Jasper County Democrat, Volume 11, Number 24, Rensselaer, Jasper County, 22 July 1908 — ASKS FOR $5,000. [ARTICLE]

ASKS FOR $5,000.

Mother of Suicide Sues Remington Druggist SAYS HE SOLD CARBOLIC ACID That Her Imbecile Son Used in Committing Suicide On May 6, 1907—-Guy and Bine Are Attorneys. pA case of unusual interest was fled in the circuit court Monday, when Mrs. Lucinda Roe, of Remington, through her attorneys, Jasper Guy and P. R. Blue, filed an action for $5,000 damages against William Townsend, an old and well known Remington druggist, for selling carbolic acid to her imbecile son, Harry Noland, in May, 1907, which he used in committing suicide. NrThe suit will be of interest and Tp«NDemocrat copies the complaint practically entire, except the caption and a few unimportant paragraphs—unimportant so far as this article is concerned. . The compliment alleges: That said Harry B. Noland was born February first, 1868, and was, at the time of hlB death, which occurred on May 6th, 1907, thirty nine years, three months and five days old. That said Harry B. Noland was, from his infancy to the time of his death, a mental imbecile and was at the time of his death, and had been since February Ist, 1897, under guardianship as a person of unsound mind r and this plaintiff w££, during all of said time and at the time of his death, his legal guardian. That said Harry B. Noland was, by a judgment and decree of the Jasper Circuit Court of Jasper county, Indiana, rendered on the first day of February; 1897, declared a person of unsound mind and this plaintiff was, by said judgment and decree, appointed legal guardian of the person and estate of the said Harry B. Noland. That on account of the said imbecility of the said Harry B. Noland he never married or left his maternal home, except for a short time he was an inmate of the Longcllffe Asylum, at Logansport, Indiana, for treatment for his said mental imbecility, but always remained at home with his mother, this plaintiff, and always contributed his labor and income to the support of this plaintiff.

That said Harry B. Noland, although a mental imbecile, was physically a strong man and able to do a reasonable amount of manual labor, under the care and guidance of his mother, this plaintiff. That this plaintiff and said Harry B. Noland received from the United States a pension in the sum of fourteen dollars per month as follows: twelve dollars per month to this plaintiff and two dollars per month to said Harry B. Noland, said pension being granted by reason of said Harry B. Noland having been the imbecile son of a soldier of the Civil war, which said pension was granted only for and during the joint lives of both this plaintiff and said Harry B. Noland. That said pension was granted this plaintiff for the care and keeping of said Harry B. Noland during his natural life. That this plaintiff is now and has been for more than ten years last past engaged in the business and occupation of conducting a laundry at Remington, Indiana. That said Harry B. Noland was physically a strong man and industriously and' constantly worked for and assisted this plaintiff in her work at said laundry business and was capable of and did earn for this plaintiff, in addition to the amount reasonably and necessarily expended for his board, clothing and medicine, the Bum of three dollars per week. That said Harry B. Noland, on account of his mental weakness, was wholly incapacitated to engage in any business or occupation, on his own behalf, and was only capable of doing manual labor under the special care, control and guidance of this plaintiff who by reason of her special acquaintance with his disposition and condition had and kept him almost wholly under her will and control. That by reason of the said pension so received by this plaintiff and the said Harry B. Noland as aforesaid and by /reason of the said ability of the said Harry B. Noland to perform manual * labor and earn money as aforesaid for this plaintiff, this plaintiff had, in addition to the costs and expenses of keeping and caring for said Harry B. Noland. an income of about six dollars per week. That this plaintiff and her said

son, Harry B. Noland, for more than ten years Immediately prior to hia death, which occurred on May 6th, 1907, lived by themselves, at Remington, Indiana, as one family, plaintiff being the head of said family and he, the said Harry B. Noland, living with her as a member of her said family and contributing his said labor and income. to her support. That this plaintiff has been, for more than ten year® last past, wholly without property, income or means of support other than her daily labor at her said occupation, except the Baid pension aforesaid and the excess of the earning of her said son over and above what was necessart for hia individual support and maintenance. That on May 6th, 1907, and for more than twenty years immediately prior thereto the defendant was engaged in the business and occupation of selling drugs and medicines at retail, in the town of Remington, in said Jasper county, Indiana, and that said defendant did, on the 6th day of May, A. D., 1907. carelessly and negligently sell and deliver to the Bald Harry B. Noland a certain dangerous and deadly drug, to-wTt: one ounce of carbolic acid, which said carbolic acid the said Harry B. ‘ Noland, then and there, took and drank, from the effect of which said carbolic acid so took and drank the said Harry B. Noland died, on said 6th day of May, 1907. That the defendant, at the time he sold said carbolic acid to the said Harry B. Noland, then and there and for more than twelve years prior thereto, well knew that the said Harry B. Noland was a person of unsound mind and was not a fit and proper person to he entrusted with the possession and use of said carbolic acid, and then and there well knew that the said Harry B. Noland was under the special care and guidance and guatoianship of this plaintiff. That said defendant then and there w6ll knew that said carbolic acid so Bold to said Harry B. Noland as aforesaid was a deadly poison and would if taken into the human system cause almost Instant death.

ington,

That at the time defendant sold said carbolic acid to said Harry B. Noland, to-wlt: on May 6th, 1907, and for years prior thereto plaintiff’s residence and defendant’s drug store from which said carbolic acid was sold were situated but about three hundred feet apart and defendant could have easily and quickly ascertained of this plaintiff if it was necessary to entrust said Noland with said carbolic acid. That some time prior to the said death of the said Harry B. Noland thisT plaintiff in person called on said defendant and requested that defendant should thereafter refrain from selling or giving to said Harry B. Noland any dangerous drug or medicine.

That by reason of the said death of the said Harry B. Noland this defendant lost her right to said, pension and the same was at once discontinued • by the United States and klso lost the said earnings from the labor performed for her by her said son, Harry B. Noland. That this plaintiff is now sixtyfour years old and unable to earn by manual labor sufficient money for her support and by reason of the wrongful act of said defendant as aforesaid has been damaged in the sum of five thousand dollars. Wherefore plaintiff demands judgment for the sum of five thousand dollars.