Jasper County Democrat, Volume 8, Number 28, Rensselaer, Jasper County, 14 October 1905 — RIGHT, BUT WRONG [ARTICLE]

RIGHT, BUT WRONG

Such Was Decision In the Strickfaden Case, AND APPLIES TO BOTH PARTIES. Court Dismisses Appeal But Says the Advance License Is No Good. — Other Court Proceedings In the appealed case of Albert Brand et al vs. George A. Strickfaden, wherein the latter was granted a saloon license in the commissioners’ court at their October term to date from Oct. 13, 1905, when the oldjicense held by him does not expire until Dec. 14, 1905, arid the objectors to the granting of said license appealed to the circuit court, came up before Judge Hanley Saturday afternoon. The objectors were represented by attorney 8. 0. Irwin, while County Commissioner Halleck and E. P. Honan, represented the defendant. The latter moved to dismiss the appeal, alleging that there were but two ways in which the objections to a saloon license could be made, one by a general remonstrance and the other by attacking the fitness of the applicant. The court held this plea to be good, but intimated very plainly that the license granted last week was not good and that the applicant would be taking great chances if he attempted to sell liquor under the same; that he could be prosecuted for illegal sales or selling without a license. In brief, both the applicant and the objectors were right, and yet they were wrong, and as the latter were not properly in court license must be issued although it is not worth a tinker’s d — after it is issued. It is understood that nothing further will be done in the matter by the anti-Baloon people until after the old license expires. Other matters not heretofore reported follow: Roy Kellenberger, whose case was on trial as The Democrat went to press last week, was found guilty of assault and battery with intent to commit rape, but the jury recommended leniency of the court. He was given an indeterminate sentence of from two to fourteen years by the court and was taken to the reformatory at Jeffersonville Monday. In the case of W. L. Lewis, vs. Myrt B. Price, wherein the former, who was appointed engineer of the Iroquois ditch and later discharged and the latter appointed, and Lewis then Bued to have Mr. Price ousted, claiming that the appointment constituted him a public officer aud as such he could not be discharged except for cause and be given a hearing, was finally disposed of by the court Saturday afternoon. The defendant had demurred to the complaint, holding that plaintiff was not a public officer and could be discharged at will by the commissioners. The court sustained the demurrer and defendant prayed an appeal to the supreme court # to which it is probable the case will be taken. The September term of the Jasper oirenit court endid Saturday night. The last jury case of the term waa the case of Walter V. Porter and James H. Chapman, trustee of A. MoCoy & Co., vs. John A. Williams et al, and was the most lengthy case for the jury to decide of the term. Williams is a tenant on the former McCoy lands, and was given in the 1904 lease as he had been previously, ten acres of ground free of rent. He contended that this ten acres could be selected by himself, and took ten acres of corn ground. The plaintiffs claimed that the ten acres was in a 30 acre pasture, 20 acres of which he was to pay rent for. No specific location of the free land was made in the lease and when Williams hauled away the corn plaintiffs stopped payment to him at the elevator. Other matters also entered into the case which was brought recently. The case went to the jury at 2p. m., Saturday and after eight hours deliberation a verdict of SSO for plaintiff and coats be equally divided was retnrned. David H. Yeoman vs. William H. Babb; jury find defendant t

be of unsound mind and oourt appoints Henry Grow guardian of person and property of said Babb. Guardian files bond in snm of SI,OOO with D. H. Yeoman surety, which is approved. Mr. Babb is in the soldiers home at Lafayette and the purpose of this proceeding.is to look after his pension. James H. Chapman, trustee, vs, Mattie M. Rinehart; sheriff directed to sell 980 bushels of oats and the hay attacked, and to pay for catting and stacking of hay oat of proceeds of sale of the hay. Conn. Mutual Life Ins. Co., vs. Mattie M. Rinehart; notice ordered to non-residents judgment for plaintiff, 57.25. James H. Chapman, trustee, vs. Seth B. Moffitt; judgment for $337.16, and chattel mortgage covering one hog, four head of males, six horses, harness, farm tools, etc., etc., purchased by defendant at the assignee’s sale at Fair Oaks, May 26, 1904, be foreclosed and property be sold. Hugh Brosnan vs. Johanna Brosnan; court finds defendant to be of unsound mind and appoints Hugh Brosnan guardian to manage her affairs, he to file bond in sum of $1,500. Tbos. W. Grant vs. Flora E. Greenfield et al; judgment for $447.76 and mortgage foreclosed. Charles E. Hershman vs. Richard Passons; dismissed by plaintiff. J. E. Augesburger vs. Christian Gerber; defendant ruled to answer Nov. 3, 1905. Deposition of Barbara Saltzman ordered at office of Sigmund Livingston at Bloomington, 111., on Nov. 7, on defendant’s motion. Ida M. Heafer vs. William Andersch; report of receiver presented, showing that the real estate bad been conveyed to plaintiff before there were any rents and profits collected, ana receiver is discharged. J. A. & W. Bird Co., vs. Lee Jessup; Judgment foi plaintiff, $57.25 Mary E. Spitler vs. Lucas Lnmpp; dismissed by agreement. George W. Pfleeger vs. Charles Warner and Mrs. Charles Warner his wife; judgement for plaintiff, $87.00 James H. Chapman, trustee, vs. Albert Keen et al; plaintiff granted new trial. William H. Bush & Co. vs. Edwin Fairchild et al; demurrer over-ruled and defendant ruled to answer first day of November term. N. P. Valerius ys. same; same ruling. Wolf Bros. Shoe Co. vs, same; same ruling. N. Hazlett vs. Samuel A. Dutcher et al; continued for service. James Hill et al vs. William D. Crothers et al; continued, notice ordered to non-residents. Nora Casey et al vs. William J. Reed, guardian; dismissed on defendant’s motion as to Nora Casey; demurrer over-ruled; defendant files answer and case continued to Nov. 15. Sprague Warner & Co., vs. F. M. Abbott; judgment for $103.98. John H. Jessen vs. S. P. Thompson et al; dismissed by plaintiff at his costs. The remonstrators in the 8. F. Iliff et al road matter in Jordan tp., asked for a new trial, which was over-ruled and the case will go to the supreme court. The following cases were sent oat of the county on change of venue: Frank G. Perkins vs. Max Weller, to Newton county. Frank B. Vennum vs. Frank B. Ham, to Newton county. State vs. A. & T. J. McCoy (eight cases) to White county. Reed, administrator, vs. Panhandle railroad company, to White county. Chapman, trustee, vs. the MoCoys, to White county, Lee Jessup vs. Mattie Rinehart et al, to Newton county. Chapman, trustee, vs. John W. Paxton, to Newton county. Chapman, trustee, vs. W. B. Austin, to Newton county. Warner vs. Marshall, to Newton. Broken spectaoles or eye glasalenses duplicated by A. G. Oatt, Optician, office over Warner’s hardware store. The city tailors give the open* ing at Murray’s, Oct. 18 and 19.