franco, but at other points, the German assaults have been repelled. HEARS cWpLaInTS" FROMJiOUTH BEND Hoard of Review Listens to Those Ylu Allege I'cosio Valuation on Ijoeal Property. Xo organized protest was entered bofore the St. Joseph county board of review Wednesday forenoon at their first session in the consideration of South Bend and Portage township appraisements. There wero several persons who appeared before the board for the purposo of ealllni; at tention to errors in appraisement. D. M. tfhively asked that the board consider a reduction of the valuation placed on his business property if reductions should be made on other down town places, but ho made no protest on his appraisement. A protest was entered by the Masonic Temple association. It was held that an appraisement of $9,550 on tho property was excessive. Other protests were entered for tho 1 Iappman estate, the A. Coquillard and tho J. A. Coquillard estate, F. A. Bryan and Donald McGregor. HUKC.IiAUY IS RFPORTFI). Tho local polico department was notified of a burglary at New Carlisle, where the store of Charles Phillips was entered and articles of value taken. The list furnished the South Bend department includes articles of clothing, shoes, jewelry and watches. TRY NEWS-TIMES WANT ADS 3 i - So a

POSTMASTER ZINKY TO

GET RAISE0F South Bend and Mishawaka Officials Among Many in Middle West to Benefit. As a result of increased revenue? during the past year in middle west post unices several hundred post mastcrs. aro to get a, raiso in pay from Undo m. In the list as given out at Washington Tuesday, r-outh Tend i3 included in tho increase list, thorn are some that aro getting a chunk taken off their salary, too. Accordingly, Postmaster Georco Zinky will get $3,700 a year, a rabo of $10f. The Mishawaka postmaster. Ilerzog. also comes in for a raiso ,,f $P'e h:.s new salary being f.l.lOQ ; year. Other surrounding cities to come in on the raise are Plymouth, Knox. Crown Point and Rochester. Fort Wayne showed a de rcac in receipts and consequently the postmaster there gets $mo hppcd oif his pay. as do those at Winona Lake. Hast Chicago, Gary. Indiana Harhor ami Wakarusa. SCHOOL BOARD AWARDS CONTRACTS FOR PAPER Approving of bills and accounts featured the session of the board of education Tuesday night preparatory to closing tho fiscal year at the end of July. A financial report is expected to bo made at that time. Contracts for school supplies for next v,ir were awarded, the principal ones being, one for 2.20u reams of practice paper to the l. p. Har.lv Co. of this city, and one for tinted drawing paper to Prang & Co. of Chicago. Plans wore also submitted for another portable school on Division ?t. near the present portahle school htween Olive and Phillinpa sts. The resignation of Hildur Youncquist, teacher in the Madison school, was accepted. Miss Louiso Studehakcr was elected mathematics teacher in the higli school. riii-:.vnxG AT A XX. A POMS. (Kansas City Journal.) Fvery American will share in tho opprobrium brought upon tho honor of tho navy by the revelations of widespread and unconscionable cheating in examinations by tho midshipmen nt Annapolis. The cheat is universally execrated, for despite tho prevalence of dishonesty in all walks of life and among all classes of people, human nature is fundamentally honest. At least an overwhelming majority of people demand honesty and admire it when it is displayed. Tho American spirit of fair play unreservedly condemns the nerson who takes an unfair advantage of another, whether the contest be one of hrains or brawn. The spirit permeates all forms of ac. tivity, pastimes as well as the more serious engagement of wit, skill or ability of any other sort. Paper. A (d . r" 4 J

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