Terre Haute Weekly Gazette, Terre Haute, Vigo County, 8 January 1885 — Page 5

LIGHT HEALTHY BREAD.

pBJCfr

S

YEAS! GIS.

The best drv hop yea9t In the world. Bread raised by this veaat Is light, white

andwholesoniejileiourjgrandmotherjg

delicious bread. CROCERS SELL THEM.

PREPARED BY THE

Price

Baking

Powder Co.,

HanTrs of Dr. Price's special Flavoring Extracts,

Chicago, III. St. Louis* Mo*

ACEIVFSl

something new. Ilareonanco, $5

outfit free. Write to-day. Empire Co., 881 Oinnl St.. N. Y.

TO 1 OAK-

Tby

LOAN—MONEY—OU mortgage secured eood farm property, for from six months to ttve years. Apply at the Terre Haute Savings Bank.

No. 13,870—State of Indiana, Connty of Vigo, In tho Vipo Circuit Court, November term 1884. FJeury F. Keith S-irauel FaMg, administrator or the estate .f William

Lindsey dece ised, and Stimuli McKo?n. Be if ki.own, that on the 6 day of Lecemher 1884, it w«s ordered by the court that, the cleik notify by publication said Samuel Fasig, aiimiuistraiorof the estate of William Lind oy, decoded, aa non-resident do fendant of the pendency of this action agsinst him.

Said defendant is therofme hereby lottIted of the pendency a" aa id action agains' liim and 'hat thesame will stand fortiial January 28t.h, 1885. t..e same being November terui of said oourt in the year 1884.

LI SHRILL N. SMITH, Cleik

APPLICATION FOR LICENSE. Notice in hereby given that I will apply to the Board of Commissioners of Vigo Co. Ind., at their next term for a license to

sell

in toxica ting liquors in a lessquauti ty than quart at a time with the prlv ilega of allowing the same to be drank or inj premises for a period of one year. My plase of bu-oness and the premises wfcerean said liQivrsHie IO behold and drank Is lo eared on the t»»uin half[%] of lot No. one [Ij is llof«'a sub of 84-65 A. at the northeast, co ner of Seven and Spruce streets in the Fust wsr1 Urn city of Terre Hauto, Harrl* sou lova-.hip, Vigj county, Indiana.

JKIOHAKD BARRKTT.

"When Baby was sick, we gave hor ASTORIA When she was a Child, she cried for CASTORIA When she became Miss, she clung to CASTOKIA Whan she had Children, Bhe gave them AST'A

IIERIFK'd SALE.

By virtue of an execution issued from tfee Vigo Superior court r*. medireuttxiand dellv ered Li f^vo of IVrre Ha ite H^viogs oauk and against. Willi*..* Ii. Boyli, Principal, and Hs-ovy yll, George W. stout «nd damsel Rovse, Buret.ieM, 1 havo levied upon the fol wW uitc desi'rsbrd real estate situated in Vigj count', !n liana, to wit: the nunIwasi quarter [J4] of th6 northwest srter\%\ of section lour [4] township tea

rlo]

norm, ange n.ne 19] wast also

•omindicing »ue hundr rt and twcntv-live and 01-1(0 hundredchs[1250l-10i] rods west of the uort-eas o-rner of the northwest quarter of .sa fecuoa, township and range, tiiei ce nth one hundred and ixtynine and 92 10 hundredths flG9 02-H0J roils the south hue oi sa quarter section, theucewest six.een and 67 100 hundred hs jltt 67-lw] rods, thence north one hundred and

STXty-nineand

92 HO hundredths [169 92-

100J ro, t'lence east to beginning about sevtnteon |17| acres also conm encinc: four teen and 7^-10J hundredths [14 72 100] rods west of the northeast ccruer of the hortheat qua ter or' section five [5] township ten [10] north, tv.nge nice west, thence south to the soutn lino oi uaid qu*rt section, thence wea* sixteen and &7-1O0 bundredtbH |l(i 57 10.)] rods, thence north to the north line of »aid quarter section, thence e-tst tJ beglnnir^, seventeeu and one half 117acres in said bounty and slate anc on 8ATURDAY, THE 81STDAY OF JANUA­

RY, 1885,

betwoen the hoars or 10 o'clock a. m. and 4 o'clock p. m. of 84 id day,-at the Court Iiou6e door in Terre Hauie, I #ill offer the rents and profits of the t»bvve desoribed real e« tate, together with all privileges and appur tenances to th» same beloagin^', for a term not exceeding seven years, to the highest bidder for cash, and npon failure to tealize a mm 8UJ0C enfi to satisfy said execution and costrf, I will then and there offer the fee •imple, in and lo said real estate, to the highest, bidder for cash to satisfy the same.

This 8th day of January, 1885. JOHN CiBi.BV, Sheriff. Printers' fee, $10.

ELERLFFtJ SALE.

By virtue of an order of sale Issued trr.T the Vigo Superior uourt, to me directed ana delivered, iu favor of Marcus Schoemehl, administrator ot the estate of Charlo te Lfabermeyer and against ifilkn C. Leonard, Maurice Ha^er y, Asa M. Biaok, Hogh D. quel, Sam«.el Koyte, Pe erJ. Kyan, John kf. Rotdol, Joseph tt, Briggs and John J. Brake. am ordered to sell tbe following titsenbed real estates tuatcd In Vigo county, Indiana, to-wit:

Lot number six [6] Jn blo«?k number seventen|17|in Lmum'e addition to tbe city •f Terre Haute, in said county and state and on SATURDAY, THE3ISTD VY

and four [4] o'clock p. M.. of

said diiy, at the Court House door in Terre Haute, will Offer the rents and prutitof the above described real estate, together with alt privilege* and appurtenances to the same belonging, for a term not exceed ing seven years, to the highest bidder for each, and upon failure to realize a sum (tuMulent to satisfy Bald order of sale and coat?, I will then aud there offer the fee •imple, In and to said real eslate to the highest oidder for cash to satisfy the same.

This Stli day of January, 1886. JOHN CLBABT, Sheriff. Kloieer A Kleiner, Attyc. Printer'^ fee, $7.

reeMg

THURSDAY. JANUARY 7,1885

Riley items.

We are having beautiful weather at presont, Business is dull in our burg and it stves ou: merchants a little rest.

Oar school will commence again on the 5tb, after a vacation of over a week and we hope the scholars have enjoyed themselves as well as the 4,Riley

has in that time. Riley can not boast of a better set of teachers than we have this winter. The Odd Fellows of this place installed their officers on the night of the 8d, and after the installation they proceeded to the Sherley Hall, where they had an oyster supper. It is our nderstanding that a series of meetings ill commence again on the night of the h. iirls did you put in your time ithfully while leap year lasted "RILEY DDDE."

THE MUKDER TRIAL.'

Dr. Humphreys On Trial For Kill ing Leandci O&ritbers.

The Testimcriy, Court Scenes and Squabbles, and All the Proceedings—The Jurymen. :a:

From Friday's Dally.

This was the day set lor the tiial of Dr. Andrew J. Humphreys for the killing oi Loander Carithers in Nerins township last year. At 10:30 o'clock. Judge Allen ascended tbe beach in the Circnit Oourt vacated by Juds?e Mack &nd called the case. The defeudant entered a few moments before. Ho had his long mustache and hair trimmed, and was lately shaven. His face is fuller than *vheo he was last here and 1K seems to have gained flesh. He has bten tempo rarily re6idiDg at Paoa, 111., *itli his wife, who is a niece of the deceased. 'SquireHurst, the Nevins township justice who is

very

earnest

ID

his efforts on

beiiait of Humphreys, flitted about the court room, aod John McClintocK, promiuent citizen ot the same township, who stood by Humphreys wlien it was dangerous for Humphreys to b3 is the reighborhood of tbe killing, waa also a prominent spectator and »t hi^ obalr close up to the defendant and whispered in bis ear. Quiet James -CariUaera, oroiher of the man killed, sat with the couoeel for the state.

THE STATE RBAUT.

The attendance in eourt was the largest it has been on any day for sonae time. Prosecutor Henry said the state was ready for a trial if their witnesses were present. A deputy sheriff called the names of the witnesses on leolli sides and there were a f^w who did not answer. One was Mrs. Humphreys, wile of tbe dtletdant. THB DEFENSE WA«T8 A ©OHTIHTUNCB.

Judge McNutt, of counsel for the defendant, took up tbref-q:3-irtc«3 of au hour iu reading an afllu&vit lor a «ontinuanco. The afHdavit went on to say that Albert J. Kelley and Mrs. Humphreys, important witnesses in ihe case, could not attend and that Senator Voorhees, whose presence as counsel tbe defenee required, could not IKS present-owing to important business that has come up beioro the Senateof the United States. The affidavit recited the testimony the witnesses would trive if they were present. If said that. Mr. Keiley was, or soon would bp, called ii Indianapolis oti "business ol paramount importance to himself," and that Mrs. Humphreys was feick at Pana, In su.^poit ot the statement about Mis. Humphreys' sickness aliidavits from two Paiia physicians were made in which they said Mrs. Humphreys was far advanced in pregnancy ana that excitement of any kind cons:quent upon her attendance on the trial might re&ult injuriously to her.

MB. KELLEY'S AB3ENCB.

The ''business of paramount importance" that called Mr. Kelley to Indianapolis was not stated in the ltidarit. Mr. Kelley is trying to be Secretary of tbe Btate Senate again, and he wants to oe in Indianapolis lo perron ally work ou the members as fast as they arrive. Mr. Kelley was ii the city thi3 morning, however. The affidavit said that Senator Voorhees'pres nee was essential te the case and that the affidavit was not presented for the purpose of delaying the case, but to secure a fair and impartial trial.

KIDIOULIHG THE CLAIM.

The defense's attorneys privately ridiculed the statement in the affidavit that it was not made to purposely delay the trial and they were about to respond to the affidavit when it was suggested that as it was then 11:30 o'clock an adiourniBint had better be taken till 1:30 r. M.

THB SPECIAL JORY1CE3.

The court had deputy

REASONS AGAINST A CONTZFTFUVCE. This afternoon Judge Shelton, of counsel

lot

OF

JANUARY,

1885

Between the hoars of ten [10] o'clock A.

3i.

fj^azetfe.

the prosecution, called the attention ot the coart to various irregularities in the affidavit tor a continuance and moved to strike out part3 of it. Then he passed to another question and said: i'be first time this case was *et down for trial waa at the spring term of last year. It was then contiuued on account of the absence «f Senator Yoorhecs, who was at the time attending to hia duties as a member of the Senate. It was next set for trial at the September term, and at that ttme Mr. Voorhees was actively engaged in the political canvass aod could not be tried then. It was continued twice became Senator jVoorhecs could not bo hfre. Then on the 8th day of November it was continued a third time on account of tbe sickness of Mrs. Humphreys- If it is continued now it will be the lourth continuance the defense have asked and been allowed in lees than a year. This does not look as if diligence was used by the defense to

g'it

Dude"

this case to a trial, nor does

it look as if tbey were really very anxious for a trial. Mr.Vooihees is still a member of the Sanato and will be for some years to come.' If he cannot try it now, when can he The present session of Congress will end in March next, but we all know an extra session will be called and there is no telling when that will adjourn. Judge Mack has ruled in this court that he will grant no continuance in a oase, unless of very grave impnrtance, because of the absence of an attorney, where there is* more than one attorney employed. This is no excuse tor a continuance. As far as Mr. Kelley is concerned he is still in the city and he could be produced here on an attachment within three hours. We all know what ke is going to Indianapolis fo,r. It is

,x

,Uv|.

outside of (he record In the case, but we li know that be is going to Indianapolis because ho expects lo be, and I believe will be, Secretary of the i^oriate Now, if Mr. Kelley is elected to that position he cannot leave during tbe cession of tbe Legisliture, aod there is no telling how long it wiil last. Then there is aoo her thinu that ontcbt to be con* fiderfd by tjie court. This case is attended with immfthsa cost to the county ev ry lime it fa contitiued. There is 8peciallist of fifty Jurymen here to-day that have been summoucd by tbr: court. The witnesses are here. The c&se has already passed boyond the control or jurisdiction of this court. Some of the witnesses are miners by ocoupation, and are migratory in their character. So far as Mrs. Humphreys' testimony is concerned we enn have her deposition taken and produced here within three days."

Judge McNutt replied on beht If of the defense. Farther argument was had, and at p. w. Judge Allen annonnced that be held the affidavit tor a cont nuance good and the state would have to admit every material allegation of evidence contained therein in order to get a trial. V"

Fa*n Saturday's Daily.

The state attorneys consented yester day afternoon to admit the truth of all the material allegations contained in the affidavit filed by the defense ior a continuance in the Humphrey's murder case, and tbe examination ot the special venire of fifty talesmen began and was not concluded when an adjournment was taken until this morning. The defense feel the victory gained by the ruling of the court on tbe question of continuance, and are quite confident «tf tbe ultimate outcome of the trial.

TALESMEN WHO HEAD THB GAZBTXB. This morning the work of impanpeling the jury wa3 resumed. Judge John W. Shelton took part in it lcr the prosecution and Mr. S. C. Davis for the defense. It was a significant fact that at both yesterday's evening's and this morning's examinations tho talesmen when asiied what newspaper accounts of tbe killing they hud rend invariably replied that it wus tbe GAZBTTB'*. Some oi the talesmen had formed and expressed opinions in regard tu the killing and most of them were irom reading newspaper accounts of the affair. One or .two were excused because of defective hearng aisd a large nuinbsr were perempton. ly challenged.

THE COURT OH NEWSPAPER ARTICLES. Tbo court remarked that a man of any intelligence whatever could not read a newspaper article without forming an opinion of some sort, and in the case ot a talesman who said be had formed an opinion from newspaper reports that might require more or less evidence to ilfllncve, but he was of the opinion that ne could nevertheless try the.case on the law and the evidence, and that his opinion would readily yield to evidence, ihe court held that he was a competent jurymur and the defence took an exception aud peremptorily challenged the talesman in oider to get rid of him.

AN EXHIBITION OF ILL HUMOR. The examination wrs proceeded with got.d spirit, only one case of iil-nature developing. Mr. Richard J. Harris, a fine old gentleman irom Sugar Creek township, was being examined by Mr. S. C. Davis, who after the USUAI questions were auswered satisfactorily, ar-ked him it be was a boiseholder aud a freeholder. "I'm on that side." responded Mr. Harris, menning, of course, to say that he was. "What do you mean by that?" said Mr D&vis gruffly. "I own a house and farm in SugAr Creek township," said Mr. Harris meekly in explanation "Why didn't yoa answer me yes er no at the start f' demanded Mr. Davis.

Stop," said the court, addressing the attorney.

UWV11

TEEB TERR® HAUTE WEEKLY GAZETTE

excuse you," said Mr. Davis

turning on Mr. Harris fiercely. "All tight," responded Mr. Harris, *nd he put on his overscat and left the, court room.

HOW Tin LAWYERS WORK IT.

The defense didrfhe right thing in challenging that man," said Lawyer

sheriff read^0*10 T. Hoys, of Sullivan, who was a

over the IU, o, flf.y .peda. jur^a poened for the case aed as each mans ««i£g looks like a man of strong wiil and name was called he responded if he was present. There were but very fen of the tifty absent. The state's attorneys will vigorously op ose & continuance ot the case.

could be a valuable man for the state. "How is that asked a GAZETTE reporter. "Well, it is to tbe interest of tbe defense to get every positive man off of the Jury. The lawyers always look after that. They can generally tell by a man's looks what kind of a chap be is.

A JORY SEOEBED.

Late this afternoon the following jury was secured: Samuel T. Jones, Lewis Weeks, A. J. Hesu, Alex Rowar, Wm. Mo A.1 lister, Phillip Webster, Isaac Besucbamp, Edward labell, Geo. Sbaw, Lf. W. Davis, James M. Hunt and Rufus Carson.

The ease will caaae up Monday for trial. Frem MondavV, Dally. "Hew long will this case .«st?" asked Judge Mack in tbe Circuit Court this morning of tbe attorneys in tbe Humphreys muider case on trial belore Judge Alien aud a jury "Ten days," laconically replied Lawyer Nevitt of the prosecution.

There was a tedious wait for Juror Weeks, who lives at Pimento. All the other jurors were on hand promptly. Mr. Weeks cam® up on tbe train at 10:30 and then the proceedings began. All the seats were taken up with spectators and there was BO much disorder down at the door that the court ordered a bailiff to stand there and see that tbe door was not slammed by persons coming in. HUMPHREYS' SISTERS AND HIS FATHER.

Humphreys, with his two c:srs and his father from Pana, 111., sat together around the table with his lawy r?. Dr. Humphreys'father is a gray-bearded, trild-mannered man and 1b an esteemed citizen in the town where he lives. Once while Lawyer Sant Davis was stating his side of tho cafe to the jury and was telling them how the killing was the most Junlortunate event In his client's life, and

5

«,

Quiet Jim Carithers,

deceased, wa3 in his usnai place. He is one of the coolest men in the court room. 'Squire Hurst oaane in about the same time ihe absent juryman did. The 'Squire had on a white shirt with an immaculate front. He is takiog great interest in Humphreys' side «f the ease. It is said the little 'Squire ean chew up as much tobacco as any other man in N"evins township. He decided the law suit of Carithers against Humphrey?, out of which the killing grew.

STATING THE CAUSE OF THE STATE. Mr. David N. Taylor Btated to the jury what the prosecution expected to prove. He said tbe murder was "unpardonable, without palliation or excuse, reason or justification." He traced the events out of which occurrcd the killing and said tbe state admitted, for the purposes of the trial, all the material allegations con tained in the application of the defense for a continuance, the most important of the admissions being that Carithers' repu tation was that of a bad man. "But," said Mr. Taylor "tbe evidence will show to you that Humphreys did not regatd Carithers as a dangerous man and did not believe him to be so." He referred to the defendant as an "able-bodied muT and compared tbe deceased to child.

BBBTBICTTNO TUB LAWYERS."~VA4 Jadge McNutt called the court's attention to certain language used by Mr. Taylor with reference to the ease and asked that the words be taken down.

The court reminded the attorneys that in their opening statements they must only state what they expected to prove.

Continuing, Mr. Taylor cautioned tbe jury against laying down the daneerous rule that a man's lite might be taken away for the use of harsh words, and said they mu.st not be swerved from their duty to the people and to the etate bv sympathy. Mr. Taylor spoke about 45 minutes, and was highly complimented for his speech, which was to tho point and iheretore effective.

THE DEFENSE ASKS NO SYMPATHY, I The proceedings were stopped long cuough to let Judge Mack admit a young man from Indianapolis to the bar. Then Judge Allen took otf$ his overcoat and Mr. S. C. Davis began his statement of the cause o! the defense to the jury. Ii is a well-known fact that of all the lawyers at tbe bar Mr. Davis can always command attention, for the vigorous and concise way he has of putting things. He denied that it was any part of the defense's case to claim sympathy. They did not want sympathy and did not ask lor it. All they wanted waa their rights. Tbe defendant was standing on the law and on the avideuce and expected on those two things to be acquitted—the evidence as it was brought out on the trial and the law as it was laid down by the Supreme Court. At the proper time they expected the oourt to instruct the jury in support of their claim. Mr. Davis iaid Dr. Humphreys did just what every courageous man on the jury would do had hj bdtn plrtced in tbe same circumstances. They would show that Humphrey.* had evaded and hid from the deceased ior twenty.four hours to escape tbe trouble h6 expected by reason of Cambers' public threats against htm.

ADMITTED AWAY BY THE STATE. *!,± Mr. Davis said the state had conceded as a eolemn fact before this jury, in black and white,that the deceased was a dangerous, vicious aud quarrelsome man who habitually carried a revolver. Thn state's attorneys did this 60 they could hurry up the trial n^d get their names connected with a murder case. The court would tell the jury that the state could not be heard to show that Humphreys did not so regard the deceased.

The court would instruct the jury that the state eould not offer one word or syllable of evidence to contradict

that it might blight it forever in any back his hand to his hip pocket, saying event, a tear was seen to glisten in tnej at the same time ''If tnat'a your game" old man's eye. Both Dr. Humphreys' Humphreys then flred. They were then sisters are good-looking and wear bangs, about five feet apart. Humphreys had

brother

of the

VVH&t

tbey had admitted. They admit these things to be solid facts and as true as Holy Writ, without question or dispute, and it did not require any evidence or proof on ihe part of the defense to substantiate them. The state, so far as this case was concerned, might as well agree to a verdict of "not guilty" at the commencement of this trial, as tbey were but going through formality.

SKETCHING HUMPHREYS' CABBBB. Mr. Davis briefly sketched Humphreys' career. He said he was now 27 years old and was born and raised at Pana, IU., where his father now resides as one of its best citizens. He graduated at a medical school, obtained a dip.oma, and about three years ago opened out an office at Fontanet. It was the first trouble he hud ever gotten into during hiB life and tho event was the most unfortunate to him of oil other living persons. He never wronged anybody and always actcd the part of a square and honest man. Mr. Davis recited the admissions made by the state at eema length, an objection by Judge Shelton to his reading the affidavit for a continu ance at that stage ot the case being sustained by the court.

Mr. Davis finished at 12:80. Then co rt adjourned tor dinner. 1NTBOBUOTION OB XVMBNCB.

Court rearttmbltd at 2. Dr. B. F. Witty was put upon the stand. He lives at Fontanet. On the night of the killing Dr. Humphreys, Reason Lambert and himself were standing on a little bridge in Fontanet near Reason Lambert's borne. Carithers eame up and pused th.m. He was intoxicated. He went on a few eteps and then returned. Humphreys asked: "Are you going hom Lee?" This ho said in appar nt good humor. Carithers replied "No, not particular." Then thiy got to quarreling and they abused osa another. The lie passed. Carithers said: "Every stitch of clothes on your back I paid for." Humphreys saia it was a lie and he'd better take it bask. Carithers said he would send Humphreys over the road and the Doctor said if he went, Carithers would go too. Carithers went oLto Reason Lambert's porch, 17 feet away. He and Humphrey's still kept up the quarrel. Carithers called Humphreys a "son of a——" Humphreys Said: "Take that back or I'll kill you." Witness said that Humphreys had a revolver out as he spoke. Carrithers stepped around aad threw

$

the revolver out and ha 1 used the ex pression: "Take that back or I'll kill you" before Caritners put his hand back.

Mrs. Jane Yan Hook was thtn exam ned From Tuesday's Daily.

In the Humphreys murder case yesterday afternoon, after tho GAZETTE'S report ot the proceedings closed, Mrs. Jane Van Hook was called to the stand and related the manner of the killing on the Sth of February. She did not tell the story with any material variation Irom the preceding witness, Dr. Witty, who was present with Humphreys on the lit tie bridge at tbe time Carithers came up and the quarrel with Dr. Humphreys began. She said that when Carithers called Humphreys a vile name from Lambert's porch he started as though he was going to enter the house. After tbe shot was dred she heard Humphreys say that if that didn't do would give him another one

A youth nam«d Christopher Montgomery, aged 14, told substantially the same story with reference to the killing as tbe preceding witnesses. He said the deceased was searched in his presence and on him were found a knile, a rule, 14.05 in money and a plug of tobaoco.

James S. McGraanahan gave his version of the shooting, which differed in^no essential particular from the others.

BILL ABITHBB8 ON THB STAND. This morning tho state put Bill Carithersf brother of the deceased, on the stand. Bill has a nose of luminous proportions. He said Humphreys and himself had a conversation at Fontanet in the fall before the killing in which Hum pbreyB said that if Lee [meaning the deceased] "diun't keep his jaw off of him he'd up bim." Bill said he (old the doctor that Lee was no more than a child and to just slap him over, to which Humphreys responded '.hat ho wouldn't use bis hands on Lee, but he would cut his heait out. Bill waa severely crossexamined by S. C. Davis, who went after him a vigorous fashion. The witness said he didn't tell Lee or any one else about it before the killing. '•You didn't care very much about that time whether Lee's hea»t was cut or not, did you?" asked Mr. Davis sharply.

The court overruled the question. Sir. Da.is was supposed, by the remark, to have reference to the trouble that existed between tho Carithers brothers, who lawed around in the courts of this county for quite a while over their father's will. "Tnis conversation didn't seem to have much of an impiession on your mind. You didn't think it of sufficient importance to tell your brother that his heart was going to be cut out," said Mr. Davis inquiringly to the witness. "No," responded the witness "I didn't think tbe doctor would do auything oi he sort."

Weil, he told you he wasgoiBg to cut Lee's heart out, didn't he?" "res." "Didn'l you believe what he said?"

The witness said ne didn't pay much attention to the threat. »_ NOW OR THEN? F'S

Bill and Lawyer Davis got into a fearful dispute as to whether Bill was telling the truth on this trial or on the habeas corpus trial several months ago, with reference lo the time the alleged threat was made. It seems thit Bill said en the former trial that it was about a month before tbe killing, which occurred in February, and row he fixed the time ot it in the fall. There was a discrepancy somewhere, and Lawyer Davis was making heroic efforts jto ascertain from Bill where the shortage was. The witness stated he might have said on the former trial that it was a month before tke killing, but bis recoilcction was that it was the latter part of the fall or tbe early part of winter. Then Mr. Davis asked ihe court for the pocket knife that was found on Carithers' person just after the killing. On the other trial Bill said this knife was about two inches long and by wky of more strongly conveying tbe impression to the court that the kdiie was a tiny affair Bill illustrated it by holding up his finger and showing just how email it was. "Daea that look like a little pen knife two inches long?" asked llr. Davis displaying the knife t* the jury

The witness didn't remember exactly what he did swear to on the other trial. "Your daughter is Humphreys' wife, isn't she" asked Mr. Davis. "Yes," responded the witness asd he left the stand. WITTIBSS WOODS HAS A MISUNDBBSTAXD-

INS.

Robert Woods, a stout, able-bodied citizen oi Fontanet, testified to meeting Dr. Humphreys a short while after the shooting. The Doctor had a lantern in his hand. Humphreys asked hins how Lee was, and he said he was dead. Humphreys said a maa couldn't take everything. Woods said it was best for a man to take a good deal sometimes. Humphreys said it wonld learn them to keep their mouths shut. The witness accompanied the Doctor te

'Squire Hurst's house and wanted to give himself up, but the 'Squire said it woald be better tor Humphreys to tak« tbe morning tram for Terre Haut* and give himself up to the officers there. During the witness' examination Mr. Davis interpreted the witness as saying something which the witness said he didn't say. Mr. Davis said he understood him to say it. The witness made some reply that was not distinctly heard at the pi ess table. Then Mr. Davis sharply asked the witness it he anew what he [Davis] understood him to say and if he meant to say that he didu't so understand hiai. The court rapped for order aid Witness Woods vacated the seat. 7' hi

JIM CAHITHBR8 ON THB STAND. Quiet Jim Carithers, another brother of the deceased, was next put on the stand. He was asked by Judge Shelton: "What was the physical condition of Leander Carithers at tbe time of his death

The defense objected strenuously to this questii beinx answered, maintaining that the state had already admitted thst the dsoeased was a bad and a dangerous man and the question was put in

%h,§®iaai

order to indirectly disprove that faat The court said that although the da. ceased might have been a danger*as maa he might physically have been a power. He thought the (.oestion was a proper one.

Mr. Caritbers said his brother Lee was rippled in one shoulder and eouldn'k work to amount to anything. He was a small man and weighed about 14§ pounds at lhi time of the killing.

Tbe defense were given an exeeptioa to the iu line ot tbs court on this point. On cross examination it was brought out that the deceased occasionally hauled?, ^'1 props for the coal mine.

Dli. MOORBHBAD'S TBSTtMOBT. Dr. T. W. Moorehead testified that the Coroner called on him to hold a poet-, mortem examination on the deceased gBd--:-on the following morning be went vp to-'' Fontanet tor that purpose. He found th«fe®§ body in a saloon, and he made the pest- s. mortem. He explained to the juiy the? course the bullet look. He said death was! instantaneous. On cross-examination Mr. Davis asked that the doctor use bim for a $ subject in illustrating where the ball entered, which the doctor did, shewing that the bullet entered on the left side. Mr. Davis theawked him, putting his right hand back on bis hip pocket and turning around, if the course the bullet took did not seem to indicate thai that might be the position of the deceased at the time the shot was flred. Dr. Moorkead answered that it dyl. This was an important pltoe of evidence for the dafens*. .f

TKieran

At 10:10 Judge Bheltoa saM State rests, your Honor." Tbe jury wes then discharged under he custody of their bailiff until 2 r. M. in the meantime tbe attorneys addressed audge Allen on them ion of the state to trike out certain parts of the defense's

1

admitted-to-be-true" affidavit as immaterial and irrelevant. Humphreys benevolent looking father and his two good-looking sisters were in court again to-day. The Jury is not allowed to separale and last night slept at tho National House. Counsellor Hurst, who is

Oeing

assisted in the de

fense by Lawyers McNutt and Davis,

takes a very roseate view of the outcome of the case. From Wedttwdars SaHy.-• .v .).

In the Humphreys murder trial yes terday afternoon Dr. Humphreys, his father and hi3 two sisters testified. Dr. Humphreys told his story of the killing, and his lather and two sisters swore that the doctor's reputation for pea:e was good.# Justice Kelley of Nevins township also swore that the doctor's reputation bad never been called into question up where he lived. There is no doubt that the presence in court of the doctor's father and sisters, who are of diguifled and very resectable appearance* will arouse some sympathy in the defendant's behalf. While the elder Humphreys waa on the stand the daughters wept copiously. The eldest is 22 and the other 19.

HUMPHREYS TAKES THB STAND,

Dr. Humphreys told the jury about the trouble the deceased and himself bad over the law-snit how he went to Hoffman's to see a sick child and was met by Caritbers who opened out on him by calling him a thief," a "perjured and like epithets that Carithcra earned abase ball bat, and that Hoffman, fearing trouble, took the bit away from him and pnt it away that Lee tried to get it again that Lee pulled out a knite and held it behind his back that they met on a little bridge and Lee again opened on him by abusing him and telling him that every stitch on his back he [Carithers] had paid for. The doctor said in relation to the killing, that Carithers threw his hand back oa his hip pocket and that then he [Humphreys] fired. On this point the dootor's testimony differs from the other witnesses.

SWEABINA TO HI8 0OOD BBPUTATION. This morning several witnesses from* Pana, 111., and Nevins township were introduced and testified that Dr. Humphreys was alw ys regarded as a quiet, peaceable citizen. Peter Hoffman and his wife testified to Carithers' threatening attitude towaid Humphreys at their house. James Gibson, of Nevina township, swore that Carithers on the day of the killing told him be was going to shoot Humphreys. Michael Murphy testified to the row at Hoffman's just previous to the killing. He said Carithers tried to get hold of the base ball bat and that he held an open knife be* hind him. He said the two men moved up toward one another during the row. "Who moved first?" asked Judge Shelton. "Well," said the witness "it was al out this way: Suppose you and I were quarreling. I would call yoa a liar and you would advance toward me. Then you would call me a liar aad 1 would aavance toward you."

This novel illustration threw the spec-, tators into laughter. The defense objected to the state asking questions of the witness that had not been touched upon in the examination in chief. Tbe question was debated at some length. Finally the eeart deeided the question was improper. "Does the eeart intend to lay down a rale like this," inquired Mr. H. O. Nevitt of the court. "I intend to lay down the rule that I have just laid down," replied 'the oourt with considerable vigor.

THB DEFENSE BESTS. ,'A

The defense introduced more testimony this afternoon to show hat Humphreys' reputation was good and at. 3:80 p. M. closed its case. The state then began rebuttal, offering to prove that previous to tbe killing tbe doctor said he oould kill a man in this eounty and for $300 get tree. This led to a long argument by counsel. j! £T

ONE copy each of the Weekly GAZETTE of September 4th and October 4tbf 1884, are wanted and 20 cents each will be paid for the first to arrive at this office. Don't send by mail.

For over a quarter of a century physicians have prescribed Nichols Bark and Iron as a reliable and valuable remedy for dyspepsia and general debility.

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