The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-12-20
AN UNUSUAL CASE In COURT
Terre Haute Tobacconist Arrested for
Juggling with the Trade-Marks.
Not Under the Jurisdiction Of the Revenue Law
james McGee Gets Two Years-The Di-
vorce Mil -Many Small Cases.

An interesting and unusual case was heard
In the federal court yesterday. it being the
only case that came mp during the day.
John Muhlenharz, of Terre Haute. was the
defendant In the case, and he was charged
with violating the internal revenue law.
Muhlenharz was a clerk in Fred j. BiePs
retail tobacco store, at Terre Haute, one of
the largest in the city. Among other
brands of plug tobacco kept by
Bel were "Star." manufactured by
Liggett * Myers. of st. Louis. and q tobac-
CO made by the Mcnamara Tobacco Com
pany, of Covington. KY. Not long ago q
patron of Biers called for plug of Star"
and Muhlenhar gave him some tobacco
with the little tin star stuck on the side,
but the customer upon tasting it found it
60 be another brand. He thereupon did
the plug up in package and sent it to Lig-
gett 81 Myers, with explanations as to how
ne had been defrsuded. The st. Louis to-
bacco firm Immediately sent their agent.
Mr.. Z. j. Heur, to Terre Haute, TO inv esti-
gate. Mr.. Heur went to BiePs store and
called for u pound of star" tobacco. and
upon each plug that went to make
up the pound was stuck "a
Heur then sent half a dozen other men TO
the store, and they were each given
tobacco with the tin star on the side. but
which proved to be the brand made by the
Mcnamara Tobacco Comp any of CovIng-
ton. Mr. Heur then had Muhlenharz ar
rested and charged with violation of
the internal revenue law. The case was
given o full hearing yesterday. and num-
Der OF dislnterested lawyers were present
90 hear the argument because OF the novelty
of the case. The court held that
the law did not contemplate prosecution
for a case of that nature, as the
reading of the law governing the
violation of the internal revenue law failed
20 cover such point, but that if Liggett
q Myers cared to continue prosecution
they could do so on the score OF infringe
ment of Trademark. General Agent Heur
said. after the court had adjourned. that
his firm would most certainly push the
case. as an example to other enthusiastically
dealers who are dong the same thing.
He Got Two Years.
James MCGEE. who was convicted yester-
day In the Criminal Court of q second Of
Tense in petit larceny. in addition to
charge of burglary. will serve the State
for two years in prison and will pay fine
of s.. This was the verdictJof the jury.
The convlcting evidence was gwen by
Henry Sieeter, an emyloye of Charles +.
Busby &c Co. ct Elevator ID. He testified
that McGee approached him with q
plan TO rob the elevator. and that
on advice of the foreman, Daniel South,
he consented in order to trap MCGEE in the
act. For this Office he was rather severely
handled when the stand by Henry
spaan. the defendants counsel.
where did you get certain money that
you used TO get drunk oni' asked Mr..
Spaan.
"By Cd, worked for it, was the reply.
The profanity Of the answer escaped
Judge Cox's attention and Mr. Spaan asked
the witness TO repeat the answer. he did
SO, but left off the oath. Mr.. Spaan then
put a questionumpeaching the witnesses
character for honesty and received the
answer:
by Cd. I don't have to steal for liv-
Ing. work for what get"
This time the oath reached the ear Of
Judge Cox, who. however, allowed the
said, addressing the witness:
"Ioung man. stand there where you are
j will fine. you $40 for profane language
while on the wItness-stand: ION viii be
til the fine is paid or the law satisfied
A profound hush followed the words of
the judge. Blank astonisbment was de-
pieted on the face of the witness. while
McGee and his counsel did not seem In the
least outraged at the action of the court.
Many Divorces Granted.
Anumber of divorce cases received con.
sideration yesterday. Charles Phipps OBJ
tained q decree. divorcing HIM from Ella
NJ. Phipps. ut the hands of Judge Harper.
Their child was given into the care of the
defendants mother until further orders of
tie court. The charge in the complaint
was iniidelity.
Judge Taylor divorced Pattie Turner
frs ITrfa II. h haA ~ ii
her, and gave her the custody of their
child.
Judge McMasters. in the Circuit Court,
granted DEGREES in the following cases on
ground of aDandonment: Angie Tuttle VS..
John III. futile, Adelaide Kirkland Va. Ed
ward NJ. Kirkland, Annie NJ. Meade vs.
Louchian ID. Meade. aud Florence A. South
from Charles ID. South. The maiden name
of Wilson was restored to Mrs. South.
Wants q Divorce Bad.
George w. Parker instituted suit yester-
day. in the Circuit Court. for divorce from
Betsey Parker. alleging cruel treatment.
He sets forth that in August, 1890. his wife
filed q suit for divorce from him, and oh
tanned an order of court enjoining him from
disposing OF any of his property and pre-
venting him from control of their child. a