Jasper County Democrat, Volume 5, Number 51, Rensselaer, Jasper County, 28 March 1903 — ABE LOSES HIS SUIT. [ARTICLE]

ABE LOSES HIS SUIT.

Jury la the Newtoa Circuit Court Gives The Democrat Editor Judgment In Full. In the Newton circuit court Thursday, before Special Judge Frank Comparet and a jury of intelligent citizens of that county, only two of whom, we understand, were democrats, the case of Babcock vs. the commissioners of Jasper county, wherein the former sued to recover pay for printing the election ballots used in this county at the last general election, was decided in favor of plaintiff and he was given a judgment in full for the amount sued upon. The case was practically one-sided all the way through, and it took the jury only about 30 minutes to arrive at a verdict: On the first ballot, we understand, one or two were for giving judgment for about five dollars less than the amount sued for, but all were for giving plaintiff a judgment and were not over $5 apart in the amount. The verdict was probably as popular a one as was ever rendered in that court, there being quite a number of listeners to the trial. The plaintiff was represented by Attorney E. P. Honan of this city, and Judge Darroch of Kentland, and Abe by himself and Jesse E. Wilson of Rensselaer. The facts in this case are familiar to most of The Democrat’s readers. The election ballots for the last election were printed by The Democrat. A very reasonable price—lower than was made in most any county in the state—was made in the bills filed before the commissioners, the total of which amounted to §lll.20. Abe cut the claims to *BO. The allowance was refused and an action brought against the county, a change of venue being taken from both this county and court by plaintiff. On account 6f the convenience in reaching there, plaintiff asked to have the case sent to White county, but Abo had been whipped out of his bools by plaintiff in that court iu another case which co9t the county about SIOO, aud would not consent to having it go there, neither would he have it go to the superior court at Hammond The case was finally sent to Newton and Frank Comparet, a well known attorney of long practice, was appointed special judge to try it, The plaintiff was willing to try the case without a jury, but Abe, who knows that a jury can be bamboozled much easier than a judge, insisted on a jury. Plaiutitt proved that the work was worth more than was charged by practical printers and newspaper men who had done the same class of work in their own counties, while the defense’s only witness who had done the work—Bro. Marshall in 1898—swore that the job was worth only about twothirds what was charged, and that it was worth no more to priut the three ticket wide and 17 names long ballot of 1902 than it was to print the two ticket wide and 11 names long ballot of 1898, the last time he had printed the county ballots. Clark of the Journal thought it was worth about the same as Marshall, but admitted that hp had never printed any county ballots. He had, however, printed the ballots for the city election in 1900, and when confronted with a certified copy of the claim he filed and swore to for that work, admitted that he had charged and was paid $9 for printing 1200 six names long and two tickets wide city ballots, about double the prico of The Democrat.

The cow-puncher, Abe’s only other witness and the star witness of the defense, thought the job was worth S3O The composition on all the ballots, county township and sample, he said was worth about $1.50, and the cost of paper and pn s work enough more t make the total s2l. Ili; tostime iy was so preposte >us that it provoked much laughter from jt<-y and spectators, while the dignified conrt had hard work to repress his risabihties. So clou a case hnd plaintiff that he agreed to submit it to the jury without argument, to which defendant consented. Defendant submitted written instructions which were tendered by the court. Plaintiff submitted no instructions, relying on the clearness of the testimony and fairness of the court. After the verdict was rendered,

Abe asked for a new trial but the court overruled the motion. He then prayed an appeal to the supreme court and was given ninety days to perfect same. Now, is it not about time that Commissioners Denham and Waymire assert their manhood and put a stop to Abe’s running the whole thing to suit himself and spending the taxpayers’ money in useless litigation to satisfy his own personal spite? The taxpayers should rub the backbones of those worthy gentlemen with a little No. 6 sandpaper and show them where they are at.