davidaulloa/AmericanStories huggingface dataset:
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17

accused as tending to show that he
would be likely to commit the crime
charged against him but if you
believe from all the evidence beyond
all reasonable doubt, that the defend
ant committed the crime charged
against him in the manner and form as
charged in the information, it will be
your sworn duty as jurors to find the
defendant guilty even though the
evidence may satisfy your minds that
the defendant previous to the commits
sion of the alleged crime had sustained
good reputation and character for a
peacable, quiet, good citizen. The
law of this state in all criminal actions
and proceedings permits the defendant
charged, at his own request. but not
otherwise, to be competent witness,
but his refusal or omission to testify
shall create no presumption against
him or any other party. l give ysu
this instruction which is the statute
and law of the state, for the reason
that the defendant has not seen proper
to go upon the stand as witness. 1
have said in these instructions if you
believe from all the evidence beyond
all reasonable doubt that the defend
ant was guilty Of either murder in the
first or second degree, yeu would find
him guilty of the one crime of which
you were thus satisfied he was guilty,
and if you do not believe him guilty
from the evidence beyond all reasona-
doubt of one or the other, it is your
duty to acquit.
This reasonable doubt which entities
the accused person to an acquittal, is
doubt of guilt reasonably arising
from all the evidence in the case. The
proof is to be deemed beyond all rea-
sonabls doubt, when the evidence is
sufficient to impress the Judgment of
ordinarily prudent men with a con-
viction on which they would act with
out hesitation in their own most i'm
portant concerns and affairs of life.
Every person is presumed to be inno-
cent until the contrary is proved and
the burden of proof is upon the state
to establish the guilt beyond all reason
able doubt. If under the evidence
and these instructions you find the
defendant guilty of murder in the
first degree, the form of your verdict
will be "we find the defendant guilty
of murder in the first degree in the
manner and form as charged in the
information" IF of murder in the
second degree the form of your verdict
will be 1--WE find the defendant guilty
of murder in the second degree in the
manner and form as charged in the
information" IF you find the defend
ant "Not Guilty" the form of your
verdict will be "we find the defendant
not guilty.
l will prepare before you go cut
to take with you to your jury room.
(The court after preparing the YER
diets above mentioned addressed the
jury as follows:) I have prepared,
Gentlemen, the three forms of verdict.
The first fern, ''of murder in the first
degree" the second form, 'of murder
in the second degree" and the third
form, "a general verdict of not guilty"
When you have agreed upon verdict
your foreman will sign right over
where I have written the word sfore-
man."
THE ADMONITIoN
Of Judge Bennett is as follows:
CATER fair an impartial trial, in
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17

G. E. Witter physician and surgeon.
Office on Main street, residence on
Drake street. t.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
MINNEAPOLIS PEAVYS,
the best in the world.

NEENAH SUGAR KETTLES,
the farfamed.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
SEEDS, BUGGIES.

Two friends meet Sunday morning
as one comes out Of a drug store !:
"Hello, Charlie, out for your morning
dram?" "Well, no, not exactly !;
but l have ne scruples about telling
you l am out for my morning ounce. :"
The new discovery that kissing
cures freckles may be all right. but
the difficulty with youth who has
the complexion of an African leopard
is that he can't get any girl to kiss
him.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
THE BANGING MANIA.

0 see the young girl,
In beauty rare.
Sans kink, sans curl
Banging her hairl
And hear the young man,
At the piano there,
Hard as he can
Banging his airl
a young mother stands
Oppressed with care.
With slipper in hand
Banging her heir!
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
THE ADMONITIoN
IF Judge Bennett is as follows

Of Judge Bennett is as follows:
CATER fair an impartial trial, in
which you have been assisted by as
able counsel as I know of in the state
and very full investigation of all
matters, you have been convicted of
this crime in manner and form as
charged in the Indictment, and it be-
comes the sad duty of the court te
impose upon you the penalty and
punishment inflicted by the law for
the great crime of which you have
been convicted, Have you anything
to say why the sentence of the court
should not be pronounced upon your"
The prisoner 81 do not knew as 1
have anything to say in regard to
that, sir, but I will say this much, that
/ did not do it."
The Court SIS that all you de-
sire to say 2"
Prisoner bowed
Court proceeded "The matter has
of course passed beyond my control.
You, and you alone. know with abso-
lutte certainty, whether you are guilty
or not"
Prisoner Certainly l do
The Court "This crime, like
most of the great crimes, was infict-
ed in the darkness of the night, when
no one was present, but, in over ruling
this motion which your counsel has
made, in arrest Of judgment and for
a new trial upon the minutes of the
court, although it was not argued, l
do not think any amount of discussion
upon the facts in the case, for, in my
Judgment, the jury were abundantly
warranted in the conclusion they
reached in pronouncing a verdict of
guilty of murder in the first degree,
and | think the verdict is jus: and
should stand, and must stand, but, new
ertheless, it is one of the most painfal
duties of my life to pass sentence upon
man of your years, just entering
upon the opening scenes of active life.
This crime, Of which you are cenyict-
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
7. G. StAmour's
F AIR CORNER


1000 white and colored bordered
handkerchiefs at 5 cts. each, worth
double and more.
Gents fancy half-hose from sets up.
Ladies colored collars from sets up.
Ladies linen collars from Zoe up.
Ladies lace tie collars and fchus
which will be sold for less than
wholesale prices.
Ladies fancy hose from 10c up.
Ladies full regular made hose at
Is cents, worth so cents.
Ladies gauze vest at 25 cents.
Gents gauze undershirt from 25c up
" extra jean drawers from SOC up
All linen crash at Zoe per yard.
Turkish towels at 25c each.
Ladies fine walking shoes at S1.25
worth SITS
Our stock of Fans. Parasols,
Gloves. Notions, COrsets, Ribbons
Dress Goods, and all DRY GOODS
must move if Prices will do it.
We Defy Competition.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
GO TO

A GERMAN at hotel the other day
had some Limburger cheese sent to
him. A little boy who sat beside him
turned to his mother and exclaimed:
Mamma how I wish I was deaf and
=.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17
HUMOROUS.

eyes" said the level beaded school
boy, I'm at the foot o my classes
and | calculate to stay there. Then
don't have to stand the wear and tear
of anxiety for fear I'll loose my place.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
Amusement HIatters.

The Thatcher, Primrose d Vests mnstrels
drew another large audience al the Grand last
night, at their final performance, and at
Euglishs the Hanons concluded their engage
ment, which has not been immensely successful.
Tonight and during the remainder of the week
Mr.. LyttOn SOthern will appear in his fathers
popular roles. The sale of seats is very large.
The repertoire is: Wednesday evening, Than ks.
giving night and Saturday matinee, Lord
Duudreary;'' Thanksgiving matinee double
biiD and Saturday night, Brother Sam" and
NERVOUS Mani" Friday night, "David Garrick"
and Regular Fix"
At the Grand tonight Duff's opera company,
an excellent musical organization, will give a
single performance of Lecocq's Heart and
Hand" and tomorrow afternoon, and duriu &
the remainder of the week, Joseph Jefferson will
appear presenting rip Van Wrinkle at the
opening matinee, "Cricket on the Hearth" and
LEND Me Five Shillings" Thursday and Friday
nights and Saturday matinee, and "The Rivals"
for the closing bill
The Boston Atheneum Company is doing a
very large business at the Park, and is givIn g
the best variety entertainment seen here for a
lOuO time,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
THE NEW ASYLUMS.
Plans for the LoganspOrt and Evansville
Hospitals Agreed Upon by the
Commissioners.

The Insane Hospital Commissioners yesterday
decided upon the architectural systems accord
ing to which the new hospitals, TO be located at
Logansport and Evansville, will be constructed
The plans for the buildings will be adopted here
after
The Logansport institution will be combna-
tion of main building, administration and two
lateral wings, each two stories high, with six
cassitlcations and total capacity of LIP, with
detached domestic offices. There will
be three detached paviliUns, two stories
high, and on each side one hundred
feet apart, giving six additional classiications
and six suh-classiacatons, all connected by a
straight covered way on the grade line. 1t will
be very much like the Kankakee system.
The Evansville hospital will be a radiate, con-
Joined arrangement of twelve wards, Varyingin
capacity from twenty to thirty five, built on the
observation-disclosures plan, intercommunicating by a
central hall, with rear wing for domestic Off
ces and detached administration building in
front To describe it more particularly, the
plan consists of a central vesthule. from which
radiate, on each side, narrow wings, containing
dormitories and terminating in large, airy day
rooms, having easy access TO the grounds.
10 the rear there is another wing, con taining
dlningrooms for officers, employees and pa
uents female employees quarters and an amuse-
ment nall. On the front, separated by a car
riageway, will be the superintendent's and
officers house. Entirely separated, and situa-
ted in the rear, will be the Kitchen. boer-house,
laundry and store. 1t is what may be known as
the Rogers system, the plans being formed after
the ideas of DR.. j. G. Rogers, ex-superntendent
of the Indiana Insane Hospital 1t is an ideal
system, which DR.. Rogers has had in mind for
the last three or four years, and
will be unlike any other asylum in
existence. 1t embOdies the principle of the
house plan in the separation of the day rooms
from the dormitories, either on the same floor
or in different stories as may be needed. 1t
makes possible the easy preparation of single
rooms associate dormitories when wanted.
The violent ana noisy may be cared for in the
rear wings, while the cOnvaescent and quiet
may be kept in the front. The day roems will
be widely separated, and win have pleasant
outlook. The dOrmtory windows will not face
each other In the different wings so as to permit
noisy cOllOquys among patients who may
be in single rooms. The areas between
wings will form airy courts into which many
patients may go at will. The dormitories may
be laid widely open every day, summer and win
ter, for ventilation, and in cold weather heat
may be economical by sending 1t exclusively to
the day rooms The system embodies all the
needs which the observations of DR.. Rogers
have suggested during his treatment OF the in
sane.
The commissioners will to-day consider the
plans for the buildings
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
PETTIS, BASSETT & co.
DEATH OF w. G. HOLMES.
Fatal Termination of His LOngCOntinued
mness-A Sketch of His Life.

william Canada Holmes. one of the Oldest and
hest-knewn citizens OF Marion county, died. yes
terdsy at his home, north west of the city, after
an Illness of two years duration, with cancer of
the liver DIR. Holmes for many years, IN
til physical intirmities compelled his retirement,
one of the most active business men OF Indian
apolis. He was born at "the old Holmes home.
stead" west of the city, May %, 1926 and
sided there until he arrived at mans estate, in
the meantime having managed a saw-mill for his
father and acquired fairly good rudimentary
education at the county schools. For the next
sixteen years of his life he engaged in
the milling business. In 1857 he purchased the
Isaac Pugh farm, the Charlottesville pike,
and on it erected one OF the finest farm houses
In the county.
In 1865 he purchased the interest of T. r.
Fletcher in the Fourth National Bank of this
city, and was elected its president. Six months
later the bank was consolidated with the Citi-
Gems National Bank, and for three years he
acted az president, until he was forced TO resign
on account of falling health. He RENAME d a di-
rector of the bank until he engaged in the pork
business with Messrs. Coffin ami Landers. He
then formed a partnership, the firm being
known as Holnie Pettt & Bradshaw. to con-
time III the same business. This firm bnilt the
extensive establishment at the foot of Ken
lucky avenue costing over one hundred
of between 100000 and 10000 annually.
He also added materially to the growth of the
city by the erection of number or fine private
residences west OF the river He aided and en-
cOuraged the manufacturing interests by dOna-
tions of twenty acres of land to the Novelty
Iron Works and 10 the Haugh Iron Works. He
was one of the OFigtDat0fs of the Belt railroad
and stockyards, and worked hard for this
enterprise until its success was assured,
holding a directOrsbip for several years
MIR. Holmes was married on the 18th of Deem
ber 1S49, TO Catharine, second daughter Of the
late James Johnson, tn whom several children
were born. five daughters and son yet sur
viving. Two are married, the eldest. Alice, 70
George ". Johnston cashier of the Citizens Ma
tional Bank. ana Martha 10 Frank L. Furgason,
OF the Panhandle railroad. Mr.. Holmes was
prepossessinS in banner, frank and candid in
expression, but always courteous: kind bus
band and a generous father. His hOspitable
country home was always open for his friends
and many viii remember the welcome received
from him there. HIS life for two years has been
full of suffering brought abouts from a cancer of
the liver, hut his last moments we're without
pain, heing conscious to the last. speaking TO
first one and then another of his afflicted fam
lily they gathered al.2ut his death-bed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
MRS. MAY DEFEATED.
The Supreme Court Decides Adversely to
the Payment of Her Claim.

The Supreme Court yesterday rendered its de-
csloD in the case of Mrs. Sarah May, widow of
Edwin May, for $4,000 due her husband by the
State for services rendered as supervising aTchi-
tect of the new State-house. 1t will be remem-
hered that the specific appropriation bill, which
failed OF passage by the last Legislature, made
provision for the payment of this claim. After
the failure of the bill Mrs. May and her friends
succeeded in getting joint resolution through
both houses of the Assembly allowing the claim,
but when Auditor Rice was called upon
to issue his warrant the treasury for
the amount he refused to Issue it, on the ground
that the action of the Legislature was irregular
mandamus was asked for by the applicant,
and the case was tried before Judge Taylor, of
the Superior Court, who decided that Legisla-
ture has no power TO order the payment OF
money by joint resolution, but that the passage
of an act was essential. From this decision an
appeal was taken to the Supreme Court and
the final decision made yesterday, Judge
collars delivering the opinion, in which the
Judgment of the lower court is affirmed. Hon.
Thomas A. Hendricks was Mrs. Mays leading
attorney. Judge Zollars's opinion is in brief as
follows:
1880 Sarah May vs. James n. Rice, Audito T..
Marion s. c.
collars, J.-Maudamns by Mrs. May to compel
the Auditor of State TO issue her a warrant
OF the State Treasury for $4,000 Appellant
claimed the money by virtue of joint resolution
of the last Legislature, allowing her that sum as
being due her deceased husband for services as
architect in the building of the new State-ho use.
There was judgment for the appellee below
The resolution was signed by the presiding Of
fcer of each house, but was not approved by the
Governor The Auditor can only draw warrants
on the treasury for money appropriated by law
(Sec. $500, r. s.; sec. 1875, ib.) No law shall be
enacted except by bill. tSec. 81, ib) Under
our constitution a joint resolution is
not bill, and laws for the
appropriation of money for public
purposes or the payment Of private claims can
not be enacted by joint resolution. ~ r. l., 49,
At Ala, I'll; Ore, l32; W. Va, 1872 1t ia a
cardinal rule of construction that statutory pro-
visions will not be held to be directory when
they embody a prohibition by the use of mega
tive words. (CoOley's COnst Lin, 3 ed, D. 80;
sedgwick Stat. and Const Law, 2 ed p. 319D
Applying this rule to the section of the constitu-
ton under examination, it must he held to be
mandatory. The joint resolution not being q
law, it results that the appropriation in favor of
Mrs. May was not legally made. Judgment az
frmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
A CRANK'S CRIME.
The Dilemma in which the Governor Finds
Himself with Reference to an APP
plication for a Pardon.

Governor Porter returned early yesterday
morning from a visit made to Muncie on Mon
day night to make personal inquiry into the case
of Sanford Toll, an old man recently sentenced
to two years Imprisonment in the penitentiary
on a charge of assault and battery with intent
to kill, and in whose behalf an application for
pardon had been made by large number of the
citizens of Delaware country. Toll is rather an
eccentric old man, who was arrested few
months ago by the sheriff Of Delaware county,
for a trivial offens e growing out of dispute
with some of his neighbors over the building of
fence, and while en- route TO jail, he drew re-
volver and fired at the officer, without however
killing him. He was convicted of the charge of
attempting to kill the sheriff and was sem
fenced to ten years imprisonment. The petition
for his pardon was signed by the sheriff whom
he assaulted and large number of his neigh
bors, and executive i1terposition in the case was
asked for the reason that Toll was believed
to have been insane at the time The
prosecuting attorney demonstrated against the
granting of the pardon, and The Judge before
whom the case was tried was non-cOmmittal
upon the matter The Governor therefore deter
mined to make q personal investigation into the
case, and made the trip to MuGo;e for the pur-
pose of interviewing Toll. He returned on yes
terday morning as much perpexed, however, as
before.
p ersOns or by the non compOs mentis class
known as ''cranks," the Governor remarked
yesterday that there are several prisoners now
In the penitentiary who are serving sentences
for crimes committed in fits of insanity "rhere
is man the Southern penltentiary," the
Governor said, "who is serving a term of TWEEN
ty-one years for manslaughter committed in
Martin county at time when he insane.
He is perfectly now, and is, while his habits
are regular, hut he becomes craZed by intemper-
ate indul gences. If should pardon him he might,
under the same conditions, commit the same
crime again. If could commute his sentence to
Imprisonment in an asylum for the insane
would not hesitate to do So"
"Have you any power for transferring prison
ers from The penitentiary TO the insane hospital
in cases of Insanity" was asked
mo. The prisoners who are serving sentence
for crimes committed while insane are rational
most of the time-they are insane only under
certain conditions, or at certain periods. If
they were committed to an insane <Spital they
would be discharged. I wish there was some
place where these insane prisoners could be sent
aud kept in confinement, so that they wOu'd not
he compelled to bear the stigma, at least, Of
being criminals"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28

elephant attended to- One burden at a time Is
eROugh. and the improvement of Pogues run is
an imperative necessity.
Herman Lieber: do not think there is any
immediate necessity for, the repaving OF Wash
ingtOn street. The Improvement of POgue's run
is n positive necessity. l am in favor of having
that water-course put in condition to carry of
the water that comes to it. To remove the OBJ
structons is something to start on. AS TO the
tax IL must not be made excessive.
Charles K9hne l think the Improvement OF
POgue's run a matter of the most Importance
If 1t is neglected it will cost the city more here
after by losses ana annoyance We afford to
wait for a new street a matter of less moment.
l think the better plan would be not to ask for
thirty cents on the 800 at once, but to have the
tax fall as lightly upon the people as possible by
making 1t go over as many years as possible.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28

The dress drill, inspection and ball given by
the Indianapolis Light Infantry at Masonic
Hall, last night, was in every way a grand az
fair. Fully five hundred people present,
and the costumes ofthe ladies were rich and ee
CANT, while the cavaliers were gallant and hand
some in blue and buttons. This is the first ball
of the season, and 1t is not likely that any of its
successors will excel 1t in briiancy. The drill
was fully up to the [. L. l. standard, and was
warmly applaudei by the spectators, the fair
guests being particularly pleased. Following
the drill came inspection by General Carnahan
and staff, and the ball concluded the entertain
ment.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
Installation of Rev. DR.. Pierson.

Rev. DR.. Arthur r. Person recently pastor of
the Second Presbyterian Church of this city,
was formally installed as pastor of Bethany
Presbyterian Church at Philadelphia on last
Sunday night, before a congregation of over
$500 persons. He succeeds Rev. J. R. Miller,
who surrenders his pastoral duties for the edi.
torship of the Sunday -school publications of the
Presbyterian Board. The sermon was delivered
by Rev. S. T. Lowrie. of Ewing. N. j., and the
charge to the new minister by the retiring pas
tor. For several minutes after the services Dr.
Pierson was busy shaking hands ami receiving
the congratulation of the members of his new
flock.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28
Health Board Statistics.

The State Board of Health has received re-
ports from all the counties in the State as to
the number of deaths in each during the last
fiscal year The total number of deaths iu the
State Vas Ii 1925, ofwhich 1850 were males and
7,165 females Marion county reports 1.742
deaths, which is at the rate of fourteen to each
900 popuation-a good showing. Wander
berg is next ON the list, with 700, OF which 80
were from smallpox at Evansville. Vigo
county reports 542 deaths, Tippecanoe 247,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-28

The arrangements are now being rapidly per-
fected for the Flower Mission fair, which begins
at Lyra Hall mex: Tuesday. 1t is intended to
make the fair resemble German village. and
TO this END there will be daily market, dairy
bakery, lunch, etc, where families can he sup
piled, tits desired that all the ladies who desire
to contribute to the fancy shop shall send in
their articles Immediately, either to No. $40
North Delaware street, or No. 139 North Penn
RYlYania street.