The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-12
THE RECORD OF THE COURTS
United States District Coart.
Hon. W. A. Woods. Judge.
To-day-No special call.
Supreme Court.


The following cases were decided May Ii:
Ripley G. G. Reversed. Niblack, c. J.-Indict-
ment for receiving stolen goods The finding
fails to sustain the verdict. and a new trial
should be granted.
John G. Henning vs.. The State: Montgomery
G. G. Affirmed. Elliott, J.-Indctment for
murder. H. The indictment asserts that the
grand jury was duly impaneled and the record
shows that the indictment was returned into
open court and that bench warrant for the ar
rest of the accused was ordered TO issue. No OBJ
lection was presented to the selection or impan-
cling of the grand jury until after verdict, and
then the objection now urged was presented by
general motion in arrest of Judgment, but no
specific reasons were assigned In sup
port OF the motion. The recitals of
the clerk as to the manner in which the
grand jury was selected are not properly part OF
the record, while the statements of the indict-
ment the Endorsement on it, aud the copies OF
the entries are properly part of the record The
record therefore, shows that an indictment was
found by a regularly impaneled grand jury,
and that 1t was properly returned into open
court, so that on the face of the record it ap-
pears an indictment was legally found and re-
turned against accused (2) Where the facts
being was purposely, willfully and with
premeditated malice shot by the defend
ant and that a wound was inflicted
from which death resulted, the offense
Of murder in the first degree is sufficiently
charged, although the technical words 'kill and
ter the jury had been impaneled, the opening
statement of the prosecution made, and several
witnesses examined, announced that the trial
would not proceed any further on that day The
sheriff took the accused to the Jail, where he was
followed by his COUNSEL during their absence the
court, OF its own motion, without the consent
OF defendant, permitted the jury to separate
until the next day. Objection to this
action was assigned in a reason OF a
new trial. Held that the objection came too
late. Held: Also by failing to object to the sep
aration before the case was submitted, the de-
PENDANT waived his right to an objection. a. It
is within the power Of an accused to secure a
new jury upon request if it is true that the
conduct as would have vitiated the verdict; but
having suffered the trial to proceed without OBJ
lection, he must be held to have waived all OBJ
lection. (5.) The fact that the defendant be-
lieved that his betrothed was false to him does
not afford sufficient provocation to reduce the
crime.
12349 Joseph W. Thorpe ct al vs. Simon
House. Marshall c. G. Reversed. collars, j.
When a childless widow, a second wife, APP
plies for partition of his lands against his chill
dren by former marriage a judgment setting
off one-third to her will not bar the children
from setting up title which they acquired by
inheritance through the widow, after her decease,
against her grantee.
l1ol0 0OSUUd \. LdmmOCG VS. James w.
Ewass Wayne c. G. Affirmed. Mitchell, J.
~Where the owner Of lands conveys to one a
strip thereof, together with dam across the
river. and all water rights and privileges there
unto belonging or appertaining, and the race
supplying certain mills with water from said
dam, with the privilege of entering
upon the land along said race for
repairing and obtaining ground, ETC. !,
grantee who takes the land burdened
by subsequent mesne conveyances from the
owner takes it subject TO the easements. ~
Grantees of the owner having exercised the
right at their pleasure to keep fash boards on
top of the dam whever they deemed it necessary
to provide an efficient head of water at 1. certain
height made it q right appurtenant to the mill
property to maintain such head at the same
height by any other sufficient means as against a
remote grantee of the burdened land.
1889. Marilda Littell vs.. Jacob w. Hoag-
land ct al Clark G. C. Affirmed Howk, j.
When testator gave lands to his son and in
case his 1.-THE son's) wife survived him, tie rents
and profits to her. an absolute deed Of the lands
By the husband, in which she joined, estops her
from setting up any claim thereto after his death
12399 Samuel r. Holman VS.. Mary e. Hell
man. Elkhart g. G. Dismissed.