Jasper County Democrat, Volume 2, Number 26, Rensselaer, Jasper County, 7 October 1899 — THE CIRCUIT COURT. [ARTICLE]

THE CIRCUIT COURT.

The Mays Fined sioo and SSO Respectively—Other Court Notes. The last week of the regular term of the Jasper circuit court closes to-day, but it is now probable that the Lake county railroad cases will be tried next week, the j matter -coming up yesterday, r Divorces have been granted [ Harry Zimmerman, the Fair Oaks i operator, from Anna E. Zimmer- | man, on the grounds of abandon- ; ment, and Louisa Cornwall of DeI Motte, from Edward H. Cornwall, , for failure to provide. Tuesday was the state’s May [day, and the whole ten cases ! against James A. and Frank May were bunched and tried as one, i with the result of a decision of [guilty being rendered by Judge Thompson and a fine of SIOO and costs assessed to James A. May, and SSO and costs to Frank May. This case is familiar to most of I our readers, as it has attracted considerable attention, we will give a brief history of the trouble. On the night of June 21, or morning of the 22, Frank May, who farmed some of his father’s land in Princeton tp., White county, claimed to have had a load of ear com stolen from his crib. The loss was discovered about 6 a. m., June 22. Frank, according to the Mays’ evidence, notified his father, James A. May, and the two got on horseback, and, they swore, followed a fresh wagon track from the gap leading to the crib to the home of Jacob Dluzak, an aged German farmer residing near Center school house, Milroy tp., this county. They saw a farm wagon in which they claimed was scattering grains of corn, near the barn, and, passing on to the crib, found about 30 bushels of corn in one end of same. Without getting into the crib to investigate further, they identified the com, they claimed, as the particular load that had been stolen fiom their crib, and, going up toward the house where old Mr. Dluzak was grinding a mowing machine sickle, they attempted, without a warrant or any legal authority to arrest him. Dluzak, the Mays declared, protested his innocence and raised the sickle as if to strike the elder May, when Frank pnlled a loaded revolver and told the old man to “hold on,” at which he turned partly around with the upraised sickle toward Frank. Then A 1 May seized a hammer lying near by and struck the old man a blow on the head and he went down, releasing his hold on the sickle. They then took him by the shoulders and started to take him with I them. He still resisted, and by this time Mrs. Dluzak—who was in a delicate condition—several small children and a girl and a boy came up. and Mrs. Dluzak caught hold of A 1 May’s arm and tried to make him loosen his hold. At this time, the Mays say, the

old man was crowding the younger May pretty hard and Al hit him Again upon th& head with the hammer, and again he fell to the ground. Diuzak at this time had I no weapon of defense in his hand. He was then lifted up and walked several rods and placed in a wagon i and taken to Wolcott, where a warrant was gotten out charging him with stealing the corn. The evidence was declared insufficient to hold him and he was released. Diuzak claimed to have been badly injured by the blows from the hammer and kicks and bruises which he says were administered by the Mays, and for several days was under the care of a physician. After he had recovered sufficiently to be removed he was again arrested on the com stealing charge and taken to Monticello, where the evidence was again deemed ineuf- | ficient and he was once more dis- | charged. Three state cases were filed j in the Jasper circuit court against l the Mays soon after and the last grand jury returned seven more [ indictments against them, the indictments charging assault, assault with a deadly weapon, assault , with intent to kill, etc., upon not only Mr. Diuzak, but upon Mrs. Diuzak and two or three of the I children, whom theDluzaks claimed had been knocked down, bru- ! tally thrown over a fence, ill treatj ed and abused by the Mays at this ! time. In the trial just had, however, the Mays both swore that they touched ns one but the old man, and that they used no vile nor abusive language to other members of the family. Dlnzak’s counsel claimed that he could prove where he got the corn in question, that be had come by it honestly; that it was not the variety of com raised by the Mays; that the assaults were entirely unprovoked, etc., and that he had witnesses in court to prove conclusively all these facts. The elder May is 56 yean of age and will probably weigh about 200

pounds. The son is 24 and weighs 160. Dluzak is 74 years of age and will probably weigh about 140 pounds. A regiment of witnesses were on hand: at the trial but not many were need. In addition to the state cases, Dluzak has begun civil suit against James A. May, for damages, in the White circuit eourt, the amount asked for being SIO,OOO. May is a well to do farmer and the case will no doubt be hotly contested. The state was represented in the trial by the prosecuting attorney, Sills of Monticello, and an attorney from Wolcott. E. B. Sellers of Monticello, and M. B. Beard of Wolcott, were attorneys for the Mays. The jury was recalled Thursday. • Case of State vs Wm. Martin, securing goods under false pretenses; acquittal. Lesli vs Gifford, line fence case; court held in favor of plaintiff on 20 acres, and against him on the other 20 acres. The case of Peters vs Jones; action to quiet title, was on trial yesterday. This is a Kniman case.