Evening Republican, Volume 15, Number 104, Rensselaer, Jasper County, 2 May 1911 — ASSOCIATION VICTORIOUS IN FOUNTAIN PARK SUIT. [ARTICLE]

ASSOCIATION VICTORIOUS IN FOUNTAIN PARK SUIT.

Plaintiff Dismissed Suit and Defendants Forced It in Order to Find Out How Things Stood. The suit brought some time ago by Chris. Hensler against the Fountain -Park Association, and which involved the ownership of the 8-room cottage built" during the control of the association by Robert Parker, was dismissed Monday morning. Mr. Hensler bought the land where the Chautauqua grounds are located of Trustee William H. Cheadle, after the Parker bank failure. He understood that the cottage# and moat of the buildings belonged to the association or to private individuals, but thought the 8room cottage had. belonged to Mr. Parker, and if it did it would be his in the transfer. He therefore sued for the rental, but he decided to dismiss the suit and this was done Monday morning. The association was here in strength for the legal conflict, however, and J. H. Biddle, one of the directors, who had been looking after the company’s part of the suit for some time, had satisfied himself that the company oouid win and he refused to countenance a dismissal, arguing that it would come up later and that it would be better to settle it now once for all. After a conference of the directors and their attorneys, Frank *Foltz, of Rensselaer, and Dan Fraser, of Fowler, it was decided to force <the fight and the association became the plaintiff and sued for several things. Among the points contended for was the ownership of the cottage and of the tabernacle and an order of the court to compel Hensler to again put the amphitheatre and grandstand on the old fair grounds into condition, it being shown that he had dismantled these to the detriment of the association. They also asked that the road on the east side of the grounds be kept open a't all times. The case called many' witnesses into the conflict and the evidence seemed to sustain the claims of the association officers in practically every particular. It was tried before Judge. Hanley. Mr. Hensler was represented by Senator Halleck and George A. Williams. The court gave his decision soon after noon today, Tuesday. He ruled that all the buildings except the tabernacle would belong to tbe association at tbe termination of the lease in 1929; that the east road mugt be kept open, and that tbe amphitheatre and grandstand must be repaired.