The Huntington Herald from Huntington, Indiana • Page 1

Attempt to Avoid Service of Subpoenas. LANDIS IS DETERMINED Judge Made Emphatic Statement This Morning Standard Oil Cases. Special to The Herald. Chicago, June 28. "I must have personal testimony," decreed Judge K.

W. Landls of the United States court this morning. He furthermore stated that he would compel Rockefeller and his associates to come to Chicago to appear before him despite the efforts on the part of the Standard Oil crowd to avoid being served with papers. "JOHN HIDING. Judge Landls' decision that the appearance of any officer of the Standard Oil company could be demanded In an effort to show ownership of the corporation ttrengthens the belief that Rockefeller remained In the east instead of coming to Cleveland to escape possible prosecution in the oil cases in Chicago as well a3 Ohio.

None of Rockefeller's friends would give a reason for his failure to accompany his wife to Forest Hill, his Bummer home at Cleveland, and until Thursday was kept a secret. It develops that the oil king has remained in the east because there is more chance to escape process servers than there would be in Cleveland. It Is saTd he will come to Cleveland just as soon as all danger of his being subpoenaed In the Standard Oil proceedings has passed. William Rockefeller left Thursday for New fork. He has lost all Interest in Cleveland and only decided to go there when his father changed plans at the last moment and concluded Important business would make his presence in New York imperative for the present at least PENALTY HEAVY.

The Standard Oil company waB indicted on the charge of using Illegal freight rates tendered it by the Chicago Alton road, and after a long trial was found guilty on 1,462 counts of the indictment. A maximum fine of $20,000 Is allowed on each count, making a total possible fine of $29,240,000. Before passing sentence Judge Landls announced it was his custom to proportion the fine according to the financial condition of the peraon or corporation convicted, and asked for specific information regarding the financial condition of the Standard Oil company. This information he has been unable to obtain up to date, and the Issued Thursday were the consequence. MISS MXLURG WEDS EVERETT L.

CALHOUN. Saturday evening in Warren, at the home of Rev. and J. E. Rev.

Etter officiating, will be solemnized the wedding of Everett L. Calhoun and Miss Blanche McClurg, The ceremony will be witnessed by only two or three friends and the couple will make their home at Plum Tree. Mr. Calhoun is a clerk in a store at Plum Tree and is the son of Harrison Calhoun of that place. Miss McClurg is the daughter of George McClurg.

of Rock Creek township. Both are excellent young people and have the well wishes of many, friends, who have for some time' been extending well wishes. WHEAT GOES UP THREE CENTS IN HUNTINGTON. Wheat took' a sudden Jump yesterday' from 87 to 90 cents a bushel; on the local market. It is one of those sudden flurries that often occur, but is rather hard to account for.

Returns from the southwest show that the crop is not as heavy as has been expected. The harvesting and threshing season 1b now on in the southwest and papers tell of lots of rain in that locality. This condition has delayed the threshing of the wheat crop and may in part account for the sudden and unexpected jump in wheat. KILLED SWEETHEARTS THE TWO MUST HANG. Special to Tho jColumbuB, Ohio, June 28.

The supreme court denied this morning the motions of Roy Fowler, Dayton, and Albert David, Springfield, for leave to file petitions in error. Both are under death sentences for killing; their unuim to, i jj 17 1 fJEi ALL THE NEWS mm ERALB WEATHER FORECAST. Generally fair and slightly warmer tonight and 10c A WEEK. Twenty Third HUNTINGTON, INDIANA, FEID AY, JUNE 28, 1907. NO.

154. DECREE TO THE 7IFE Given by Court in Dum bauld Divorce Case. HUGHES GETS SENTENCE Fined $2 and Goes to Jail for Ten Days Peterson Fnt Under Bond. C. F.

Jackman, special judge In the divorce suit of Theresa Dumbauld vs. Philip" Dumbauld, which was on trial this week, this afternoon at three announced his findings in the case. The court finds for the plaintiff as against the defendant, on the first paragraph of her complaint, which alleges cruel and Inhuman treatment and disagreeable temperament. The divorce Is granted to Mrs. Dumbauld and alimony follows in the sum of about $300.

The question of the disposition to be made of three minor children, a daughter and two sons, was what most puzzled the court. Since the separation, of parties to the suit the daughter has been with the mother and the sons with the father. The court was inclined to let this arrangement stand, reserving the right tor the court to change the custody at any time it might be found advisable. The court gives Mrs. Dumbauld $10 a month for the support of children, second paragraph of the complaint is withdrawn by agreement.

Though some pretty nasty allegations were made in this, on each side, the court found that some of them were not substantiated and for the sake of all concerned found that a divorce on the first paragraph of the original complaint was proper. This was the first case 4n which Mr. Jack man officiated as special judge, and his conduct of the case and his rulings during the trial have been the oc caslon for much favorable comment HUGHE8 GETS SENTENCE. Howard Hughes, charged with petit larceny and a second conviction on that offense, this morning entered a plea of guilfy In clrcuU court and got off very lucky, Judge Cook sentencing him only to pay a fine of $2 and serve ten days In jail. Hughes in recent years has been in several mix ups and is regarded by people generally as very fortunate in escaping seriouB sentence.

Some time ago he was implicat ed with another in the theft of hides from the Bronstejn ware house. He escaped further punishment than a stay in Jail. This time he was charged with picking up a piece of money from a saloon bar and departing with It. PUT UNDER BOND. Chris Peterson, witness for the state in 'the case of State of Indiana vs.

Herbert Lee, who could not be found a few days ago when that case was called, was called Into court today and on motion of Prosecutor Eberhart ma put under $200 bond for his appearance in court In the September term as a witness for the state. Peterson' has been employed at the court house. Questioned why he did not appear the day Bet for the Lee trial, Peterson eald he had been informed that he did not need to appear as he had not been subpoenaed. FOUND FOR PLAINTIFF. In the case of L.

vs. Arnold, Henry Keeferand J. B. Bailey, the court has found for the. plaintiff as against the defendants In the Bum of $10 and a motion has been entered to tax costs to the plaintiffs.

Material for chutes at the Huntington Ice company's plant was In dispute. MATTER STILL' PENDING. Judgment on the verdict favorable to the plaintiff has been entered In the case of Mayme Balzer vs. "Waring Glove company on the Jury's verdict, though by agreement execution Is held up until the court has had opportunity to rule on the motion for a new trial. TO APPELLATE COURT.

In the case of Cllne et al. vs. City of Huntington, known as the Sophia and Henry street' sewer proposition, a motion for a new trial has been overruled by Judge Mock and an appeal has been granted the city to the Btate appellate court, with 150 dayB to per lect the appeal. BACK TO REGULAR JUDGE, The special Judge having died, the caBe of Todd vs. Mills again falls to the jurisdiction of tha presiding judge.

A motion to strike but verdict has been filed by the plaintiff and a mo tlon has been filed, by the defendant for Judgment on the verdict. OIL PROPERTY SOLD. In the receivership case of Samuel T. Roush' Llppert et al. and tho A.

Oil company, sn inventory and appraisement have been filed in the Bum of Claims have been compromised and approved and the property has been sold to the Kansas City Oil Development company. CONTINUANCE GRANTED. In the Marion Enyeart drainage matter the hearing has been continued until June 29 at three on a showing by the attorney for the petitioners. J. T.

Alexander is special Judge. BRANT AN COMMISSIONER. In. the': partition suit of Wilson vs. Kelley et the death of M.

L. Spencer, commissioner, being suggested, A. Branyan was named commissioner to complete the Bale. FOR THE DEFENDANT. In the damage suit of Mertus J.

Snyder vs. Henry H. Miller, a Judgment has been entered for the defendant on the verdict returned by the jury. CITATION ORDERED. A citation to appear Instanter has been ordered for the defendant in the divorce suit of Mary M.

Wheeler vb. Boyd C. Wheeler. WANTS NEW TRIAL. A motion and reasons for a new trial have been filed in the personal Injury damage suit of L.

C. Mitten vs. C. A. Edwards.

DISMISSAL FILED. In the case of Cllne et al. vs. Schermerhorn et al. a dismissal has been entered.

HURRICANE. Two Hundred Lives Were Lost Caroline Islands Tidal Wave Also. on Special to Tb Herald. Sidney, N. S.

June 28. News of the second hurricane with tidal waves which has swept over the Caroline Islands in the last few months was brought here today by the steamer, Germalne. It Is reported that 200 perished. VALUABLE DIAMOND LOST OS STREETS. An 'Insurance man by the name of Neff from Marion lost a set to a valuable diamond ring while in the city Thursday.

He was In the Dick store transacting some business when the loss was first discovered. A search was at once instituted for the mls Bing diamond, but no trace of it' could be found. It is thought the Bet was lost on Jefferson street between Market street and the railroad; The1 gem was valued at $100 and the Marlon man has just cause to: consider himself unfortunate. SINNINGER PUTS UP I SHOW OF A FIGHT. Cal Sinnlnger, who for several years was the editor of the Warren Independent, has been warned to get out of Fowlerton, where he is the editor of the Review, within twenty four hours or receive a visit from white caps.

Sinnlnger immediately loaded a shot gun, which he placed in his window, with a card stating that the weapon was for his reception of the white cappers. He says that he will barricade his office and will not be responsible for the consequences that may follow a visit to his sanctum. Sinnlnger was recently hailed Into the federal court at Indianapolis on account of an article printed in his paper, and was acquitted of a charge of the misuse of the mails. HELVIE INJURED AT A CHARIVARI PARTY. Howard Helvie met with a peculiar accident at McNatts Wednesday night which may result in the loss of one of his feet He was assisting at a charivari where an anvil was being used to assist In making enough noiBe.

A nut from a wagon wheel was used In the operation and at one discharge this burst A piece of the flying metal struck Helvlo in the ankle and made a bad wound. Several arteries we're cut and the flesh and cartilage were mangled in a painful manner. The accident occurred about midnight, but the injuries were not dressed until the next morning when the man was taken to the office of Dr. Laymon at Warren. EXAMINATIONS FOR TEACHERS' LICENSE.

Saturday at H. B. U. hall the monthly teachers' examination for Huntington county applicants will be held. G.

A. Park will be In charge, under appointment of Superintendent I. B. Potts, who is away on a trip. It is not thought the number of those writing the examination will be large, as several examinations of the kind have previously: been held.

OIL KING III HIDING TRIAL RUNS DISCUSSED. FOR THE DEPARTMENT. There is now some talk, of having the fire department make a trial run every day. It has been suggested that by this means the men and teams would both get the ttecessary amount of practice. As it Is, constantly changes are being 'njade in the department and the frequency with which men are changed makes it next to Impossible for them to have the requisite amount? of discipline.

The horses too are "soft" and during the warm weather need more exercise than they get. Huntington has. been very fortunate in regard to large fires but It Is always well to be prepared, and nothing is so requisite as the proper amount of discipline. howehstiMWneral Will Be Held at M. E.

Church at Bippus. BURIAL ON SATURDAY Death of Aged Lady Who Was Resident of County Since 1862. Mrs. Margaret Howenstine, a resident of Huntington county near Bippus since 1S62, died Thursday evening at 6:30 at the home of her daughter, Mrs. Byron Bolinger, in Bippus.

The funeral will be held Saturday at two o'clock wltn services at the M. E. church at Bippus. Interment will be at the Funk cemetery two miles north of the town. Mrs.

Howenstine had been in declining health since last winter. Her more recent illness was made more critical by attacks of heart trouble. The aged lady realized her condition almost up to the end and assisted In perfecting arrangements for the funeral and burial. Born near Canton, Ohio, September 20, 1822, Mrs. Howenstine came with her husband to Huntlrigton county in 1862.

They located in Warren township on a farm north of Bippus. Mr. Howenstlne's death occurred In 1899 and since Mrs. Howenstine bad resided with her daughter, Mrs. Bolinger.

She was the mother of eight children. Six survive. Daniel and Adeline have been dead several years. Mrs. Clara Flora resides at Manchester, Kansas.

Elmer Howenstine is located In the west and Mrs. Henry Lahr lives in Kokomo. Uriah Howenstine is a resident oT this city and Bradley Howenstine and Mrs. Byron Bolinger live at Bippus. Mrs.

Howenstine was a member of the M. E. church since childhood and her living was in conformity with her belief. In making the arrangements for her funeral, the infirm lady desir" ed the presence of the presiding elder of the district Pall bearers chosen for the funeral are John Young, Philip Nle, Emery Leonhardt, Peter Michael, Charles Spath and Joseph Dutenhaver. GIFT'S CONDITION IS NOT REGARDED SERIOUS.

Regardless of the information given to the Huntington News Democrat Wednesday that William Gift was getting along nicely and that his condition was not serious, says the Andrews Signal, that paper contained an article Wednesday evening in which it Bays: "William Gift of Andrews, one of the men who was seriously InjureJ and burned in the explosion which recently occurred in the mill at that place is much worse and little hope is now entertained for hia recovery. The physicians are resorting to every possible means to overcome the affliction, but the outcome is extremely doubtful." Mr. Gift is in no danger whatever and has not been considered so at any time within the last week. The Democrat's account of his condition is just the opposite of the information given in response to their Inquiry. This is only one of the many inflated news Items from here that have appeared in the Democrat within a few weeks and that do not create a special interest in its columns among its Andrews readers.

ARRESTED FOR BIGAMY jWHILE 03 HONEYMOON. Special to The Herald. New York, June 28. Arrested on his honeymoon Benjamin Novinskyof Fort Smith, was today charged with bigamy in marrying Mary Dolan. The complaint was made by his first wife who was formerly Miss Minnie Jacobs of New; York, jfc JEROME WED IN" District Attorney Would Advise Southerner.

IN JUDGE LOVING'S CASE Good Roasting Given Man Who Wanted to Convict Harry thaw. Special to The Herald. Houston, June 28 District Attorney Jerome received a good roasting in the Loving trial today from Judge Loving who is defending himself. He was ridiculed for "butting In" on the trial. Jerome telegraphed pointers to Judge Barksdale, who Is hearing the Loving case, on legal procedures on the admission of Miss Loving's story In order, it is said, to gain a precedent for the Thaw case when it again comes up for trial.

Evidence In the case of Judge Loving, who was placed on trial last Monday morning for the murder of Theodore Estes, was concluded at five Thursday afternoon. The court then adjourned until ten this morning, when the Instruction to be given the Jury was argued before Judge W. R. Barksdale, the presiding magistrate. Attorney Harmon for the prosecution yesterday announced his Intention of introducing witnesses to show that the story told by Miss Elizabeth Loving to her father that she was drugged and assaulted by Estes was false, and that Estes never offered any indignities to the girl, even suggesting there might be another motive in the killing.

The defense objected to testimony on the ground that it had no bearing on the case, and, whether true or false, had nothing to do with the question of the anger of Judge Loving at the time of the tragedy. Judge Barksdale, in a lengthy opinion, sustained the contention of the defense, and among the cases he cited as authority was the famous Thaw trial in New York. Recess was taken from twelve o'clock until four o'clock to give the prosecution time to prepare a hypothetical question to propound to an expert on insanity, Dr. J. S.

Dejarnet The question revealed the life, and experiences of Judge Loving, his marriage, his separation from his wife, his struggle against the whiskey habit, his trip to an Institution for the cure of that habit, the account, of the story told him by his daughter, the killing of young Estes and his appearance and actions after the commission of the crime. In reply to he question, "What effect do you think such experiences would have on the mind of this man?" the witness replied: "I think he would be very angry from the provocation that he thought his daughter had been ruined by the young man referred to but not insane." The attorneys for both sides last night held a conference to prepare Instructions to be submitted to the court today. piQUcmzEiris FOUND DEAD IN BARN. Special to The Herald. Piqua, Ohio, June 28.

John Wolf was found dead in his barn this morning. It is believed that he committed suicide. The coroner Is making an investigation. ARBITRATION WILL BE CONSIDERED FIRST. Special to The Herald.

The Hague, June 28. Arbitration is to be the most Important subject before the first complete session of the peace congress. July 4 Is set for the introduction of the drag doctrine. MAY GET TOGETHER. Kosher! Crops in Field Hay Be Sold as Per the First Notice.

Indications now are that an adjustment is in sight In certain of the differences between the Moshers regarding personal property. The crops and personal property of the late Emery Mosher, Nora Mosher and D. A. Mosh er have been advertised for sale July 2. Then came a disagreement, which resulted in the sale being called off.

A proposition has been submitted by Branyan, Branyan Branyan, attorneys for Dorman and Nora Mosher, to Cllne ft Cline and George M. Eberhart, who represent the interests of the administrator and Mrs. Emery Mosher, to allow the crops in the field to be sold at once, all care of them to go to the purchaser, wltn the Idea that a settlement of the Interests In the same be made following the sale. Branyan, Branyan Branyan announce the sale will be held, while other attorneys are not positive In their statements, though they say It may be. Atorneys George Eberhart and Claude Cllne went to Warren township this afternoon to make an Inventory of the property of the late Emery Mpsher.

In case such an arrangement is made, the right to sell the property cannot be questioned and the purchaser will not Involve himself In the trouble. DR. COOPER SPEAKS AT PRESBYTERIAN CHURCH. Dr. Effle n.

Cooper of Goshen, a mislonary returned from work in Chine, arrived from Goshen at 12:30 today over the Erie and this afternoon addressed a meeting of ladles interested in missionary work at the par lors of the First Presbyterian church. Presbyterian ladies had extended an lnvltutlon to missionary societies of other congregations and a number were present. During her stay in the city Dr. Cooper is a guest at the home ef Mr. and Mrs.

J. CAN CONVICT SEVEN. Special Grand Jury Called to Investigate Murder of Walter Lumana. Special to The Herald. New Orleans, June 28.

A special grand jury has been called to consider the cases of more men and women, members of the Black Hand society, who have been arrested, charged with the kidnapping and murder of Walter Lamana. Judge Datorno is certain he can convict Beven, FORMER WARREN MAN BURRIED IN MICHIGAN. After long suffering from lung and heart trouble at his home In Boone, Michigan, Henry McClure passed away at 4:20 Monday morning, says the Warren Tribune: Th deceased was the son of John and Mary McClure and was born in Huntington county July 5, 1860, and died at Boone, Michigan, June 24, 1907, aged forty six years, eleven months and nineteen days. He married Miss Ida Hultz twenty years ago and to this union were born four children, two boys and two girls, who survive their father. Mr.

McClure leaves to mourn their loss the wife, four children, an aged, mother, Ave brothers, Levi of Elwood, Morgan of Warren, Jasper of Ohio, Gllmore of Chicago and John of Okland City, and one sister, Mrs. W. D. Bonlneld of' this city. Mr.

McClure was a resident of Salamonle township all his life except the last six years and that time he had lived near Boone, Michigan, and had been a prosperous farmer. The deceased was a very devout christian, holding membership in the Christian church at Plum Tree, Indiana. The funeral was held at Boone, Wednesday at one o'clock. Those who went from here were Mrs. Cynthia Hultz and Morgan McClure.

SURPRISE SPRUNG IN COURT PROCEEDINGS. A surprise was sprung in circuit court this afternoon. It was in the George W. Lahr drainage matter. The surprise lay in the fact that the drainage commissioner made an unfavorable report on the petition for drain age, the first unfavorable report filed In months.

This report Is made by Drainage Commissioner Benjamin Heaston and County Engineer Rltt gers. The ditch is found to be im practicable chiefly for the reason that the benefits would not equal the costs FUSSELMAN MITTEN WEDDING SATURDAY. Carr Mitten, accompanied by his sister, Mss Ethel, Is in the city from Chicago. Mr. Mitten weds Miss Minnie Fusselman Saturday afternoon at the home of the bride's parents, Mr.

and Mrs. J. Fusselman on Canal street, in the presence of but the immediate families of the contracting parties. Rev. T.

B. Terhune will officiate. Mr. Mitten and his bride will leave for Chicago Saturday night to make that city their future home. Miss Ethel Mitten will remain, a guest of her parents, Mr.

and Mrs. L. C. Mitten of South Lafontalne street, over Sunday. CIGAR STUB STARTED QUARTER MILLION FIRE.

Special to The Herald. Birmingham, June 28. A quarter million dollar fire was caused here this morning by a blaze which originated from a cigar stump in the Chal afoux block. The building was de stroyed, i WILL INVESTIGATE President Takes Up Telegraph Difficulties. RESULT OF A DEMAND Brokers of San Francisco Losing Money Government Ownership Proposed.

ti Special to The Herald. Washington D. June 28. Following the nstructions of President Roosevelt, Commissioner of Cor porations Smith Is arranging for an immediate investigation of the. rela tlons between the telegraph companies of the United States.

'This investigation will he conducted in such a manner an to avoid giving any company or official tho privilege of immunity from prosecution in case a violation of the law should be dlscor ered. The Investigation will determine such data as will be useful to the department of Justice In determining whether to Institute legal proceedings, and to congress should that body desire to have the, government exercise control over the telepraphlc service. LOSING MONEY. Chicago, June 28. The deadlock be tween the commercial telegraphers and Western Union and Postal Telegraph companies In San Francisco may result In a personal appeal to President Roosevelt to use the IxiV fluence of his high office to bring; about a settlement before the entire country becomes involved In tho strike.

Prominent business men and brokers of San Francisco, whose business Is suffering, when Interviewed, declared that In view of the fact that "the strike threatens to become of national scope, It would be highly proper for the federal government to step in and pacify the contestants. Assistant General Superintendent Miller of the Western Union, acting; under instructions of the higher officials in New York, removed the last hope of a "meeting between himself and the srlkers, looking to an adjustment of their differences. He said the company was ready to meet employees in regard to any grievances they may have, but the key men out on strike are no longer emV ployed. Furthermore the company, will not receive' any of the strikers either as a committee of individuals or a committee from the union. Presl dent Small of the Commercial Tele graphers' union said operators are willing to arbitrate now and alwaya have been.

The committee which appealed to Mr. Miller before the strike was called for the purpose of arranging some sort of a meeting was not received In a manner that would Indicate that the grievance of the operators would receive consideration "We are in this fight to win," he said. "I will not say now what other unions are to be called out or but we are in this fight to win. FEDERAL CONTROL. Measures providing for government; ownership and control of telegraph lines will be Introduced at the coming Besslon of congress by either Representative James McDermott of the Fourth district, Chicago, or by Repre sentative William J.

Cary of Milwaukee. Both congressmen are Bald to be members or former members of the Commercial Telegraphers' LOON CREEK REPORT FILED IN COURT, Cllne Cllne this afternoon filed the final report of the construction commissioner, Benjamin Heaston, in the Loon Creek drainage matter. The contractor, W. J. Dillingham of "Warsaw, Is anxious to get the contract off his hands, as he plans to go south.

His dredge will be shipped to Kosciusko county. Late this afternoon there was some prospect of a little opposition, from a man named Lonas, who had some difficulty with the contractor some time ago when the dredge was passing through his At tile time he complained that the work wats not done properly. The dredge was about to be backed up to makechansrea. in the work, when he threatened suit if the ditch was made deeper. PEASANT STRIKERS RIOT Vi ITALY Special ttt The Herald.

Ferrera, Italy, June 28. Troops have been Bummoned, here to quell disorders among the azrieultural strikers. The ringleaders have been seized. The riots were caused by 16. 000 peasant.