The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-12-19
SENSATION AL SUIT.
DIR. Griiith Files Suit Against Captain
Il. Il. Johnson.
Alleging That He Was Deceived Into
Signing Away His Right in the
Homestead Property-The
Complaint.

johnson, on the 10Th OF November iher
husband reached this city in company with
DR.. Wakefield, of Richmond, and the home
property in this city was decided to DIR.
Wakefield. in trust for their son Griffith.
That transaction was made the basis of the
following suit, which was filed Yesterday by
DR.. Griffith:
Edward Griffith complains Of Edward t. John
son, John I. Wakefield and griffith l.. Johnson,
and says that on the 18th OF November, 1885, the
plaintiff ana Marietta q. JOhnson, now deceased.
aud the wife of Edward T. Johnson owners
M ice simple OF lot IA feet OH the north side OF
bot in frutt'S subdivision OF Outlot liz, In tLy
city Of INDIANAPOLIS. lie iurther says that wheH
tie lot vas purchased 10 was understood between
Edward T. johnson ana his vie the part
aud the plaintiff on the other that said Edward r.
johnson should pay 81 00O-oue-haf the purchase
nOney-agd the plaintiH should pay the other
ball, sud the title should be in the plaintiff and
plaintiff paid his bali and mortgage given
70 secure 'he other saf OF me purchase
that he was. on the date above given. very old
man. being egnty-iOur years OF age, with powers
OF mind sad body greatly weakened and impaired
by years and lat or cares and sorrOws and III
not able To comprehend readily even plain aud
simple transactions OF business or to resist the im
property and business interests and especially
81 his dhus liter. the Sad Marietta q. Johnson. and
her husband. the def ndant. Edward T. Johnson;
all which was then aud there, and still Is, welt
known to said Edward n Johnson. tie further
says that Rev John b. Wakefield, %. D.. has for
many years past ben the intimate and trusted
friend oil the family OF the plaintiff and OF the
plalntif himself and OF MS daughter MARIETTA g..
Johnsen, wife Of Edward johnson. and that
they had always loved said Wakefield, and trusted
in him with implicit trust and confidence; all OF
sou. who well understood th1t if he could
procure the concurrence OF said Wakefield
81 deceit. or otherwise. to any scheme
or design 20 the con, umaton OF which the consent
and cooperation OF the plaintid and the said Ma
retts G. Johnson were necessary; that such con
sent and cooperation therein would be readily
gtven. and such scheme be tnerebyiSe effectusIed
and well. knowing these facts, the said Edward T.
Johs0n came all the way from Knoxville, TenR,
}. b Wakefield resided and still resides. and then
and there in repeated conferences with said
Wakefield. running through several days and
nights and pr0tTacted for many hours. falsely and
fraudulentiy and by many false, fraudulent, de-
seitfu and wicked devices, speeches, writings, tok
hed to believe that there we're good aud sufficient
reasons why the said plaintiff and
their lot and all, and singular their
interest therein to said Wakefield in trust for
S.id Griffith johnson. son Of said Edward I. and
suaded said Wakefield, Induced him to
come from Richmond to indianapolis and aid
the scheme ana design of fraAdulently and falsely
inducing the plsintih and Marietta G.. Johnson to
go conTey the said lot without any. consideration
whatever. As aforesaid And said Wakefield. in
ne city of Richmond, wrote and prepared for
signing and execution Dy the plaintiff and said
Marietta g. Johnson the deed therefor. writing in
the same the false and fraudulent consideration OF
1900 when they well knew not one cent wat to be
paid or rendered for he same: and having filled
up said deed came 10 Indianapolis late in the
mg OF the 18th OF November 1883
AND ne says that they did not; nor did the said
the house of the plaintiff TO aDprise him and said
Marietta 6. Johnson OF their presence in the city,
plaintiff or said Marietta G. know that said Edward
4. Johnson was nearer To this city than Knoxville.
Tenn. or said Wakefield nearer than the city OF
Richmond. where said Wakefield entered the sit
Ting re! room Of The house OF the plaintiff where he
unannOuneed from and through the back door,
followed in few moments afterward by said I'd
sstonishment and confusion OF The moment and
occasion, stated the oOlecl Of their visit 70 be
procure said plaintiff and said Marietta q. TO con
vey said iot aforesaid said Johnson urging as a
reason why laid conveyance should be made at
once. that ne very sick and sure 10 die before
spring, and that the said Marietta q. Johnson was
still a T0ung woman and would DE to marry
again, ssd the property might in that case and
would IN all probability to others than his son;
ana the said Wakefield aSsented to aud seconded
me request ana reasons urged Tor the
And said Johnson then took OUT the deed aud
ursei. INSISTED and demanded that IL should be
then ana there tmmeClatelv executed aud de-
clared That ne had the money ia bank at Knox
vile Tenn, with which 20 pay on aud satisfy said
mortgage Aforesaid: and that. unless the deed WAS
executed he never would pay OF said mOrtsa- g,
0ut let " be f0reclOseG and the LOT be sold; thar
the deed was placed in his hands. but he says
he Ceuld not and iid not read il or know its
tents at any time before it was executed: that he
finally refused 10 sign II until his daughter should
oesrc and request him 10 do that she said
Marietta heilaled and refused 10 sign the same or
execute II. wheIeupOn said Edward T.. her hls-
band. then took her into the parlor and had
brief. earnest, and times angry talk
with her, after which he returned
with her. said Marietta G. who
the deed, II VIII be 81 right" ana said Edward T.
Johnson then signed his na.ce 10 the deed lear
ing room above for the names OF toe plaintiff aud
Marietta G. 10 sign ABOVE MIN. which they then did
IN ignorance OF the contents thereof so far a, he
is concerned. And plaintiff says that he
has since earned that SAID defendant Johnson had
been With said WakeGe Ia for three days sding
ulenf and lpceilluI dee laTatlOuS and statements
induced him DeIieve that said Marietta q. was
OF unsound mind and thar while She was yet pos
Eessed OF some capacity 10 act and appeared to be
of uns0nnd mnd. il would be conducive the
welfare OF the family aud preservation of the said
io' IN tr sfe Is" lave and con'9 tbst
said Wakefield SO believing acted his part uDon a
grOuRdless belief In sud MsriettAs insanity. but
in good faith. And he further says that he Is in
formed and believes that sid Edward 7, while in
confidence with said Wakefield. falsely, traudu-
lently and deceitfuly represented TO him that said
Marietta had been seduced and corrupted and de-
6auched while in the state OF tennessee with said
Edward T. JOhn-Ou Dy man OF the surname OF
Henry whose Christian name Is unknown, and
that he said Johnson. and she, said Marietta G:
Johnson. had, on account thereof, been aiienated
and finally and forever separated from each other,
and neither could or would live together. And
further. that he said Johnson had the money IN
his own right of his personal property. tOwit:
hoo to pay of said mortgage, but that he would
not pay il OF while the the I si;Is
and her father 1t would be only to lose the lot
TO himself and his son. but would also be to throw
The complaint then alleges that the money
which Johnson had in the Knoxville bank was the
property of the plaintiff. the proceed of certain
lands sold in Kansas and which were sold to pay
of the mortgage Next follows the story OF the
scknow edment OF The deed. said Johnson and
said Wakefield lett the house at different times,
said Wakefield going first, and ne says that at
sometime during the night said Marietta q. john
son. wife OF said Edward T. Johnson, was Shot and
killed upon her bed in her room in said house, SD
tsat she can not lie made party to this action as
plaintiff herein, and all her interest in said lot
by her death vested in the said Edward +. JohD-
sou and her son, Griffith II. Johnson,
all the parties interested hereby
made parties hereto plaintiff defendants.
even IT, rs he verify believes, said deed Is and was
void by reason OF the manner in which il was
johnson and the plaintiff.
And be AYERS that he Is informed aud believes
that since the execution OF the deed Rev. Jonn 3.
Wakefield. d. ID +, has written letter TO said Ed
ward 7. Johnson, in which he advises him not TO
pay OF SAID mortgage, as he IL in honor bound TO
do. but 10 buy up and take an assignment to him
self and if should be held valid at the mercy and
in the control of said Johnson. and enabling him
TO defeataDd destroy the At pleasure: aud in
his haste be forgot that he was placing Is out Of his
power 10 pay his own debts. and that the deed
would operate to hinder and defraud ms creditors
and among them the firm HarrisOn. Hines Mil
Ter whom he owes $40. and Dr. j. A. COmmn-
core for medical services The COMPLAINT then