The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-06-15
THE TAX CASES CONTINUED
A Request for Change of Venue from
the Superior Court Causes Trouble.
Judge Taylor Tres 10 His Private 0fhce-Will
Be Ca lei Up in 0ctOber-suits for
Lamaces-Diy0rce Gases.

The famous tax cases were set for trial in
Room l, Superior Court, for yesterday, but
the trials did not take place. The various
attorneys in the three cases, r.. G., Z. IL
St. l.. Railway Company VS.. Victor NJ.
Backus ct al. i. & V. Railway Company
VS.. Victor M. Backus ct al, and Western
Union Telegraph Company vs. Victor NJ.
Backus ct al, got together and entered
into an arrangement whereby all the cases
were to be trled in Room ! before oil the
judges of the Superior Court. Yesterday
morning the three judges had taken their
seats and were preparing to begin the trial,
when Judge Solomon Claypool, of this city,
representing Treasurer Thomas, of Shelby
county. arose and stated. on behalf of bis
client, he wished to file a motion for q
change of venue in the Western Union
case, from the judges, on account of bias
and prejudice. The motion stated that the
prejudice extended to all the judges sitting,
and the case was of necessity sent to the
Circuit Court on the change. At this
Juncture Judge Taylor left the bench and
retired to his private room, and refused to
have any thing more to do with the other
cases. Judge Harper said he would only
sit as an advisory member of the court,
thus throwing the burden of the trial upon
Judge Walker. who said that on account of
his p by steal condition he could not think
OF undertaking the trial of the cases alone
at this time. Therefore the two railroad
cases were continued until tho september
term. Ii is very likely the cases will not
be reached before November, on account of
the absence of Mr.. Butler, attorney for the
Panhandle road. during the most of the
September term.
Certainly Crazy.
About 8 o'clock Monday night Mr..
Schnedel, living on PcndletOn pike, came
to the house of Squire Habich and wanted
o warrant for the arrest of Charles II. Pot
ter. an old man sixty six years of age, liv-
ing next to Schneders. Schnedel said that
while he was absent from the house Potter
had forced his way into the room of his
(SchnedePs) wife and assaulted her. She
screamed and aroused the hbors and
Potter fled. The warrant was placed In
the hands of a constable who arrested Pot
ter. He was held under q $50 bond, In de-
fault of which he was sent TO jail. Later
in the evening a delegation from the
vicinity In which Potter lives came to the
'Suire's house and said that Potter was
crazy, and upon the advice of the justice
they filed an affidavit against him in in
sanity proceedings yesterday morning
The inquest will be held this morning.
Suing for Damages
Charlotte and Charles Moon filed suit
against the sheriff of johnson county. the
board of managers and officers of the Re-
form School for Girls and Female Prison
yesterday. The complaint alleges that
Charlotte Moon was formerly Charlotte
Baker; that she was confined In the prison
for a period of six IN on tbs, when she was
released on writ of habeas corpus; that
on account oil such confinement she was
damaged to the amount of IS. ZOO, for which
sum she asks judgment.
Charles DeFOrd Is suing Christopher
Rafert for 1000 damages for injuries sus-
tanned in q fall frOm scaftOld while work
ing for Rafert.
SUIT for Divorce.
Rose r. Tyner Is suing Frank II. Tyner
for divorcy, alleging cruel and inhuman
treatment as the cause. The complaint al
leges that the defendant is so intensely
jealous of tho plaintiff that he has refused
to allow her to have anything whatever to
do with even heI nearest relatives. lie Is
SO con sumed with his burning jealousy
that he does not want her to enjoy the So
ciety of her own mother. The parties were
married at Mobile, Ala. In June, 1891.
The Court Record.
SUPREME COURT OPINIONS.
1916. James W.'O'Neal VS.. C. & l. Coal
Railway Company. CLAW G. e.. Affirmed.
Elliott, lit is an employees duty TO use
reasonable care to ascertain the ordinary
perils of the service which they voluntarily
enter and they are presumed TO take serv-
ice with knowledge of such perils as are
-. f~,l
care to avoid them he cannot recover for
injury by them. An employer is under no
obligation To examine one not child APP
plying for employment as TO his experience.
1880. John w. Caldwell VS.. School City
of Huntington ct al. Allen L. L. Affirmed.
Miller, IA resolution by school board
employing a superintendent for year does
not take the contract ont OF the statute of
frauds nor would the mere failure of the
board to record such resolution have that
effect. A charge that they "willfully and
purposely failed and refused to make the
record" is not charge of fraud.
1871. b.. o. & G. Railroad Company VS.,
Charles e. Smith, Treasurer Lake &. &.
1922. Cora l.. Ten Brook VS.. Howard
Maxwell, Administrator. Parke c. e.
Transferred.
1852. George w. Bement VS.. Jane NJ.
May. Vigo c. c. Motion to dissolve in
junction sustained.
sCPERlOH COUhT.
Room 2-Hon James w Harper Judge
South-slde Building and Loan Associa-
ton VS.. Hattie M. Forrest ct al. foreclosure
OF mortgage. Trial by court. Judgment
for plaintiff.
Neo Sd,s Filed.
Rose r. Tyner VS.. Frank r. Tyner;
divorce. Cruel and inhuman treatment.
Room /. Elizabeth Haltfin VS.. Edward
Halffin; divorce. Room 2. Henry Sellers
vs. Harriet Hall ct al; complaint to quiet
title. Room !.
CIRCUIT COURT.
Hon Edgar A. Brown. Judge
c. NJ. Henderson 81 Co. vs. joseph f.
MarOtt: account Judgment against de-
fendant for S3i6.S5.
Edward Bowers. taken from his parents
on Saturday last on petition OF Board OF
Children's Guardians, was adopted by his
uncle, Low Bowers, and wife.
Nep Stats Filed.
Clara G. Swan VS.. Tho Art Enclosing
Machine Company ct al; damages. De-
mand, 5000.
George w. Moore VS.. John w. Russell @,
al; complaint to quiet title.
CRIMINAL COURT.
Hon. Henry n. Span. Judge Pro Ten
State vs. Norman Shafer; petit larceny
Trial by court. Finding of guilty. Fined
81, Imprisonment In State prison one year
and disfranchised for one year.
State VS.. Frank Hine petit larceny. De-
PENDANT withdraws plea of not guilty
and pleads guilty. Fine of 81, imprson
ment in State prison for one year and dis
franchised for one year.
A VIGOROUS POTEST.