The Indianapolis journal., 1892-02-27
JURY OUT BUT A SHORT TIME
Higgins Gets a Verdict for $4,000
Against the Union Railway Company.
His Elevator on Virginia Avenue Was DAM
aged BY the Viaduct-Women Fight with
Brooms-C Chicken Thief Given Two Years.


The jury in the suit OF William Higgins
against the Union Railway Company and
the City of Indianapolis returned averdict
yesterday, giving the plaintiff $1,000 dam
ages. Higgins owned a grain elevator on
Virginia avenue, which was damaged by
the erection of the viaduct. The assessors
appointed to survey the property awarded
him only $500 damages. His recourse lay
in an appeal to the courts. The trial lasted
sixteen days. being stubbornly contested
by Baker q Daniels for the company and
by Leon o. Bailey for the city. Peelle az
Taylor were attorneys for the plaintiff.
The evidence showed that the business and
building of the plaintiff were ruined by the
viaduct. and that Its value was many times
the amount of the award. The verdict was
arrived at in an unusually short time. and
was in excess, 1t is said, of the amount
really expected. When asked what he
thought of the verdict. Mr.. Daniels said:
1T is more than / expected" When Mr..
Taylor was questioned he said:
Higgins deserves it. every cent. He had
q property there that cost him S25, We
asked for $4,000 The reason why the
building fell down the other night was
that the visduct shut of the water outlet;
which caused IL to collect IN the cellar and
to weaken the walls. LIZ the company
which has this TO pay fights the execution
we can increase the verdict. for we have
now possession of facts that we dld not
have to start on. The fact Is, the assess
ments along the viaduct were outrageously
low to all who were affected. There are,
however. only two other suits OF this kind
now pending"
Fought with Brooms.
Mrs. K. c. English. was fined yesterday,
in the Criminal Court. 81 and costs for pro-
voking her next-door neIghbor In the
Gallup Block. 1t was a case on appeal,
Justice Feibleman having found her
guilty. The women had called each other
names, and one had struck the other with
q broom. The defendant is a widow. with
two young children. and was given until
next Saturday to find some one to stay her
fine. The quarrel was one of the affairs
common to tenement blocks, and. being be-
tween women, engendered bitter hatred.
1t was remarked among the observers that
q woman hates woman for keeps, put
will easily condone a mans offense. "Yes"
said Judge Cox. land when cases come
to this court from the justices
courts or the Police Court. it is usual that
the opposing parties have lost interest and
hatred at the same time. They care little
about the prosecution. Bnt with women
it is different. The provoke statute Is
woman's law. Women resort to 1t more
than men. 1t is good law when 1t is not
abused. but 1t usually Is abused. Mr.
Hoffman, however. seldom presses case
of the kind.
Plea of Abatement.
Fred LocklIer, through his attorneys.
yesterday filed in the Criminal Court
plea of abatement in the prosecution of
| the charge of embezzlement for which he
| 10 held to answer. He was arrested on in
formation and affidavit sworn to by some
members of the colored Odd-fellows lodge.
Locklier was it's secretary, but being O
| bad book keeper has an apparent shortage
| of S4O0. The plea sets out that two grand
| juries have refused TO indict him, and that,
| therefore, 1t is illegalayd unjust to prose-
| cute him on the more summary process al
lowed by law. The court heard argument
on the subject, and will rule on the plea
| this morning.
Compromised the Case.
James NJ. Bslfour. the produce merchant
| who was arrested on q charge of failing to
properly enter the amount of his oleomarg-
| crime sales, as required by law. compro-
| missed bis case with the government in
| spectors by paying $500. The fine as pre-
| scribed by law is hne of not less than
81 900, or Imprisonment for six months. or
both. Commissioner Van Buren heard the
| case.
| Wants Damages
Christian Matthews is the plaintiff in a
suit lied yesterday in the Superior Court
| against the Citizens Street-railroad Com
| pany to recover 1000 damage for personal
| injuries The complaint AYERS that the ac-
| cident was due to the careiessness of the
| driver in starting up the mules before the
| plaintiff aiighted.
Roberts Arraigned.
| William Roberts and Edward Brown
| were yesterday arraigned before Judge
| Cox on q charge of petit larceny preferred
by affidavit and information by detective
| German. of the Pennsvlvania system. They
| pleaded guilty, but sentence was withheld
| for the present.
| Wire Nails Seized.
| Daniel A. Chenowith yesterday began ac-
| tion in the Superior Court to replevin 150
kegs of wire nails from Charles p. Webb
and constable. Saylor. The property was
seized on by the court. 1t is worth $3.50.
| Gone to the Jury.
| The jury in the suit of Eliza Hackney VS..
Ella Pahlman. for s.. 900 damages for SLAM
der. took the case at 2 o'clock yesterday
| afternoon. The indications pointed to q
/ verdict for the defendant.
| He Stole Chickens.
| William Hurley, one of the Ft. Dodge
| chicken thieves, was yesterday found
| gnilty and given two years In the State
| prison.
1 The Court Record.
| SUPREME COURT.
1870. Frederick A. w. Davis ct al. VS..
| Henry p. Barton ct al Marion 8. G. Af-
firmed. Miller. J.-Where a defendant In
foreclosure suit. after being served with
| process. but prior to tho rendition of the
decree purchases the property In cOntro-
versy at tax sale. he is barred by the de-
cree as TO the interest so pnrchased; and
where he is not holding in his own right,
his beneficiaries are barred.
15471. Charles Quaack vs. John G..
Schmid ct al. Marion s. e. Affirmed.
Mcbride. J.-When material is like brick,
of such a nature that it may be used as fast
as delivered. IT notice of intention to hold
lien is delayed until it has in fact been
worked into and become a part of the
| structure. it is too late ao to the brick