The Daily Republican from Rushville, Indiana • Page 1

en 7ou Have Any News Telephone Number S3. EVERY EFFORT Made to Give You A Real Newspaper, Vol. 3 No. 23. Republican.

RUSHVILLE. IND. MONDAY EVENING. APRIL 9, 1906. Single Copies, 2 Cents.

THU HE MADE ERRORS OH THE HOOK George R. Kelley Another of the Experts Was on Stand E. B. Thomas Denies That He Assisted Mr. Irvin.

Phil Wilk Rests at State in Begin Kelley Says Sexton Never Told Him Association Was Insolvent. I By Staff Connersville, April to the late arrival of Judge Gray from Brookville, court did not convene in the Sexton case this morning until IO: 85. The defense examined three witnesses this morning. Judge Will M. Sparks, who was the first witness called, testified that before he formed a partnership with Mr.

Sextan, the office was located just across the hall from his. He said that he formed a partnership with Mr. Sexton December 29, 1896; that he purchased half of his abstract books, and for keeping the books of the Equitable building association received half of Mr. Sexton's salary, which the latter retained until Mr. half of the abstract books was paid for.

He said that Miss Alma Mauzy was In office at the time he went in. Mr. Sexton, he said, was never In tho office during the summer time. Judge Sparks said that the 30 was placed before the 2 in Rufus account merely to balance tile account. He said that he made the totals in this account and corrected the error in the January, 1899, balance bv deducting $300 that had evidently been added on by mistake.

He said that daring the time he was in Mr. office he made all the footings on the books. He said that the interest and premium account on the books were carried up to 1898, when nuder a new law the premiums became interest. He said concerning the $128.00 credit on the ledger, but not on the journal in Orla Churchill's account, that the figures on the ledger were his, but he did not remember the transaction, or of ever seeing Oral Churchill. He said that the money was paid by check, and that the check had been deposited in bank, for ho had seen the deposit slip and the entry on the hook for It.

He said concerning the Catherine Geraghty account, thht it was in his but that he gave proper cradle for the $32 on the legder, although but $26 had been entered on the journal. Judge Sparks explained that the $57.15 not accounted for on the journal, but entered on the ledger iii Hattie account, was for delinquent taxes. He said that he bought the Roberts projierty, closed her loan aud transferred it to his own account. He swill that he issued an order for the $57. 15 on the association, charged it to his account and afterwards paid it.

lie said that Riley Males paid $200 into the association, that he properly credited for it on the ledger, notwit hstandiug the jourual only showed $180. said Judge Sparks, with asmile, I did not get the $20 difference. Concerning the alleged shortage of $56 in Mrs. John Boland's account, he said that Mrs. Boland had the habit of depositing money in the association ODO day and then drawing it out the next.

He said that at the time in question she had in the association; that she came in and deposited $50 more and then came back shortly afterwards and drew out the whole $56. He said he issued an order to her and charged the withdrawal on the ledger, and that it was his error in not posting it on the jourual. Concerning the alleged shortage of $200 in Ed Buell's account, he said that from July, 1S99, to January, 1900, Mr. Buell had $30 95 that in January, 1900, bepaid $200 more; that Waiter E. Smith creditd both amounts as one.

but the totals figured up correctly, and therefore there were no He explained the alleged shortage in account in the same manner. He said that the difference of $2.00 between the journal and ledger in Nellie account, was due an error made by Walter Smith in posting the book; that he knew nothing about it. He said that the fignres in George account were his, bnt he did not know, he said, how he came to make the error in posting the books. Concerning the alleged shortage in Wallace account, he said that Mr. Morgan purchased from the association the Homer Cole property and paid the delinquent taxes.

told Mr. Morgan, he said. I would not give him credit on the ledger as I did not receive the money, but that I would carry forward the taxes on the profit and loss account on the journal until the next six months' period, No money changedfhands in that The witness explained that the alleged shortage of $5 OO in Charles account, was due to an error on the part of Walter E. Smith, but that he corrected it at the end of the six period, and gave Mr. Hugo proper credit on the ledger.

He said tile same of the alleged shortage of $1.00 in the Jennie Gilson account, accept that it was not in his hand writing, and that he knew nothing farther about it. He showed that the journal and ledger corresponded in the Michael Davis account, and that there was nothing wrong with it. Concerning the alleged shortage of $2200 in Emily account, he said that Mr. Irvin had written on the book that order, which he named, should be charged to this account. The account was a deposit account, and was made in throe different payments.

The order mentioned by Mr. Irvin, he said, was given bv the association in payment on the note, and it should not be charged to the deposit account. On cross examination Judge Sparks said that Walter Smith and Will Mo- Cdg in did most of the banking and that he put all the money he received in the cash drawer. you know who took the money from the cash Prosecutor Bassett asked. in every the witness replied, was not there all the He said that he never knew Mr.

Sexton to do any of the hanking himself. He said that he did not kuow who put tile 80 before the 2 in Rufus Seward's account; that he made the addition on this account before the 510 was put there. He deuied that in last January a 5 was where a tim i had been. He said that the account was the same as it was when he saw it last summer. He said that the era sures were made on the account after he had charge of it.

He said that no order was issued for $302. He admitted that the changed, figures would tend to increase the; assets on paper, but said that no money changed hands. He said that he did not know who collected the $156 on the Churchill account or the $6 on the Catherine Geraghty account. He was asked if Mrs. John Boland, with her sister-in-law, did not come to the office one day and ask to withdraw her money, and that he started to draw an order for her, when Mr Sexton refused to grant it, saving that he was getting tired of people coming in there aud depositing money, then withdrawing it right away.

The witness said that he did not remember of it, and that he did not think that any such transaction had ever occurred. He did not remember, he said, of Mrs. Boland assigning her passbook to Mr. Weeks, or of his drawing out her money. E.

B. Thomas, who was the next witness, denied that he assisted Mr. Irvin in auditing the books in any sense. He said that he was working on another set of books at the time, but at Mr. request he stopped at the hank one evening.

He started to tell of a conversation in which Mr. Irvin told him of his plan of investigation. The attorneys objected, and after a heated argument between the attorneys on both 'sides, Judge Gray sustained the objection. On cross-examination, Mr. Thomas admitted that he looked at the Equitable books three times at Mr.

request; that he pointed out some of the discrepancies, that they talked about them; that he checked up the figures for one period, as Mr. Irvin called them off, but he said that he and Mr. Irvin did not agree as to all of the entries. On re-direct examination he said that he was of the opinion that some of the items ought not be charged to Mr. Sexton, while Mr.

Irvin thought that they should be. On cross-examination he was asked what items these were. One of them, he said, was $500 in Z. E. account, and the other was a $1000 item.

He said that Mr. Irvin told him that he had talked with Mr. and that Mr. Mauzy said that he knew nothing ahont the transaction. After Mr.

Thomas was excused, George E. Kelley, the last of the exerts, was called. Mr. Kelley said that he was secretary of the Mutual Buildiug and Loan Association for four years, and that he had examined part of the Equitable books about March Isl. He said that he gave Mr.

Sexton credit for the pencil entries on the margins of the Nancy Thomas, Sam Rainey, Martha Grigsby and John His testimony was practically a repetition of that of the the other experts. MONDAY AFTERNOON. Mr. Kelley was asked this afternoon by the defense if lie had computed the amount ot borrowed money from the books of the association for the time previous to Mr. election.

He said that he had and he read the amounts from the bank book, saying that he checked the orders with Messrs. Payne and Sexton. On cross examination he said that the association, of which he was secretary, became insolvent after being in business three years. He did not know what the totals were on each book, notwithstanding that he had testified that he made his examination from the books. He said that he had spent but three or four evenings on the books and had not computed the interest.

E. B. Thomas was then recalled and testified over the objection of the State's in company with Messrs. Watson A Tits worth attorneys for Receiver Moor, went to Shelbyville at the request of Mr. Moor, and asked Mr.

Gntbeil to make his examination bv six months' period, so that the receiver could tell just when the association became insolvent, and to give Mr. Sexton a chance to explain, in case discrepancies were found the hooks. He said that Mr. Gutheil told them that he would send for Mr. Sexton before reporting On cross examination he was asked if his chief object in going to Shelbyville was to look into the dividend question.

His answer was that this question was discussed while they were there. Phil Wilk, who was the next witness for the defense, said that at the request of Donald Smith, Mr. successor as secretary, he examined the books and checked up the accounts for one period. This was at the time that Mr. Sexton went out of office.

He said that he found by the jourual and disbursement ledger, which were the only books he examined, that the association had on hand $1384.18. On cross-examination he said that he did not remember of seeing the pencil entries on the margin of the Louisa Hearn and other accounts on the journal at that time. He said he did not remember whether Mr. Sexton called his attention to them or asked credit for them or not. They were not included in his reports.

On figuring up the journal and including the pencil entries, he said that he found an increase of $10 over the report he had made. Attorney Conner suggested that he had made a mistake in his former report. said Mr. Bassett, IO may have been placed there since that time. pencil entries show for said Attorney Conner.

some pencils are remarked Mr Bassett. Attorney Forkner then put in and said, lie, gentlemen bnt mime liars will said Attorney McKee, did yon learn thai, asked Mr. Forkner. learned that when I got acquainted with yon. replied Attorney McKee.

This caused considerable laughter. Mr. Wilk had been going over his figures while these remarks were being made, and he said that he found that a difference of ll between his report and the books as they are now. On re direct wit ness said that he made his examina tion in the back ropm of Mr. office.

He said Mr. Sexton came in once or twice, bnt made no suggestion. Attorney Conner then announced that the defense would rest its being 2 30 REBUTTAL TESTIMONY. Alvan Moor, receiver, of the association, was the first rebuttal witness for the State. He stated over the objection of the defense, that the $501 pencil entry was not on the margin of the John Manner account when he first received the books.

On cross-examination he said that Phil Olinger had called his attention to the Mausner mortgage and it was through the mortgage that he found that the entry was not on the book. On re-direct examination he said that at no time did he intimate to Messrs Irvin and Gutheil that the re suit of the examination would be nsed in the Sexton case. He said that he never told E. B. Thomas and Attorneys Watson and Titsworth to ask Mr.

Gntheil to allow Mr. Sexton to examine any discrepancies found on the books. On cross-examination. Attorney Forkner accused Mr. Moor of assisting the prosecutor in the Sexton case and of pushing it, so that he might use some of the evidence in his civil snit against the directors, and bv bringing their attorneys and stenographer here to take Objection was entered by the State and heated arguments were made by Attorneys Forkner.

Bassett and Kiplinger. Deputy Prosecutor Kiplinger stated in his argument that Mr. Forkner had been retained to assist in the prosecution of the 20,000 damage suit against the directors in case it was venued to Henry county. The objection was overruled, and Mr. Moor denied that he had assisted the prosecution in any way.

Ed Kelley, who had been a director iq the association since 1899, testified that Mr. Sexton had never told him at any time that the association was insolvent. The State subpoenaed all of the directors. They were in court this afternoon, and it was asserted that they woald testify as did Mr. Kelley.

The case is now drawing to a close and will likely go to the jury tomorrow evening, or some time Wedneeday. arguments will begin tom or Several hours will be given each Prosecutor Bassett, it is will open for the State. OF THE CM CUI! 130 Boys Join, Making Rush County Club One of the Largest in the State. The row. side, stood, The meeting of the Farmer Corn Club, Saturday, was a grand success and largely attended.

Those who joined are noted by townships as follows by Supt. W. O. Head lee, who announces that "any boy who cares to join may do so within the next two weeks and that seeds will be given him daring that time: Aldridge, Donald Miller, Clarence Wiley. Abernathy, Lowell R.

Bowles, Raymond McDonald, Herman Stevens, Grant Oldham, Fred Dairymple, Earl Jones, Gail McBride, Albert Armstrong, Harry T. Newhouse, Walter Fowler, Everett Stevens, Claude Rhodes, Ola Apple, Virgil McBride, Wayne Steele, Glen McDonald, Herschel Oldham, Ralph Oldham, Ralph Lord, Paul McDaniel. Ellison, Lowell Gartin, Clarence Sampson, Roy Beckner, Donald Sampson, Ora Beckner, Robert Ellison. Applegate, Earl Heeb, John Meyer, Johnny Murphy, Walter Norris, Paul Stewart, Clarence Stevens, Wilmer Stevens, Lowell Norris, Bernice Gutfin, Blaine Reeves, Paul Dewester, Jesse Pickard Thrall, Harry Willey, Orba Land, Clarence Alter, Wayne Alter. William Thomas Posey, George Posev, Everett Hester, John E.

Larmore, John lies ter, Eddie Sharpe, Sidney Rigsbee, Leaner Allender, J. Bagley. Besin Allender, Cicero Idaville. Chester Northern, Morris Bagley, Dave Gordon. Helman.

Willard Colter, Paul Green, Rex McHenry, George Moore, Chester Cox, Everett McHenry, Wallace Coos, William Scott, Willard Cook. Earl Moore. Harold Moore. Catt, Paul Norris, Noble McKinley, Andrew McKinley, Orville Narvel. F.

Stuttlo, John W. Lower, Elsa H. Hilligoss, Wilbur Mahan, Fred Mahan, Chase Ruddell. C. Travis, Earnest Hall, Paul Danbenspeck, Rice Bishop, Carl Wilson, Kanerda Jones, Tom E.

Logan, Donald Kiser, Waldo Ging, Chester O. Manzv. Herschel Peters, George Peters. Hester, Donald Mull, Verl Bebout, Rue Millier, Carl Miller, Oscar Kulm, Fred Inlow, Dennis Grocox, Fred Shelton. Charlie Patterson, Wilfred Grocox, Albert Reddick, Claude Rigsbee, Chester Dearinger.

Leslie Mull, George M. Lowden. Washington Eugene Hemmer, Thomas McKee, Eddie Dyer, Merredith Hall, Francis Knecht, John McKee, Charlie Eskew, Earl McKee, Bernard Laughlin, Horatio Morris, Archie Bell, Charlie Bell. FRANK LEWARK HAS RETURNED TO HIS HOME A Greenfield special to the Indianapolis News says that Frank Le wark, the contractor, who took a sudden leave from Greensburg several months ago. leaving a sewer contract half complete, also many unpaid debts, has returned to Greenfield, and that his financial difficulties have been straightened out.

Le wark says that he has been working at his profession, that of a civil engineer, in Pennsylvania, since leaving Greensburg. OVER THE BILL Congressman Watson Besieged With Inquiries From Federal Employes. CHARISE IS FUST DHF MURDER Sixth District Congressman Returned Yesterday From Washington. Frank Thurman, Colored, of New Castle, to Be Tried For Murder of Bailey. After investiagting the death of Reuben Bailey, colored, the grand jury at New Castle, Saturday, returned an indictment charging Frank Thurman, a son in law of Bailey with murder in the first degree.

Thurman was originally arrested on a charge of assault preferred by Reuben daughter, a sister of his wife, and in a partial confession a few days ago practically admitted the crime. Bailey was poisoned by a drug in his coffee. IS IHE VICTIM OF I COURT HOUSE NOTES I' CHURCH NEWS 4 The Ladles Band of Workers of the First Presbyterian church will meet at the home of Mrs. Ben L. Smith on North Harrison street Wednesday afternoon.

4-Rev. W. Sniff conducted the regular services at the Main Street Christian church yesterday. He chose as his texts, Manifest in the in the morning, and at night, and the Future 4 Yesterday was Palm Sunday and was observed in the customary manner by the St. Catholic The services, which were in commemoration of triumphant entry into Jerusalem, were attended by large audiences.

At the United Presbyterian church yesterday, Rev. W. P. McGarey conducted the regular services, preaching in the morning upon Thanked God in Good and in the evening upon, Greater than the which were attended by interested congregations. Communion services and a reception of members was held yesterday morning at the First Presbyterian church, conducted by Rev.

T. H. Connell, who preached both morning and evening, using as his texts, and Constant Johu Grubbs, 75 years old, a retired grain dealer, has been declared insane by a board of inquiry made up of J. E. Keeling and F.

Randolph and Justice Worland, of Waldron. Grubbs was an old elevator man there, bnt has recently shown many signs of in sanity. He was followed by the delu- sion that fires sprang from various parts of the bouse, and that someone was continually boring in the floor. Often he would storm about the house talking to men. who he imagined were driving through the house.

Once he was seized by the delusion that a neighbor was digging a ditch through his house, and at another time that an elevator man was attempting to throw meal siftings into his eyes. At times he ce came vicious and abusive. In his healthy normal state Grubb was a quiet inoffensive man. He owned property worth $15,000. Application for admittance into the Central la-, sane hospital will be made.

tun! IMM Through Attorney Judge Douglas Morris, today, Jennie Small Reason et a1, filed partition suit against Samuel Small et a1. Through her attorney. Howard E. Barrett, Anna Stuttle, today filed snit in the Rush circuit court against Irene Miller, for an account of $789 OO on demand for nursing and care of Irene Miller, the defendant. The case will be tried during the April term of court.

Through his attorney, Judge Douglas Morris, Amo G. Haehl today filed snit for a divorce from his wife, Lorn M. Haehl. The plaintiff was married to his present wife, whom he declares in his complaint, is of bad character, and tha she is in the habit of becoming intoxicated and associating with other men than himself for 28 years and that one child, a son, aged 5 years, was born to them and that she being an unlit person to care for the child he asks the custody of the same and a decree dissolving them from all bonds of matrimony with all further proper relief. Both are well known people of Walker townhip.

The case is set for the April term of court. Owen L. Chirr and A. Stewart have traded a farm in Kosciusko comity and real estate in Indianapolis for 116 acres of the Theodore Morris land, along Little Flatrock river, to Dr. Hamlins, of Indianapolis.

Concerning a former a resident of Rushville, the Connersville Examiner, of Saturday, says: Bogue, a popular and well known young man who is employed at the Morgan Eddy barber shop, will go to Fairland in the morning, where he will claim a pretty young lady for his bride. He will be married Monday afternoon to Miss Sadie Miller, an estimable young lady of that place. Mr. Bogue and his bride will return to this city Tuesday and will at once settle down to housekeeping in a cozy little home on West Seventh street, which has already been furnished for their occupancy. Mr.

Bogue is an industrious and highly respected young man with a large circle of friends, who will extend their best wishes to both in their matrimonial M. election as president of the French republic cost $6000. His salary it a mouth. Representative Watson, who in company with Robert E. Mansfield, of Muncie, United States Consul General to Valparaiso, Chili, who is to wed Miss Fannie Gowdv.

arrrived home from Washington, Sunday, is being with inquiries from the army of federal clerks as to the detailed provisions of his proposed bill requiring male employes of Uncle Sam to go nome to vote at general elections. am said Mr. Watson, in diicussing the bill, if some ot tbs fossiliferous government clerks were required to go home and vote they would acquire a touch of patriotism that improve the public service immensely. Under civil service as it is now operated, patriotism is at a low ebb in the departments. This was shown at the outbreak of the Spanish-American war.

When patriotic young men all over the country were champing at the bit in their eagerness to take up arms for their country, not a single man in the classified service in Washington offered to volunteer-not one. The records will bear in this Mr. Watson is receiving a great deal of ncouragement from members of congress who do not like the present civil service system. When asked as to the exact provisions of the bill which he intends to introduce, he mid. of the details remain to be decided upon at conferences which will he held later, but in general the bill provides that there shall be a theoretical examination of each applicant for admission to tho government service, Hie examination to be directed solely to determining his fitness for the particular work which he has to perform, lf he passes this examination the head of the department will take him on six month's probation.

If during that time, he demonstrates that be is a practical and nsetnl government employe, the department head at the expiration of the six months will appoint him to the position which he has been holding temporarily. His appointment will be for a fixed period of six years and no longer. At the end of six years without any action of anybody, he will cease to bean ploye of the government and it will require the affirmative act of reappointment by the department head to continue him in the government service. This bill will provide for the abolishment of the civil service commission. examinations to determine the theoretical fitness of applicants wiU be conducted by the heads of the various departments.

I am satisfied that this plan would operate immeasurably for the good of the pnblic service, ll would furnish an easy and convenient way for the heads of departments to get rid of the which now weighs down the service in nearly every bureau in every department. Clerks would cease to be mere machines bat woald be put on their mettle, so to speak, well knowing that unless they did good work they would be dropped from the rolls at the end of six years from date of their Mr. Watson is very much in earnest in this matter and it is believed that if the civil service committee of the house should undertake to smother the bill, he will move to discharge the committee and bring the bill before the house. Mr Watson, who is thoroughly in touch with what is going on in a legislative way, predicts that Congress at this session will authorize the construction of cue new battleship of the most modern design. Mr.

Watson attend the State coaration in company with Mr. Mansfield and Mr. Gowdy. He says Congress will adjourn about May.