The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-15
KITZ REFUSES TO PROCEED.
The Defendant Brings the Investigation
of His Conduct to a Close.
His Attorneys DenOunce 1t as a Political
Scheme. Which Statement Is Not
Borne Out by the Evidence.

had examined the schoolhouse erected by
Trustee Kitz at Mapleton, and the one erected
by Trustee Lancaster of Washington township,
at Broad Ripple Found the latter 800 square
feet larger than the former, and that the stone
work, carpenter work and the style of the build
ing were superior in quality to the MapletOn
school-house, and at least 81, 200 more valuable.
Would be willing to take a contract. to build
school-house similar to the Broad Ripple one,
with out-buildings complete for Sc, 450. Witness
said the second story the Mapleton school
house was unfinished.
Thomas j. Morse, contractor and builder tes-
titled that he had examined both schoolhouses.
Did not go inside the Broad Ripple schoolhouse
to see the kind of plastering done, except in the
vestibule, and made no examination of the
ceilings. Would duplicate the work at Broad
Ripple for Sc, 500. The Broad Ripple school
house is painted.
Mr.. Spaan, attorney for Trustee Kitz, to wit
ness-Do you not know, as a matter of fact, that
the bricks in the Mapleton school-house cost two
dollars more a thousand than those in the Broad
Ripple housed
Witness-I do not.
George Lancaster, trustee of Washington
township, recalled. The bricks for the Broad
Ripple schoolhouse were hauled from Castleton.
four and half or five miles. The bricks for the
Mapleton schoolhouse were hauled from Miller's
brick yard, near the county farm, about six
miles The Broad Ripple school-house is painted
for this reason: The bricks from Johnson's
brick yard, at Castleton, are burned in a sand
that burns gray. When we began to build the
house we thought to use Fletcher q Thomass
brick but as they cost laid down at the school
house $12 80 thousand, we only got one car
load-8,0 900. The johnson brick cost So thou
sand and as there were two different colors of
brick we painted them.
Mr.. Spaan-You are not a practical builder,
but farmer you know more about pigs than
bricks.
Witness-I know that the contractors said to
me that while they made good wages on the
Broad Ripple school house. they did not clear
any money over and above wages.
An effort was made to prove by Mr.. Lancaster
that Mr. Huebner, the architect of the Mapleton
school-house, had told him there was "a gouge in
the contract OF that there was something rot
ten in it."
Mr.. Spaan-Mr. Huebner simply failed to tes-
tfy to such facts as he was expected to testify
to- 1t is not so much proposition of law as it
is one of common sense. You cannot impeach
witness upon opinion. 1t is one of those prop
ositions that words only add weakness to in talk
ing about it.
The commissioners ruled that the prosecution
could not impeach its own witness.
Mr.. Lancaster continuing THE bricks in the
Broad Ripple school-house were good, but their
color was not good. To paint and line them
cost 1913 additional. Found it cheaper to paint
| them than to go with the Fletcher & Thomas
bricks.
Mr.. Spaan-The addition of the paint makes
your building cost more than Mr., Kitzs
John P. Frenzel, of the Merchants National
Bank submitted an itemized statement of Mr..
Kits credits and debts in the bank in the latter
part of the year 1888. -Four hundred dollars was
deposited to Mr. Kitz's credit on Sept %.
Otto Frenzel, teller of the Merchants National
Bank testified that the deposit was made by Mr..
kltZ in person. trustee
Mr.. Ketcham-We wish to offer as evidence
the schedule of Ernest kits property, filed by
him on Sept 10, in the repleyin suit of the First
National Bank against him We wish to show
by it that Mr. Kitz, who has already testified
that he had no other source of income than the
office of township trustee, had made sworn
statement in the Superior Court that no moneys
were due him, and that ten days thereafter he
deposited $500, which was not accounted for in
his semi annual report to the board; that on Sept.
81 he gave Mr.. Fatout check for 1912 go on the
Mapleton contract, of which amount Fatout de-
posted $500 in Ritzingers bank, and has not
shown what was done with the remaining $412
Mr.. Spaan--I object to it, as having nothing to
do with the case.
Mr. Ketcham-It will appear from this testi-
mony that on the 18th of September 1883, there
was no money in the world coming to Mr.. Kitz.
Now we have shown that on the 21st of Septem-
Der, 1883, he drew check for 1912 go for Mr..
Fatout. On the 25th of September, within four
days of that time and one of those days being
Sunday, Mr. Kitz deposited in bank to his
(Kitz's) credit, 1900. He has testified that he
ship trustee. His reports show that he had been
allowed 1862, that had been paid to him before
that time for his services as township trustee,
which was pay to the 18th of August and that
had gone into bank We have shown that there
was $412 go that went out from the bank on the
21st of September that was not deposited in
bank on the 2lst of September by the contract
or Now the testimony is the contractor got in
aifrbh of ton oh fOpf hot
work. This evidence, as it now stands upon
Mr.. kits own testimony, is that Mr.. Kitz
could not have learned that $500 from
any source. We have shown that 1912. 60,
which includes the 800 that Mr. K;tz deposited
was taken out of bank in currency by the con
tractor, Mr.. Fat3ut who received 81 200 more
than his work was worth, and that within four
days from that time Mr.. Kitz deposited in bank
$400 We do not want to go into Mr.. kits
private affairs in this matter. 1t is only his
public and official acts that your Honors have a
right to look into
Mr.. Spaan-Mr. Ketcham takes a false position
and does a great injustice in saying. eve have
proved that Kitz paid too much for that school
house." What has he TO back that statement?
He brought in couple of men who went out
there at the behest of the prosecution to meas
ure these two school-houses They know moth
ing about the circumstances and surroundings
They could not get into the Broad Ripple school
honse to measure it. 1t is shown that Lancaster
paid more for his schoolhouse than Kitz paid for
his. Mr.. Lancaster had to admit that he had to
paint his hool-house, which additional
expense. Where is the proof that Mr.. Kitz paid
81, 200 too much for the Mapleton school house2
Is it shown by the comparison with the Broad
Ripple school housed, Are you going to brand
Mr.. Kitz simply because these two men
come here and swear that, in their
opinion it is $1,000 too muchl
| You understand the circumstance that Mr.. Ktz
and Mr.. Lancaster joined in that contract for the
| first story. and that Mr. Fatout the lowest
| 10 inst 1fia1sa nd fpof
the contract for 49, 800 for the first story Mr.
Reuter- bid $4,000
Commissioner Ostermeyer-We would rather
have you argue these matters after the case is
closed.
Mr. Spaan-You did not keep Mr.. Ketcham
down to that rule. He said he had proof that
there was 81 200 81, $50 too much paid for that
| school house.