Jasper County Democrat, Volume 10, Number 2, Rensselaer, Jasper County, 13 April 1907 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol.

Judge Darroch and John Higgins of Kentland, Judge Palmer and E. B. Sellers of Monticello, Jasper Guy of Remington were among the out-of-town lawyers attending court here this week.

Clyde Gibbons, the young man from Roselawn in jail here in default of bond on surety of the peace proceedings, was released Monday on orders from the Thayer justice before whom the proceedings were begun.

A meeting of A. McCoy creditors is called by Referee Bowers at his office in Hammond April 20, to pass on a proposed compromise of the claim of Wood Bros, of Chicago of $6,890.55, which it is proposed to compromise for $4,000.

The Remington and Carpenter tp., stone road bonds were sold Wednesday to the First National Bank of Rensselaer at a premium of $193, The bonds aggregate $60,000, and are in denominations of SSOO each, bearing 4| per cent interest. There were several other bidders from Indianapolis, but all were under the bid of the First National.

Judge Fortune of Terre Haute holds the new “blind tiger” law to be unconstitutional, because it provides for seizure and destruction of liquor and beer, which are legally recognized as property, without right of replevin; because it provides a penalty of SSOO and jail sentences for having possession of intoxicants, while the present law has a less penalty for selling illegally.

Marriage licenses issued: April 6, Volney M. Peer, of Brook, aged 24, occupation terra-cota worker, to Elizabeth Jungles of Knimah, aged 19, occupation housekeeper, First marriage for each. April 11, James Kananey of Kankakee, 111., aged 32, occupation laborer, to Louisa Emmons, also of Kankakee, aged 32, occupation housekeeper. First marriage for groom, second marriage for bride, she having been divorced in September last.

And now it is claimed that through a blunder in the new ditch law, which provides that all pending ditches, except those begun under the law of 1905, shall be furnished under the provisions of the new law, and in case bonds are to be issued the parties must sign waivers within 60 days after ditch is established, otherwise the total amount of the assessments must be paid in ten monthly payments. Several ditches in White county, including the Hoagland, Mertz, Ross, Fox and Allen arc affected, it is said. So far as known no ditches are affected here.

James Gillispie, who was serving a life sentence for the alleged murder of his sister at Rising Sun, Ind., in December, 1905, has been released by the supreme court. It seems that after the jury had been sworn to try the case it was found that one of the jurors had married a relative of the defendant, and the juror was discharged and another put in his place. The court held that jeopardy attached with the swearing of the jury, and that when the new mdh was put on jeopardy again attached. According to law and the' state constitution a person cannot be placed in jeopardy twice for the same offence, and on this technicality the convicted man goes free. AU of which shows that the courts and lawyers should be better posted on what the law is. In this case the first juror’s wife had died, and in law her death severed the relationship, so the man was really a legal juror. Therefore two errors were committed by the lower court..

New suits filed: No. 7154. John T. Biggs, Mark Knapp, Louis Paulsen, trustees of Wheatfield Lodge No. 689, I. O. O. F., vs. William H, King, et al; suit on note and foreclosure of mortgage. Demand S2OO. No. 7155. Nativia White vs.

Milton P. White et al; action for partition of real estate. No. 7156. William B. Austin ve. Mack Sullivan William P. Michael; complaint on note, demand $112.60. In the case of the First National Bank of Rensselaer vs. Thomae C. Cain and David M. Worland, mentioned in this column last week, the case has been dismissed as to Mr. Worland. . No. 7157. Schrieber liquor liquor license case from Roselawn, on change of venue from Newton county. No. 7158. The Inter Ocean Newspaper Co., vs. Geo. A. Strickfaden; complaint on guarantee. This case is based on a paper signed by defendant Aug. 29,1902, to guarantee the payment of all bills of papers supplied to W. C. Shead, a former newsdealer of Rensselaer, and on which there is now a balance of $158.77 due and unpaid, according to the complaint.

The circuit court has been grinding this week. Not very much of importance wm done except in making up isstres, setting cases for trial and probate matters, until Tuesday, when the injunction case from Remington was tried. In this case it seems that D. H. Roades and Wm, R. Geier were partners in the blacksmithing business. They could not agree and Rhoads finally bought out the latter’s interest and claimed Geier agreed verbally not to reingage in the business there again, (which Geier denies) but later did so. A temporary restraining order was granted recently and the case came up at this term for a hearing on its merits. A large number of Remington people were over as witnesses in the case, and the evidence was conflicting. The court took a week to decide the matter.

In the libel case of the republican county chairman Halleck vs. The Democrat editor, motion to quash the affidavit on the grounds that there was nothing libelous in the article complained of was argued before the court Monday afternoon, Messrs. Honan and and Williams appearing for defendant and the deputy prosecutor, who is also the republican county secretary, and Halleck himself for the state. The court held the affidavit good, and that as pieced together with inuendo the article was libelous. No further action has been taken in the matter at this writing. Following is the trial to date: Second Monday—Hollingsworth vs. Horton et al, 9 a. m. Second Tuesday—Collins vs. Warner et al.

Second Wednesday—Gleason vsWickizer et al. Second Saturday—Schreiber liquor license case. Third Monday—Cunningham, trustee, vs. Gilbreath et al, 9 a. m.; Willette,. adm., vs. Gifford. (Forargument,) Third Tuesday—Willenmeir vs. Peck, 9 a. m. Third Wednesday—Kennedy King Co., vs. Coen et al, 9a. m ; A. L. Johns vs, same, same hour. Third Thursday—Gray vs. Rider (issues to be made); Lund vs. Board of Commissioners, 9 a.Carr ditch, same hour. Third Friday—Troupe vs. Frances, 9 a. m.; Roy vs. same, same hour; Bullis vs. Welsh, same hour. Fourth Monday—State vs. Sorenson, 9 a.m. yFourth Tuesday—State, ex rel, Huston vs. Parks, 9 a. m. Fourth Wednesday—Boh man vs. Baughman, 9a. m.; Marble vs. Grube, 9 a. m. • Fourth Thursday—Ditch case. Fourth Friday—Electric Co., vs. Moffitt. 9 a. m.