Evening Republican, Volume 19, Number 280, Rensselaer, Jasper County, 26 November 1915 — SHERIFF DEFENDANT IN SUIT FOR DAMAGES [ARTICLE]

SHERIFF DEFENDANT IN SUIT FOR DAMAGES

Henry Whittaker and Others In Lake County Charged With Assault On Anthony Nomensen. / A suit that will be hard fought was started in the Jasper circuit court this Friday morning, having been venued here from Lake county. The action is for damages for injuries received by Anthony Nomensen, a farmer living near Lowell and is against Henry Whittaker, sheriff of Lake county; Fred Friedley, Vis chief deputy; R. Graham, a saloonkeeper at Crown Point, and Robert V. Russell, a saloonkeeper at Cedar Lake.

On the 13th of last July, according to the plaintiff’s story, Nomensen and Nick Minninger, of Lowell, stopped into Russell’s saloon. Whittaker and the other defendants were in the saloon. An altercation arose relating to a remark Minninger was alleged to have made against Whittaker during tlj.e campaign when Whittaker was a candidate for reelection as sheriff. Minninger and Nomensen allege that they were assaulted by the sheriff and his deputy and the other defendants and that Minninger was knocked cut presumably with a blackjack. They allege that Minninger was dragged to the back part of the saloon by Mrs. Russell and that Nomensen was knocked down and kicked, suffering a broken left arm, a broken nose and other severe bruises.

The remark Minninger was charged with making was that Mrs. Russell had told him that the reason her husband was supporting Whittaker for sheriff was because he secured protection from prosecution from the sheriff.

The plaintiffs are being represented by Attorneys George E. Hershman and Otto J. Bruce, of Crown Point, and A. Halleck, of Rensselaer. The defendants are represented by Attorneys, E. C. Davis, H. S. Baer, Tinkham & Tinkham and D. E. Boone, of Lake county, and Geo. A. Williams, of this city. Other news of the circuit court follows:

The appeal taken by Schutlz in the action brought by Leslie Alter for the loss of a mare alleged to have been killed by a horse owned by Schultz was dismissed in the appellate court. Alter had received a judgment for $25, although it was shown that the mare was Worth more than SIOO. It would seem that he should have recovered full value for tihe mare or no judgment at all. Schultz, on this basis, took an appeal. The appellate ; court held that the amount being for a sum less, than SSO could not be reviewed by a higher court.

Glazebrook et al v. Messman. Cause dismissed and costs paid. Union Central Life Ins. Co. vs. Herr. Foreclosure of mortgage. Estate of Peter Behles. Last will and testament admitted to probate. Will gives children by first wife $5 each and children by second wife all the balance of the property consisting of personal property and small farm north of Tefft. Children of first wife had commenced a partition action on theory that their father died intestate, thereby leaving all the property to both sets of children equally, but the probate of the will will have the effect of abating the action in partition and children of first wife will receive but $5 each unless the will should be set aside for cause. •