The Huntington Herald from Huntington, Indiana • Page 1

.1 Jr. ALL THE NEWS IOC. A WEEK WEATHER FORECAST A. Fair tonight and Sunday. Slightly cooler tonight Ml Twenty Second Year.

HUNTINGTON. INDIANA, SATURDAY. JANUARY 27. 1906. NO.

24. IS FREE Judge Jranyin Refused to Admit State's Evidence. MERITS NOT CONSIDERED State Offers to Dismiss When Judge Shuts Out Evidence, But He Orders Acquittal. At 11 o'clock this morning the state in the case against James Dumbauld moved for a dismissal. The defense asked for a verdict of acquit tal, and Judge Branyan so directed, The action was the result of a ruling brought about by the state endeavor ing to put witnesses on in order to re but the testimony of "Friday" Roush and James B.

Dumbauld. A host of them had been summoned, all pre pared to testify that on the dayTJum bauld swore Anderson was drunk they had met the major and that he was sober. The court ruled that this was not rebuttal, but should have been brought up In the state's main case. Of course this decision knock' ed the state out Had Judge Branyan admitted "evidence as freely as he usually does, there would have been no question about this. proceedings in the case up to tills point were about as follows: Taking up the report of the evi dence in the case of State vs.

Dum 1 bauld, charged with criminal libel against Major Anderson, where the renort last night left off, Andrew Wire continued his testimony. Mr. Wire, after testifying that Major Anderson was sober when in Warren, was asked If he had declared otherwise in the presence of John Gordon and Frank Glass. The state by John Branyan objected. The court overruled the but stated" that the defense could not im peach its own witness.

Mr. Wire de clared he had no such conversation. John E. Gorden was called and swore Andrew Wire had held a conversation with Gorden and had said Major Anderson was in Warren "loaded for bear," during September. Strong objection was made by the Btate through Mr.

Lucas to the attempt to impeach Mr. Wire, it being stated that this was done solely to influence the Jury and not to bring into the case the truth. The court overruled the objection. Andrew Wire was recalled by the state after a few minutes of recess. He had talked with defendant prior to being subpoenaed by him.

He informed Mr. Dumbauld that he had never in his life seen Major Anderson intoxicated. John Branyan" moved to strike out John E. Gorden's testimony, which motion the court sustained. The Warren witnesses asked thot their testimony be heard tonight, that they might get home.

Both sides ob Jected. John M. Roush (Friday Roush) of Warren testified that he had seen Major Anderson in Warren in the latter part of September, and that the major came out of the of the bote) and steadied bimself, then sat down. by the side of witness and talked. Witness said his face was badly flushed and that his breath indicated that be had been "drinking whisky or eating something" amounting to the same.

He did not notice anything wrong in Anderson's language. Witness's impression was that Anderson was under the, influence liquor. He saw the major in Warren two or three times in the summer, but had not talked to him as the major On cross examination witness admitted Anderson talked in a coherent manner, but insisted his breath smelled of whisky or something he had eaten. In reply to a direct question as to whether the major was drunk, the witness sidestepped, but finally said, after the court directed him' to answer, that he Vould "have to call it drunk." Milton Hubartt of Clear Creek township took the stand. He was asked if he had ever seen Major Anderson in the Oak saloon drinking within the last two years.

Objection was made and overruled. He said he had seen him about "corn planting time." 1 On a motion to strike out the refused stating that Anderson had "branded everybody in the coin munlty as perjurers." was asked If he bad seen Major Anderson DUMBAULD drunk, but Judge Branyan sustained an objection and the witness was excused. Henry Schwob of South Jefferson street testified as to his name and where he lived. He said he was in Llpinsky's saloon, and thafc was as far as he got. The state's objection stopped anything more.

Dumbauld Examined. The star i witness of the day was James B. Dumbauld, the defendant who swore he bad known Anderson for twenty years. Right here Fred France tried to bring in a lot of stuff concerning the city campaign. Ob jection was made, and the court over ruled the objection.

Mr Dumbauld was permitted to say he knew Anderson was a candidate for mayor and that he claimed to have stopped drinking. Dumbauld drove to Warren from Markle a travelling man on a day in September. He had not been able to learn the name of this travelling man. In replyto a ques tion, witness said first he was ac companled "by a man of the name of and suddenly checked himself and said he did not know the man's name. The check was so marked that those observing thought he knew the name, He had met Major Anderson return ing from Warren.

The major made no attempt to turn out; his horse was walking, and Dumbauld turned out to pass him. The major was on the right side of the buggy. When the horses' heads were opposite each other the major' was aroused by the trotting of Dumbauld's horse and lurched to the other 6ide in an effort to straighten up. The major's faee was flushed, and he did not respond to Dumbauld's salutation. Mr.

Dum bauld was not permitted to tell what this "great unknown" travelling man said to him. He stated, over objec tion, that he thought the major was drunk. The court made some remark able statements here. He stated that no man ought to be convicted of any crime who did not show malice. Mr, Lucas objected to the judge arguing the case.

The witness declared he had no malice. The judge declared he could have no malice and that Dumbauld ought to have every chance to clear himself. If be had no malice he ought not to be convicted. Major Kenner again urged that. Judge Bran yan ought not to argue the case, and made quite a statement the proof of malice.

The judge replied to him, and the witness again declared he had no ill will toward An derson. Mr. Kenner declared wit ness "loved" Anderson, and the crowd laughed. On cross examination by John S. Branyan Dumbauld declared he had tried to find this traveling man; that the day was fair and dusty; and that he did not know, the color of Ander son's horse and that the reins were held in one hand and were lax.

The witness said the trotting of his borse aroused Anderson before the horses met He had since seen the major, but made no effort to find whether the major was drunk or sleeping. He knew Anderson was a candidate when he wrote and signed this article in the law office of Bowers Feigbtner. He declared he did not know exactly what it was to be used for, but under severe questioning he finally admitted he knew it was to be used to injure Anderson, and he admitted writing it for that purpose. On re direct examination Dumbauld said at the time the article was writ ten he thought it was true and still thinks so. On re cross examination the witness was compelled again to admit he never went to Anderson to find whether he really was drunk, or to any one else except Fred Bowers.

The witness said he had gone to Mr. Bowers to see if the major was drunk or sober when he met bim in the country. Trouble With Kenner. The court did not permit Dumbauld to tell what else he did. The state objected to the court arguing the case.

The judge resented any such talk. Major Kenner replied pretty sharply. The court ordered him to sit down. The counsel refused. The judge directed the bailiff to act, and spectators, were permitted to see James B.

Kenner, one of the oldest lawyers of Huntington, forced into his seat by the court bailiff. Mr. Kenner got to his feet in a heat of indignation and told the bailiff be would "knock his mnedblock off." The court was visibly and promptly fined the lawyer $10 and ordered him committed until the fine was paid. Mr, Kenner demanded to be heardf The Judge would hear him only to make an apology, which was not forthcom (Continued on page 4.) FROM DETROIT Makes Trip. Oyer Local Line for Inspection.

RESULT OF A MERGER Denial Made of Removal of Car Barn Importance From This City. Following the merger of all traction interests in Ohio, Indiana, eastern Pennsylvania and southern Michi gan into the Central Electric Railway association, such being effected at the traction meeting held at Dayton, Ohio, Thursday, it was announced this morning that a through limited pas senger service is contemplated between Detroit, and Indianapolis and Huntington will be on the main line. Such information was given to a Herald reporter this morning by R. G. DeLisle of Toledo, soliciting passenger and freight agent of the Detroit, Monroe Toledo Short Line railway.

Mr. DeLisle was one of a party of officials who passed through the city this morning in a private car of the Michigan line. Members of the party were Matthew Slush, the president; A. J. Roby and Clarence Black, all traction magnates living in Detroit.

President Interviewed. Mr. DeLIs'le said: "We left Detroit last Wednesday and attended the Dayton meeting Thursday and. from there went to Indianapolis. We spent Friday night at Richmond.

The object of this trip is prospective of installing a limited service between Detroit and Indianapolis. We have noted the general conditions en route in view of such a gigantic undertaking and are happy to say matters look very the improvements to the Fort Wayne Wabash Valley will materially aid In furthering this project. I understand from the road's officials that the limited service be tween Fort Wayne and Indianapolis will be. installed early in February. They have a fine road and the service snould prove popular.

Between De troit and Toledo we have a line double tracked, equipment of the lat est improved designs and a road bed finely ballasted with stone. Our lim ited service now in operation between those points runs in'two hours. It is planned to extend this excellent service and all lines are heartily co operating in this idea from Toledo, over proper connections, to Lima, thence to Fort Wayne over that new road and on to Indianapolis over the Fort Wayne Wabash Valley to Peru and down over the Union Traction line." The Detroit Toledo Short Line special did not make a record run over the local line. The car was "in charge of a regular crew from the Michigan road but Motorman N. K.

Smith of this city acted as a special pilot from Peru to Fort Wayne. Official Denial. It has been reported that Fort Wayne Wabash Valley traction employes had been informed that the headquarters of all trainmen would bo transferred from this city to Fort Wayne, such a move to be effective not later than February 15. Further inquiry at the local division offices and among traction employes could gain no confirmation of such intentions. In fact the statement that the car barns would be abandoned here except for light repair work and the removal of all trainmen and other attaches from Huntington was denied.

However, Information was given out at the local offices that, with the installation of the limited service early in February and the opening of the Fort Wayne Bluffton line, several of the crews would likely locate in Fort Wayne. A number of the extra men in service on the' local line will be given preference on the new road in the assignment of runs. On the new limited runs between Fort Wayne and Indianapolis the older road men will be promoted to those runs. Otherwise the regular train crews will not be affected and Huntington, with the offices of division superintendent and dispatching forces recently located here, will xenttade as division taeadquarlers. SIGNING LETTER FOR PRESBYTERY MEETING.

A call is being signed by members of the First Presbyterian church to theForf Way nepresby ery" asking that a meeting of the presbytery be called to arrange for a date and othor plans for the installation of Rev. T. B. Terhune as pastor of the local church. It is expected that the installation service will take place some Sunday in the near future and at least three pastors of other Presbyterian congregations will be present.

No date has as yet been selected. MISS BARSH HAS BEEN IN CHICAGO. Mrs. Ida Barsch returned from Chicago today, where she has been several weeks with her daughter, Miss M. Delight Barsch.

Mrs. Barsch also visited a week with. Mr. and Mrs. Louis Holdermann in St.

Joseph, Mich. Miss Delight Barsch, who has made such a success of her singing specialties in the larger vaudeville circuits, has been in Chicago all but one week since late in December and her mother has been her guest during that time. WARSAW PLANS TO ENTERTAIN THE BOYS. Members of the 160th regiment, In diana volunteers, in Warsaw are now making arrangements for the annual reunion of that organization, which will be held in Warsaw August 15 and 16 next. At a meeting held a few days ago the matter of entertaining about five hundred guests at that time was discussed and preliminary arrangements for the reunion were made.

The Warsaw members elected the following officers to arrange for the gathering: President, Walter Bru baker; secretary, C. D. SeCheverell; treasurer, J. Conrad Scbade. 'ST Special Bound to Chicago From New York.

WITHOUT CREW CHANGE Pulled by Engine From the New York Division Cash Keller Is Pilot. Erie President F. D. Underwood, General Manager J. C.

Stuart and a party of official guests were scheduled to pass through the city this evening at 5:40. The special comprises the Erie's inspection engine, No. 1, Erie private car 991 and Pere Marquette car Norl. The party is en route from New York city to Chicago, but the purpose of the western visit has not been given publication. The train is in charge of a special engine and train crew from the New York division.

The engine is making the through run and commends the efficiency of the Erie mechanical department The distance from Jersey City to Chicago" direct is considered 999 miles. On the C. E. division Engineer Cash Keller acted as pilot. CHINESE DEGREE ON ML ETNA MASONS.

A. R. Large, assisted by Messrs. Gallagher, Gordon and Ray, conferred the Wi Se Pe degree on a large class of Masons at Mt. Etna on the evening of January 20.

This is tbe Chinese degree and Is said to be very interesting and instructive. SHELL CHILD DIED THIS MORNING. Calvin N. Shell, the infant son of Mr. and Mrs.

George Shell, living two miles southwest of Bippus, died shortly after 8 this morning at the age of ten months. Death resulted after two weeks' illness wtih a severe attack of pneumonia. The funeral will be held i Monday morning at 10 at the German church at Bippus. Rev. Mum will officiate.

UNDERWOOD RAIN TO MANDATE JUDGE State So Declares in White lock Case. MOTION FOR A CHANGE Action Brought Up Late This Af ternoon Division Street Improvement. Late this afternoon Prosecuting At torney Jackntan filed in circuit court a motion for a change of judge in the case of State of Indiana vs. O. W.

yhitelock. The affidavit for the change alleges that, the judge is a material witness for the state in the case and that it is impossible for the state to securea fair trial under Judge Branyan's presiding. This action is taken in' view of the manner in which the court repeatedly ruled in the case against Dumbauld Friday and this morning. Furthermore, unless the change of judge is granted, the state will take steps to test the matter and see whether or not the court cannot be mandated to grant a change of judge. The matter will be taken to the supreme court.

Division Street Matter. Judge Branyan in circuit court today devoted some time to hearing arguments on the Division street improvement matter. A series of findings was submitted to the court and there was a chance of a decision being made this afternoon. Other Court Notes. In the case of State of Indiana ex rel.

vs. Geo. A. Mahoney, sheriff, the affidavit for a change of judge has been filed. The motion has been sustained and the case has been referred to Judge Hiram Brownlee as special judge.

In the account suit of B. H. B. Gray ston et al. vs.

James M. Shearer, denial entered by defendant. Cause submitted. Finding for the plaintiff in the sum of J12C.C Mrs. Amelia Martin as guardian of the minor heirs of Jacob Martin has filed guarantee bond in the sum of $35,000.

the former bond of $13,000 in the guardianship being released. RETRIBUTION HITS. Man Guilty of General Slocum Disaster Sentenced. Special to The Herald. New York, Jan.

27. Captain Van Schaick has been found guilty of criminal negligence in failing to have fire drills on board the steamer General Slocum, which burned in East river with 1,200 passengers aboard, 1,000 of whom perished. The court sentenced him to ten years' imprisonment, is practically a life sentence. PROHIBITIONISTS MET FOR A CONVENTION. Huntington county Prohibitionists met in county convention today.

The court room being occupied by court trials, the Herald hall was secured. Here a morning session was attended by several, who held a consultation during the morning hour with reference to working plans. On account of his own sickness Rev. David Burwell of Indianapolis, who was scheduled to speak, could not be present This afternoon the convention was again called to order, the Intention being to elect county officers, though it waB not intended at this meeting to name delegates to the state convention or to nominate candidates for county offices. The election of county organization officers resulted as follows: County Chairman Calvin W.

Hlte. County Secretary F. M. Smith. Cor.

Secretary Miss Helen Stout. Treasurer William Stout. Township Chairmen Jackson, B. S. Dinlus; Clear Creek, Ell Beghtol; Warren, G.

S. Slusser; Dallas, Arthur Mason; Huntington, C. V. Hubley; Union, Jacob Brightmyer; Rock Creek, W. D.

Strouse; Lancaster, W. E. Chambers; Polk, John Smothers; Wayne, James Patterson; Jefferson. Noah Hart; Salamonle, Andrew Cool BUELL'S PROMISES MADE TO OFFICER. More has been heard of George Buell, the former Erie machinist, who lefrihe city several weeks ago, also a nuinbor of anxious creditors.

Pep i uty Bischoff went to Buell's home in Logansport Thursday armed with a or hls aTf of bills to present for collection. Dep I uty Bischoff located Buell in the plant of the Western Motor works. It is said that Buell settled one of the accounts with the officer, then took him to his home, introduced the officer to his wife as a "street car friend of mine" and offered other entertainment for the deputy and with promises from the former Erie machinist to come to Huntington next week to make further amends for his delinquencies the officer returned without his man. Buell is known to have a smooth tongue and there are many in this city who firmly believe he will never show up and the officer can continue to "hold the sack." USUAL STORY. Unhappy Russia Breaks Out in Another Spot.

Special to The Herald. St. Petersburg. Jan. 27.

A dispatch from Gomel says half the town is In flames and fighting is going on in the center of the town between troops and revolutionists, the latter being reinforced by the peasantry of tho surrounding districts. These peasants have deponed the old authorities and elected revolutionists to fill their places. DUNT0N DITCH ON SALE BY STATIONS, This afternoon at the office of County Surveyor M. F. Smith the Duntoii ditch lu Warren township was offered for sale.

The ditch is a long one, It will be partially of tile and part open. Its sale was in several stations and there were a numberof bidders. Senator John W. Tyndall of Decatur, a tllo manufacturer, formerly a schoolmate of W. A.

High, was among those in the city today on. business connected with the sale. At 3 this afternoon branch No. i had been sold to Lin Bare for seventeen and three quarter cents; No. 2 to Lafe Suit at twenty one and one half cents, and No.

3 to William Calli eon for nineteen and three fourth cents. The main ditch, which is both tile and open, went to twentythree and three fourth cents. Contracts for the tile bad not been let. EGGS BRING VERY LOW PRICES TODAY. "If this weather' keeps up eggs will go to twelve cents a dozen," said O.

C. Smith of Beyer Bros. Packing company this morning. "We are paying sixteen today but the market for this time of the year is way down. Storage eggs can be secured at from ten to thirteen cents.

We were not caught. One fellow we sold thirty five car loads and you should have heard him kick and try to go back on his contract. He had not calculated on this kind of weather when he contracted for the purchase." DANDELION IN BLOOM ON SLACK LAWN. Harry Waldron, delivery clerk at Furste's grocery, appeared at the store this morning with a dandelion in full bloon The flower had been picked from the lawn at the J. R.

Slack home. Flowers in bloom In northern Indiana in January is rather unusual. The continued high temperature is responsible for this aotlvity of nature. Dandelions were also reported in blossom last December. CHURCH ENCLOSED AND WORK PROGRESSES.

Several days ago slating the main roof of the new Central Christian church was completed. Workmen are 1 now putting the sheeting on the main tower and this will be under roof In a short time. The building 1b now. enclosed and notwithstanding the weather which follows work may progress to completion..