The Tipton Advocate from Tipton, Indiana • Page 7

I. W. PER8HM6. EDITOR. TUTOR.

IHDIAIA. FEILUT. MAT 17,1895. The Literary and Suffrage Club The Tipton Literary and Suffrage club met if the office of Seright, Clark Miner, last Monday night and after a short program and the election of officers, they enjoyed a a new feature that was introduced; last year. Miss Digna Haas gave a review of the history ol the club and Mrs.

G. H. Gifford read a paper on the future of the club. The papers were very interesting and all enjoyed them. The following officers were elected for the year 1895 90: President.

Mrs. Dr. Read. First Vice- President M. Pershing.

Second Vice-President. Dr. Dickey. Secretary, Miss Digne Haas. Corresponding Secretary.

Mrs. Dr. Huron. Treasurer, Miss Anna Wilson. Thu committee on program reported and while not completed, it is looked upon as a good program and one that will be of great interest.

It is prin- cipallv historical and begins with the discovery of America and ends with the present with all the historical features of our country. After the program was completed coffee, sand- witches, cake and icecream were served. The evening closed by a toast given by Mrs. Dr. Read and responded to by G.

H. Gifford. There were a number of impromptu toasts and responses. The year just closed the club is popular as ever. urraduatinur Exercises.

The Tipton High school will hold their Thirteenth commencement exercises on Thursday May 28. at 1:30 o'clock p. at the Kleyla theatre. Baccalaureate services on the previous Sunday evening, by KPV. 1 H.

Kuhn, and a lecture on "A Plea fur Higher Education," by Joseph Swain, evening of Thursday. The following is the program: Invocation Kov. D. C. Wnolpcrt.

D. D. 'Feudalism Clyde Raymond Porter. Walls Must Get i lie Weather i-tsin before ThevGiwv tin- Ivy K. Eleanor Clark.

The Dc-vcloi'iwi'iit ol -Ory Foster. The Future lullwMiccor Joseph E. nooth. MUSIC. Tlit- Ethics of Poeiuli.ni Fred V.

Overman. Leijul and Political of Citizens; Louis Hans. Aratrica's Miision. Ijm-ah Gen rude Klcctlve Education Frank H. Gifford.

The Industrial Future ol Woman Daisy Pauline Whillllf-'cr. The Federation el" lie World Charley W. WinOcld. ML'SU 1 I're-entalion of Diplomas of School Hoard. PLEA ffl ABATEMENT.

The Tally Sheet Forgery case Before the Court of Justice. A Plea in Abatement Filed by lion, roe Hoover. The Case Argued Last Monday Morning Before Judge Kirhpatrich. got through on Monday and the lttorm WJ1 Judge took it under advisement and int. or his attpi on Wednesday morning he returned his decision.

He held the first paragraph good, as R. B. Beauchamp admitted in his argument. It is good for the! reason that if the Clerk and Sheriff! did commit a fraud, knowingly and purposely, the indictment should'be quashed. As to the second paragraph, the Judge held; that it was not good and he sustained the demurrer.

The following is a brief of the judge's ruling: The Judge Holds First Paragraph Good, but Over Rules the Second. rllndiana Decision of the MLHoover. Demurrer. Court on Monroe Hoover Takes a change of Venue From the Judge. The Tally Sheet Forgerers and the Peanut Gang Becoming Desperate.

Stute of (Indiana vs Jacob ML The defendant flies his plea in abatement, in two imrijmiphs. The flrst paragraph charges the Clerk 4ind Sheriff with wronglully and corruptly causing John to he placed upon the grand jury instead of John M. Lee. Thlspara- the (rraitd jury, are guilty of fraud or corrup- Ben edkt ion Kcv. Isaac Thomas.

That Great Water Well. Last Monday, the Pete McArdle in shutting down the great Ekin well. For weeks it has been fioi'ing water at a wonderful rate and the country around was flooded. A man's orchard, near by was entirely ruined and the ground for a great distance thoroughly soaked. They succeeded in getting the water shut off aud immediately natural gas began to show itself in great quantities.

It is believed by experienced men that it is one of the strongest gas wells in the state and that Ekin will be well supplied. They think that they will not be troubled with water anv more. Dr. Horace G. Evans.

We are glad to note that our old friend and well known citizen. Dr. H. G. Evans has decided to again locate in Tipton.

He was at one time with Dr. Newcomer and was well and favorably known. He has formed a partnership with Dr. Racobs and will.be to go into the practice within the next few weeks. There will be no doubt that he will at once grow into popular favor for he is a good physician and his acquaintanceship extends to all parts of the countv.

For a long time, the peanut gang undertook to laugh down the tally sheet forgery case, and then they attempted 3O frighten the State and bulldoze the prosecution. They attempted several bluff games, but as time progressed and court convened, then the cold facts appeared before them that they must come before the bar of justice. The attorneys for Hoover attempted to stir up a great mare's nest by charging that there was fraud practiced by Clerk Fielding and Sheriff and filed an affidavit making serious charges. In their speeches, before the Judge, charges were made, that a if newspaper was to do the same thing, civil and criminal suits would be brought against it. It is certain that Monroe Hoover never read the affidavits, for he knew that they were false.

Judge Kirkpatrick took the plea under advisemeat and after a days deliberation, oa Wednesday morning, he held that the first para graph was good, but over ruled the second one. As to the first para- giaph, R. B. Beauchamp. beld tbat it was good and so told the court.

The reason that Beauchamp said that it was good, was, because, if they couid prove their charges true, the indictment should be quashed, but the question at once presents can they prove it? No, sir, they cannot. 'As soon as the Judge reu- dered his decision, the defeadants attorneys got mad. They began to froth and make insinuating remarks. After dinner, they filed an affidavit to take the case away from Judge Kirkpatrick and venue it to some other Judge. Judge Stephenson, of Noblesville, was at once selected.

The peanut gang are red hot at Judge Kirkpatrick. They have acted all along as though they owned him, soul and body, and that because he was a Democrat and that the peanut gang were Democrats, that he would do their bidding and rule as they dictated, law or no law. The Judge stood aloof from the gang as well as all other influences, and rendered his decision according to law and justice, for which be has won the respect of every law abid- iny; citizen and the contempt of the peanut gang. Itplaces him in a very unpleasant position, but true manhood will assert itself and Judge- Kirkpatrick will winthe-friendshipof tion! It would vitiate the proceeding ot the grand jury. Tlie second paragraph does not rely upon fraud ori corrupt Ion of said officers.

It avers hat the: name of John M. Lcc. a free-holder and 1 house holder was duly drawn from the the iJiirj- hox. That the Clerk entered upon the order book the name of John W. Lee.

instead oflJohn M. Lee. Tha4 said Clerk, on the Zftlvdsyi of January. issued the venire, writing the name John That on the day of January, he issued another venire, wherieln'he wrote the name of John W. Lee.

thill tliejSuerilT served John I.ce*. It is averred that! no such person John W. Lee resided iu Ti'pton county. It is further averred that the grand jury (was empanneled Feh. 4.

at which tlinc John M. Lee was present and ready andwiTllni.Mo serve. further averred that said John Loe. WHS not at the time, a free holder of the county, neither was nis mine upon the tax duplicate, of said county for the current year, neither was lie a householder of the said count, for the reason that he lived jwiih his wife who wss the owner of the iiouseand that they lived In and that JoUa Lee. provided no part ol the living and contributed nothing to ner support and owned no property or money of any value, and was unable to work or earn money, and that John M.ILoe was a ditl'erent person from John W.

Lee. follows a number of references to decisions covering such cases.I I think under these and decisions tint John l.ee was a householder under the facts avc-rrcil in the plea. The demurrer is therefore over ruled as to the first paragraph und sustained as to the second. As soon as this ruling was the attorneys for Hoover got mad.They tried to raise considerable cain, but they were met on every proposition and things quieted down. The awful fact that a trial was eminent now began to dawn upon them.

They saw tbat the case was about to goto trial. Thev discovered that because Judge Kirkpatrick was a Democrat, that they didn't own him and that he could abide by the law and render a decision accordingly. They jheid another consultation. There was considerable running too and" fro. They met and after a while they with an affidavit chargibg that Judge Kirkpatrick was prejudiced and that he not do 'justice by the dcfen- lant.

The following is a full copy of the affidavits: State ofiIndiana. Tipton County. SS: In thcjTipton Circuit Court, April term, State of Indiana vs Jiicob II. tents and nature of the ruling the court upon said iiiuiter, mull was delivered in open court, ujjon ing of May 15, and had no iuj from the Judge, or fiom unvoting whatever to wnat the ruling or of the court would be in the suid m. J.

B. B. SEAL Subscribed and sworn to liefore day ol May, IMkV A T. I Clerk of the Tiptou Cii These counter affidavits i another commotion acd su and effectually sets at charges that any consultatio conversations were had by the attorneys with the Judge. Tb fence then wanted to add an tiooal paragraph but Judge Ste son overruled it and then some affidavits were filed and the tri; dered to proceed.

The folio persons compose the jury in the in abatement: Raph Charles, Schulenborg, F. C. Blount. Tho Jordan, Arch Woods. John baugh.

Jerry Ressler, Robert G. W. Cross, H. B. Cole and Rob Picken.

As we go to press the aminatiou of witnesses is in rot res' all good men. The peanut gang is rattled. The The Fleener Boys. Last Monday. Ike Booth look John and Frank Fleener to the Soldiers' and Sailors' Orphans' Home, at Knightstown, where they secured admittance and it is expected that they will remain there until are growB.

The boys' didn't want to go, but they finally gave it up and went quietly and peacibly. At this home they will be properly cared for and educated and if they will avail themselves of the opportunity, tbey may come out good and useful men. Puutenney has been promoted from the war department in gang can be seen going to and from the Times office. They hold hurried consultations. They curse and swear and circulate all kinds of stories.

Thev have supoonied about fifty wit nesses in the plea in abatement case and are making desperate efforts to create some kind of a feeling to overcome the charge of forging the tally sheet. Some of them who know more about it than tnev will tell, stay about the court room and eagerly 'watch every step taken. Tbey sometimes look serious aud at other times, try to appear satisfied with the situation. has there been a case in the Tipton Circuit court where interested parties were so anxious to keep track of every motion, every ward and every act. While their names are nut publicly associated with the forgery, yet tbey Washington to an important position are as deeply interested as the one in the treasury department, at an in- who is resting under the indictment, creased salary.

Cad went to Wash-J Wei! they m'ay be concerned, for the ington and took a $900 position, but be proved to be a man of exceptional qualifications and he has several times been promoted and now be is transferred to a higher and more important place. These Tiptou boys are coming te the frout. Alma Thompson. May Shellenbarger and Cora Pershing went to Atlanta, last Sunday morning on their wheels and took breakfast at the Koads hotel and came home in time to go to church. that commencement exercises take place next Thursday.

The class exercise will take place in the afternoon and the lecture ia tV evening. Admissiou to either, 15 cents. Dr. Woolpert will deliver a sermon to the Knights of Labor at the Main Street M. E.

church. Jhwday moraiag. laboring fata ia the city should two out Hear it. end is not yet. The plea prefers serious charges against the Clerk and' Sherift, but they will find a deal of.

a time in proving" it. The following is a brief of the plea in abatement: 1st the jury commissioners drew the names of John M. Lee and not Johe Lee or John W. Lee. aud that Clerk fielding wrongfully, falsely and corruptly entered the name of John Lee.

Instead of John M. Lee. Tbat the Clerk knowingly, wrongfully and -r ruptly Issued another veaire tor Johe W. Lee, and there being BO John W. Lee In the county.

Sheriff Bamael White wrongfully and corruptly served John Lee. who was not John Lee That the saM John M. Lee was present and was ready and willing to be served, but the Sheriff wrongfully, falsely and corruptly served John Lee 2nd said Clerk Fieldlm enteredupon the order book a 1 the ol astd persons drawn except John That the name of John Lee and John W. Lee were Inserted and that John was served. That tbesaklJobaLee a tree bolder nor a boueenolaer.nor cittern old and weak In M.

Hoove says that he I ntitlcdicuuseund tl nd lmpiirtialtriiil tl bin Lex. J. Kirkpa Circuit Court, tor tin Oh account of the I T. heinir sworn on his is thedefendunt In the ahovc vhicli bins and prt iiititttiis date, nud at lie cannot have a fair ereof before the Honoi- irlck. Judge of the Tipton following reasons to-wit: und prejudice of, said Tudac against the defendant and his defense.

judice this affiant says exists ard which fact was not known to alnant discovered from an1 the hcisjand rulings 01 the court in this cause the courts been in consului- ioii with llif state's uttqrncysas to his rulings this ciiuse In the! cleiencc of defendant or Isfendalnt's attorneys, as alliant believes. (Subscribed and sworn to bv) i JACOB M. HOOVER. This shows that the attorneys for the defendant are becoming desperate. It is an unjust and provoking insinuation on the Judge.

It means that they had noj use for him unless lie (sustained their plea, law or no It shows that they are hunting Forja man that niight believe some of the things that they swear' to. The affidavit contains such base reflections upon the hpuor, honesty and integrity of Judge Kirkpatrick, that counter affidavits were filed, which sets ai naught the desperate action of thej John Ingalls, the stenographer mjakes the following affidavit: State ot Indiana, Ti p't on Con nty. SS: lul the Tipton Circuit Court, April Terni.lMG. Suite ot 1 ndiaua vs Jiacob M. Heovcr.

Comes now Jobn I niseis, and first being duly sworn, upon his oath', says that he is the Court Keporu-r for the Tipton Circuit Court, and upbn the afternoon of Tuesday. May 14, 1395! and immediately after the luljouroinent of court that Judge Lex. J. Kirkpatrick. in the Judge's office, iu thecoiirtbouse in the city of Tiptan dictated his opinion upon the demurrer to the plea In abatement, in the above entitled cause, and that affiant took the same down IB short-hand.

That the same was fully dictated andiso taken down before either said Judge, or this affiant, let said court house for supper, which was at about half past six o'clock of said afternoon. I Tbat this affiant did not see. or have any communication withl or front said Judge until after he had any communication with, or from said Judge until alter be had fully written opinion on the type-writer: which was completed and handed to i said Judge about clock Wednesday mornmg.May 16 ton. That i his affiant heard said opinion delivered jby said Judge lit open court upon said morning, and that there hid been no addl- tiou ot authorlty orlauthorities or argument or change In the eplnion made by said Judge. In any wise affecting said opinion after the same left the hands of the amaut.

II': JOHNINGELS. Subscribed and swbrn to betore me this the IStUdayof May. 1KB. A. T.

F1BLDING, Clerk of the Tipton Circuit Court. This affidavit is certainly strong enough to vindicate the Judge, but thearjpiment was prolonged and every jpeh They to everlastingly clinch it and put the lielto every allejration in the Hoover the State's attorneys make the following sworn statement: i Indians, Til ton County. SS: lothe Tipton Circi lltCoart, April State o( Indiana i. OHWI now Jam.sin. Hmltu, Robert B.

Bet ml amp and Job a P. Kemp, and each upon for hlnuein after affiants an That affiants fact the gr" ties, a reach the competitiv is a questi By the com strong Tipten county Peeping Albert. On Thursday evening of last a man was seen to be peeping in the windows of the residence of V. Banta and then crawl in under the house. He did this several times and Officer Bowlin was sent for and ne and Ike Booth captured the man.

Bowlin flashed his dark lantern onto the man and he attempted to get away but run right into the muzzle of a shot gun held by Booth. He was taken to jail and the next morning Mayor Nash released him after giving him a severe repremand. The man was about 25 years of age and his name is Albert Woods, a son of Arch Woods, who formerly lived in the southern part of this township. Albert is a harmless fellow, with very poor health and his misfortunes has weakened bis mind and body. For some time he'has been sleeping about the brick yards and claimed.

tbat he crawled under this house for I we are 000 over and bondsmen and in 1 we los dollars more, expenditures tbat- we spoken of, together wit are paying on the night. For some tim he has been trying to get his friends to join church and often argued religion with his friends, showing that his mind was in an unsettled condition. He promised to leave town and expects to make Kokomohis home. The Eudaly Acquittal. The jury in the Eudaly case came in last Saturday morning, after being out all night, with a verdict of acquittal, and Amos Eudaly was again a free rran after being confined in jail since about the middle of last January.

In this case, the state went before the bar without a cliant, without a prosecuting witness and without a friend who took any special interest in the case. The jury hardly felt justified in convicting him, as it was shown tbat the child did not die for at least twenty days after he had bidden it in the barn. The readers are sufficiently well acquainted with thecase without a rehersal now. While he is now a free man, yet the fact remains that his daughter did birth to an illegitimate child and he did on the same night of its Birth, a cold and blustc-ry night, take it a distance of about twenty miles and lay it away in a barn, it could not be proven that it Idled from It out 0 it id believed that he is the father of his iaugbter's illegitimate child, though, a brother and son is charged with it and he is now a refugee in unknown- lands. exposure or neglect, during the trial, that Publishing Court Pioceed.in«s It is all right and proper for newspapers to publish court proceedings, and even publish the testimony as the trial is in progress, but it is all wrong to publish the proceedings favorable for one side and against the other.

During the present term of you could easily tread the purposes of the publishing of certain things while other matters were sup Far instance, in case the udge would rule on a law point favorable for one attorney, the paper would favorably comment on it, but if the ruling was to the other side, the paper would not say a word about it. partiality is so plaia that aaybody could see it and it is all wrong. The ADVOCATK aims to be fair and treat all attorneys equally and not try to prejudice a law case one way or the oiher. Some men get mad and when mad they carry their enmity into personal affairs. This is the case i with some newspaper men and the peoplenotice it.

i taxed heavily all this we voting of a tax anyways near the. investment, 31st, the people of Cicero and cat townships will be called upoi vote ''yes" or "rio' en 1 the sum" of $80.500 to aid in struction of the proposed Indiana Central railroad. Beford up our minds as to what we should do, Irt us investigate the matter a little Will the investment pay! a fair return to the taxpayers? Lets Take the sum of $30,500 -and invest it at, say. six per "cent. It would yield an income of S4.SSO a year.

Now can you in any way figure that the road will be of that much value to the: taxpayers of Cicero Sand Wildcat townships? In what It will not fifth jof six per cent in taxes, and the facilities in shipping and freight rates will not near up the differtnce, therefore we cuonot see wherein there is'enough profit to the people to justify the investment. We now have good shipping facilities. We have three railroads in the county, that affords us direct communication to "-the four quarters of the nation and we regard anjother rail road a. poor investment on the amount asked for. Besides, these are not the most prosperous times.

These are times whenjvalies have a downward tendency. Prices of farm not what thiy used to be, nor will it be until we have a return to the McKinley of home protection. Just at the present time, and under present conditions, we are opposed to voting money out of the pockets of the people that does tot promise a sufficient returr -to jus ify the investment. Great eiterprises, like the building of railroads must be subsidised. They must receive help from the people, but wbenj tbr people are called upon to offer -this aid, must be a guarantee that they shall receive a reward for their investment.

The city, township and county, is now heavily bur lened with taxation. They havelabout all they duly sworn, the sole attorneys for the Indiana. In he above entitled cause, and for further for himself says that the charge In' Idetendan M. Bled boreln. lL -Teiuifiom toe court, jo the the Judge Uwreof tbe State's i.

as war. Fell From Hie Wacen. Last Saturday, Cal Brunson cane to town, and as is his custom he got full of joyful oil and IB the evening be started home and drove! bis horses as fast as be could: When a short distance out of town, bis horses got out the: road and Brunson was thrown out and falling into a wire fence, he received a number of cuts and scratches. The horses became somewhat mixed up, but persons near by dame aad helped them out pf their dilema. i jj aSenoe water works reservoir is about coapletfid and: soon we will have abundance of water ia ewe pfafire.

They wllVfit and plaoe a fountain in the; eniter of it. should be called upon to the next several years and do not wish to dictate! wb: Jo, we believe it to be to the best interest of all taxpayers to vote against it. You have a carry for while: we you shall couple of week! yet to think.about it and -you should jbte to promote the interests of the fuiblic welfare, and we believe that it the present time that it is to the interest of the public "welfare to vote against the subsidy. The AD VOCATB always wishes to si and on the side of the people and this in glance, we'believe that we voice the sentiment of a large majority of the perpie'that just at this lime, we do not believe tbat we wisl any additional tax burdei upon us. Vote jagainst the have been nippiog things pretty lively since last Then was a remarkable the eather and for toe li week, it has teem like winter are a MicipeteeVaad if irticularty I hi willbesborVaailatB.

to impose Saturday, change ia llore tkseaeupi the OryY got in his com! and put ground as the corn how itself, the cuV )lay havoc with it. lown hundreds of ac ields are ruined and eplanted. Wheat is in a very un- lealthy condition and less than a talf crop is now expected. Many armers have plowed up their wheat nd olanted it in corn to have it cut ow'n by the worms. The outlook or the farmer, is not very-flattering ust at the present time.

Owing to his condition of prospects, we advi-e everybody to vote against the railroad tax. Those Examination Papers. County Superintendent Pence has he papers were tampered with George Wood under lock and key aad he will allow no one to see them. 3e also locks the book case doors and will keep a close eye on examination papers in the hereafter. There are no new developments and facts remain as about last week.

There are some rumors floating, but we do not place much confidence in them. The facts that the papers were chaaged and that George Wood confessed to changing tbem is bad mough without circulating stories that have DO foundation. The whole thing will be judicially investigated and Mr. Wood nay have an opportunity to appear before the Judge and make another confession. Marriage of Kre.

Dr. Barker The friends of Mrs. Dr. Barker will be surprised to learn, of ier marriage, though some have. Men expecting it.

She was married to C. A. Bush. May 9, at his residence, 405 Cherry street, Jamestown, New York. The ceremony was performed by Rev.

W. L. Hvde and A. A. Bush, of Clean, N.

Mrs. Barker is well known in this city and but recently moved to Day- Ohio. She is an estimable woman and we wish her and husband, long, happy and useful Jives. declamation contest in the; city public schools will take place next Wednesday evening at the'-; Kleyla opera There will be $12-in cash prizes awarded and sixteen pupils selected from the Aa admission a will cents will be charted, and the coeds will be used ia supplementary reading All who attead the ly grt tfce worth.