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Albion New Era (Newspaper) - June 5, 1884, Albion, Indiana TWO DOLLABS A YEAB. to tlxe Xjiaa.e; Xjet tls.e Clxlps y all wixere tla-e^r ^.dCa^r." IN ADVANCE VOL. XII. NO. 37. ALBIONT, NOBLE COUNTY, INDIANA, JUNE 5, 1884. NEW SERIES. VOL. IX. NO. 24 MEMORIAL SERVICES. Additional'Local News. CAPTURED AND CAGED. John Howell and Marvin Kuhns Again in their Old Quarters in the Albion Jail. Caught in the Vicinity of Delphi, this State, in Possession of Thos. Young's Horse and Buggy. And Also with Two Horses Stolen in Wabash County. Sheriff Braden's Determination that They Should Not Escape Rewarded. The Penitentiary is Awaiting Them. The readers of The New Era are aware of the escape of John Howell, charged with the theft of a Mr. Ros-enbury's horse in Wayne township; and of Marvin Kuhns, charged with a number of burglaries in this county, from the Albion jail on the night of Thursday, May 22, by sawing through the iron windows of the jail, and of the theft on the next night of Thomas Young's horse and buggy, near the home of young Kuhns. Suspicion immediately pointed to them as the parties who took Mr. Young's property, and the proper eflForts were made to recapture the escaped criminals and the recovery of the horse and buggy. Sheriff Bra-den had cards printed giving a fuß description of the two men and offering a reward of $100 for their capture, and the cards were sent all over the coimtry, and all the sheriff's of this part of Üie state were the recipients of these cards and were on the lookout for the escaped criminals. On the Sunday night following the escape of the prisoners from the Albion jail, and the subsequent theft of Mr. Young's horse and buggy, a span of fine mares were stolen from a Mr. John Bechtol, a few miles from Wabash, and on Monday morning a gentleman from Wabash who was visiting near W^averly, Miami county, saw two men pass driving a bay horse attached to a buggy and leading two other horses, and suspicions were aroused that all was not right, although one of the men was known to him as John Howard, who it seems was well known in that part of the country as a horse-trader from Grant county. The John Howard, who seems to be so well known down there, was John Howell, and his companion was youg Kuhns. The horse they were dnving was the one stolen from Mr. Young, of this county, and the two they were leading were the ones stolen Mr. Bechtol in Wabash county. It seems that Howell, or Howard as he was known down there, had frequently stopped with Mr. Bechtol, and was well known as a horse-trader from Grant, and last fall some time traded buggies with Mr. Bechtol. At that time he claimed to have given up farming in Grant county, and was living a kind of a retired life with his brother in North Manchester. The cards of Shmff Braden being in the hands of the aathorities of Wabash county, and the description of the man known as Howard answering so well to that given of John Howell, and the description of both as given by the Wabash man who had seen ihem near Waverly, Miami county, answering so well to that of Howell and Kuhns as given in sheriff Braden's cards, constable Lines and attorney Bent, of Wabash, started in pursuit, and in just twenty-three hours after leaving the latter place came upon ^-the men eighty-five miles away. The thieves were run down in a farm yard in Carroll county, about twelve miles from LaFayette, on Tuesday. The two men from Wabash, who were in pcrsnit were joined by the sheriff of Carroll county, and after running their men into the barn, they surrounded the building. After finding that eac^ was impossible, the thieves Bnrrraobdered aad were brought back to Wabash. ShmfF Braden was immediately telegra^^ to, and he and d^mty alMoiff Trump started on Saturday olf^t for Wab^, and on Mon day Braden returned with the prisoners securely himd-cuffed, and im mediately locked them in their cells where they will remain until the sitting of the court next week. Deputy sheriff Trump drove Young's horse home from Wabash, getting here on Tuesday. Kuhns told the sheriff at Wabash that he was born in California, that his parents were dead, and that he had just arrived in Hoosierdom from the Golden State. Howell has been well known in portions of Wabash county, under the name of Howard, as a farmer and horse-dealer of Grant county. The probabilities are that it will some time before the poor orphan boy from California (f) will see the golden sands of the Pacific again, or when John Howell alias Howard, of Grant, (?) will deal in horseflesh in Wabash or Noble. The escape of these men from the Albion jail was owing to the defects in the construction of the building, but notwithstanding all this sheriff Braden spared neither time nor ex pense in securing their recapture, and he is deserving of much credit for accomplishing that object. He is one of the most faithful and conscientious men in the discharge of official duties ever elected to office in this county, and it is gratifying to know that his efforts in this case have been rewarded with success, and the prisoners again lodged in the Noble county jail. They refuse to talk about the manner of their escape, or of their movements afterward, and from their reputation for truth and veracity in the neighborhood where they are known, not much reliance could be placed in what either of them might say in regard to the matter. MEMORIAL SERVICES.Strewingr Flowers Upon the Graves of the Dead Heroes of the War.Oration, and other Exercises at the Court House. Worden Post No. 205, of the Grand Army of the Republic, took the initiative this year in the matter of decorating the graves of the fallen patriots who lie sleeping in the ^bion cemetery, and in conjunction with the programme as published last week, was carried out to the letter. At the appointed hour a large number of people from town and coimtry had congregated in town, a notable feature of which was the large number of ladies present. The procession formed on W^est Main street, in front of the Williams House, in the following order: 1—Albion Cornet Band. 2—Company of little girls dressed "YOUR MONEY OR YOUR LIFE," WAS THE DEMAND MADE UPON COLUMBIA CITY MAN, By midnlfflit OFFICIAL DUTIES ONLY. COMMISSIONER CANNOT TAKE PAY FOR QUTSIDE WORK. So Says the Elkhart Circuit Court. Among the many questions that arose over in Elkhart county, growing out of the squabble over the county commissioners' office and poor farm, was whether a commissioner could receive pay for services rendered outside of his per diem in attending the sessions of such court. A case was made and taken to the circuit court last week and decided against such practice. In respect to that case the Goshen Daili/ News says: Our reader will remember that at the September term 1882, William C. Elliott, then county commissioner, filed a bill for time devoted to overseeing bridge work, which the Board allowed, as was its custom. They will also remember that J. S. Mather took an appeal to the circuit court, where it has since been on the docket until this week, when it was argued before Judge Osborne, two days being consumed with the same, and he has rendered his decision, the verdict in effect, being that Mr. Elliott would have to pay the amount, $25.50, back into the county treasury. The court holds that there is no law authorizing a county commisioner to draw pay except from the time occupied in sitting in special or regular session; that if they superintend bridge or any other work, they cannot draw pay for the same. For fifteen years past it has been the custom in this county for each commissioner to superintend the bridge work in his district, and for the time employed he was allowed $4 per day, and this was the custom all over the state. The case will probably go to the Supreme Court, and if the verdict should be affirmed, it will revolutionize this custom, and if action should be commenced against all the old commissioners to secure the money they obtained by this kind of work, it will make things lively. It is the first time the proposition was ever brought into court, yet many attorneys held it was unlawful, and when members of the present board took their seats, county attorney Mitchell advised them in accordance with his proposition, and they have drawn pay for time occupied in sessions on- ly. —The well known strengthening properties of Ibon, combined with other tonics and a most perfect nervine are found in Carter's Iron Pill's, which strengthen the nerves and body, and improve the blood and complexion." 21ml in white and bearing baskets of flowers. 3—Worden Post No. 205, G. A. B. under command of Post Commander Schoaf. 4—Ex-soldiers of the war, not members of the G. A. R. 5—Citizens. The impressive ceremonies laid down for tiie regulation of G. A. R. Posts were gone through with at the cemeter}'^, at the grave of Capt. Geo. Worden, in honor of whom the Post was named, at the same time the graves of the other fallen heroes were decorated with flowers. Several hundred people were in the procession to and from the cemetery. The entrance to the graveyard was spanned by a beautiful arch decorated with flags and fiowers. Retm-ning to town the courtroom was densely packed in a short time, almost exclusively by ladies and ex-soldiers, the little girls who had decorated the graves and the members of the Grand Army of the Republic being seated within the railing enclosing the bar. Rev. J. W. Smith then delivered an eloquent and impressive oration that was attentively listened to by the closely packed audience, and which contained many grand and noble thoughts and ideas that would be well for all to ponder over who have the welfare of our country at heart. The choir and cornet band rendered great services toward making the exercises complete and attractive by the excellent music they furnished for the occasion. As we looked upon that company of veterans present, and contrasted the marked changes that time has wrought in them since they nobly went forth to solve the problem whether their country was to be blot ted out forever, or live on and on, the beacon light of hope to the down trodden and oppressed of every clime, we realized very forcibly that nearly a quarter of a century has elapsed since the first gun was trailed by rebel hands upon the old flag at Fort Sumter, and which called into being a determined army of patriots who resolved, in the language of the immortal Lincoln, that ''this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the eai^," of which these now gray-haired ex-sol-diers formed a noble part In the vigor of manhood they went forth to do and die, if need be, in the defense of their country. With elastic step they marched away into the thickest of the hell of strife that was raging in one portion of the Union, and nobly bai^ their breasts to the leaden hail that their country might live. A few of the survivors are yet among us. Some bear honorable scars upon their persons, others are brojcen in constitution owing to the exposure of army life, while in nearly all the gray hairs and unsteady step show that time is rapidly doing its work, and not many years hence it will devolve upon our children to perform the sad rites of Decoration Day without a single living soldier of the war for the preservation of the Union to participate. From the lesson taught by these dead and living heroes of the war, may our children and children's children be imbued with that spirit of patriotism that wiU ever and under idl circumstances impel them to say with the poet— Thieves, robbers and murderers are getting bolder and bolder in their depredations, and some of the gravest offenses are committed wherfi the hope of reward, in the shape of plunder, is not great. Over at Columbia City, the Commercial says that "on Wednesday morning of this week, between one and two o'clock, a robber entered the residence of Fred. Huffman, in the north-west part of town, and, at the muzzle of a cocked revolver, compelled Mr. Huffman to give up what money he had in the house—about $3 and his watch. The watch is a new one, for which Mr. Huffman recently paid $34. It is a silver open face, in Waltham dust-proof case, 15 jewel, Rockford stem-winder, and is numbered 70525, and has the following inscription on the dial: "Shifler & Douglas, Columbia City, Ind." The robber entered the house by raising a window, and taking a lamp, went to the room where Mr. and IVfc. Huffman were sleeping, and told them to keep still or he would put a 32-calibre ball through them, that they would not be injured if they made no noise. After getting the money and watch the villain departed, remarking to Mr. Huffman as he went, that he would find his clothes on a chair in another room." THE WAGES OF The Blight of Death Follows the Footateps of a Fast Yoaner Man of Fort Wayne. His Victims. SUPREME COURT DECISION. Below we give an abstract of a decision recently rendered by the supreme court, in a case that was appealed from the Noble circuit court L. W. Welker, was the attorney for Newman and H. G. Zimmerman for the Ligo-nier Building Association. This we believe, is the first case from the Noble circuit court, if not from the entire judicial district, that has been reversed by the supreme court since Judge McBride has been on the bench of this circuit The abstract is as follows: pleadings—exhibits —building associations. 10795. Josiah Newman vs. Ligo-nier Building Association. Noble C. C. Hammond, J.—Action by appellee to foreclose a mortgage executed to it by appellant Copies of the constitution and by-laws of the association were filed with the complaint but they were not necessary. (84 Ind., 310; 86 id, 472).) Where exhibits are unnecessarily filed with a pleading, they are not considered in determining its sufficiency. (1 Work's Pr., sec. 420.) W^hile the answer contains surplusage, it also contains averments to the effect that the appellee was indebted to the appellant in the sum of $500, with interest, on stock of the association which was due and unpaid. The certificate of stock being in the hands of appellee, the appellant was excused from filing a copy with his answer. If the certificate did not contain an unconditional promise to pay appellant a specified sum at a certain time, or if the terms of the certificate were controlled or modified by its constitution and bylaws, appellee should have replied by denial, or stating the facts especially. The striking out of the pleading can not be sustained on the theory that the facts therein stated might have been proved under any other paragraph of the answer. Judgment reversed. There is living in the city of Fort W^ayne a young man named Hany Moritz, whose pathway, for the last few years, has been followed by the blighting hand of death, and at least three persons have gone to their graves whose deaths are indirectly charged to his conduct Three years ago, our readers will remember, we gave an account of the suicide of Maude Warner, of Fort W^ayne, at the house of Effie Elmore, in Indi-It is said that it was on account of her love for Moritz, and his neglect, that caused her to commit the rash act After the suicide of Miss Warner, Moritz ingratiated himself into the good opinion and affections of a daughter of Capt Weightman, formerly of the Grand Hotel, Indianapolis, but who was then the proprietor of the Cedar Beach Hotel, on Nine Mile Lake, a few miles west of Albion, and induced her to elope with him and become his wife. This she did, and owing to his unsavory reputation, and the disgrace brought upon the family by this matrimonial alliance, Capt Weightman was weighed down with a load of sorrow which could not be lifted, and after returning to Indianapolis, he lived but a short time, dying of a broken heart His erring daughter soon repented of her matrimonial alliance vrith Moritz, and applying for and receiving a divorce, is said to be living in Chicago. After the matrimonial bonds that united him to Miss Weightman were broken, as recorded above, Moritz won the affections of a young girl named Nellie McGee, of Toledo, who came to Fort W^ayne, and was known as Nellie Morton. She was a beautiful brunette and but 17 years of age. After winning her affections, Moritz married another, and owing to the bitter disappointment that became her portion when this fact became known, the McGee girl committed suicide last week by taking morphine. Death seems to follow closely upon the footsteps of this man Moritz, and as the graves of the fallen strew his pathway, we are forcibly reminded of the fact that "the wages of sin is death" Last week we made a mistake in fixing the date of the state convention the 23. It should have been the 19th inst Just how or why we committed the blunder in dates we cannot understand Remember that the Republican State Convention will be held at Indianapolis on Thursday, June 19,1884, and govern yourselves accordingly. ANOTHER FRIGHTFUL ACCIDENT. TWO SMALL BOYS FRIGHTFULLY TORN AND MANGLED. And if not Fatally Injured, Maimed for Life. Don't Want to Move. M. B. Choir Concert. I do love My country's good with a respeet more tender, More holy, and profound, than mine own life.—Subscribe for The New Eba. Only 50c. for three months. ...........Chorus by Choir L'Elihikr dk Amorr,......Instrumental Duet. The M. E. Choir will give a Concert on next Wednesday evening, June 11, at the M. E. church, at which an entirely new programme will be given, as below. On Thursday evening the concert in October last will be repeated Admission 15 cents. T'^TVT X. Italia,........ ^^LIHIKKDE^ Misses Adie Worden and Lutie Prickett. Whippokwill's Sono...........Soprano Solo. Miss Lillie Haney. DkBkuiot's Fifth Air......Piano and Violin. Mr. D. G. Matthew- and Miss Lutie Prickett. Roll on dbef Ocean................Bass Solo. Mr. G. E. Johnson. Holy MC. Iter Guide His Footsteps.. .Vocal Duet. mi88bs vada and lillie hanky. TX. Under the Moonlit Sk v .... Solo and Chorus. Mr. J. M. Bonham and Choir. Grande Valse Brillante..Instrum'l Duet. Misses Ada Worden and Lutie Prickett. Love Shall Guide Thee.........Vocal Duet. Misses Vada and Lillie Haney. Birds in Dbbams and Sleep..Contralto Solo. Miss Vada Haney. Qoi ViVK............................Piano Solo. Miss Lutie Prickett. Dkasut Maidjbn, Dance W: Bro. Powell, of the Garrtt Herald, don't want to see the shops moved from that place, of which there is not much probability, and is evidently out of humor with those papers that have been treating the reports as having foundation in fact, as will be seen by the following which we clip from his paper of last week: The papers have now got the idea that the B. & O. shops at this place will be moved to Milford. So have we. The company is just going to place the 265x100 foot machine shops on a gondola and carry it around as a 10c. side-show to such places as Mil-ford, Albion, and Hicksville. That's the idea, and for the convenience of the Garrett people they will turn the round-house into an ampitheati'e, the blacksmith-shop into a skating-rink, and the oil-house into a lunch-stand. The company will take the sand-house along to give grit to the brave men that make and coax the poor defenseless editor to publish such cast-iron (?) statements. If the papers would just mention it they would take their 400 foot wells, and the 500 foot coal-shute along as the menagarie, with no extra charge; won't that be nice; but, when the shops get moved it will be lt)y a tornado or the company, and not by the wind or gas of a few cranky individuals. Yes, the shops will move. Never Give Up. If you are suffering with low and depressed spirits, loss of appetite, general debility, disordered blood, weak constitution, headache, or any disease of a bilious nature, by all means procure a bottle of Electric Bitters. You will be surprised to see the rapid improvement that will follow; you will be inspired with new life; strength and activity will return; pain and misery will ceade, and henceforth you will rejoice in the praise of Electric Bitters. Sold at fifty cents a^t^ik. at Hi Goslien Daily News, May 27. At about 7:30 o'clock this morning the news was spread through our streets that Jessie, son of Gus Heef-ner, and Johnny, son of Christ. Bartholomew, both boys aged about 14 years, had been seriously hurt at the flouring mill of the Goshen Milling Co., the Heefner boy having had his left arm torn from his body. Crowds of people immediately visited the mills, eager to see the unfortunate boys and ascertain the cause of the accident. Upon entering the mill a frightful scene was presented to the spectator—lying upon some sacks of grain was the Bartholomew boy with a gash cut in his forehead, and his face covered with clotted blood, moaning pitifully. A few feet from him was the Heefner boy, agonized with grief and pain, from the loss of his left arm, which but a few moments before had been broken between the elbow and shoulder and torn from his body. After the Heefner boy had, to some degree, recovered from the shock and saw that his arm, which a few moments before was a living member of his body, but now torn off and forever lost, he exclaimed: "My God, I havn't no arm; what will I do," in a heart-rending tone. Stimulants were administered and the boy removed to his home, where the Drs. Latta, assisted by Dr. J. H Heatwole, amputated the stump at the shoulder joint. Fears were entertained that he was internally injured and would not survive the operation, but at this vmting he is resting quiet with a probability of his recovery. The Bartholomew boy was also removed home and his wound dressed by Dr. P. D. Harding, who found that his forehead was fractured and his condition more precarious than was at first supposed. The boy's eyes are swollen shut and he remains in a stupor. The cause of the accident was the result of thoughtlessness on the part of the Heefner boy. Just as you enter the mill from the east is a perpendicular shafting about two inches in diameter, running at the rate of 185 revolutions per minute, and used for elevating grain. The shafting is perfectly smooth, with no collars or set screws to catch in the clothes of any one. These two boys entered mill and for sport the Heefner boy stepped up to the revolving shaft and grasped hold of it, thintóng, no doubt, that it would carry him around and he would get loose. But the instant he caught the shafting his rubber overcoat, which was wet, was drawn around and in the twinkling of an eye, almost, the boy was going around at the rate of 185 revolutions a minute. Of course he did not retain his grasp and he was thrown with great force, about 20 feet across the mill. It is not known just how his arm was torn off, but it is supposed that when he first caught the shafting the bone was broken and when he was thrown from the shafting the flesh part was torn off. In his flight from the shafting across the mill one of his feet struck the Bartholomew boy, who was standing a few feet from the shafting watching the Heefner boy, in the forehead with the result before stated.What the Kidneys Do. Let us state the fact ii^ simple words: The kidneys are doors through which certain impurities are expelkd from the system, that can be got rid of in no other way. ^ow, suppose they do not work well—what happens? Why, other organs become diseased, and so do the kidneys themselves. Parker's Tonic gently stimiilatee Ihe Iddneys and prevents tha serioBS which resoltB Si ■...-•„ . -r- -. • -i HO ^ ^ ;

Clippings and Obituaries for the Albion New Era