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Athens Daily Messenger Newspaper Archive: January 17, 1912 - Page 1

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Publication: Athens Daily Messenger

Location: Athens, Ohio

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   Athens Daily Messenger, The (Newspaper) - January 17, 1912, Athens, Ohio                                Not many unadvertised business opportunities will be considered by people who have mono to invest, in this city this week: WEATHER or rain tonight and probubly Thursday; warmer tonight. Colder in west part. THE HOME PAPER OF ATHENS AND ATHENS COUNTY, OHIO. VOL 43 ATHENS, OHIO, WEDNESDAY EVENING, JANUARY 17, 1912 PRICE TWO CENTS >T SERVE TERM PENITENTIARY Circuit Court Today Found no Error in "Shotgun" Smith Case The January term of the circuit court for Athens county was adjourn- ed sine die this morning after Judge Sayre read the court's opinion in the case of "Shotgun" Smith. This de- cision will result in Smith serving out the remainder of his 10-year term ijpgjthe penitentiary unless he is par- doned or paroled, as the case will not bp carried further by his attorneys. The circuit court held that the ver- dict of the jury in the Smith case was sustained by the weight of the evidence. On the proDosition that tlie prosecuting attorney had made improper statements to the jury, as alleged by the defense in an affidavit filed at the time of the of a motion for a new trial, the court held that this affidavit was not a part 01 the record and therefore could not be considered. The court said that the supreme court had held that all such .affidavits must be made a part of the record in the cube. The ciicuii, uouil has no power to order a record chang- ed, if it is now correct and therefore the sentence of Judge "Wood was af- firmed. At 1 o'clock yesterday afternoon Judge Walters gave the decision of the court in the road appeal case of JaUMsa Woodgerd against Clarence Kerr. Kerr won in the lower court, showing a prescriptive right to use a certain road which. Woodgerd claims ia -on his property and is private. Kerr filed a supplemental petition yesterday in which he disclaimed all rieht'to travel the road, since he had sold'his farm ad joining- Woodgerd. Judge Walters statW'that in the petition Woodgerd did not ask to feive his title' nuieted but only want- ed Kerr enjoined from tresspass. The it-stood'yesterday was main- ly a" question costs. He held that since Woodgerd would be obliged to pay the costs in the lower court and since Kerr had 7iot advised Woodserd that he wanted the case ended'be- fore it was brought to the circuit court that Kerr would have to pay costs in the higher court. The petition was dismissed. Both sides took exception to the holding of the court. Presiding Judge Jones in the Lynch divorce case, in which, the dictum ot the circuit court was asked regard- {Ccntinued On Pace Three.) WILL TO MOTHER Vestments of Catholic Priests in Brown Memorial are Claimed Eev. Fr. .T. T Banahan. pastor o; St. Paul's Catholic- church, of this city has taken towani securing three robes or Catholic priests the THAN SPENT ON Of Athens County in 1910- Bridge Expenditures Reach in the Brown Memorial Collection ot ;he O. IT. Museum, for restoration to the church. The publication in The .Messenger some days ago of tin presence of theFe robes in the (oiler tion made by the late Lieutenant Brown in the Philippines, broinrlu the matter up. Lieutenant Brown secured the rcibes from a Catholic priest in ilie Philip- pines, the priest having been shot, evidently while at the altar of his. church. One ot the robes shows aj bullet hole surrounded, with blood and as such vestments are only in the sanctuary of the church, the priest wlio wore them, must have been at the altar, when he received his fatal wound. Lieutenant Brown, according   Jn'shway commissioner the (.'ounly coiuinissioners. has just been filed. Seme higtily interesting data is to be found in this which is signed In the County Com- missioners and County Suneyor C L. Creamer. The liUO expenditures on the road-; and bridges in Athens county Amount expended by rownship trustees and county rommiHaioners on new construction ol roads was The amount expended by township and county commissioners on repair of roads was S40.41S.4fl. Thus it is seen that nearly eighty times as much, was spent on road re- pair than en roads in Athens county in lino. The disparity shown in road ex- penditures in this county last year is not found in bridge The township trustees and commis- sioners spent in on new bridges and culverts and on their repairs. The names of the principal roads of 3-4 miles; Jersey- Amesville, 15 C'-4 TRAGIC FHI Brother of William Jennings Burned to Death in Far West San Bu-iuii-fiino, Cai Jan i -lolin S. Jennings, for tuny yeat-, a well khov.-u desert prospevtor. perished in a fire thiit desi royt-d In.-i Iinle home near Parker Sta- tio.i, yesleulay. His charred re- mains were found when the fire had burned itself out. He was 72 years of age, and vras to have been the oldest miner and prospector on the desert. be robes, chalices, etc., to the Calh- l11 Preparing this report it is found 3lic church and when it was explained that Because of the chaotic condition o him he gladlv returned them to the of tllc rccordB of roads established years asro, and the- fact that thera is no accurate county map in existence, Mrs. William Ring Dead. Word has been received here of ,he death of Mrs. William Tling, who died at her home in Worthington. on shov.'ir.g the roads of the county, that it was impossible to make this report and map as accurate as it should be. The report shows Saturdav, January 13. of heart trou-j ble. Burial was made Tuesday atUK> highways miles of Athens county, of which ble Burial was made Tuesdav iue Pike' IK addition the >vew Albany. Rin? formerly re- -ires an enumeration of the inrincipal used their condi- sided here. _____________ tioii as to matter of repair, travel. V N C. Club Meets. [fharacter of materials, width of road- The V. N. C. club met at the established width and many UL Misses Bella atiu Blanche cletfuls- whether with expendt- wald Tuesday evening. Club for construction and repair of present were Bertha and Blanche roacls' and for construction and rc- Tohnson, Lura, Mvrtle and Hazel of culverts. This re- Mvnle Mitchell, Blanc-be and i ls accompanied by a map ot tne rounty, giving accurate location of all the roads, state, county and town- Delia Finsterwakl. Besides club members the guests were Messrs." Church. Clark, nOpr.! sll'P- showing in different colors the Fulwider. Rowland. Hedges and Ora- various materials fd. if which compos- EAR FROM Former Employee of Local Restaurant Taken by Typhoid Fever E RURAL DELIVERY Assistant Postmaster Gen- eral Makes Recommenda- tions to Department Word was received here last even.- ing of the deatii of Stephen Kapadais in a Parkersburg. W. Va.. hospital The young man. who has been em- ployed here at the Atheneon restau- rant, has been in poor health for some time and two weeks ago went to Parkersburg. expecting: to recupe- rate and then ,eo to friends Xcw Tort: city. However, typhoid fever, from which i his physicians say he has been suf- fering: for some time, laid him low, and he was in the hospital until his death. He had been in this country less than a year, having come here from Smyrna. He ieaves a brother, Xicho- !as, employed here at the Atheneon, his mother and one mister in the country. Mr. Anton Feffis and Mr. John Tinios -will attend the funeral in Parkersburg today. The above clipping: from the Ixjs Angeles Times was sent to The Mes- senger by County Commissioner .lolin P. Coe, of Albany, and tells the tragic end of a former Athens county man. John S. .lenningB was a brother of William Jennings, who was burned to death in his little home at Min- eral about a year ago, and who was thought to have been murdered. The aged brothers thus met almost idcn- tirally n-agical deaths, and aboiit. a year apart. They have another broth- er, Sam, who lives in Columbus, and as far as is laiown, is the last, of the family, which lor years lived in Ath- ens county. John S. and William Jennings join- ed Company C, of the QCth Ohio Vol- unteer Infantry Regiment at Albany in 1SG1 and both served through the Civil war. In. the same company were L. Hawk, of Xew Marshflcld, and Com- missioner Coe, of Albany, as well as a number of other men from that part, of the county. At the close of the -Tannings went West to prospect for gold. For years and years none of his relatives or com- rades heard from him and did not knew whether he was dead or alive. One winter 'Commissioner Coe is in California, he heard of. John Jennings through a of the Gth Ohio, learned bis address and ,ave it to his relatives. Letters were written to him but no reply was ever received. The above clipping is the first au- thentic news heard of him in half a century. flFFLECTED LEFT TO MERCUF SM Relatives of Over 1200 Wards of Ohio Cannot be Located BEARS 120 YEARS PROUDLY UNCLE BILLY PEYTON Of Wsshingion County, who has records proving his claims that ho passed century mark a score of years.ago. (COURTESY OF OHIO STATIC Washington. D. .Ian. re- port ot Fourth Assistant Postmaster General I' V. DeGraw made public today, contains the following rerom- iiiendationf: That ac-tioii be taken to secure imi- fcrmiry in mail boxes ar.d posts in toe rural mail service. That a higher grade examination for the position of rural carrier be required so as to render em- ployees elisrible to transfer (o other positions in the postal Her vice without Further examination. That provision be made for an auto- matic increase of rural carriers' arics in recognition of length of ser- vice. That appropriate legislation he en- acted thar extend to rural car- riers the existing laws wbirh. author- ize the Postmaster General to pay the stim of "to the legal rep- resentatives of a railway postal clerk Columbus, Ohio, .Tan. in the various state institutions aiv more than defect ix-e, delinquent or dependent wards of the state who have been abandoned by their rela- tives. For more than a year the members of the State Board of Cnarities have been conducting a persistent search for the relatives of the inmates of state institutions. The records are supposed to show, when an inmate is received, the iiamp and address of relatives who are to he notified when any information is to be imparted. Clerks have gone over these rec- ords, some of them than a score of years back, and compiled a list of relatives to be notified. Letters have been sent to these asking the present addresses for the puinosf of bringing up to date the institution records. In cases where no reply was re- oihcr were sent, and ei.cn the aid of the foumy and city officials have been imoked. but with aii the work that has been done, thi' boaid has been unable 'o fret in trnch with one quarter of the relatives. Tnei-e are more ihnn 2.000 jnmntcs who have had their records thus checked, and out of that liu state has been able to bear from 1ecs than The other relative ho either left the moved to oth'-r sertions of state. 
                            

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