The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-01-07
TOW WILL GET THE OFFICE
Peculiarly Complicated Election Case
Decided by the Supreme Court.
II Recalls Famous Family Feud in Lawrence
County = Brush Patent Case
Old Bills Turned Up.

Judge Coffey. of the Supreme Bench. yes
terday handed down nm opinion in the
case of Hugh L. Kimberlln VS.. the State
ex rel William Fl. Tow. of Mitchell. Law
renee county. which involves a story of
unusual interest. In 1888 William Tow
was elected trustee of q township in Law
rence county. In 1890 James Brown and
man named Murray were the nominees of
their respective parties for the same office.
The election was holly contested. and on
the evening of the day of election. after all
the votes had boen cast. but before they
had been counted, James Brown dropped
dead. When the votes were counted
it was found that he had been
elected by majority of seventy
votes. at the time there was con-
siderable agitation about lows right to
hold over, and at the November election of
1880 Tow and Kimberlin were the nomi-
nees of their respective parties for the Of
fee. Kimberlin received q majority Of
tho votes. but as the voting for township
trustee at the November election was un-
authorized by law. Kimberlin was not al
lowed to take the Office.
Dec. II. 1890. the Board of County Com
missioners of Lawrence county met in
special session and appointed KimberlIn TO
the Office of township trustee. He immedi-
ately filed his bond and the county auditor
issued him a warrant for the township
funds. Klmberlin served five days, and q {
the expiration of that time William Tow
brought proceedings in court to enjoin him
from acting as trustee. The restraining
order was issued. and then Tow again
brought suit to test the title OF the Office.
The case went to the Supreme Court, and
yesterday Judge COtfey held that the No
vember election OF 1880 was unauthorized;
that the County Commissioners had no
legal right to appoint KimberliD. and that
the title of the office is vested in William
low. The case assumes very peculiar
phase. when il is realized that Tow was
elected in 1888 for term of two years;
that in 1890 he was not on the ticket, yet,
by virtue of the death of the man who re-
celved the most votes at that election. he is
entitled to hold the office until the next
township election.
calling the family feud that existed some
time ago between the Tow and Bass fam
lilies. or Mitchell. These two families had
intermarried. yet were the bitterest enc
mics: Last July Henry Tow, brother of
William, was arrested by United States
officials for selling liquor by the wholesale
without license and for removing from q
bonded warehouse liquor upon which no
license had been paid. On July ID Henry
Tow came to this city to stand trial in the
federal court. His legal adviser was Con-
gresham Jason Brown. On arriving here.
however. it was found that the most
important of lows witnesses was
sick, and he secured postponement
of his trial until the September term of
court on that ground. Not only had the
Tow family come to this city well repro
sented, but their enemies. the Bases, had
also come in numbers sufficient to present q
strong array of evidence for the govern
ment.
The feeling between the two families was
very bitter. William II. Tow had intensi-
fed it by pushing law suits against Curtis
Bass, and when the Bases retaliated by
bringing Henry Tow into court on serious
point where personal conflict
any time. When it was decided to post
pone the case the two factions left for
home on different trains. They met, how
ever, at Greencastle Junction, where they
all took the Monon train for Mitchell. 1t
was then that the liveliness began. The
train had no sooner pulled away from the
junction than hcstilities were opened, and
the Tows and Bases made targets of one
another. 1t was never known who fired
the first shot. which was the signal for q
vOlley. Everybody not interested in the
fight made a frantic dash for the nearest
door, and the combatants soon had the car
10 themselves. buu low was shot IN the
back and fatally wounded. One of the
Bases was forced from the car by q Tow ad-
herent, and after hand to hand conflict
on the platform was thrown from the
train. which was running at high rate Of
speed, and fatally injured. Another one Of
the Bases fired at Martin Tow. the ball
passing through the latter's hand and
lodging in the hand of the wife of the man
who did the shooting. There were dozen
or more men and women engaged in the
fight, and several were injured besides
those mentioned. The shooting began In
the ladies' coach, and when the smoke
full possession of the car. Having ex-
hsusted their ammunition and the train
mon interfering. truce was patched up
and the rnn to Mitchell was made without
further hostilities.