The Cedarville Herald, Volume 48, Numbers 1-26

k '#K^» / -•Sr —' - ?;d'{ to Imqfam tb* *r- to*to JN*»Mt tofitolfc * penalty pp*« H n >paw* wdvatoat to Urnmtik tm- tor ttot m t « f the a*tfcj* w*uH pro-, due*. * « FORTY -EIGHTH YEAR NO. 2. CEDARVILLE, ). JFRIDAY, DECEMBER 26, 1924 „«FWr-%»r^ AS PROSEGUTOR **■.*'■ *£'►*,*-" ■•».»••:. Prosecutor J, Kenneth Williamson tendered hi* resignation Friday to | Common Flea* Judge R, L. Gowdy. I The resignation was gent to Clave- land where the Judge was hearing a * case in that city. j When the trial of C. W. Lattimer, ‘ vmt *efc for the murder of C. E, Mach! rodt, November 26, oh- the street in Xenia, near mid-day, Prosecutor Williamson objected for several reas­ ons. That the s*ata could not,be ready, that jurors did not'wish' to be tied down a Holiday week and that the Prosecutor will complete his second term on January 5th and waa to re­ tire from office. He held that in fair­ ness to the state the case should go •over for the new Prosecutor, J. C, Marshall, Judge'* Gowdy refused . to consider the objections and proceeded ■to set the case for December 26, tq~ . day. ’ The following is a copy of Mr, Wil­ liamson’s letter of resignation and his reasons for resigning:" My dear Judge:—* On December 16th I forwarded to you this communication, towit: , “In view of the protests that have arisen among prospective jurors against serving during" the Iloliday. season, and. for other reasons which I shall enumerate later, I feel that it is only just to the State that I ask for a continuance of the case of State of Ohio. vs. Latimer until after the be­ ginning of a new term. ‘ ‘ \ -For'this period practically every member of the jury has made plans, or will make plans" that must be necessarily abandoned in. order tc . perform their duties as talesman or jurPrs, This' naturally does not leave ■these jurors in a deliberate frame of mind but rather they will be resentful at, the injustice of being compelled to /stove during the1holiday season and. will be consinuously imbued with a desire fa have this ease hurried tq a conclusion, This ’ Should. not he. This being a first-degree murder case/ ' ’ . "i- ■ i‘ > #S?Y»r'?» V y ■ .* \5>~e<i>»-• "V* *4111 *m-t rs - KWC * .■at--; *’<£s^S- mm * I “ 3 \ / wwcA.stesu-' attention to the evidence and each side full and complete opportunity torpresent all of its evidence without undue haste, ■' . ■ JThat this will work a hardship against the State rather than against the defendant is evident from the statement of counsel-made in open Court on December 6th at which, time defendant’s counsel stated-theywould produce only two or three witnesses, while as counsel, for the State I stated to you that I would produce approx­ imately 'fifty witnesses, therefore the lengthiness of the trial will be caused by the State, ahd it follows that the State will be, placed at a. disadvan tage if compelled to try this,case at a time When it must necessarily be locked up during the course of this trial* „ SECOND: By your entry of Octo- ber23rd, Journal Record. 60, page 224, the judicial year commencing January-1, 1923, the January term is made to commence January 5, 1925. The judicial year necessarily closes December 31, 1924, and this would leave an interm Of four days. To hold courts particularly a first degree murder case, during this time Would permit A serious question to be raised ai to procedure. Third: It is unfair to the State to compell it to go to trail at a time when the present Prosecutor has only five daft in this term of Court and only nine more days to serve as Prosecutor, one of those days being Sunday and another a legal holiday, towit, New Years, There iis very great liklihood of this case running beyond the term of the present Prosecutor, particularly in view of the time that may be consumed-in obtaining a jury, and even if he were then appointed to continue he musk relinquish his place as chief counsel and the new Prosecutor automatical­ ly become.-?, under the Statute, chief counsel. This does not permit of the case being tried to the best ad­ vantage by the State, and the State should not be placed in this, disad­ vantageous position, Further, if this ease were to continue past the term o f the present Prosecutor it would necessarily be prejudicial error for fhe new Prosecutor to enter the case nfter the jury was qualified and since he, under the laws of the State, be­ comes Prosecutor and thereby coun­ sel for the State, such error could not be obviated by his Simply not taking part in the trial after entering on his Jarm. The State should not be placed iu a position that would necessarily eatise U to commit error from causes beyond its control. This is a trial of great importance not only, to the defendant but the ,white which has bean outraged, Each ide is entitled to have the se as* igned at a date that insures a fair trial to ill* _ The continuance .requested, towjft to the beginning of the next term,, is ‘ m JUDGE SHGUP HAS CAUSE FOR JOYOUS CHRISTMAS length Of days. I would further call to your.atten­ tion that it is an unnsaul time to*b§- gin a first degree murder Case on Friday or practically the end of the week.- It would be much better-’ to begin such a cage on the first days of the week and such i-s-the general practice. I submit therefore that al- a Yuletide season, with high spirits as a result of a recent decision of the Ohio Supreme Court that upset a de­ cision of Judge Gowdy in a suit qf George Oglesbee over the settlement of an estate. The suit was originally brought on behalf of .the plaintiff by Judge Shawn o f Lebanon.,After,wait­ ing on Judge Gowdy for a number of months to render a decision in the. -tnpftgh a speedy trial ,i$ commend-J case the Judge .derided against Mr. able yet the avoidance -of probable jOglesbee. Judge Shawan then indue- onvr, and the-securing of a fair trial je(j Judge Shoup to assist in the case are just as essential to.the endsvof [and Judge Shoup prepared the bx*iof justice, -v ■* . ■_ ■ ithat took the case to the Supreme I therefore on behalf of the-State, |Court. The Supreme Court decision make application that a continuance *sustained Judge Shoup’s contentions be granted until the first of the next on law and argument and gave the term. In view, of the -trial nowbeing set' for the 26th will you kindly let me know at once whether this, applica­ tion will be granted.” You denied this application. I am unwilling t6 lead the State into a case in which error will he -so probable for the reasons set out in the above com­ munication and at a time when the State cannot do itself justice. I deem it my duty therefore 'to • resign. I submit therefore to you this my re­ signation to take effect immediately. . Very respectfully, (Signed) J. Kenneth Williamson. Monday Judge Gowdy accepted the resignation of the Prosecutor and at that time named Harry C. Armstrong and E. D. Smith as special prosecu­ tors and announced that the trial Would be held Friday as scheduled. It is thought that the trial will last three or four days and may run a wee-t, Before resigning Mr. Williamson took up the matter with the best criin tool lawyers in adjoining counties and he was informed that there was 'no precedent for a judge setting a mur­ der trial for hearing at the end of a prosecutor’s term*of office. Sonic of these attorneys have been on the bench and have had long experience in such cams. He says all of the attorneys consulted advised resigning rather than, jepordise the case from the standpoint of the state, Mr. Williamson also stated that nf- ter the grand jury reported, he and Frank L. Johnson, counsel for the defendent called on Judge GoWdy to consult as to a proper time for the trial. At that time Judge"Gowdy held-' to the view that it should not be un­ til after the first of the year and Jan­ uary 6th was suggested. This dates Was agreeable to all and both,attor­ neys were to Call the next day Whom the formal time would be set, When the attorneys called the tlrnc had been changed for some cause to December 2Gth. verdict.to Mr, Oglesbee. The amount involved was about $16,000. L. T. Marshall represented the defendent. DID YOU GET A BONUS? YEp, WE DID NOT Press dispatches .state that Wall Street, New York City, firms distrib­ uted bonds to employees and stock­ holders that would -amount from 40 to 60 million, dollars, This' amount should spread considerable cheer in the nations financial center.' HAGAft STRAW BOARD CO* MAILS CHRISTMAS CHECKS The Hagar Straw Board & Paper Co. on Monday mailed Christmas checks of five dollars each to all em­ ployees. The remembrance is (me the employees,greatly appreciate and is commendable on the part of the com* pany.» * Wa$hingfon~-JF6 or not to ctr the Christmas trees, may become another famous question, Ever since a hill was introduced ip con­ gress proposing to’ prohibit cutting .Christmas trees and the. American Tree Association declared in favor of cutting them, in a proper manner .calculated to aid reforestation, the question has grown toward a contro­ versy. On -the one hand are the forestry experts who maintain that cutting out? of small Christmas trees ohly. "aid larger growth and on the other are the tree enthusiasts Who 'main­ tain that children should be started on their way to a respect for forest life by being taught to do. without the Christmas tree. Women’s clubs End others taking tho latter view have appealed fo Lathrop Pack, o f the American Tree Association to repiadiate the recent -evpreSsions in favor -of no tree cut­ ting by Professor Ralph S. Hosmer of the Cornell forestry school. REV. COLMAN RESIGNS Rev. R. N. Colman, pastor of the Clifton Presbyterian church offered his resignation Inst Sabbath to take effect this coming Sabbath. Rev. Col- man has received a call .to the United Presbyterina congregation at German town, Pa. His work in the Clifton field has been eminently satisfactory and the congregation regrets his leav­ ing.' COLLEGE B. B. TEAM - DEFEATS URBANA Cedarville College basket ball team Won from Urimna Junior Col­ lege at Urbana last Thursday night by a score of 28 to 22. The local team sot a fast pace and kept it Up. At the end of the first half the game was a tie but endurance hikl fast passing gave victory' to Cedarville. BUfLDlNG N ew WAREHOUSE The Abel Magnesia Company has under construction a new Ware house that will more than double the storage capacity of the plant. The Company has been handicapped in rush times by-not having large enotfgh stock* in storage for quick shipments. f ' NEW YEAR SERVICES M. E. CHURCH • * Sunday School at 9:16. Music by the orchestra. P:'M. Gillilart, Supt. Morning worship at 10:86, A New Year’s sermon by the pastor, . Junior League at 2 P, M. Epworth League at 6 p. Jxft Union Strvfot* at R, P, Cht^ch. BOYS HAVE THEIR INNING Boys were bom last week to Mr, end Mrs. Archie Hart, Mr. and Mrs, Huey Hart. Friday g son made his appearance at the home of Mr, and Mrs. Hugh Turnbull, Jr., and Wed­ nesday a son arrived in time for Christmas at the home of Mr. and Mrs, Arthur'Judy. IN MIDDLETOWN Dr. W. R. McChesney preached last Srhbath for the U. P. congregation in Middletown and. will fill the pulpit again this 'coming Sabbath, NOTICE F6R DOG TABS 1926 Dog Tags are now on sale nfc the office of the County Auditor. If inconvienent to call at the office per­ sonally , if you will mail $1.09 for a i-male dog. $3.00 for female, the tag Will bn sent to your address. Bo sure to give description of tha dog* R, 0 . , . ... wCounty Auditor Cord of Thanks:- We desire to ex­ press our sincere thanks to our friends -and neighbors who kindly assistted us in our recent bereavement through death of wife and mother. To‘Rev. SteVens for his consoling remarks and Mrs. McDonald and Mrs. Chas, John­ son for the beautiful selection Tender­ ed, Also to thoto who sent beautiful floral tributes. D. H. McFarland and family, (ii.LiugM in.itfiji'tmVirntivtiuanA triv i.-| ujti 1 . For Rent: Houat on South Main straaU V?rite Mrs, A, S* Baumann, Grata Goaut, Mo. “ CHRISTMAS 100 TEARS AGO . IN CEDARVILLE About the only thing that was plentiful op Christmas Day in Cedarville a hundred years or more ago'wa3 Christmas trees, if we are to accept the .testimony of local historians. But even.if they did have Christ­ mas trees, the pioneers had very little to trim them with except pop­ corn, and there were few presents that could be placed around the foot of the tree in those days. (Old-timers' will question whether the youth of today is any happier with the many presents, varied and high-prided, that are rtow received. It is true that there are many young­ sters in -Cedarville who as individuals receive more gifts on Christmas than did1all of the pioneer children put together in the first few years after Cedarville was founded. . Such a thing as a walking and talking doll—the momma dool of to­ day would have been a rare curiosity in old times, when a roof doll baby was considered a treasure by a youngster of that time. When Willie takes his little. red automobile oiif .on the street-—the one that cost $50 or $75—-he is en­ joying a luxury the boy of ,1800 did not have, and npt having did not miSs, - Worth A Fight- Even a lowly sack of candy was a rarity in those early days, and-'a bag of peanuts must have been something to fight for. More than likely the family just got together on Christ­ mas Day and the father said, “Well, folks this-is Christmas,” and let it go- at- that, not having the where­ withal to spread any Christmas cheer, Speaking of Christmas cheer, the old-timex*s had plenty of “ hard stuff," for that was. one way they had of getting rid of their corn—distilling it and putting it in barrels, so that transportation to distant points would he -easier. ' $ who imbibed ttoo freely and often in this liquid cheer, were often varried by the war whoop, fox1those were the times when Indians were more com­ mon than the calls qf the proverbial Santa Claus. ‘Maybe on -Christmas Day Pap would come in with some wild turkeys or geese, or perhaps a deer for the day’s feast. Or maybe he would bring Mam a new table he had hewn out of a log to replace the tl’d one, ’ HAD NO MONEY It was a good many years before Cedarville had money enough or sui plies enough to make Christmas x Day when presents could be given out in any quantity, Modern pro­ duction methods and other -advances have brought useful and attractive gifts within the range of the pocket book of most folks, Only 40 years ago the holiday sea­ son wa3 lacking in this respect. The older re-idents will confess that some candy, pop corn, peanuts and an orange were not to be sneezed.at, for, there was little else. One Cedarvillian testifies that he was very proud of a"pair of little leather boots; that were given him as his present oil Christmas Day, They had red tops, with elephants on them. And best of all—-they had copper toes. He was the cynosure of all eyes when he walked down the street with tho-.e on. He attracted as much attention v.t- doubt as Willie does to­ day when he rides down the side­ walk trt his toy straight eight ,Cad(li- l::i. ‘ * A girl was glact to get a new hair ribbon in those- days. Now she does­ n't need a hair ribbon, with her hob. OHIO HEWS IN BRIEF A CIIRISTMS BIRTHDAY Andrew Jackson will celebrate his 81st birthday Christmas at which time members of the family will gath­ er to enjoy the day. Mr, and Mrs, R, A, Baldwin, and sdn Robert, of Chicago, are expected, They will make the trip by motor and were to start Monday morning buj; had not arrived Wednesday noon, STARTS FOR FLORIDA Charles F. Marshall left Wednes­ day morning for Dayton where he will remain with his daughter, Mrs. Ger­ trude Herbert, until Christines even­ ing, when he will go to Orlando, Fla., where he has Spent the winters the past few years. * Buy your Alcohol for your automo tiles, at Ridgway’s if you want the 1cat quality tor the least money ^ Notice-Mlinder tor sale at the 'plant of The Hagar Straw Board A per Co. at tha usual price. j Fetot Shoe company’s shoe store in j Cueveland was robbed of $4,600, It i was the third robbery of one of the » company's stores in consecutive weeks, Its Cincinnati store losing $3,000 and one at Louisville $500. Dansy Plant, 37, miner, was atmost j instantly killed at Corning when i caught under a fall of rock. Police Edward J, Dvoork, 31, died in a Cleveland hospital from Jnjurfe* suffered in aix automobile accident. , Two automobile fatalities were re­ corded ixi Cleveland. John T, Walsh, 50, president of a construction com­ pany, was killed when his machine v ent over an 80-foot cliff. Miss Betty McDonald, 22, died shortly' after an automobile in which she was riding skidded into a streetcar. John Martin, ufiner, was seriously injured when caught by a fall of rock and slate at the Elk cogl mine near Roseville. , ' Cleveland’s police force will be aug­ mented early tn 1925 by 123 new pa­ trolmen and 15 more police women, Safety Director Barry announced. Ground was broken at Washington C. H, for the new $1,00,000 postofflee, ■Workmen’s ,liyes were- endangered when an oil line broke at the Paragon Refining company's plant at Toledo. There was an explosion and fire, caus­ ing dam- ;e in excess of $100,000, M. R. Singleton, general manager, said. John Dorsey, 39, walked into police headquarters at Cleveland and de­ clared he shot and killed his wife at Indianapolis. He said he is a regular army sergeant and that a corporal had been 'paying attention to his wife. William Green o& Coshocton was elected president of the American Federation of Labor, to succeed Sam­ uel Gompers, deceased. .George ReinChield, 79, farmer near Royalton, Fairfield county, died of internal injuries suffered when he was attacked by a vicious coxy in the barnyaTd. Fire destroyed the home of Mrs. Olive Jones at Stanley’s Run, near Beliaire, four persons perishing. The dead arc: Louise Jones, 11; Hazel Jones, 17, daughter o f Mrs. Jones;, Alice Myers, 4, and Hazel'Myers, 2. Otto Neuen, 50, was killed, instantly and two companions, Robert Burke, 46, and Arthur Japkson, 45, injured seriously when the auto in which they were riding skidded* on a road ’ near Sandusky and plunged over an enj; bankment, .. Joseph C. Kane, 21, YoungstpWn, was granted a stay of, execution-un-' til Jan. 8 by thq; supreme court. Kane isund e r deatttoiflhtance4 for beating A NEWSPAPER DEVOTED fC LOCAL AND GENERAL NEWS AND THE INTERESTS OF CEDAE- VILLE AND VICINITY, PR ICE r$U 0A YEAR COMMISSIONERS SOUGHT TO DISPLACE GROW William Kate, 40, o f Canton, was’ killed -near ‘ Straaburg, when a truck’ in which ho was riding, and which Donald Morgan of Stone Creek Was driving, collided with a coupe. ‘ Two others were injured. Charged with violating the prohibi­ tion laws, three policemen and two Others were convicted by a federal graiid jury at Cleveland. The1men are alleged to have attended a - pig; roast at which liquor was sold. ‘ Rev. Father J. P, Roach Was ap­ pointed pastor of St. Thomas church, at Zanesville to Bucceed the late Rev. Father L. F. Kearney. Rev. Father' Roach came from Fall River. Mass. Largest haul of mash ever made in -. Athens County was captured In the York township hills, when more than 100 gallons ready for the., still was taken in the home of George Passen, He Was fined $360. Under present plans, the proposed new school for girls to he located on the site of Marlon’s famous Indian mound, will cost about $1,000,000. The school will accommodates between 300 and 500 girls. Body of a man killed at Cleveland by an automobile was identified by Ernest Carlisle as that of his father, Charles F. Carlisle, 72. Zeck Oney, 17, Greenwich township, Huron county, youth, arrested on a charge o f killing William button, 45, a farmer, with an ax last month, was indicted for second degree murder. Bursting of a large water main in the heart of the shopping district ol Cincinnati Hooded basements and did thousands of dollars’ worth of data* age before waterworks' officials could turn off tlio water. There is a Christmas present of about $10,000 awaiting John B. Evans, Who, a minor, left his home in Cleve land 10 years ago and has not been heard from. He is lieli to an eighth interest in property which was Bold apd to which clear title can pot be acquired because of hs absence. Miss Virgiua Castle, l?, of Lorain, Was killed and Miss Katherine Crshrlc, 20, of Cleveland, internally injured when a truck hit the two young women In Public square, Cleve­ land. While raiding a residence at To* ledo, four members of the police dry squad wore attached by a bear. Their clothes torn, they fled the premises Wlllfiun Jacobs later was arrested on the charge of possessing liquor The bear had been used for circus pbr poses, he said. Edward O, Arnold, 61, banker, died at Mt, Vernon at a meeting of tha di­ rectors of the Knox County Savings bank, of which he was vice president. ■Ills death was attributed to haart failure. g. E. Garrett, Columbus, Delaware and Marion Electric railway motor- man, was oadly nurt and hta car dam­ aged when a truck ran Into him to a fog at Marion. Bellefontalrte girls under It must take their father or mother along If they expect to get into public dance halls to the future. The Hocking Bower company, with a large power station near Nelson* vllle, la nbbut to receive a franchise tor commercial power for the city of Welistoh* P, E. Grow, superintendent of the Greene county infirmary wax dis­ charged Saturday by the board of com ' missioners -of Greene couniy. ,M. S, Smith, Tetired of Xenia, was named temporary superintendent. The commissioners failed to ex­ plain reasons for the action other than it was promopted by charges Of “ inefficiency” brought to its ftt- ' tentiOn by the board of county visitors, . , 1 . Crow’s position terminates De­ cember 28 by action of the com­ missioners. He made known inten­ tions to remain on the job and' re­ tained W, L, Miller, attorney, to fight any charges which, might be brougjxt against him before the state* civil service commission. Several unsuccessful efforts have been made to obtain Crow’s resigna­ tion. Recently his salary was re- , duced from $100 a montE to'$25.-a- ixionth. Then it was cut to $1. Crow- ignored the board and declared bis intentions of ., standing pat until ' January 1, when a new board will assume action. Crow was appointed' March, 1, ; 1923, succeeding M. Smith, who has been named to go back .on duty , until a permanent-successor is found. * - He was superintendent of the Xenia * workhorse, for years ,and. was serv­ ing as local agent of the D. S, sanfi X. ■‘ S. traction line when appointed to he infirmary position. ., Monday ,Crow was allowed-a tem­ porary restraining order in Common Pleas Court, restraining the Board- ■ pf County Commissioners from in­ terfering with his position as head of the institution. Supt. Crow states that no formal charges ,have been filed against him and as he has "taken a state Civil service examination he will resist removil. As two members of the Board of ' Commissioners retire January 5t5x, the tocoxi remlt$t6dd’""iti sbrifiT The report of the County Board of Visitors that inspects county insti-> tutions id headed by ReV. Tilfqrd^ pastor of the Presbyterian church in Xenia, The report covers more than 100 pages dealing, with the situation at'the county, tonne in which condi­ tions are represented as being to .a - bad slate-of affairs. *- It id reported that J. C. Clifton, of the State Bureau of Accounting* is also making an investigation, < . CHRISTMAS ENTERTAINMENTS ‘ HAVE BEEN JOYOUS EVENTS The Yultide season was urshex’ed to ; with a number of excellent entertain­ ments, particularly that of the Fourth Fifth and Sixth grades of the,public schools last Friday night. The read- ; togs were splehdid, the singing Milch more than expected and the staging of the “Doll Shop” captivated the au­ dience. Prof, Talcott’s work as mim­ ical instructor in the schools is pro­ ducing encouring results, Saturday the R, P, Sabbath; School gave the annual ^Christmas dinner; to 4 the little folks, about fifty were pres­ ent, The Sabbath School entertain­ ment was held Wednesday evening; Tuesday evening the U. P. Sabbath School gave an entertainment to which Most all of the classes took part. Special music had been prepared Hie treat followed, * The big event of the week was the Community Christmas tree program Tuesday evening on the U. P. church lawn previous to the church entertain ment later. Regardless of the fact that that snow covered the ground a good sized crowd braved the ’Weather for the program of music by the schools, and an address by Dr. W. R.,. McChesftey. 'W'. W. Galloway had charge o f the program. There were gifts and candy for all which was made possible by the 'Wallace C. An­ derson post of the American Legion. Funds were raised by public subscrip­ tion. This is the seeond year the post has put on this Christmas event and it is a worthy fine that will no doubt bo a permanent event in the years to come. The tree, a fine specimen cedar came from W. B. Stevenson’# and the electric lights were provided by tlia Dayton Power A Light C6, The M. E. Sabbath School enjoyed a fine program last Sabbath morning during the Sabbath School hour. Af­ ter the aervice the little folk* Were given a treat, Sabbath night a special musical program wax given by th* Junior choir, The Ulvoral Union of Cedarville, Yellow Springs and Clifton repeated the program given here last Tuesday night with marked success at YaUow Springs, pabhtoh night and Monday night at Ullfton. For Sale: Good a tom buggy and h m m , >N. L, B*m*»y (it} ’w£J