Jasper County Democrat, Volume 16, Number 96, Rensselaer, Jasper County, 4 March 1914 — COURT NEWS [ARTICLE+ILLUSTRATION]

COURT NEWS

This is the last week of the February term of the Jasper circuit court, and next week court will convene in Newton county. What promised to be a busj T term here has been exceedingly light, so far as the number of cases heard are concerned, owing to the great number of changes of venue taken from the county.

New suits filed: No. 8191; Jasper and Isaac N. Makeever vs. Alson A. Fell, treasurer Jasper County, also the auditor, county commissioners, M. B. Price, supt. of construction of the Borntrager ditch, C. H. Sternberg and C, C. Shipp & Co.; action to enjoin salp of bonds in the Borntrager ditch. No, s i:>2. Samuel I\. Jones vs. Charles W. Bussell: cult on notes. Demand $125. No. 8193. Cordelia Anna Adams vs. Floyd Samuel Adams; action for divorce. The parties were married, the complaint alleges, at Lowell, Ind.. Dec. 27, 1909, and separated Oct. 1, 1911. Abandonment, failure to provide, etc., is charged. They have one child, Clarence Samuel Adams, who will be 4 years old next June. Plaintiff resides at Wheatfiejd and is a daughter of Harmon Clark of that place.

F rank Cavindish, of Newland, who " as arrested Friday on the charge of assault and battery with intent to kill F. M. Walters, is alleged to have assaulted Walters with a leather “billy” loaded with shot. The assault occurred Feb. 7, the affidavit charges.

On account of sickness and excuses of certain members of the petit jury the court directed the sheriff lu hold Frank Kresler, W. Holmes and Walter Porter as members of the regular panel. Petit Juror Walter Hershman, of Gillam tp„ had not been feeling very well for several days, and Sunday was taken quite sick and had to call a physician. He is stopping at W. S. Day’s. His ailment was an abcess formed under his tongue, which broke Monday and he was able to leave yesterday for his 'home.

Judge Hanley has not yet ruled on the motion for a new’ trial for John Donahue, of Remington, who was convicted last week of having attempted to steal a bottle of alleged beer that was seized in the blind tiger raids at Remington some time ago and w’hich was stored in the town hall in Remington, but it is generally believed that a new trial will be granted as the penalty fixed by law for the charge on w’hich he was convicted is regarded as too severe for this particular crime—2 to 14 years in the penitentiary. Pending the ruling of the court Donahue is at liberty under bond and is at his home in Remington. The state case against Frances Klinger of Gillam tp„ who while employed as a domestic in the home of E. P. Honan, forged a check on Mr. Honan and passed it off at one of the stores here, and which whs only discovered when Mr. Honan’s bank book was balanced and the

canceled checks returned to him by the bank about the 10th of January, was tried in the circuit court Saturday afternoon. The girl was acquited by the jury, although she had admitted the writing out of the check in tfull and signing Mr. Honan’s name to same in the preliminary hearing heard a few weeks ago before Squire Irwin in the case against Mr. Honan’s son, Edward M. Honon, whom the girl had charged with rape. It is the contention of the defense • in the latter case that the girl had made this charge against young Honan because of her having forged the check aforesaid and knowing that it would be discovered when Mt. Honan, Sr., got his cancelled checks back from the bank. Because of this, and for the purpose of attacking the credibility of the prosecuting witness in the charge against young Honan, an affidavit was filed against the girl for forgery,’ and it was rather expected that the jury would return a verdict of guilty with a recommendation for leniency from the court, in view of her having admitted the truth of the charge. Mr. Honan had no desire to send the girl to prison, and did not act in the presecution except as a witness, Mose Leopold appearing for the state and Abe Halleck for the defense. The jury it would seem, must have taken the view that the girl did not know the gravity of the offense when she committed the forgery, and therefore gave her the benefit of the doubt as to intent, although much shrewdness and intelligence was shown in filling out the check and imitating the hand-writing of Mrs. Honan, who frequently issues checks for groceries, labor, etc., and signed Mr. Honan’s name thereto with her initial “M,” underneath the name, as was done in this case. Even the work “work” was written in the lower left-hand corner of the check to indicate what it was issued for.

Other matters disposed of by the court follows: State vs. Frank Cavindish, of Newland, charged with having assaulted with intent to kill Thomas Walters. Arrested Friday and gave bond m the sum of SSOO with J H Phillips as surety. < urtis N. Dewey vs. Marv Ross et al: judgment quieting title. Jacob D. Rich vs. John B. Herriman and Sherman White: cause dismissed at plaintiff’s cost. Fred E: Callahan vs. Daniel E. Lakin; cause dismissed, costs paid. State vs. Thomas Tanner; defender filers affidavit for change of venue and cause is sent to Newton county. Florence Dillon vs. Richard Mills et al; cause submitted to court. Defendant files request for finding or facts. Evidence heard in part Monday.

McFarland vs. Babcock; defendant lies affidavit for change of venue and cause sent to Newton county. Leach and Leach vs. Farmers' Elevator Co., of Remington, et. al.; change of venue granted a"nd cause sent to Newton county.

The case of Hurley vs. Karch, et al, was being heard by the court and jury yesterday afternoon. Higher court items of interest to readers of The Democrat: SUPREME COURT. r u 2 4 ! Ray D - Thompson et al. vs John P. Ryan et al. Jasper C. C. Appellee s motion to dismiss appeal is postponed until final hearing. APPELLATE COURT. e o P^. late Cour t Distribution—No 8282. First National Bank of Renssevs. Margaret Ransford. Jasper