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Evening Independent (Newspaper) - November 10, 1909, Massillon, Ohio THE EVENING INDEPENDENT LAST XXII No 166 MASSILLON OHIO WEDNESDAY NOVEMBER 10 1909 PRICE ONE CENT mm TIL BLOCKED TH Delay Grows Out of a Legal Dispute WANTS DEFENDANT ON STAND an indictment charging the embezzle ment of of county funds while treasurer of Stark county prob ably will begin Monday afternoon November 29 It has not been defi nitely determined whether Judge Harter will again preside or whether Judge Hole will hear the case At an informal conference of at torneys it was practically agreed it is stated to continue the case over next week A special venire of new jurors will be necessary because the present venire was exhausted at thj first trial This will require several days to arrange and the continuance would also give an intermission of one week following the end of the Panella case CONCERT Appreciative Audience at the Presbyterian Church GARFIELD CLUB TO FEAST Counsel for Defense Claims That Mrs Panella Cannot be Put on Stand as State Witness and That Such Action Involves Reopening of Case Special to The Independent Canton Nov rebuttal tes timony of the state in the trial of Louisa Panella charged with second degree murder in the killing of her husband Tony Panella and Clara Pizzani was blocked at the very be ginning of court Wednesday morning and the forenoon passed without the examiation of a single witness The delay grew out of a legal point raised by counsel for the defendant in an ob jection to the states recalling Mrs Panella to the stand to give further testimony as lo her visit to the scene of the tragedy on Sunday night Aui gust 1 or probably fourteen hours af ter the murders and her alleged de tailing of the crime then to officers Counsel for the defendant announ ced when court opened that they rested ProsecutorKrichbaumimme diately requested thai Mrs Panella take the stand for crossexamination This caused both Judge Craine and Luther day for Mrs Panella to streiir uously object They claimed that tho state could not put the defendant on the stand as its witness and that the fact that the defense had rested precluded a further crossexamina tion Judge Craine said itwould ba a reopening of the defense and that while the court might permit thestate n to reopen its case in chief the stat utes did any authorityJbr reopening the defense by the states attorneys Prosecutor Krichbauia said that he wished to attack thecredibility of Mrs Panellas testimony concerning the visit with other witnesses who would testify that at that time she re called every detail of the crime which she stated on the stand as a selfserr ing declaration to have been a blank and a dream He said that she hat reenacted the tragedy and showed the officers how it was committed Chief of Police H W Smith and De tective Ed B Bour had been subpoe naed to testify concerning the visi of Mrs Panella to the house on night of the day of the crime Judge Ambler said that he desired the state to show some authority to substantiate its right to reopeu the defendants case before he would feel like holding so It is a question of compelling the defense to reopen its case said the court We contend that it is within the discretion of the court to determine whether the defendant would be pre judiced by the reopening of the de fense said the prosecutor have sufficiently laid the foundation for the testimony It is not necessary to show the exact placeand time to prove a cpntradiction We contend we have the right to introduce testi mony that controverts what she claims in showing sanity or insanity We contend that the statute does not permit the reopening of the de fense by the state said Judge Craine In the regular crossexamination of Mrs Panella the word there was used in reference to the place where the crime was committed and her visit in company with the officers This it is claimed by the defense was not sufficiently specific as a founda tion for contradiction Mrs Panella had testified that she went there for herclothing but did not remember REMEMBERS WHEN William Maxheimer Recalls Adam Poes Funeral THE PROGRAMME PLEASED ALL OCCURRED SIXTYNINE YEARS AGO He Has Set at Rest Doubts as to Whether or Not the Right Grave Had Been Bronze Tablet to be Erected on Boulder Doubt as to whether or not the grave in Sixteen cemetery west of Such an Organization Consid ered the Acme of Perfection in the World of Soloists Encored After Their Numbers The audience at the Presbyterian church Tuesday evening heard music produced by that form of organization acknowledged to be the acme of per fection in the world of string quartette It was not compare its programme with that of the ultraclassical orthodox but the numbers included in the two hours entertainment were excellent examples of what might be termed ancient and modern orches tral classics The variety lent by the solos made the programme one of the most pleasing ever presented here hi order that a string quartette at tain success its members must prac tice together for months Pour of the greatest virtuosos in the world would make a complete failure were they to attempt to get all there is in for in Organization Names Dick Toast master of Banquet Akron Nov aro being made for the annual banquet of the old nineteenth district Garfield Republican club to be held In this city Friday evening November 19 This is usually a gathering of bo leading Republicans of the old dis trict Senator Charles Dick will be the tonstmasler but the name of the principal speaker has not been an nounced Portage Lake Mahoning and Ash tabula counties will bo represented on the speaking list Geauga Summit and Trumbull having furnished the speakers last year EEP THE HE SMS Elm Urges That Merchants Offer 700 Families Inducements mittee with a large boulder is thatsented Tuesday f hey wee of Adam Poe who in 1782 killed Big to a t ffl Foot the Wyandot chief just as the alter was about to shtibt his brother Andrew the famous Indian fighter ble practice After they have eradi bated the technical defects the mem WILL mm UNO Quadrennial Appraisers Must Decide on Basis SUGGESTS REFUNDING OF FARE THEY Will MEET NEXT WEEK Discusses Plan Whereby Dealers Would Pay Transportation Back and to Question of Annexation of Ad jacent Territory President E C Merwln of Hie board of trade wants lo save to he city the seven hundred families of W L E railroaders who unless inducements to remain in thin city are offered may move to I3rewsler eight miles south which tho company has made a new terminal Working with him is a com posed of 1 J Wise chairman W 13 N Hcmpcrly Andrew Reese Albert Shaidiiagle and W A Sonnhallur Together they want to interest the merchants in the hope that they will take some steps toward holding the trade of a large and important por tion of the population Mr Merwiu thinks that the question of annexation of territory adjacent to the city Hue should be carefully considered In terviewed on these questions today he said My opinion is that this is one of a suggest on that certain well popti lated districts on the outskirts he an nexed and made a part of our city cor poration before the decennial census next year It was suggested that the cily limits could be extended to in clude the asylum us is done in other cities where such institutions are lo cated also ho lOust end Columbia Heights and other sections that havo boon liuilt up and which may want the benefit of electric Sights rllv water police protection paved streets sidewalks city schools etc It is of course expeclnd that there will be some opposition to this on tlio part of some of ho people liv ing In those districts but it was thought by those who Introduced llio subject that the majority would be in favor of it as the benefits lo accrue from annexation would largely offset any features which might bo objected to and this is certainly an opportune time to take it up because if anything is done in the matter i should lio accomplished before lie next census o as to keep Masslllon bo second ity in the county I understand Al iancc has already annexed eonsidcr ible territory in an effort to place bat city in die second position DICK SMILINGLY Doesnt Know How Often Aldrich Voted With Him SENATOR FAILS TO LOSE KIS HEAD Said in Columbus That He Wants the Primary Law to be Given a Thorough Test The Issues of the Coming Officers Will be Elected and Plans fjr Carrying on Work Formulated How the New York City Method Which is Popular Operates The local board of quadrennial ap praisers composed of George A List the rnost matters now be J J Bast W B Martin E P Edgar fore the toaid of trade iim tolu and Charles Schaibley elected a week that thoro are ahoul Heven hundrocl ago Tuesday will meet at the city half filmlies MuBHlHon one or bers of such a quartette must play i during the latter part of next week nlore Ulemjers which are employe W HI HO I V durng a hand to andplay and j together until each along the banks of the Ohio near individual nart so thoroughly lm Upon nt vpntst liv i Pttsbur0 lias been set at least by mersed in th general harmony that William Maxheimer a farmer living for the purpose of effecting organu by the Wheeling Lake Erie Rail west of the city whq remembers Adam Poqs funeral and bturial in 1940 Maxheimer was at that time ZZ years of age jthey pour forth their interpretation tion preparatory to starting work way Co Any olle who wi muke il Members thin morning were unable tri to Bewstel will at once see that as one instrument With the first Quartette in C number Mozarts Major the quar tette undertook the interpretation of to say what methods of appraisment there are no provisions for housing would be adopted because the factthese at Uuit lilco that that no informal conference lias is not lhcly lo llc any held Officers will be elected anl plans for carrying on the work will there for them in the near future While Senator Charles Dick was In Columbus hi attendance upon the con vention of the Ohio National Guards of which be is major genera com manding he was asked Senator bow many times did you vote with Aldrich A committee consisting of J O dont recall bow many times Al chairman Attorney Melville drich voted with me was the quick Irchhofer Charles 0 Merwin and Jily Engineer Harold ilowald was ippoiuted lo take tip this matter con snltwith the council and city officials and report at the next board of trade meeting The officers of he board will bo ijlad to receive suggestions from cit izens concerning these matters So few attend these meetings that it seems necessary to get these matters before the public through the press Our next meeting will be held De cember 2 at which lime candidates for office next year will be announced and It is hoped that a large number of members will be present at that meeting Adam PnA fnnchfin the TfevnliiHnii yiaiiM lor carrying on uie worn will Adam Poe fought in one of the mostbeautiful classics of be formulated at the first ineetinu They hilvo no Btore8 churchea or aVv war a a rmtv nf an ntiritinnHnn I oe iilulaieQ at lie niht meeuilg aiy war as acopy of an application Us kindj It jg JJke a magniflcent panThe board must begm work on or houses and none of these men j who can possibly avoid it aro going GARTNERMOOWEU Quiet Wedriing Tupsday Fven ing at St Timothys Church A quiet but very pretty wedding oc curred Tuesday evening al f oclock at St Timothys church when Mlsti Maymo Gartner a sister of Mrs Au gustus Weaver and T E McDowell for a pension made August 31 1832 j at the department of the interior bu reau of pensions in Washington now in the hands of John S Erbi chairman of the committee which erected the monument shows A bronze tablet bearing dates anil facts will be erected on the boulder as soon as it can be made John John S Erb of th arama each movement corresponding fore January 15 to the changes of scene Sol Marcosson followed with a vio lin solo Gypsy Melodies by Sara sate in which he was accompanied by As an encore he played Humoresque The third One of the popular plans of api to live in Brewster but If they should praisement is a combination of tliat f oventlially make lnv8lonB at that originated a few years ago by W Alace for tllkinK care a laiKe Soiners of St Paul Minn and thelleiof leRe continue publicity plan lirst used by Peter Witt of Cleveland in his tax school j to trade in Massillon provided we can make some arrangements 1or fur Rauchenecker Mendelssohn and of New York and is known as the and George Heysel of this city placed the boulder In position As soon as the tablet Is in place dedi catory exercises will be held brielMarie were represented A cello New Y0rk city scheme of appraising solo Scherzo by Van Goens played irea by Charles Heydler came next When FIRST SHORTAGE DID IT Warriner Dates His Downfall From 000 Deficit FBy Cincinnati Nor PrPRS1 lOfExperts in feld is one of the composers and his modern Russian compositions In Tuesday nights programme savored of the dash and brilliancy of the num jbers usually played at a concert given charge of the examination of Charles by a full orchestra The number Li Warriner former local treasurer pleased the audience Tuesday eveu of the Big Four railroad who is ac ing cused of a shortage of 643000 today The Presbyterian church again began an inquiry into securities and proved to be a splendid place for con number wos a collection in which system has bccn j use by ho wishing them with free transporta tion We have already succeeded ill gcf tlng the W L K lo rim Jwonty8ix Irains per day between Masslllon and Ilrcwster at a fare for the employes of five cents each way The proposition from the W L E employes is that if the merchants of MasKillon will rebate this five cent on purchases made at their stores encoded he played the Deutsche Tanze In the last number the audience en joyed the exhiliration of BHimenfelds quartette F Major Op 26 Blumen bond issues which were under the charge of Warriner Warriner says that when he came here from the Cleveland office of the company he brought with him a shortage of thirty thousand dollars His downfall dates from that event he having covered up that shortage only tofall into the cuutches of a man and woman whom he alleges have blackmailed him ever since hoving reacted the occurrences of the FAITHFUL SERVANT ON STAND Cook in Steinheil Household Fights for Her Mistress fBy Cable to Assoclatoil Press Paris Nov servant ever fought more loyally for her mistress than did Marietta Wolf cook in the Steinheil household when called to The unit in taxation in the Somers plan is the value of a foot frontage in the middle of a city block with a depth of 100 feet When for in stance it is stated that Die unit value of property in tho block is J100 it is meant that Die value of one fool of i the land nearest the center of the I ey will continue lo deal here Thero block is worth to the depth of 100 is why llloy wl want answer It was right off the reel nd smil ingly given u characteristic which sometimes differentiates the senior Ohio senator from the junior oenator Senator Burton having become angry when in Die Cleveland local campaign he was usked If he hadnt voted 114 times with Aldrich I shall stand on my record In standing for a second term said Sen ator Dick I voted as a protection ist My constituents did not send me to the senate to vote for free trade or revenue only schedules Will the tariff be the chief insue In the Ohio campaign next year It will not be an Issue at all If business booms and we arc then in IUC flood tide of prosperity as we hope to be Iu any case It will not be tho sole issue Natural and logical issues for the fall campaign will be the luesllons which will be discussed in Die coming session of congress They will be embodied in the prospective legislation which President Taft has advocated in his speeches on bis pres ent trip Bills will be introduced af morciaulof Dnlton wore marriedfating he antitrust laws the rail feet to continue to deal here and I bo If the property is longer than 100 feel additional value is given It but affnnl lo lnto 8Oino such a smaller value is put on each foot in proportion to its distance from the street line If the property is less raiigement I have suggested lo the cominittco that the railroad people be asked lo than 100 feet deep each foot is valued fllrnlRh witha Hlllb or according to its nearness to thi street While the Soiners unit system was a feature of the method employed by this coupon be accepted by th showing hat the holder has paid five Icenls for railroad faro one way be tween Massillon and Brewster and by I he Rev E T Mathison the rec tor The ceremony was performed iu the presence of a few relatives and friends Miss Kalliryn Winiver a niece of the bride acted as lower girl and ring bearer and preceded the bride who followed on the arm of her brother inlaw to the altar where she met the groom Jusl before Die bridal party entered Mrs Charles Pentz of Can ton formerly of MeadvHU Pa began o sing O Promise Me During the ceremony Miss Minnie Albright the organist played a flower song Tho church was prettily dncoraled with anrl forns and chrysanlliomuma 3harlrH acted ns uslior After the coroimmy a wedding Kiip xr was served at llio homo of Mr Hid Mrs Wiiiivtsr In lOust Mnln Hi root lit which Mr and Mrs were lie only gnuHis The bride and groom left later In lhe evening on a wedding trip which will lasl ton days They will make their homo In Dallon The bride reeoivod many certs There were no passing street cars to disturb what continued throughout the evening to be a most appreciative silence It is the hush however that preccds the storms of Witt tax school In fixing merchants as five cents in cash pro applause that usually brings encores and vnhlos foi Liic city board of tlle amounts to a cer and the results Tuesday evening were I an even more distinctive tain satisfactory sum to be dclor no exception feature of the system was the pubmined upon Many of our morclmnlx The concert was given under the Ilci1y method used Maps and blue use trading stamps and give ispicesof the Afternoon Musical t showing city blocks and the for purchases when I hey reach auspi prints showing city to the Inspection of the public on some such plan and bo In lieu of Ill 1 club and the large audience present taxatlon nit of each wore open a specified sum This could be fixed should encourage the members to feel that their efforts lo supply classic well rendered programmes have not been in vain The quartette is com posed of Sol Marcosson first violin Charles Rychilk second James D Johnson viola Heydler vioiinccllo In 1902 lawson Purdy present head such Inducements of the Now York city tax commission In addition to Ibis wo must re brought to Cleveland the New Yorlc member tht the W L 10 is now tax commissioners The map system erecting large shops al llrewster that showing the unit value for land alone will employ when completed some Charles and separated va1I08 for building apSOO to 800 additional men who wll pealed to him so strongly Diat when be brought largely from Norwalk anc violin Special at The Mercerized Hose rcg Mayor McClcIlan apppinted him presi dent of the tax commission of New Canton There being no shopping facilities ular York he called Somers from St Paul In firewater this additional lot of poo way rate law the currency the con servallon of natural resources These bills may not reach a vote this Hus sion but their discussion will create Issues to be submitted for popular ap proval or dlatipproval in the cam paign The plan for a ninefoot stage of water In the Ohio river from Pitts burg to Culro I do look to see finally adopted at thin session Senator Dick has not yet started the petitions necessary for him to en ter as a candidate at he Republican senatorial primaries There IH of course ample time as the petitions need be fllod only 10 days before the Mny primaries He will be on hand with hem at the righl time whether no oilier asplrim appears or thero bo a of them Asked MK lo the validity of the Uron HOII law provision for a primary to decide the party choice for United ASSESS AT TRUE VAIUE Feature of Campaign Inaugurat ed by State Auditor Columbus Nov a circular letter to bo sent out today Slate Au ditor PtiJlinglon Inaugurates a cam paign for Die assessment of all prop erty at Its true value in money Tho letter which is addressed lo Din as sessors of real property olectod at this last election under Die new quadren nial appraisement law calls attention senator he said Thero Is no question about that Lawyers and exports agree In their construction of Din slalule Jf one or more candidates for senalor ask to IIMVO their names printed on the pri mary ballot accompanying Die re rjuosl with tho proper petition tho sncrclnry of state must so order and tlio result of Die vote must be roporf ed to him and by him certified to the gonoral assembly So far as I have heard I am the i only announced candidate nor do I know who will enter as my opponents Tho governorship I am taking no hand In hat contest I shall have my for renomlnatlon to attend to the sections of the constitution re lating to taxation The auditor says If all property Is returned for taxation al its true value i In money rather than from Ifi to GO per lo until after the primaries and aftoi that I hope lo devote what little skill and experience I have In campaigning to help elect the ticket nominated at the convention itJilLVi t IU I H I cent of Its value il will cut the I TlllU convention will be the most witness in the trail of Mme 25c values 5 6 JSc jr ra Q me crime to show how it had been done h I Mens Mercerized Half Hose regu t I Steinheil When the leu nei 15c oair The state it is announced will also seek to introduce in evidence the lar 25c value special 15c pair through a labyrinth of contradictory j Ladies Fleece Lined Hose 2 pairs skull of Tony Panella for the pur pose of contradicting statements of Kno v the accused They propose to show statements she invariably replied I 25 cents Misses School for cents that he was shot in the right ear and Turkey Dinner that it would have been impossible Roast Turkey Dressing Brown Gravy for her to have so shot him from her j position at the side of the bed The trial of Harry C Knoblocb on and At Eclipse Peerless Curler Crimper Waver The Marcell waye in len minutes with the Peerless Sample set of two curlers 9c Christian church rummage sale Thursday Friday and Saturday in the Crone room p H C dance Thursday night Giblets Flaked Potatoes Cranberry Sauce Mayonnaise of celery with cabbage Pumpkin pie Apple pie Cheese Coffee Price 50 cents SI Timothys parish house Wed nesday p m Hose Childrens Mittens assorted colors pair Ladies Knit Mittens 9c pair Mens Muleskin Gloves special 15c has fairer results than to New York and adopted his unit pie will either live in Massillon or system and tho publicity scheme of come hero to trade especially If they exhibiting maps The system Is now can have ibis free transportation being followed in Greater New York back and forth This means a great The unit system takes into account deal lo our town and I hope that the the higher value of corner property merchants will be alive to the situa with two frontages Experts say the lion as fool sure they will be workin of the plan in New York A very strong committee has been lax ratoln half In every city in the Independent and nnbewsen one pair Childrens Stocking Caps Oc U S Army Hose 3 pairs 25c Huck Towels big values 4c 5c each Commonwealth Dance The commonwealth club will begin The social given for the benefit if their Thursday evening dances Thiirs Clarence Miller has been postponed day evening November 11 until November 16 other taxation scheme any appointed to lake this up lhc Merchants Association who will her asked to appoint another commit ten to work with theboard of trade In this matter and early and favorable results are expected Tho board of trade committee ap pointed consists of 1 1 Wlso chair Rummage Sale In Crones room South lOrlc street Thursday Friday and Saturday Thursday Night Assembly At Mrs Brownsschool for dancing man W 13 N Hemperly Andrew Serpentine Dance Wednesday No class References Remember the P H C dance Thursday night P H C orchestra Night Imperial hall Ladles tmac wlll fuvniHh music cornpanlod K conls at Ellerys floors nnd furniture 25 cents each Reese Albert A Sonnhalter Shalrtnagle and Wm si a Ie Auditor FMlllngton will call a meet ing of Die jr0 assessors elected in the seventyseven cities of Hie state A this meeting by virtue of his office he hopes to effect an agreement which will result In Die uniform as sessment of property in all the cities have ever had In Ohio Under primary law its delegates will lie Remember Delicious turkey dinner Wednesday evening St Timothys parish house beginning at Articles for Die Christian church rummage sale will be called for If no tified over Hell phone 471W or Mas slllon phone f P H C dnncn In Trades and Labor hall Thursday night Admission chosen by primary vote and will go to the convention unpledged to any one but their constil nonts It will ba impossible to slute n ticket I trust no attempt will be marie to meddle with the Hronson primary law at the next session of the Icgislautre It Is entitled to n Iriah It has been tried only in making loon tickets So far as county and state and senatorial noini nations are concerned It is a new law No one should be nllowed to Interfere with Its being given a fair trail next May Another matter that came up tt jorn8 er couple Ladles uuaccom Ihe Insi bonrdof trade meeting panlod IT cents Delicious turkey dinner Wednesday evening St TlnWhys parish house xt
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