The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-04
STORE HAS TWO RECEIVERS
Conflicting Decisions Of Two Judges
of Equal Authority.
McCray Gets the Custody of His Children
Married Against the Courts Injunc.
tion-Pleading for Divorce.

Judge Brown yesterday overru leo CDas.
NJ. Cooper's second demurrer to the CON-
plant filed by ovid B.Jameson. attorney
for the Hogan Mantel Company. for the aD-
pointment of a receiver for William H.
Bennett. The court then appointed Fred
w. Cady. The effect of the overriding Is
to put the eognovit. that is, confessed judg-
ment of Bennett along with the preferred
creditors to whom chsttel mortgages had
already been executed. 1t will be
recalled that Judge Harper. Oh petition.
on Thursday, of the Encaustic Tile Com
pany. appointed Smith H.. Myer receiver,
so that now the store has two receivers.
Smith II. Myer is still in possession. and
Judge Harper said, yesterday, he would
remain so until he Judge HarperI saw
some reason to rescind his action.
How abOut Mr.. JamesOn's claim that
your proceeding was void, because the de-
PENDANT, Bennett. was not notihedl" was
asked.
"As n matter OF fact" said Judge Harper.
Il learn tina the clerk did not issue the
m until the next day, but that, L
believe. makes no difference. The statute
gives the cOurt a great deal or latitude.
Judge Brown has proceeded as ne thought
right. as if there were not already o re-
ceiver. but / suppose the contest will Dc
settled wholly within the conrts. There
will. / should think, be no effort to take
forcible possession of the store. My action
In the case puts all the creditors on an
equal basis. while the appointment OF the
Circuit Court puts the Hogan Mantel Com
pany's ~cognovit Judgment in preference"
Mr.. Cady will probably qualify o-day
He will then attempt to take possession,
and. if interfered with, will probably have
some one arrested. A release on habeas
corpus will then be attempted. and In this
way the case will reach the Supreme Court.
unless some compromise or agreement Is
effected.
Additional chattel mortgages were filed
yesterday as follows: +. NJ. Dell az Co..
S109; The Indianapolis Journal Newspaper
Company, SIS; knight 81 Jillson. SlO7; Ma
son X Davis. 81, 252; l.. L. Harris Company,
S134.5O; Perry Stove Company. S1,070.
Father Gets the Children.
Judge Walker decided yesterday. IN the
suit of William b. McCrsy against Conrad
Schneider, that the two children in ques-
tion should be delivered to the plaintiff.
who shall hold them in custody so long as
he treats them fairly. The court said the
evidence had not shown that the plaintiff.
the father of the children. is an unit man
PENDANT. who testified that if dispos-
sessed of the children he would
cut them off without q dollar. showed
| thereby that his regard for them was not
wholly for their welfare. The children
will temporarily be allowed to remain with
their grandmother. on account of illness.
They will then be committed TO the care of
the father. who lives with q brother in the
country on a farm. Judge. Walker said
that money is not all that is to be consid-
cred, and that while they would ~undOubted-
| ~ receive a greater inheritance If left with
their grandfather, they would become who'll
~ estranged from and fOrgetful of their
father. He did not think the court should
interpOse its strong arm to deprive a father
of his children. whatever the money inter-
est. unless the father was clearly shown to
be untitled to care for them. The children
were in court, and on seeing tears fill the
eyes of their grandmother. burst out crying
themselves. Otherwise there was no dem
Onstration.
DisoDeyed an Injunction and Married.
Ollie Pitts, who is under arrest for keep.
ing q place of evil resort, enters in defense
that she is O married woman. and is not
guilty. She obtained o license late Satur-
day night to marry Gale Johnson. who has
been known as her lover, and who was re-
Gently accused of shooting a boot black
named West in front of the Pitts house, on
| Kentucky avenue. He was discharged for
want of evidence. The action of the
Pitts woman and several other females
of similar reputation displeased the police.
and warrants were issued for their arrest
for keeping houses of evil resort. 1t is
thought she heard Of this and sought, to
prevent q conviction by getting married.
She was divorced in Judge Harper's court
some months ago and forbidden to marry
! for two years. This further entangles her
in the laws meshes. The case will be
called to-day in the Police Court.