Jasper County Democrat, Volume 22, Number 21, Rensselaer, Jasper County, 11 June 1919 — ACTION FOR $50,000 DAMAGES [ARTICLE]

ACTION FOR $50,000 DAMAGES

Filed by Jay W. Stockton Against D. S. Makeever. , One of the largest damage suits ever brought in Jasper county was filed Friday afternoon by Jay W. Stockton against County Commissioner D. S. Makeever of Newton township, who demands >50,000 damages growing out of plaintiff s indictment and trial and acquittal on the charge of perjury a few years ago, and which indictment, the complaint alleges, was procured by the defendant Makeever. The particulars of the indictment and the final acquittal of Mr. Stockton when the case came to trial in Newton county two years ago, are familiar to all the readers of The Democrat, and we will not burden them by rehashing the story. It was rumored at the time of the acquittal that a damage suit would be filed, but as time wore on and nothing was done it was generally believed the matter had been dropped, and the filing of the case now came as a distinct surprise to everyone. The complaint, which was filed by plaintiff’s attorneys, W. W. Lowery of Indianapolis and A. Halleck of Rensselaer, alleges: That on the 29th day of April, 1916, the said defendant, falsely and maliciously, and without probable cause, procured the plaintiff to be indicted by the grand jury of the county of Jasper, state of Indiana, for the crime of perjury. That by reason thereof, the plaintiff was arrested and was compelled to give ball to avoid being confined in the county jail, and the {defendant caused said indictment to be prosecuted, and the venue of the case was changed to the White circuit court, where, upon the motion of the plaintiff, said indictment was quashed, and the plaintiff was by the White circuit court held under bond to appear and plead further prosecution in the Jasper circuit court for said offense. That afterwaru on the 12th day of February, 1917, the defendant falsely and maliciously, and without probable cause procured an affidavit to be filed against the plaintiff in the Jasper circuit court charging the plaintiff with having committed the crime of perjury in said county, by reason given whereof plaintiff was re-arrested and compelled to give further bail to procure his release from confinement in the Jasper county jail. That afterward, said (prosecution was venued to the Newton circuit court, where the defendant caused the same to be prosecuted, and at the trial thereof in said Newton circuit court the plaintiff was, on the 14th day of June, 1917, acquitted of said charge and . discharged, and said prosecution was terminated. By reason whereof the plaintiff has been greatly injured in his reputation and credit, and was compelled to and did pay out a large sum of money, to-wlt: >5,000 for attorneys’ fees, hotel bills, traveling expenses, the taking of depositions of witnesses and other necessary expenses, all of which expenditure was necessary for the proper preparation and presentation of plaintiff’s defense in said (prosecution. Wherefore, plaintiff was damaged in the sum of fifty thousand ($50,000) dollars, for which he demands judgment.