Logansport Pharos-Tribune from Logansport, Indiana on February 1, 1898 · Page 24
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Logansport Pharos-Tribune from Logansport, Indiana · Page 24

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Logansport, Indiana
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Tuesday, February 1, 1898
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Page 24
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DAILYJPHABOS TUESDAY, FEB. 1, 1898, GITYNRWS. Bob Whitefioar 82.40 per hundred. —McCaffrey. Dr. C. L. Bonders, of Burrows, was in the city tO'ilay, John Klnneir, of Pittsburg, Pa., Is a guest of Johm McGovern. The beat ijuallty of bees wax candles 30c Ib — McCaffrey. Joseph Cunningham, of Loree ic the city todlay on business. The common council will meet morrow night in regular session. Thos. Henry, of Young America, Is visiting frlands In Wayne county. There were no offenders before His Honor, Mayor McKee, this morning Mitchell and Hornbeck are preparing to open a dye house on Fifth street. S. M. Velsey, who has been sick was to McISTOSR CASE. Murderer Not Allowed in the Court Room. Made Threats .Against the Judge Prosecutor. and fora week, was able to visit his office today. John C. Dawenter, the hatter, has supplied the members of the police force with now caps. JohnM. (fee, a former Wabash fireman, now located at Danville, Ills., is visit ng in the city. Anna F, Weaver, of 1807 Market street, will give instructions in French, German, Greek and Latin. Miss Ann*, Weaver, who received the degree of M. A. In classical philology at Stanford Diversity, has returned homo. . Judge and Mrs. G. E. Boss have returned from a snort visit with their son .George af the Howe military school at Lima. The announcement of our Febru- LIiO IIIILIU ! .*»*VW***—— - .. clearance Bale on .jacketsi was all that was necessary to attract the crowds—Trade Palace. After ten years of faithful service, Wm. Donljy.the Wabash car repairer, has been discharged. The company is reducing expenses. The ladies who expect to attend the concert at the Murdock hotel tonight will snderstaad that they will be required to remove their hats The "A (Stranger in New York" company wme in from -™W™ this morning, and are quartered at the Murdock and Barnett hotels. Grace tteS-year-old daughter of Mr. and Mis. Walter Wilson, died at 10:30 this morning at the family residence on North street. The time of funeral will be announced tomorrow. This mor.th shall, and will be, one of our greatest February sales ever given by on. Special prices on dress goods, sllkii, new wash goode, ever given by anyone in this city. See our new linens. Gome in and see for yourself.—Trade Palace. John Parker, colored, the letter Argument fur a New Trial Heard This Afternoon. Before Judge Chase, 2 o'clock this afternoon, the argument for a nuw trial in the Mclntosh murder case was begun by A. G. Jenkineo, one of the attorneys for the defense. Only a few spectators were present. Mr. Jenklnes and Mr, Lalry were armed with seven big law books, while Prosecutor Kistler had but one, unless others were concealed about nis person The question of the defendant, Mclntosh, being present in the court room was brought up, and the court said decisively that Mclntosh would not be brought in and intlmeited that Mclntoah had made threats against the court and prosecutor. ! Mr. Jenkines said if threats had been made, he had no intimation of the fact. Judge Chase replied than during the trial he had heard of threats, but had not mentioned them before. A friend of Mclntosh had comis' ,to the court and Isold him that Mcl.nt.osh had made certain threats. Mr. Jeoklnes then read the reasons lor a new t,rial t as set forth below: REASONS FOB A NEW TMAL. The motion for a new trial of the John Mclutosh murder case, filed! by the attorneys for the convicted man carrier, was given a surprise today by his wife, occasioned dinner by his li\J\JLOJ W » **•" " -- ••• 1 — - - fT*\^ 41st birthday anniversary. The guests included the mall carriers and postofBoe force, and they presented John with a handsome easy chair. The son of 8 prominent business man of Logansport is kept busy guessing how he is to escape from a very unpleasant entanglement .with a certain young woman,on account of which many hearts are aching. Young girls are allowed entirely too much freedom now-a-daya. consists of twenty paragraphs and includes more than sixty reasons. Fol- .lowing is 11 summary of itfe most important points set out by the attorneys: The verdict is contrary to law, not sustained by law, contrary, to the evidence and not sustained by , »uffl- cient evidence. *,. ; , The court erred in giving to the juiy instructions requested by the state, some forty-eight in,, number, and in other instructions given to the jury of its own motion. The court erred In its Instructions as to the credibility of the testicaony given by the defendant, Mclniiosh. thus tending to discredit his standing before the jury. The court erred in its instructions as to the law of self-defense, thus assisting to overthrow the theory of the defense that Mclntosh was not the aggressor, The defendant was .prevented from having a fair trial because the court refused to instruct the jury that if the evidence so warranted, they might find Mclntosh guilty of manslaughter and Ix his punishment at not less than two nor more than twenty-one years In prison. The court erred in allowing the CHICAGO MARKETS Received Daily ft. A. by W. W. »llner, R. Bnlldlnic. Chicago, Feb. 1, 1898. WbjMt—For May opened a. 95} <3>»51«r, Winy 96 * o; low> at 9Sio. Wheat—July closed, 85|o. opened, 85i@85Jc; Corn—For May, opened, 28|@2S£c; high, 28I@29c; low, 28}c; closed at 28|c. Oats—For May, opened, 24@23f r c; high, 24ic; low, 23|@23Jo: closed at 23jc. a. Poirk—May opened, 19.90; high, *9 SSi; low, 19.75; closed at «9.SO. Hogs-Receipts othogs 38,000. Estimated receipts for tomorrow 35,000. jury to be shown a photograph show Ing the wound that caused Pottmeyer's death; the court also erred in allowing Pottmeyer's bloody clothing to be shown the jury. The defendant has discovered since the trial, evidence material to his defense. f Hiram B. Walklin, a barber, has made affidavit and f will. : testify that some two years ago'he was in Pott- meyar'B ualoon when the much-talked- of controversy arose between the defendant, Mclntosh, and John Benner, and that Benner was at all times the aggressor and was aided and abetted by Pottmeyer, who tried to hire Beaner to knock Mclntosh down and throw him in the race. Gustave H, Dreyer, the grocery clerk, has made affidavit and will testify to the same facts, being also present at the said time Eind place. John W. Benner will testify to the same circumstances, he being the man who had the controversy with Mclntosh. Pottmeyer and John Miller, acooiding to Benner, stirred up the fuss, and Pottmeyer frequently threatened to kill Mclntosh, and did all he could to induce Benner to attack Mclntosh. The court erred In permitting Al Bichart to testify in rebuttal that me and if be don't, give me my money back I will shoot him. 11 The court erred in permitting Mrs. George K. Marshall Do testify in rebuttal tnat Mclntash did not say that Pottmeyer had robbed him, etc. The court erred in permittingDr. B. C. Stevens to testify that in his udgment Pottmeyer could not have walked from the point where Me- lotosh claims to bavd shot him, to the place where he full, with such a wound as be had sustained . AEGU1NG TICK CASE. Mr. Jenklnes paid particular attention to the court's instruction, as to the credibility of Mclntosh's own testimony, and read the law applicable to the case, which tended to show that altnough the defendant in a murder case has a great personal interest in the result of bis own trial, this fact should not operate against his credibillSy when on the witness stand. The statutes do not require the court to tell the jury that the testimony of the defendant must be entitled to less weight than if he were not an interested witness. The defendant's defense rested almost solely upon hia own testimony, hence the injury to him contained in the court's instructions, number 15, that he was an interested witness. Next Mr. Jenklnes called attention to the court's instructions regarding; Mclntosh's plea of self-defense, and showed by decisions of the supreme court that a trial court has no rlgh 't to throw discredit cipon the defense made by a defendant upoo trial. Ha claimed that the court's instruction's in tbe Mclntoah caue did not com mend the plea of self-defense,' • but spoke disparagingly of it and tended to weaken it. Referring to the question of a "reasonable doubt" as to Mclntosh's guilt, Mr. Jenklnes read the court'i instructions, which provided that 1 the jury found from all the facts that' Mclntosh was necessarlaly guilty the bare possibility of his innooenc should not stand in the way of a find ing of guilty. He read decisions o the supreme court to prove these in strucGKjns to be an errorof law . Mr. Jenklnes also attacked the validity of the indictments. Judge Dairy also sp*o£efor the defense, restricting his argument as to the court's instruction as self defense and cited authorities to show that the court has no right to disparage a plea of self-defense in a murder case. The court asked for a memorandum of the supreme court decisions referred to, and promised to give them careful attention, but volunteered the statement that the instructions of any court could be made to appear unfair If a sentence here and a. sentence there were taken out and'used without reference to the surrounding words. • The prosecutor made no .speech, but called attention to one supreme court decl sin bearing on the, case. Court, adjourned at 3 o'clock, without stating when a ruling might be expected. JACKETS *N D CAPES i 2 OFF OFF From Former Prices. Profits no Longer a Consideration. Our Tremendous Stock forces us to make this Great Reduction. iuuiT THIC CAlfC MEilSKf It means that you can buy a WHAT THIS SALb HlcANM aoah: here a t just # off of former Prices. Either Jacket or Cape. Don't let this chance slip by. Our loss, your gain. Come in and see. THE GOLDEN RULE. InfLtna.Gtila.te JUinen Is the mark of the gentleman. "We keep your linen as it sh'omld be. We do ; the work quickly and as -well as modern machinery^ •t ,. pure soap and good-workmen c*» . -do it. A postal brings our -wag**. 'Both 'phones 110. '. Marshall's lanndry, 608 Broadway. r;TVETHEM FITS. That's what you'll get if I make your clothes. I'm making Pall Suits and Overcoats to order from. $16 to $40.00 ............. G. Tuclcer. 'Tailor, ^and Broadway. COLLAPSE Of the Indiana Odd Fellows Mntmal Aid Association. LOCAL CRIMINAL KECORD Number of State Prisoner* Disposed Of During the Year 1897—Offense Com- milled and Punishment Prescribed. The Assists Reported to be.Three Dollars and Thlny Cents and the liabilities One Hundred Thousand. Following closely upon'the-heels of the failure of the Indiana Masonic Mutual Benefit associadloa -comes the announcement that the Odd Fellows Mutual Aid association has collapsed. At a meeting of the association held at Indianapolis yesterday, It was voted to go out of business." There' were many members o:.' the association in this city. Its assets amount to $3.30, and Its liabilities to $100,000, consisting of unpaid death claims. The association was formed twenty-eight years ago by men prominently connected with the Odd Fellows, but it never had any official connection with the order. RilLBOAl) BREVITIES year in DISTRICT CONVENTION. Short Items of Interest Gathered From Manj Sources. year in Illl«Uvll A v^«ol l/ua *w* "v •-—w. - —• — j _i_Hiu*-t»- — "•" * Mixed, $3.80@3.95; heavy, 13.80® Mclntosh, just before the shooting, 13.95; rough, »3 55@3 65; light,, aid not say, "Pottmeyer has robbed light, •3.SO@I3 95. Market steady on hogs and (little. Receipts of cattle, 4,000; sheep, 11,000. Curb, 96c; puts, 95i@94i@95c; calls, 97<a.96Jo. A TEACHER INSANE. IDnfoirtnnate Condition of Miss Settle Johnson, of Burlington. Miss Kettle Johnson, a teacher in the public school at Burlington,] southeast of this city, has become insane, Miss Johnson was known at the state normal school at T'erre Haulie two years ago, and was so. in- clefaLtgable In her effort for advancement that she made a two-term credit in one. This Is thought to be the start- of her mental weakness. She is well- known to a large number of t«ac!iers of Oasa county. Official facsimile of Medal Awarded DR. PRICE'S CREAM BAKING POWDER Republicans Gather at Wabash to Choose H District Connnilteeman. Candidates for Congress Sparring for Position, While Major Steele is Detained at Washington. The Republicans of the Eleventh district met at Wabash today to choose & member of the Republican state central committee.- The attendance from Cass county was not very large. Among; those who at-; tended were D. W. Tomlinson, Swift Wright, Senator Collett, W. W. MOBS, Phil Wolfbrd, Van Martin, Auditor Powell, Robert Johnston.Dr. Sterrett. Commissioner Grain, John Bfiinta, I. A. Adami and D. J- Forgy. Dr. Powell did not go. W. S. Wright and D. W. Tomlinson were spoken of for member of the stiite committee. It was given out by the knowing ones that Mr. Tom- liusoQ would withdraw In ravor of Wright. There were four or five candidates for congress in attendance at the convention, among whom were Rev. Nicholson, ex-Representative Stntes- man and Gary Cowgill. WAKREN BIQLER ELECTED. At the convening of the convention this afternoon Editor Kautz, of the Kokomo Tribune, was made chairman, and Mr. Purviance, of Huntington county, secretary. But two candidates for district chairman were voted for— D. W. Tomltnson, of this city, and Warren Biigler, of Wabash. Blgler was elect- edpon the first ballot, the vote standing Bigler, 85}; Tomlinson, 56J. Divorce Cue Dismissed. The divorce case of Lucy Helvle against George A. Helvie wsia dismissed today at defendant's cost. WORLD'S FAiR,CH!CAGO,!893 A strange man, found lurking about the residence, of Frank Sehaefer, the dairyman, on Columbia street, Sunday night, was driven oft the premises by the latter'a son-in- law, Mr. Forsh. A citizen of Windfall has given a tract or ground on which the Panhandle will build a new passenger station. Two Panhandle locomotives collided in the yards this morning, and an investigation is being conducted this afternoon by the officials. A SEOW plow was sent north on the Vanda,lia this morning. There was a heavy snow 8V>rm yesterday afternoon and freight train* could not be moved. The Pennsylvania Is already distributing a large mileage of new steel rails, weighing one hundred pounds to the yard, and many thousands of new bat ties..,;; Isaac Eumbaugh, the-.veteran passenger engineer on the Panhandle, has obtained a few weeks' leave of absence.and with his wife, will spend the time in Florida. , The average quantity of coal used for locomotives-of the Panhandle at Columbus is twenty carloads every twenty-four hours. Columbus is one of the .important coaling stations on the Panhandle system. The residence of Panhandle Engineer Watts, at Chicago, was damaged by fire Saturday afternoon. The loss, »400, Is folly covered by insurance. Mr. and Mrs. Watts resided here for a number of years. The Pennsylvania Bailrood company will utilize electricity as a motive power in Its yards at Altoona and Harrlsburg, and will in the near future introduce Its use at Wall, Conway, Dennison and Columbus. Fifty-five miles in forty-seven minutes while hauling a train made up of eight heavy cars is the record made by a locomotive running between Columbus, O., and Xenia, O., on the Plttsbnrg, Cincinnati, Chicago & St. Loaia railway. The .actual time was fiffy-six minutes, but this included three stops, one crossing slowdown and a delay of four minutes at London, making a total of nine minutes. Deducting this, the the time given above is obtained.Pat in anotber way this means a speed of about seventy-three miles an hour. Following is a copy of the local criminal record for the year IS97, made by the police department, showing the number of state prisoners disposed of, the offense committed and punishment prescribed: Joseph Martin, larceny, 30 days in county jail. James Talbott, larceny, 1 state prison. George Grace, larceny, 1 year in state prison. Marvin SchreckenghausS, larceny, 1 year in stat.e prison. "Wendras Grace, larceny, 1 year in state prlsen, sentence suspended. Frank Sullivan, larceny, l year Ic state prison. Luther Reams, larceny, 30 days In county jail. Michael Powlen, larceny, 10 days In county jail. Hendrlck Schulze, larceny, 10 days In county jail. Jennie Bebee, larceny, 1 female reformatory. EH H. Raugh, larceny, 1 year in reformatory. ' Walter Cox, larceny, 1 year In reformatory . Laura Whtttaker, larceny, 30 days in county jail. Henry Sullivan, larceny, 1 yetir in reformatory. Henry Whipple, larceny, reform school until of age. Peter Fries, larceny, reform school until of age. Wm. Miller, larceny, reform school until of age. Melvin Corbin, alias M. S O'Connell, larceny, 1 year in reformatory. Ferdinand Chambers, larceny, 1 year in reformatory. Harry Jones, larceny, 1 year iln reformatory. Thomas Mitchell, larceny, reform school until of age. Wm- Tlshock, robbery, 6 years in state prison. A. B. Sinks, alias H«nry Kettleman, forgery, 2 years in state prison William Jones, burglary, 2 years in state prison. James Dailey, burglary, 2 yenrs in state prison. Charles Howard, burglary, 2 years instate prison. Walter Cherry, burglary, 2 years in state prison. William Delaney, burglary, 2 years in state prison. Frank Jordan, burglary, 2 years in state prison. Harry Gray, burglary, 2 years in reformatory. Charles Smith, burglary, 2 years, In reformatory Thomas Evans, burglary, 2 years in Michigan City prison. Joseph Brown, assault and battery to kill, 2 years in reformatory. A Great Slaughter SALE OF FINE WINTER SHOES Which must be closed out at one-third their value to make roofc. for our large Purchase of Spring Goods. These shoes are first claw and mast sell. v " '.7 Come while the sizes are r hers, and get your choice. W1HTER. Shoe Store, 510 Broadway, AN INDIANAPOLIS MAN Burned to> Death In ft Hotel Fire at Gioversdale, N. Y. Fire Lives Lost Including: E. C. Ktm- half, Wife and Daughter. Special to the Pharos. Glovereville, N. Y., Feb. L—Th» Alvord House, the largest hotel 1« this city, was destroyed by fire thh morning. Every room in the bnlUU ing was occupied and many narrow escapes occurred. Five lives wei« ost, including among them X. 0. Kimball, wife and daughter, of !•• dlanapolis. Once Lived in Cms County, Indiana. John Lawler, of Cass county, Ind., once owned some mountain land ta Missouri. This land has long ago beei sold for taxes, but he or his helw , may be able to recover something' jtf -j by acting at once. ' '• Any person kiowlng of John La*- ler or hlis heirs will confer^* favor 0» them by sending me their addrew at once. DA^HKL HUKTT, Van Buren, Mo. Don't Wait But come now before sizes M* broken in Shoes and get yonr Choice of any Shoe in our Slow FOR £l»^ CA CASH. .Notice. The Woman's Christian Temperance Union will hold their regnlar meeting tomorrow afternoon at 2:30 in the Home for the Friendless. The department subject is "Christian Citizenship," Mrs M. J- Stevenson leader. A club will be "made up for our state paper, The Message, All members will please come prepared to subscribe.—Secretary. $3.50 T,hi s imcludes Leather Lined. Box Calf, Enamel, Patent Leather, Vici Kid, and Winter Tans. AJ1 the Latest Style Toe* tad Best makes in the country. Martin McQuarry is visiting at Fraoktort. The Weather. Generally fair tonight and Wednesday; warmer Wednesday. Stevenson & Klinsick. Broadway. \

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