Semi-weekly Express, Terre Haute, Vigo County, 14 February 1896 — Page 2

different

makes St incumbent upon the s.ate

point out in Uhe indictment,

but 4t must ateo1 point out, if

•urftaH wounds of wtfJch she died. Th*j these instructions, -may ibedefined to toe eighth eooirit charges murder "to same! that state of 'the -mtjnd which after a full waiy and means and by the use of some comparison and deliberate consideration means unknown infiiottoj? mpr4ta3 woundb of wfcSfclh site dted to each of whfidh courjt3 each df the deferifdaiiaas bas entered a pCeia Of not guJlty.

S. The detfendan'tis "being Joi nitty Initiated are aJfso being Jointly tried, but you have the auit'horScy, depending' upon the faocs you slhall find to be esfcaib-

_.w

ifutiLfu ics jaaiuxiou uy (uiie «i»ayer to Kiuii a

Id. Malice "within the meaning of the law relating: 1» felonious homibides includes hatred and revenge, and also denotes an action flawing from any wficlked and corrupt motive, and attended with such circumstances as plainly Indicate a heart regardless of social duty and fatally Ibent on nriischief. It may be proved Iby direct evidence such as prior threats, or 'it may he implied from the act of killing, if the act is done purposely and without (legal excuse or provocation. 11. Manslaughter lis either vohintary or tnvoluntary. If the ikilling .be done purposely upon a sudden heat, without malice, tout without law^u'l excuse and before t'he passion has had time to cool, the act is voluntary manslau,ght.eF^h(ut if the killing (be done umntent'ioqaliy "but In the commission

ctf all th'e evidence *n the case Heaves the minds of the jfury 'In that condition that they cannot coipsetenttously say that they feel an abiding-faith, amounting to a mofla'l certainty, from the evidence in the case, that the defendants are guilty of th'e charge of /murder laid in the inrd'ictiment. And, if you have and enter

frshed by t)h« evidence, to oairvtMt all or ta-ln such a doufbt a-s I have just defined to aoqufct affl or to convict esny one and

an(j

ajcqiiit 'tihe others, or to an.y two and amts':guilt, as Said in, the" Indictment, jwxjuit .tlhe O'Jher'one or find one guilty goes.^nob amount to A raoril certainty, of a greater degree anid the cither two fr0m.the Qvid'ence in the case or from of any 'lesser degree, or to find any few? a, iac?c of evidence, then it Is your duty gulltiy of a greater degree and the other

of atty lesser "degree or to find all gu^ ^at, doufrt, and return a verdict

of itshue same degree each guilty a ^em of .theicharge contained

degree of hioantoide. in tfte indictment. *2%. The tiKWatome-nft in tlh'is case, ts 01 The. rutle oif Jtanv itouchimg refcsonjfcsei'f a mere accusation and charge dOufbt, however, to a pnac»tf ca,l rule °it °5 'K~ for the giui'di&nice of prudent and pn-ac-

itjhe exiaot weapon and meams by^vJwa prevenlt ft, 'tJhere may be in al-1 matters

the deceased came to death. perttetning to htuiman affairs a mere pos-

exyic y*

nmknown amd it may also dharge, din. as

jC(f

tti

same unla/wful

act and without malice, St lis involuntary manslaughter. 12. A51 persons iwho (participate in a felonious homicide either as actual perpertatom, or, being present at the time and pi&ce of the homicide, in any way assist, a'bet, counsel, encouiiagte or contrMlAite to fts perpetration, are guilty as principals in this crime. Mere presence, however, without in someway assistintg or participating in the commission of the unlawful deed, does not render one guilty of its (perpetration. 13. To /be 'an abettor to a crime it is not sufficient that ?ne should stand toy while the cr?me lis (being committed, taking no part, /but such a one must, in. addition to 'being present, in so«we way or manner incite its commission. 14. The law raises no presumption against the defendants tin this case or either of thenrt, tout every presumption of iaiw is in ifavor of the innocence of each of the defendants, and in order to convict them or either of them of the true crime alleged in the indictment or of any lesser crlmle Included fn It, every materiaH fact neicessary to consttfeute such crime moist (be proven beyond a reasonable doubt and if the jury entertain any reasonable douibt upon any ma Peri-ad Ifact or element necessary to gJve th'e defendants the 'benefits of such doubt and acquit them. 15. The presumption of innocence is not a mere (form to he disregarded iby th'e jury at its (pleasure*. But dt is an essential ®art of the law of this state and Wilding on you in this case. It is your duty to give the defendants the fuW {benefit of this presumption and to acquit them unless you feel impeded toeyond a reasonable doutot to (find t!hem guilty as charged In the indictment. 16. 1 may now explain to you what Is meant toy a re«a9onafbte doufbt: The tern "gfeasoaa'ttte gotlbt*'* 09 use£ in

yvmr conviction of the defend-

jjefendants the benefit of

against the ddfewdianrtls and •s «, a.u«v«v «x" eelf any evidence df their g-um, awu

WcaI mem

w.hien engaged in the solCTim

iuror .in this case ,should permu dutty of as&jstd-ng Un 'the admlnlstratltm oiara Sxh'ank®, or-that sufth motive was AO (be to any extent infloiemeea again

justice.

KtiltlJte sueh

'it

it can.

every

is not, therefore, a rule -vvhoKy wanti'ng

the defendants because or on ac about wh'ldh tihere Jte anything whtansE- delfendian ts and in co'nSid'eTfiinis this Quesr the inid'iidtmen/t in this case. caJ or cMimerfcai. It *s not a mere pos- y-.an motive it i« scraper tor you to 3 In a case of homicide, tne mj ^brrfty df errtw or -mli^nake .thiait con.-

reasonable doutot. Despite

to day, the grand jury must no siibllClty of eTrOr. the other, -whether frlenifilly or dtherOhiarge the defe-n^amts,

*8. Ybu are noi|. bh-etrefore a.t Itb^nty

•tih»e commission of tihe crime '^n^° ^'e ©pecuQiajtlan or exils'ting:, on

rayMy arifees a,fiter

but, where the deaitlh and the at1 terns a of all tahe dJacts and cli'oum's'tan'ces tn known or suspected (to exist by hts w'iife, amd' surrounding circuimsibances are ey^ence tais a vdhoae or from a ifaok off ^sTein.n'ic Ke31ar, and what effect, ff any, •wnappeid to mysitierj'', it has tlhe rtgn't

€^naence

ot from both.

charge, as tt has in tMe case charged, ^9 Oircu/msitiantiaJl eviidenoe is, In. l/tis tfliiat tihe weapon or instrument anid even

mtoe|

the manner of 'the Mll'ing, was, aft the jnora.! certainty, yeit from 1'ta very natilme of the returning of the indiotimemt,

ture

evideince, dn respect it?o fits sufficiemay to warranlt a conv'Jot/iOn in crfwiinial cases, not (whether 'ttl'e piroof estah-lBsIhed circuim)s:tancel9 which are Oon^i^benit or whticBi dolinic/Me •with t'he •hypotih'esiis of the guilt of tlhe adouised, bu't wtiiebher the ci!rcuimstancels, s'aiMisfadt OTiily eat'afblished, are of bo' eonuolhi'Slve a Character

1 and poli'nlt so ©ureil/y and unerringly 'to

i^was"done were unknown, and Dt IB |the gm&lt of tlhe actoused as to excMde proven thaJt tihe graind jury made rea- every reason alb le (hypothesis of hto Inno^ 1 tes'tHmony you may consider his sonable efforts (to ascertafax them anjd cence Tlhe force elf cirtou)mstantii'al ev- wTiile testlfyi'ng, 'his bias, prejucould not, anld where all the ortlher ele- nden'c'e Ibeirtg ex/clu^ve in %s charao- 1 fecQ'ilng or imidlfferenice in relation' ments necessary to a oonvlctaou of tlhe I ite.ri the mere coincMence of a gtiven crime chargted are proven as ch'arged ^uim/ber o(f dirtaumistfances wl3tih itihe Ihypobeyonld la reaisonla'ble doufbt, it Is not I theeiis of gtu'i'Bt or thh/t they would acmecessairy for the s^'ate to prove nor iftr

COxinlt

the jury It© find the weapon wdth whildh posSMe th'e 'gtii'lt .df the acaused, to not nor fhife manner lin w'hich the kill'ltag adtmis's'aJtile ais a test unless the cfl'rwais don/e. cnffnatianoes rUse to such a d'egree of 4. The degree of Momkiide prove'd and dtefined by the laws of our state aire as follows 'Munder tin the first degree, murder iin the eeoond degree anld manslaughiter amd manslaughter is either voluntary Or involunltary. 6. And,

far as aippli'oaMe to tthiis

case, lthe statute of this state defines

mender in jtlhe first degree as fcfllTOws: I'direOt ainxl poisttiiveeviidence that the ac Whoever purposely and wi'tih pi^emedt- cuseid or ,e!ilther df th'em Milled Olara tated m'aliioe kills any ihuman betog 'ia

guiity of murder in the first degree. 6. Murder in the second degree is defined by statute as follows: Whoever unlawfully and maHifciiouiSly, but Wlith-

out premedltaitikm, kiflls any ihuman he- be ,t)he l'aw, should be carefully appMeVi ing, Ss guilty of murder'din ithe second Uo dIL SO that you have first to deterdegree. m'line whet/her the fadts and cirrtito7. And ma'rtsliaugh'ter Is defineid by etanlces replied upon as teniding to dhow our statute as follows: Whoever urn- 'the guullt elf the defendants 'hlave been lawfully kiil'ls lany human being, wiltih- proven! fbeyonid a reasonialble 'douibt, and out maflice, expressed or 'implied, diltlher tf m, then you mruiat proceed 'to the next

their innocence and unlese the evi-

defined is tlhe higheist "d'egree of felon1!- dence, taken as a whole, produce in the ous homicide, land, to constitute this onind, such a d'egree of moral cerftajnitiy crime, the elements of purpose, maLift as to excluid'e every reasonable 'douibt and premeditation musit concur in the of tlhe idefendianits' ©Uilt there oaa be kflling, anid there is premedilbation 4)f no conviction. the slavei-, before the kiiling has had 21. 'Minor or sulbdidTary facits, that as time and opportunity for deLiberaite to say, flaots whitch.tend 'to support other thought and if, ha/vmg all these, he 1 tfaribs which are themselves essentiail or ^101OT1

con/sciously. co"nceirved the homicLdail: coimstiBtuetnt elements of the crime need ,the law to Wave been

thought, m&d'itaites upon it anid deBb- not be estaJbliisheld toeyond a reasonable sihouM Ibe suteh'as to 1 ^raitely forms the delsiign or purpose to douibt unless isoi'dh fact or facts atone or doubt in 'the kill and does purposely and maliciously &n a gro'uip is ore are themselves neces- 1 *t"'' en kill, no maOter Ihow soon thereafter the

gtary to the e'sltaiWI'i'shtment of some «aon-

act wais dommitted, St is murder dn the s'tituenlt fact or element of -tlhe cr.me first degree. changed. Th'e ,tse\t is th'ils: "If a ma9. In murder of the second

so tha*. mhers a pwva*, d^lgnor 1^ iMMt MJh sulbsfMlaw must be m-|theljr Itoubs, tention is formed by the eilayer to killll a tkibMshed 'to your

huirtan beinig, anid /tlhe act of kMMng te |reasonable dOuljIt IbetoTe you can ^Sini'of blood on the fence east otf done wfth malice, but without premedi- vfitet. I findAntg or tajt!on» it its murdar 'iin itihe second degree.

«. to

J2. To warran* a

rove

m®lt«

douib't every

tlhe defendaui'ts' innocence, poUrit to Ms guilt toeyond any other ra•tioniail solutton. 23. To sustaiin laconvidtlon i'n this case the proof mui^t be susceptible of explanation upon no reasonable hypothesis conisiils'teint with t'he innocence of the defentdan :®.

Although you should find that tihe dealtlh of Clara Shanks cannot be salved from tlhe evMarace except upon the suppdHition of (the giult of the defendant, ^tfll 'this would irtct authorize you to find the defendants guilty

The law holds 'tihe diife and libentiy of a perfion too sacred to allow the same to be sacrificed by conviction for tihe commission otf suidh a crime as 4s charged against the defendants in 'the Indiioi'menit here, on the ground 'that: the onUy explanation afforded by the evidence of fhe deaitlh of a ihuman being, is by regarding "tihe persons dhtarged as giraty of tihe homicide.

In order to justify such a convfction the circumstawoes concerning the persons charged, relied cm toy the state for a canv'iet'ion, must poiinit, toeyond any other reasonable solution, to the guilt of the accused. 24. If you find from the evidence beyvynd a reasotna/ble douibt that tolood wtals found, several' weieks after tlhe alleged hoomiteide of Olara Shanks, on the Kelltur premlfees, and* itheut such blood was insistent i-vfth rtaibtoit tolood, dog blood, weflf blood,

fox

tolood, guinea pig blood

or human tolood, this fact itself would not authorize you to consider the finding of such tolood as a circumstance tending to etstatoKsQi the guilt of the defendants, and would not of itself put the burden on tlhe defendants of expMm'ing or aicctoxmrttovsr for the presence of suoh blood at saM (time and place. The buivSan would stifl rest upon the state to efetablish by proof beyond all r^asooatole doubt that such tolood was the blood of Clara Sharnks, or was in some "rt'yy

con(ne,crtod

witfti her allegsd

homlicide, before you woufd have a right to consider it as & oircumstance even teaading rto elstaftBHh iHhe guilt of the defendants. 25. Where! tt ts cleeurly cdta/bilslhgd fKa# cttue o*scuse*l of murder BJCtuaiiy JctHed fthe pwwoai w«h -wWicOi or sh« Is charged it 4s not Imperative tha)t

moWve tor rattme should be establish ed, y.et dm adj[ cas« evSdeaice estAlK

lJ»hJng-or iefndilin« ito eartab®atta motive upon the paiit oif the aroused "to commit .t!he or toe wfttb which hear »h® is changed el© pnoper aarJi should he flalirly eJonofdsred toy 'die jury, and to a casd wirere thfere to no direct eviderioe Jfchatt t'he accused .-aid .tihe kill'ing, but wthere tlhe evideaceis purely circumstantial an its ctenaicJ&er, tlhe question of preeeace cr atosence of anoiOves becomes of greatr err irmx*riIaK*3e, amd may even "have contndllng effect,

acnA

each

capatifle of the Wigiheslt degree of

j-t

requirels

Eideration.

many counts as may be necessary, ev- de'teiim'ine the value of circumstantial ery reasonably conceived weapon, means of iinstrumeiitail'ity and manner of MTl'tag which it mlay believe the evidence wtMoh ml&hlt he adduced upon tlhe tiria3 md#it tend to prove but whare there lis one or mOre ifchan one counlt, In the indictmentt, alleging tlhat the weta.pon, ln^trumenlt and means toy •wMc'h and the manner in which the kiOT-

careful anld pat'Lent eon-

The ttrue te^t by whSch !to

Ifor, or ooniour wltih, or render

cogency and foirce ais in- itlhe order of TuaituraJl causes and effedtis to exc.l'uid'e fbo a moral ceribaiinty evey either hypoitlheais exlceplt tihe single one oif g'UIWt. The proof imuifet nOt only cofimdilde wiith the hyipothes'is of gufiJit but dt must b'e in'con-^isit-enlt wjlth over

other r'a.ti'on'al oonidluBions.

20. In th'Ss dase there has been no

Slhlamks. The evidence tend'inig to e^tab-

•Msh this (fact, if fit dioess so 'tend, is in^d'iretdt and circuimistantial in it's ohairacter and sihoulfd (be caTeifully weighed amd Itihe test j-ul^t given you, Slf you find ft to

volawteraty or upm a -nd_i Unvoluinitairiiy, but iin itihe commissiion of fadts are conellstent wlith the deifend some unlawful act, ffls guilty of mazisliaughiter. 8. Mulder iin the firs1! 'degree as above

adts* igufflt, tout whether tlhey are con(ssytenit with any reasonable 'hypOthesiis

where two or more

defendawta ana changed and jointly in tlida case, *the principle biere enunclsit'cia

pk,rtlcuiai-'ciefeihtadW' ior?

be true

ydt

afc-

o^cr and

an)d

tterlal akegKutfibn of tlhe In'ddctimtent or iteatilmony touidhli'ng ttoot prdnts, If a-ny, degree, dirculms fiance eBecntlailly

alld

,1&0-

w'hlie -at' may

it doe» iw»tfTieceflsairay fot-

low atnid dhoifld not be pjesum^ad tho^t, because a mofcive toay 'fea^e

on7lu?:H*e}yr

be&n}"eveA

PpoV^Jia}s,to, On® etr .Tnore

thtaft the same or amy motive exists as to the txthier or^fheps Joite'tily dhSrkeid. 26. So Li' 'tihi-s

case

it* is prqpsr for jxm

to consMer all the evidence as tending to ptrac- ehow agno'tive on the pant o£ any or all

-uhe defendants to fcffl tht decaaseid

a,"

ta)£e initt)

a3.ciu»ed

preOanHtton 'that may toe taken ,th,e refiafionsMtp of the def^ndiantis rto

to any or all of -the

consfd'eoiation all the evidence

or trfal tendin* to show

the

Wr&e, wheither

tlo the case or

fche defendants'witto

deceased, thefe feelln-gs, one towaW

or not tbiere wra,t3 jealoui^y"

Jtfhe

imagination to hurt 'for a doubt, btft a tonvlaird's tlhe deceajstd, whether or not

•wi'tlh realsOTfeuble effort and diligence, to he irea^orvaJble, wt'tMn 'the there Jhiaid 'been asitilons of indiscreltfion lOhe exaOt weapon, means ofi metan'i'ng of tihe law, moi'Sit be sucih as •jimproper cond/udt between the dementaJdty eund the manner of killing

part of the ds-fen-datfit,

a faiir Con-aidenation ^^3^ and detfenkJan't, Danie? Kelllar,

Sit had upon, the state of ml nd and tfmm all the fiaicffcs and circuanatancfs in eviidence, detertmllVie what motive, iif any, each of Ittoa defendaoi'ts had for ctomjml3rt'rn'g the crime charged. 27. You aire (the judges of the weight of the evlidemce and of the credibility o(f 'the witnesses «anid you should consider the whole •evlidenice and reconcTle confliotinig te^timfOniy if you cam without (attr'Sbutii/ng perjury to any one, and you can e'i/ther lbeli*eve or disbelieve tihe' teslll'mony of any witness e'iither in whole or in part aocording as ycu may find Gt to be true or faise and ih de1 termini ng iwihiat credfjbU'i/ty yooi will give tb any witness or what weight you will give

the matters co nicerMng

which ih'e tesUifles an)d any other facts, mia'titeris or cirmmBtances in evidence, •Wihildhi mEgh.t effect (hCs testimony .and if yooi bel'ieve any witness .has testfi/fleid materially faJlsely as to any materilal if act yWu have tihe rtg'ht (to drfsregard hl's 'tedtiimoniy alltlogetWer where it is not corilolboilaJted 'by otiher tesithnony thcush you are n'ot bo-unid to d'o so. 28. The r'Lghlt to go upon tihe wS'ties stand anid telsbilfy in Ms own ibelhaif is a rflgli't w'h'ildh the state g'ives and guarantees to eveiiy pension iput upon triial (for a crime anld ft is a itight of whilch he may or may not avafil h'imself as he chooses and th'e vfJact itlhlaJt he does not chioose to tfeislbilfly in hds own behalf ds a fact which fhe jury cannot consider as weighiing either for or against ihim In determining tlhefir vemdiiict and the flact tfhlaft the detfendlamts in th'te case di'd not tesfti'fy in their own fbeh'alf must not be allaweld -to in any way prejudice your tmii'nldls aigta/imsit thetm or 'to in any way or manner affect your verdJLot. 29. Where a convffiGtion is sou®ht, tor a crfm'iiniaJl offense upon circumsitant'kl

retastoinalble douibt tha't the alleged

and ci'rcnimstan'ces are true, and that sudh-facts

diricium^tance's are inteonx-

patilb'le, upon ainjy reasonable 'hyplo theelis, wiitfh tihe (iinnocence oif the accused, anki incapaJble of explanation upon any reasonable hypwbhes'is other t'hian that of gulilt olf th'e defemdantls, and fin this dase, if aill the facts and cirtouimstances reiMeld upon iby lhe state and proved under the rules of law as jhereil)n befoire ind/ica'ted, df you can find iVvi-*Alr^r»£xryl"l

1—~

satisfaction beyond a (be the panltte Of 'ttiie defentdlant Daniel

Blffllt-ftd.

defenldamts e*riillt, then you sttiould the deifenidJaints gulillty. So you .wd'11 be governed Iby thlis •rule in determlniing wlhiat weight, iif a'ny, you wi)ll give to the

trteucksi, d/f amy, 'their course anid

*ivvorm ior»v the

-us? xrjsrz.

S A

toMotowi'- 7S5i"5 a. *Mrt frtalte 'hals clouded the kiL, whieire tlhe deceased was

reaisona ble Ihypothesis consistent with and that

any

,Mood

30. Venbal admissions, consisting of mere repetition or oral statements toy the defendants or either of them made several months ago, may 'be sulbject to nmich i'mipenfection and mistake

osuy

tQv

tne

reason that the defendant or defendants may not have expressed their meaning or that the witness may not have understood them or toy not giving their exact l&n&uag'e, and in the connection used, may have changed the meaning of what was said tout you are the exclusive judges of the«weight to be given to such evidence in this case. But if you find that the defendants or either of them did make any admission or statement at any time, yonj may consider those things together with their knowledge of the English language and their power to _express themselves clearly, and their infelligenice. CBf the admissions were freely, voluntarily, without fear, hope of reward understandirugly and deliberately made and clearly proved, you may igilve them whatever weight you may consider them entitled to in making up your verdict, 31. The opinion'of mefdical witnesses are admissible in evidence for the consideration of ttoe jury, the opinion of such witnesses are not admitted for the purpose of controlling the judgment otf the Jury, ftWt to Ibe considered tfor what they are worth in your opinion, when considered with aH the other evidence in the case, questions upon cross examination of med3cal witnesses calling for their opinions upon an hypothetical case, a state of fiacts supposed toy counsel to exist, and opinions have been given to such questions touit because the facts have Ibeen supposed to exist toy counsel 4t is no evidence they do exist, and you aTe to iflnd what, if any, otf the supposed facts hewe toeen es taWished and'tf any one4s not proved to your satisfaction then the opinions upon aukjh as are not proved, can have no application to the case and ought, as to t?}em» to toe disregarded. 82. (But if you find /beyond a. reasonable dotfbt from all the facts and circumstances in evidence to the case that the deceased Olara Shanks did not come to her death by drowntot but that she dpme to i*er death «by violence at the hands

some person .or persona other

than her own then you may take euch a fast, tf it "be a fact, into eonsidecattoa 4a oomraoilon nridi 6ther dCaots

TE&RE HAUTE EXPRESS, FBI DAY MORNING. FEBRUARY 14, 1896, V'

and VlK3«mstanee» in «vidence in the case in determining the eollt or tonecenceof the defepaantK or Any of th«ip. 33. And, if you ?Bndrom the ^evidence that it is reasonable to suppose that Clara Shanks may have come to her death by committing suicide, then you should find the defendants not guilty. 84. Uniess you eata^-say from the evidence beyond ail rfeasonahfte doubt that the alleged Wlood iJiiimed /toy the stia-te to have toeen found upon the premises of Daniel Kellar nms-^tuman tolood, then you hate" no rTght^to r'ons^der the finding of such blood at saM'jfl«6e As &'cLi--1 cum stance ev-^n ending' to' establish the g^int of the defendants. ~'r I 33. Unless ydu can say from the evt-j dence, toeyond h.11 reasonable doubt that CTari Shanks did not come to her death by drowning, or from some other cause other than violence you should find the d£«fendants not guilty. 36. Un'tess the jury can say from the evidence beyond all reasonable doubt (hat Olara Sharks was Skilled and her body afterwards throw ninto the water at Wolf "CreeSk FVilis, after her death, hen you should find the defendants not guilty. 37. Unless you can .say from the evidence toeyond'all reasonable doubt that Clara Shanks did not,commit suicide by drowning, herself in'the water at Wo if Creek falls, then you should find the defendants not guilty. 38. If you find from t£$.evidence that when the Ibody of ClWfi Shanks was taken from the iwater at WoUf Creek falls, and when her ibody was examined toefore she was Tmried for the purpose of ascertaininig the cause of her death, the palms of 'her hands, andi^ the soles of her feet were in a lacerated condition, and that ®uch a condition 'Is an indication of death by drowning, you have the right to take such fact Into consideration in detenmining whether Clara Shanks came to her death toy drowning or iby violence. 39. If you find from the evidence tliat when the body of Clara Shanks was taken from the water at Wolf Creek fall's her flimtos were in a rigid and contracted condition, and her hands clinched and that such a condition'of the limtos and hands was an indi'caTiibh otf death by drowning, you have •a'-fiight to consider sutah fact in determiAtefc whether Clara Shanks came to her deaith by drowning or by violence. -v 40. If you find from tifie evidence that, shortly after the body~"if Cl'ara Shanks was taken out of the water at Wolf Creek fails, ibloody fr&tK oozed from her mouth and n'ostrito^aml continued to do so during all that day-'fend part of the next day, and the oozing of Moody froth from the (mouth of th'e^dead body taken from the (water an indlcation that the toody came to its death l)y drowning, you have a right to'talffe such fact into consideration in dfef«l%iining whether or not Clara Shanks came to her de^Jx by drowning or by violence. 41. JDf the jury (finds from the eVid&nce that Clara IShanks' dead body was found In' the water at Wolf Creek tails and taken therefrom that when she wp,s taken from the water her tooidy was rigid, her arms and legs contracted and her hands clinched that her skin was p&iHid, that bloody froth was oozing from her mouth and nose that such froth continued to ooze from her mouth and nose on the day her body was taken from the water and to gome extent the next day that the palms of her hands and soles of her feet were lacerated thiat her Wlood was fluid and that all said conditions indicate that the toody came to its death'toy drowning: then you should find the fe?e'ndants not guilty, unless you are convinced toy the evidence beyond every reasonable doubt that the said Olara IShanks did not oome to her death 'by drowning. 42. If the Jury find from the evidence that after the death of Clara Shanks the defendants on trial were accused of having murdered said Clara, that after such accusation had been made against them, and before any prosecution had been Instituted against them on such charge, and before they had ever been arrested on said charge, they voluntarily appeared Ibefore a* justice of the peace of Parke coutit^, Indiana, and were sworn, and testified before sucto justice, each one separate from the others, concerning their guilt, and that in such examinations the defendants each made a full, fair and ^truthful statement as to the whereabouts, and what they did, on the day and'about the tim'e of the alleged homicide, and that the statem^pts of the^Sevetal defendants were reasonable stafterftBnts, and were substantially consistent

:take

such

tfadts initio con'sLdortafciO'ni together w.i'th %he otther iflaots and ci^cumstanceis 6hown (by the evidence fin determining wibetthier the defendants are guilty or not gulSl'ty. 43. It has been claimed toy counsel was made toy c&uniseil for itihe state, Mr. Puett, bath directly and by indjlredtiiom, to tihe fadt that the deffendanite did not gio uipoit the witness stland (in 'tlheir oiwn. foefo&lf. Cooineel (tor the state at the time dlieowned aray distention that h5s remarks made, to in any (manner refer to Itihe flact thalt tihe deferadiants did ndt go upon the/witness stand in their own behlalf.

Counsel for Ithe defense also objected to a remuark made toy

Jqouwsel

tor 'the

stlate, Mr. Sltmns, wherein, 4lt was claiimcd (that he u«ed tfehe name of defendant Dan Keliar in rdference to the fact that Ihe dlid not go upon the wiPtncss stoand and t«sitafy to certain matters. Tb wlhSoh objection the oounsefl, Mr. Simms, avowed a't the ttme that tlhe ulse of tihe niame D'an Keliar was a mere '.lapsus llngud'"—elip of ithe tongue—dn connodtton with the SpH'oWing other manwte of witnesses' wihb toad not gooe upon the witness stand and that he (had no inlfcentton or purpose-'f to so use tfoe mamte df any detfenxiairut as not Having testified, and the daunt Jmstruoted you at ttoe'ttme and nowrinsrtfructs you thiait yoiu must not In any tnfiiiij&er regard any suich remaark made Toy 9°**nsel as affedting any otf the-defendants in the case or to any manner «!fer or aikjde to ft. fir 44.-Efcudh Juror In bftiiSeflSbcfsatiioa as to wtoaJt shall toe iHH «mw* a* rtst bis cooclmsloos own Judgment as to w&W that veordkjt should be Gto th-ai if any one olf th* Jury after fravln« co opWered all ryidenoe h» me case, the aiwuknewt of eeunfeel, the tnettrucMons

the oourt and Miter ha-wtefe

Dully eonsuftett wiTh Ms fellow J«ny»hk» yet wrterthtn a mwwMe dbufet to the

o* t3ie «toum4

h*y «*M©t find the de«enliawte (ruMferYou «re the ewJartv* judges otf «he taiw and «h* evidenoe and whfle it i» «b« duty Of the "court to mrofulty and tanartaally torts*** y»u to Ibe

•m h« unVfertttandb ft and while it

b$9o ywSr dsfty to ghre the 4n»tsrtic«lons oif tlhe dowrt as glVW to your caraflua oonsfldeirallon y^t you sow, ft yw*

906

fft, J!sre«aTd his lostrucrtfons ajid fiaad the law tor yourselves. 46. Under an iadiatmerit dhargdng munder fn the first degree as in thte you Biagr tf tt* evidence warpaints it, fin/d tise detfendam'ls or eWlher of thsm gufiifcy oct a lostser degree of hamteMe such as UrtirdeT in the seicoad degree or mansSa/ugHter and tf therfe is a. reosonatole dwfbt as to wblfcfh of the trwo or moite degrees of offense the accused or any o'iue Sr more otf 'tfham to or are guBlty, if ^titlfy otf any, then 41he convOdtlan must be of the lesser diegree. 47: 03 you firid the defetndarate not 6"uil'fcy your vetidBct will be a general vericfict oif -not gnai'fty. If yon "A^d one or two or aftl the dafendanrts eufflby it wtll toe your dulty 'to affix the penlalhy wtoicih he or slhe or they shall suffer. If you find guilty of murder in 'the first degree the penalty is either death or mrprfteo mne nt 'Sn the srtiaitie pPisfasn during liife. If you And guiilty of murder in the second degree the penalty is ilmprtlsonmenit In 'the Stlaite prison for ffilfe. Hf yvrn find guS'Sty of miant^lau'gthter the penalty !is liimprl'sontmemit 4n «hie feitarte prison for not less thian 'bwo or more wuan bwenty-one yeairS.

ProvJding, however, tihia't whiere a woman Jls charged amd bhe finddiug 5s of a degree of guilt requiring imprisonment, 'L'ha.t she shall be committed (to fbe Indiana. Hetorm Sohool for Girls a»nd woman's prison and not to the cStobes I«-i©oin. for men.

Flnnl Admonition.

Gentlemen, tMfe lias toeen a long and necessarily tedious trial. You ais wefl qb wefll ew^Lthie counsel anid itihe pourt are worn wiith confinement afnd care. Tlhe work of counsel and the court is finished and nbw for 'the firslt time the oourt places i'n your hands the tfoales otf justice.

The toeasn is not at equipoise.

On "tlhe dcfiioended arm, (the defendants are, aind with tftwsm tih^ir presumption of innocence ia!bove, on the ether arm, stands Ithe state, dh'arged wi:th the du'tiy of raisi'ng it'hat presumptiion if it oaai and ought, whtoh i't cam oly do toy itihe evidence adduced upon 'tMis 'ferMl un/deir and within the tt-imts of law, as you shafll fed ft't. Oounaed for (the state eund for tlhe defense 'have each been dil'i^emit a-nd skil'Ifuil and Ihave brought you

!tihe

evidence artd -Mid (3t down before you, amid tihe court Wats (brought, and has now handed you the 1'aw ais he underatamdls it. It mow falls to your lot to place itihe evidence to tihe scale Where It belongs and to apply "to fflt amid to each paircea oif iifc, itihe full mdaisure of the law, aavd by that nraswe (tie^t it, a-nd to that end you wffil toe pQac6d to a room, otiher anld far differ€init from Jt'hat known to you ais your jury i*oom, a room not maidle with hanida, but bu'JJt toy yourselves -airfd Wm wftio. fe tatoove amd over you, tihe rcrom yo^ir own coniadienpe. In'to itihaft seclusion the court b$ds you go,. amd clttse tlhe door after you for only you ca/ri the courit cannot and remembertnlg your oartlhs Whicih, alt the beginning of this Miail you sodemnily took, na-mding God ais your sponsor. That oartJh, Hhe moment you took i!t, was recorded' 'in •the 'Mgth oouit of heaven, (and tihere it will remaiin. In Ithat forum, ooumsefl, court aind witnessed, sooner or iia'ber, must affll appelar, eiadh to answer tor 'the pairt he hfais taken Iin 'tihlis awful (affaflr.

Before that cornet you, too, must appear to answer to your conduct as jurors. If thiait conduct shiall meeit tlhe full measure of ithe law or tihiait forum, your appeaannce will toe touit (to receive your reward, tout if

Hafl.1 short you wM

plead (to an Blnd)3cltment for a violation of your soflemn oajth^ There will toe no oiircumfeittamitiiial evidence tihere. Tihere will be no meed of a filial. AM will be known. Thlere Will onily be the judgment and itihe expilation.

In conisM'ering your verdict let no oUtsidie influences enter duf Ito disturb the baJiance. Dross and rubtoiteh itihdre may be, is already in aimong the mass of ibru'Uh at your hia/nds, to vex aind worry jMu, desJpte Ithe efforts of court and of counsel to ptfevemt it.

Wi.ll

-,with

each oth

er, you have a right to itfake such facts into consideration In determining the guilt or innocence 6f thef defendants. 42%. It the jury find ((from the evidence, that Where was a rain at the Keller premises on the d&a& Clara Sh'anks disappeared that tlhe-,defendants were suspected of having killed said Clara at t'he house of Dan Keller and having carried -her bodly from, said house and thrown 'irt inlto the waiter at Wolf Greek falls thlat a dlay or two aifiter the disappearance otf the gM, a search and examination for traicks leading from the Kellar house to the Ifla'llfe, whs made, and no such tuacks were found on the Kellar premfises, you have a rig-hit to

to recognize or to name them. Tour te^k ^,Noi1m,a..

having to do wnith human

Central Telephone Extension*, Special to the Indianapolis News. Wabash, Ind., Feb. 13.—The Central Union Telephone Co. has decided to buffld a new copper circuit (long distance) telephone line (north from Indianapolis. It already has a loug distance line from Indianapolis to Wabash, "two wires having been strung. At this point the lin'e diverges, extending to DafayOtte, where connection is, made far Chiicago wi'tih ainotiher long distance wire, amd eastward to Toledo, where t'he New Toclc Wire is tapped. So heavy has the long dlstamce business grown that the lines (tihirouglh here are to constant use, and pa'troms are often obliged to wait. To relieve the pressure the company will build a metallic circuit from Marton, wtoere rtftue present Indtanapoiiis wire 1s intersected, to Vain Burem, Warren, Blufftom, Hartford City, Portland, Pemmviile end Umion Otty. By makin« these points in the oil and gas belt of Indiana, amd connecting them witlh the Eastern dlfne at Ft. Wayne, the pressure wJffl be les&emed. The nte^v Hive will be built tfih'jB spring.

The Venezuelan Dispute.

Waslhtagtxwi, Feb. 13.—Through Senor Anldnade, Its minister here, the government of Venezuela has notified Secretary Olmey itftwut 4t will respond affirmatively Ito Khe inrvitatiKm of the Venezuelan boundary commlsston to submflt all the evidenioe fn its possession touching •jjhc iocatiom of 'tihe boundary line. Senor Aodiradie afeo stated that offloflals of the govern/mant of Venezuela are now at work oomp^Hrsgiifhis record, and tt would t« forwarded to ithe commisstlon at WatAHn^toia as-soon as pooslble.

Presymiablv thia Vecezuetan fovterninvmt wlH be m*-e»e«ted before the oMnxB|p#|an by agent or counsel, as AigftStea «n th« dBsvitaWon, as the mlnJsteir teals atrontty recommended this course.

KeCaMoft la a Sp*eial Aetot 6to**e MdCammon, Ae «^«c mgtat oi th« AdanM iJxpr^ea Oo. at Farmerstwjrc, ba« not yet Veen apprehended ant hil aged father, who has been in T*fre Haute tor #9«ne t^&e, exQ*otioc

t&$,t

toeen ea&tured, has left thte cTty fot FV&nkHn, #here he toas relatives. The did gentleinan not long ago told the S«tiivan county authorities where his son would" likely be found, and they left at mce tor Florida. Mr. McCam.mon thinks his son has purchased some land with the money he stole from the express company. PHILHARMONIC CLUB CONCERT.

Finest Event of t'he Season by the FkfaftiU New1 York Socictjr. Tie torMliant cowcert' 'at 't'he

assy atit!?Knpt

ait dtecriminatkig

ameays^s or comparison c£ parptibess. To those 'not fcuroJM&r with the fact that th'te orga-nliaaition stands at the 'top of sucfli sodeltSee, itts engagemeot by the Terre Haute Muelcafl-Liiterwry Oltib should have? been a guarantee of superlative merit, as the musicai people of •iihat club will statnid as sponsors ocly for 'those Who set the standards.

The Phi(ThanmXBLC Club, whicih has biad a J?fe of eighteen years, is composed of flnOshed artiste, whose solo numbers, are perfection and their concent ed work ataos-t roatchfless. The auditors of l-ast niglht that knew music had an evening of unmixed, tout progressive deligfht, as t3xe guccessUve numbers exhibited (their espebM beautiiies and the different ins rumemtaliets Showed the£r todivilduajl excellence.

The programme, though of 'the most elevated and refined ciharacvter, was music of the sweet and flowing rytiun to pleaBe the leajdt cultivated. For instance, the first number was sufficiently e*levia'tei(J tor any virtuoso, beiing Haydn's Symphonic XIII., but asiy one could understamd, a£ter hearing ^ts allegro largo and menuef to. Why Haydn was called "itihe musical apostle of the beautiful and happy," whiile he recognized tihe superb work of the players. Then there was Ywi Gluck, who lived lomg enough ago and was enough of a reformer to toe now .a great classicist, but Mr. Weimer's flute solo from Gluck's "Orpheus and Eurydice," was delicious to all, for iJitself and •tlhe exquteste playing. The club's work in concerft was perfection. The dreamy music of "Traumercl, Ii'Esia.ginole," with its huntimg rerffna'k, by the mod*ern writer, Cowen, anid (tihe fasctoatiing Brahm's "Hungarian Dta/nces," added to the Hjaydtn number, were the Oluto's carttribuitiion.

Mr. Carl KrSll, the viofWmcellptot, stainds at the -hiewd of 'cello players. He wiae 'long tn »t)he orchestra, of tihe great composer V-cai Builow and now rmiy be sadid to hfOld (the place that was so wcwt!h% fiflled toy CWese. He played -tihe beautiful Chopin Nodtuwie and that very remarka&Je spintntog song the moeft unique 'crtlo performarace we have heard (here.

Mr. Eugene Weiner, leader of the Philharmonic Clufb, and flutist, is recognized

the Bast as t'he greatest otf

ftute players, which he showed often dn

e^.2°ncerted

nuttnibers and especlaaiy

in GJuok's "Happy Spdrits in Elysium" and TersKShacik's allegro. The audience naturally smiled at the airy gambols of the Ibdg doulbl© ibass Wut the performance was as admlrajble a§ rare. Mr. Henry Jj^hman, dike his confreres, is the iroaster in his field. He loves his umweyldy double ibass, with Sts deep, rich, sonorous tones and studies it as the violinist studies Ibis ligtht, more delkJate instrmment, would rather Idsten to lits gruff voice than to eat or sleep, and hence his splo performance was a anost interesting exhibition, olf •the bass violas capaibdiities. tAlmong these artists, iMr. Louis Kapp, the violinist, shown wiith equal brilliancy. iA. child could see his superiority to the popular 'Remenyi (as one did) in his tetehnique, finish and refined taste.

The Ph'ilharmonfc Clufb Is (accompanied Iby a deljghtifuil singer, Miss Inez GreneHi, whose (fine soprano, of great

,, .. coirrupass, seemed to (fit in so well with

afnd distorted that you may ntft be able ,Wer.

^therich tones o»f t'he (instruments around

&he

will be a solemn amd it_ may be' ^iffl- encore, tor nrtiich she sang the defltoate cult one, but such fe the fate otJnoae

wlhether'm'britounaQsof justice or Mi the

ch'ildsong,

a^a^s'

world of private and busilness affairs „He

but remember, -tihe mteresta aft stake

make it well worth your wtifle. fhe Rye." Altogether thi# was tihe prinTihiree defendants dhajged with one ctpail event olf the season and most gratthe worsit of crimes and t'he great state

be wiaJitSngj toobh have tnr^ted,

trusttngr you, wi'tih am toplioit Mth amd

conflden.cc known only in governmen'ts

like ours wbere boitih the accused and

accuser have equal voice, have tike powers eind privileges in the selection of their triiers. No further admonition., I take it, need be,

ifiyiin_._

^he -Casta Diva" frSn

to ch,arm the a/utdlence t0 an

"WhereiDid You Come Prom

tBalby Dear?" Blhe also sang Schfu-

man,n^

.,Der Hidalgo," and Mancagni's

iI/yves

Not/. and QS an

ia the warnlng.

encore, '^Comin' Tro'

I a

,to ^jje gentle readers

to th^«r for fuhlre an.

nounioemenits by the Terre Haute Miual_

jcal ote OIu(b

indeed tlh2s need

have been giCen. If they are innocent of 'iihe crime charged send them oult of here wStihouit fear of consequences or criticisms, and iif you find there its guilt, you have only to discharge your plain duty under your oaths anid the evidence amd the law as appliloable to it, eus you dbafll find (them.

Another Rainy Day at New Orleans. New Orleans, Fab. 13.—Weather rainy, track heavy.

One mile—Ondague won Le Grande second Tommy Rutter third. Time— One and one-sixteenth miles—Ban Johnson won Tancred second: Jim Hogg third. Time—1:55%.

One mile—Pulitzer won: Chenoa second Invade third. Time—1:48%.. One mile, Maspeth handicap-David won Dave Pulsifer second: Robert Latta third. Time—1:48.

One mile and seventv yards—Tom Kelly won Bon Solr second: Jim Heinry third. Time—1:53.

One mile and seventy .yards—Fondest won Flame second Jimmy third. Time—1:55.

Entries for Today's Races.

New OrleanB. Feb. 13.—The following are the entries for tomorrow's racM: Six furlongs, selllnjr—Ferryman II, 89 Cochina, Carl Holland. 90 New house, #7: The Rookh, Adah L. 100: Potsdam, 102 Legrande, 109: Borderer. 105 Teeta May, 107: Red John, 109: Hanban, 110.

Four furlongs, selling. 2-year-olds—Ethel Farrell, Oxe Bye. 101: Roltaire, Star Tobacco, 104 Russell a. Anarer. 107.

One mile—Hippogriff, 94 Sauterne, Squire G, 96 Le Banjo, Florence P, 109 Fly. Jr.. Jamboree. Ill BUtzeiv, 114.

One mile—Proverb. 92: Dutch Arrow, 90 Hibernia Queen. 101: Jamjboree. Blasco, 102: Clarus, 106: Queen Bess, 101, Piccarroon 111 Captain Kidd. 94 George W, Ja Ja, 103 La Belle France, 90.

Seven furlongs, selling—Lucy Bell, Pisa, Rachel McAllister. Frankle D, 105, Ja Ja, Beatifice, Jim Henry. Arkansas Traveler,

S8^-enlnfurl1c^gs.

TO CURB A COLD IN ONE DAY. Take Laxative Bromo Quinime Tablets. All druggisfts refund the money if it falls to cure. 25c.

We give you mane styTe, quaJttty «md •wetatr at RhowdB & Cairtiart's Hed Lettier Shoe Baiethfcn eteewhere, Fifth and ifaiin.

REMOVED.

B. F. Havens has removed hte l«w ®nd laeiMWitee office from 6B8V4 Wabash aveefiu*.

one t6 iltok Wabash ave

Never web tars BCLoaxle it Cartaart'ia Rod fidU, Fiftih ttod Main.

is.*"5'*1 K'i TiiSZ.t tit

IN „LIKCOLJrS flOKOE

Flrirt

PrttsbyVePiaan Ctowch last taJght, given by the New TKk PhilharamoWBc Club, under the amppfees of he Terre Haute Musacafl-tMerai^y Club, was not one tfoat oeu£ls for

THE REV. GEE PAYS TRIBUTE TO T. ,v ^l^^MAKTi'K'S MEMORY.

^Mons t® Be ImtiimI From th« fcwi«*((w|S pator'i I.lfe—KbIojUm tlie life »otl Character of Abraham Uncoli^.-

-A.brih«.m Lin col was the th«ne it the RUnn Gajaap c*Jets«r^.tif^a, !ast evenip^. ,In spite .of,the inclement we&iHquite an audicn'oe' Ka'rierfid to Jiit" ^v- on tbe ltfe oi'tt*

aa foDpws

honor conferrpa"iiKo5

m« by Biinai C«m{i No. W C5W ot having hce-n inviie«i to speak 5

of-

1 aot stay, Asttfrr-

ica "S «reat-Sst, son Atftuhwm L^jcoIn. A ui-app.^oa(t ,th'

suliec«

btiare me I feel.

liKo the inferior artist must feel as h« comes face to face with a great subject. How can I present this life to you in :h« best light? It wo^ild be Impossible In thia snort hour to give an exhaustive history of t'he man, and I doubt very much that, though much has been said and written, a compete or exhaustive history of Aar*ham Lincoln has ever been made. 1 hav«l in my library a amail voiume that was a birthday gift from my motheron my fourth birthday, which is a history of tbe miin Abraha^n Lincoln, and among the earliest reooliectione that I Imve is of my m&ttia* reading to me the simDle story oi that wonderful man's ccltIv lire.

Shall I speak to you only of Lincoln'* political life? Shall I tell only of hia early history? Or shall I .endeavor to give an outline of his life as it embraces each one of these different phases aa .fully aM the time may permit? I feel that the latter course would be tbe better at thia time in order to' sive you a glimpse of th« perfect man, and leave the tagk of presenting a complete biography to an able* but not more loving ha ad.

A little more than 100 years ago tJiere lived tn the beautiful Shenandoah Valley a family composed of'father, mother, three* sods and two daughters:, the father of that family was Abraham Lincoln, the grand father of President Abraham Lincoln. The youngest of those three son® was Thomas, the father of the presidents At the time of which sieak, that groat' hunter and pathSnder for civilization, Daniel Boone, had but lust returned from the country of Kentucky and had created a great excitement among the people, by his descriptions of the wonderful country he had explored, and there were many families who bid farewell to home, and friends to follow this man into the wilwilderness among them was this family*

They settled in a beautiful spot, where nature had bestowed her greatest blessings. Hero Mr. Lincoln built his log cabin and settled down to carve out a future for his little family, but they were not-destined to enjoy their surroundings or even their home for long period, for the Indians took up the war path, and what they could not accomplish in pitch battle they sousrht to accomplish from ambush «r in the darkness of n'.jtfit. Thai •Lincoln family were no safer from the crafty red men than were other settlers, for in four rfhort year* from t'he time their cabin was built, and but a short distance from his home. Mr. Lincoln fell one day pierced by a fa/i»5 a^roiw- from the bow of a concealed. »avage. Sooa after this sad event, his wfa?W, with her little" family, moved from'" the soene of their bitter sorrow and settled: Some distance east from the Ohio, river. At this

Obliged ^o leave his mother's cabin and make a uvihg for himself. '"In 1806, Thomas Lincom, them 2S years old, marrted to Miss Nancy Hanks. He had already built with his own h-andft a log cabin to receive his bride. 'rii« eabln was situated in what is now Larue county, Kesntucky. Thomas Lincoln was not long content to remain In this homo, but selling his place, he started ouj. pro#-, pectlng for a now home. Placing the heavy articles of his iarm and oabin in a flat boat ho floated down the Rolling Fork to the Ohio river, and down this river to Thompson's Ferry, Indiana. Her« he hired a man to move nts effeots eighteen miles into the Interior. Returning for his family, he placed his remaining household articles upon the backs of three horsefi and his familv started for Indiana. At the time of this move Abraham Lin* coin was but 8 years of age. The parting froim their home and the tears shed ever the grave of his baby brother made a wonderful Impression upon his young mind, but he was destined to have other and deeper impressions Imprinted there that time oould never erase. In less than two years after reaching thetr new home in Indiana, the mother, of A.bfrahaom, who was never s?tronjr. becran to sink under that pasting disease., consumption. While she lingered Abraham and his s'3ter were her constant companions, reading to her aqid listening lovingly to her counsel, and when at last the end came and Abraham followed that lovfed form to that lonely grave in the forest, it was with a feeling of loneliness, that only an orphan., can experience, he. turned- from the sorrow or this life to lean upon the same HegvenlJ Father.-The loss of hi? mother left a sadness in his heart that was plainly visible in the expression of his countenance, which was deepened and intensified a little while later by the death of his beloved sister, arid years later by the death of on« whom,he, hivd ho-oed to tnakq bis 1V° o°m" fca'nion, Ann Rutledce.

The only diploma he ever had was from VBrush CoHese." and that not written upon .-parchment, but Inscribed bi that •'wonderful intellect of his. The entire I time that Lincoln spent in school wyujd be, combined, but one yoar. He was not content to stop at th&t. but by improving every moment and eras Ding every opportunity he came to have a knowledge of txkks and subjects that would make many a college professor blush with shame in comparison. During the first six months of Lincoln's school experience he made such rapid progress as to be able at the end of the term to read th« plainer portions of the family bl.»le. rhe on'.y book which he. owned during these school days was a cony of the old luworth's Speller.

Lincoln's was a mind that was jiways searching after knowledge. Ho read everything that came in his way. He was not content with a smattering knowledge, but when he undertook a subject he kept at it until it was completely mastered.

In like manner later on be began.thft study of law. He was admitted to the bar when the most of students would ba considered but beginners in its study.

In disposition, Lincoln was kind ana loving, but firm. He never forgot a friend, no matter how lowly or PW. had a very symnathetlc nature, which perhaps was partially due Cie ^r5 himltif and hardships through which he himself had passed.' I doubt If there are young men today who ara passing through aHreat strurclee UnooUi W«J. through and many a man today, if to pass through such straight* as he passed through, would fail ®ut

selllng-Ths Shark,

Khaftan, Barney Aaron. Jr., Incommode, Blackball, Bod Holman, Jooo, John P, Springtime, 107 Whiff. Taylor Hayden, 110.

McLaughlin Wins.

The fourth game of the handicap series was played at "Ed Walsh's Terre Haute (House billiard parlors last night. The game was between McLauighlfn and Prox. McfLaifghlin won, making an average of 2 42-59, his best run, 26 Prox averaged 1 3-59, his best run 5. Richardson and Frank will play tonight.

upon

now et

i?ter Shoe

FuO vuBts fot Wtot Fwrd. &

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world themselves, and even Ood, but not of eonvlctim Th". convictions were not finely but were actual, practical, he theim Into his every day and busLnea* life. Abraham was ambitious: he would not have been human If he had not besn ambitious but his ambition was not egoistio. He desired position not to serve self, but to serve ttie people, -f he IteTMURht a Place It was not because he desired the honor nttM'ori Hut it was because he oene\et*

SSd Perform the duties and thereby MthW/uow ma, »«»'X 52 of character of whlcn he was tn« happy possessor, and that was hiis una flshness. There are some m*n whom to honor a little oompletely spoils them, and theTwlll never Rive QWMkttv to one who surpasses them, out nnt so with?Abraham Lincoln. A man who had the courage of his con^ottervs, who could meet and oveo-oome as he met and overcame who ooWl waik horn* from tbo caoitol of "J0 ftoi with his biotner reprasenta--tlves and they riding on ho 2^!

Zn was ](Mt the one to walk Into tM White House at T^hiwton A man w^o #»miid out the ohamolon bully oounty^won hi* back and rub smart weed hi his eyes was the man who at the head of this great nation could put reoejuon

ibs back and make it sue for mew*. Rnf»h a. man was Abrahasn Lincoln Diartag^the^ark davs of rebellion, w^en

guided the old ahio "of state

ftorm

rUUc L«h. and

into the haven of peaoe. ere it daehedw^

the last wave of tr^n^e I: a«or« -j in to an of iv wrecking the

ad he foil-

'.pilot, o» he stood at his gimWe come

thp flag

cry and swear fresh to his l*e died in siree fbat aa memory and you,

our

you responded come, oountry. that if (w ftag or treason or foreign ^jh respond nation that we. your sons

arty dif-

ferenoes, eund keep our nag. ^od aa fr«6 as you bavertade