The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-04-23

A Verdict for the Co-Defendant In the ny
ldfe-1nsurnnca CasA


whether the plaintiff. widow of the policy
holder. or the co-defendant, Clark. is emit
tied to the insurance of $1,000. this amount
having been paid into court by the COM
psny. The testimony showed that the
Nye assigned the policy to Clark as
security for loan of $780, Clark
agreeing to keep the premiums paid, and to
re-assign it whenever Nye was able to pay
back the loan, premiums advanced and in
terest. just as Nye accumulated money
enough to do this he died, and Clark
claimed the entire proceeds of the policy.
He had paid in all. it is said. less than $500.
and the widow maintained that this
amount was only q loan. which she was
ready and able to pay back. with proper in
terest. The court instructed the jury that
the law clearly makes the policy the prop
erty of Clark. and that the verdict must be
rendered accordingly. The 1nstructlone
were therefore obeyed by the jury without
leaving their seats A motion for new
trial was filed immediately.
Tommy Miller Lectured by the Court.
The cases of provoke brought in Squire
Feibleman's court by Tommy Miller, the
ex-pugilist, against his wife's brother. John
Lee. and her brother-in-law, Thomas Green
stead, were tried yesterday, and the de-
PENDANTS were acquitted. the court taking
the opportunity to give the relator sound
lecture for moral obtuseness. Miller after
ward said he didnot object to the finding of
the court, but didn't relish the Justices
strietness.. The case grew out of the arrest
of Miller Saturday last for assault and bat
terry on his wife, the above defendants
being the REALTORS in that case. Miller was
fined 81 and costs, the court listening to the
pitiful plea OF the assaulted wife ana re-
ducing his fine as first intended from $40.
The wife took the blame upon herself, say
ing her husband had given his consent for
her to attend a ball at M@nnerchor Hall,
but she stayed so late, she said, he had to
send for her. She resented the lnterfer-
ence of her kinsmen and insisted that she
kept her head tied up all day after the as
sault, as the result of push.
A Peculiar Contract.
The jury in Judge Walkers court, in
the case of Hannah Martens VS.. Chris
topher Wempner, farmer of De-
catur county, yesterday returned verdict
of 1924 for the plaintiff. The evidence
showed that in 1882 the defendant agreed
with the plaintiff. who was then sixty years
of age, to give her home, all necessary
clothing. food and attention. and twenty
five cents month for life, in confederation
of her services as housekeeper.s In Feb
ruary of 1880, the plaintiff fell and broke
her leg. and was confined to her bed for
thirteen weeks, and was disabled from fur
Their service. In this period of sickness the
defendant induced her to sign q release of
contract, and was about to take her to the
pOOr-hOuse. when relatives learned OF the
purpose and themselves took charge of her.
Suit was brought against Wempner for
damages for breach of contract, resulting
as above noted.
His Apology Came Too Late.
Mrs. Nellie Stuart yesterday filed civil
suit in Squire Feibleman's court for posses
sion of two rooms in her house. No. "a West
Market street. occupied by William NJ.
Ginwitts, the relator in q recent criminal
libel suit against A. Z. Winter, in which
the former figured as Provisional Head
Consul of the Woodmen of the World"
When the process was served on him by
the constable at noon. yesterday. he ap-
preached Mrs. Stuart and used both violence
and exceedingly offensive language, she
says, In venting his anger upon her. She
then sought the office OF Squire Felbleman
again and. while filing warrants for his
arrest on the charges of assault and bat
terry and profanity, Glnwitts appeared and
offered an apology. The lady, however,
refused to be Modified and Glnwitts was
at once arrested and gave bond for his ap-
pearance.
Says the Deeds Were Forged.
Another case of alleged real-estate Chi
canery came to the surface yesterday in the
fling of suit in the Circuit Court, by
Isaac H. Odell against Garnett A. Clement,
Frank E. Johnston, John c. Parr, George
j. Alderman and George T. Kepler, of
Wayne county. The plaintiff alleges that
he is the owner of certain property in this
city and in North Indianapolis upon which
the defendants hold some claim by reason
of certain deeds on record in the recorders
office; but the said deeds are claimed to be
false. forged and fraudulent. never having
been conveyed, at any time, to the pre-
tending owners The plaintiff asks that
the deeds be set aside and his title Quieted.
Probate Matters
Richard S. Terrell yesterday qualified as
administrator of the estate of Warren d.
Reed, with bond of 500. Isaac M. Helms
took out letters of administration on the
estate OF Morris Helms. giving a bond of
$4,000. Joseph V. McKernan resigned as
administrators of Edmonia G. McKernan.
bond of $1,000. Louisa N. Dammeyer was
appointed executrix of the estate of Anton
+. Dammeyer; bond. $1,000.
Bitten by Dogs 800 Worth.
Samuel G. Trlttipo yesterday petitioned
the Circuit Court for an award of 500 dam
ages against John Rauh. He alleges in his
complaint that having sold the defen dant
quantity of corn, and having entered his
premises TO inquire where he should unload
the corn, he was attacked by two vicious
and dangerous dogs kept by the defendant.
and seriously lacerated about the lower
limbs.
The Jury Visits the Scene.
The jury in the case of Martha NJ. Brown
VA. Citizens Street-railroad Company for
$1,000 damages. in progress In the Circuit
Court, was taken to the scene of the men,
orable accident yesterday afternoon in
charge of the baillff The attorneys for
both sides accompanied and assisted in ex-
planning to the jury the situation as they
severally view it.
Damage Suit for 81 900.
Margaret Martin brought action for 81, 900
damages In the Superior Court. Yesterday.
against the j. A. Everett Seed Company,
whose place of business is No. 14l West
Washington street. The complaint al
leges that the defendant INSTRUCTED the
sidewalk causing the plaintiff to fall. and
resulting In serious and permanent injury
to her.
Must Explain to the Court
James r Rray was vastar6 n " arrastad nv