Jasper County Democrat, Volume 10, Number 5, Rensselaer, Jasper County, 4 May 1907 — JURY DISAGREES [ARTICLE]

JURY DISAGREES

In the FlHroy Township Trustee Case. IS DISAPPOINTMENT TO BOTH SIDES As It Means Another Trial of the flatter.—Reported to Have DeadLocked io to a For Parks. The moat interesting case of the present term of court, that is, the case that drew the largest crowds of spectators, was the township trustee case from Milroy tp., and the court room was comfortably filled during the progress of the trial. The case begun Tuesday and the evidence from the score or more of witnesses was not all in until about 2:00 p. m. Wednesday, and at 2:45 it was given the jury, defendant’s attorneys declining to argue the case and thereby shutting off further argument after Leopold made a brief opening talk for plaintiff. After being out all night and still unable to reach an agreement, the jury was discharged. It is reported to have stood a part of the time 9to 3 in favor of Parks, dead-lceking at 10 to 2 in his favor. The jurors weref B W Burrii J P Simona * Joseph Hallagan • Athos Alter William F Smith * Leonard Lefler * Joha W Nowels Frank Weber Bnkit Morlan Milton A Jones Robert Michal • Lewis Ziok |

Those having a star opposite their names were not of the regular panel, which was exhausted before a jury was agreed upon. Politically they are have stood 9 republicans to 3 democrats. The facts in this case while familiar to most of our readers and to the people of Jasper county in general, will bear a brief repeating. Last December Wm. C. Huston, the democratic trustee of said township traded bis farm there for a store, house and lot and stock of general merchandise at Perrysburg, a little town in Miami county, but still retained some 30 acres of land in the township. To some be is reported to have said, so the evidence disclosed, that be was going to leave the township permanently while to otners he stated that the store property was for sale or trade and he was simply going over there to look after it temporarily until be could dispose of it, when he expected to return to Milroy He bad a sale and sold off most of his personal property and moved his family to Perrysburg, but did not move all bis household effects, and moved his office from the former residence in Milroy into the residence of Branson Clark of the same township, where he still held bis office, coming back here on his regular office days and at such other times as his presence was needed to look after the township business. * He published a card in the paper stating that he would hold his office on such and such days at Mr. Clark’s, and did so. At the election in 1904 the democrats elected 8 of the 13 township trustees of Jasper county. Theodore Phillips of Gillam, one of the democratic trustees, resigned his office last spring and went west for the benefit of his wife’s health, and she has recently died there. _ This left the democrats but one majority, and when Mr. Huston left temporarily the republicans evidently saw a chance to win out, as they thought, and a quiet campaign was inaugurated to oust Mr. Huston from office and thus re-elect a republican county superintendent next June. Although Mr. Huston was here every week almost, nothing was said to him about the matter, we understand, and a petition was quietly circulated and some 35 names secured thereto, declaring the office vacant and asking that Geo. L. Park’s, Mr. Huston’s opponent in the election of 1904, be appointed trustee. This was filed with the county auditor and he declared the office vacant and appointed Mr. Parks, who went at once after qualifying to the home of Branson Clark and demanded the township books, Clark, demurred about turning them over, when, so Clark testified, Parks

told him that if he did not let him have the books fee would send the eheriff'after them Clark did not want to get in any trouble over the matter and Parks loaded up the stpff and carried it away. This was sometime in March. Huston wqs then notifibd by Clark what bad been .done and he came here at once and made a demand for the property taken by which was refused, and quo-warranto proceedings were then begun to recover possession of the property and for SIOO damages. Since this time Huston has transacted a part of the township business and Parks a part, the county auditor only recognizing the latter as the trustee. Huston had ail the. township money but Parks has drawn some of th© later “draws.”

The plaintiff was represented by Attorneys Sellers of Monticello, Honan, Hersh man and Leopold of Rensselaer, while defendant was represented by Attorneys Foltz, Irwin, Halleck and Parkison, all of Rensselaer* The evidence was conflicting on a few points, and a disagreement of the jury was generally expected, although it showed to the unprejudiced person the intent of plaintiff was to return to Milroy and was only temporarily away from his township. It was attempted to show by the township assessor over in Miami county that plaintiff had been assessed there on both x personal and poll, but the assessor got all balled up on attempting to introduce a “copy” of the assessment sheet, and admitted on cross examination that the list covered only the store property, etc., in that county, and plaintiff had stated that he had some notes and other property here and was to be assessed on sneb here, and was so assessed later, and also assessed poll here. In assessing the latter a man’s ace is only asked, and if under 50 he is put down “one poll,” without the assessor’s so stating to the party whom he is assessing Several witnesses were here from near Perrysburg to t stify for both plaintifFand defendant. It is now practically impossible to get an adjudication of the matter before the June meeting to elect a county superintendent, the matter will rest until the September term of court, when it will either be re-tried or taken to another county on change of venue. The taking a change of venue at once and attempting to get it retried in Newton county was discussed by Mr. Huston with his attorneys, but it was thought hardly possible to perfect the change and get it tried prior to the June meeting of trustees, and it was decided to let the matter remain in its present status until the next term of court here. The Newton circuit court does not convene until May 13, there being this time a week’s intermission after our court closes.