The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-09
INTERESTING DECISIONS.
A Municipal Corporations Power to
Issue Bonds.
Judge Gresham, of the United States District
Court Holds that Will Made at Spirit
Mediums Instance Is Invalid.

In the case Of George Thompson against
Amanda c. Hawkes., pending in the United
States Circuit Court at New Albany, decision
In favor of the plaintiff has been given by Judge
Gresham. The circumstances OF the case are of
rather extraordinary character, and the de-
| cision is one of some interest to lawyers. The
suit is an action to set aside the will OF the
plaintiff g father, by which Mrs Hawkes., the de-
fendant, was made his beneficiary, through al
legged questionable Influences. The defendant is
the wife of a shoemaker, and has lived in Louis
vile for a number of years, but prior to her
removal TO that city she had lived in New
Albany, and was on terms of intimacy with the
Thompson family. John Thompson, the father
OF the plaintiff, was a man OF something near
seventy years of age, and after the death Of his
second wife, which occurred about ten twelve
years ago, he began visiting the home of Mrs.
Hawkes. in Louisville, who had developed, as
she announced, into spirit medium. The old
man became very much interested In spiritual
ism, finally becoming n convert and an assidu-
GUS devotee OF its my steries under the medium
snlp or Mrs Hawkes. He was often at her
house, and ''he endeavored to seduously
obey" the testimony shows, every trivial
injunction, even to keeping the COW away
from the rose-bushes In the yard" Under the
influence OF his delusiOns it is said that This con-
Duct became quite eccentric, and he often took
coHee and delicacies to Mrs. Hawkes. for his
deceased wives. The complaint alleges that when
completely under the power of the medium,
Ihompson was given messages warning him
against his son, the plaintiff, who was his only
enid and heir. and advising him 'to do well" by
Mrs. Hawkes.. In February, 1875, he executed
a VIII, deciding all his property to her, and Nov,
suit 80 the t a,sa SON is to ses
aside the will of the testauor, and in
summing up the evidence Judge Gresham de-
cldes that, under the circumstances, Thompson
could not make valid will, and it was, there
lore, set aside in favor of the plaintiff. In his
decision Judge Gresham says: "Where a tesla
embraces i'm oil afi Inv a
beneficiary, who claimed to be spiri; medium,
and instead of merely believing in it as an alb
stract proposition, the testatOr became pos
sessed of it and suffered it to dominate his life;
and where his belief in spirtuallsm was artfully
used by his BENEFICIARY TO ALLEVIATE him from his
only son and to get his property. it is held that
Will made i'll such a mental condition and under
such influence should be set aside"
MUNICIPAL AUTHORITY TO ISSUE BONDS.
In the case of Abner l.. Merrill VS.. The Town
of Monticello, Judge Gresham has filed writ
ten opinion sustaining the towns answer. In
1873 the town OF Monticello issued S21 900 in
bonds OF 500 each On their face they recited
that they were funding bonds" and were Is
sued "to fund the towns indebtedness" At that
time there was no law of the State authorizing
such towns to fund their debts. The town al
leges in its answer that the bonde, when issued,
were put into the hands of one of the trustees of
the town for negotiation and sale, and that the
trustee sold the same and converted the pro-
ceeds to his own use, and that the town
derived no benefit from the bonds or
their proceeds. Upon demurrer to
this answer Judge Gresham holds:
l. That municipal corporations have no general
power to issue or make commercial paper; that
such power must be derived from clear legisla-
tive authority. .. That the town having no
authority TO fund its debt, or to issue the fund
ing bonds" purchasers of such bonds took them
AS non-negotiabe paper, open to all legal and
equitable defenses in favor of the town, and
the answer OF the town, to the effect that the
INIT NnrI 1avo fhnpf nrnd
that the town got no benefit from them, was a
good defense. 3. That purchasers of municipal
bonds take the risk of the towns authority to
issue them, whatever the form of the bonds.
The trial of the Stout insurance Gaze began
before a Jury in the Federal Court last evening.
Rude Brothers, manufacturers, of Liberty,
who were ordered to appear beore Judge
Gresham and show cause why they should not
be fined for contempt of court in violating in
junction in a patent suit, yesterday proved that
they had not been guilty OF any violation, and
were dismissed