The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-20
NEW PROBATE LEGISLATION
Commissioner 0'Bryan's Suggestion as
to Deceased Bondsmen's Release.
JsycOx Given -Four Years for Playing Burg.
lar-Judge Baker and the Contempt Case
Register Entitled to a Federal Trial.

Probate Commissioner OBryan is much
interested in a bill now pending in the
State Senate to authorize the Circuit courts
to release estates of deceased bondsmen
from liability when new bondsmen have
been appointed. Under the law, although
q new bond may be required to be given
when a bondsman dies. the eetate of an
old bondsman is still liable and there is no
legal provision for relief. Tho heirs of the
deceased bondsmsn may know nothing of
the beneficiary of the bond. and all may be
agreed to the release. but 1t svails nothing.
1t is said the bill will certainly become q
law.
Another bill which is to be urged. and
the need of which has developed in Com
missioner O'Bryan's experience. is one re-
lating to the exact date of the beginning of
the probate year in letters of admlnistra-
tion. The popular impression is that the
year begins with the date when the letters
are issued. but the law makes the year be-
gin with the date Of the first publication.
Mr.. OBryan says in large cities. where
there 10 q heavy probate business, much
confusion arises from the lack of q record
OF proofs of publication. The proposed bill
contemplates requiring county clerks to
keep a record of notices and of the proofs
lation needed to facilitate probate affairs,
which will DC introduced later.
Carter Punished but Gaisford Escapes.
John Gaisford. man seventy years old.
and looking like Russian jew was tried
in the Criminal Court yesterday for keep
ing a fence" and for receiving stolen
goods. He runs little junk-shop on Mas
saohusetts avenue. which is q depository
for nearly every description of article I'M
der the sun. Some time ago William Moore.
of the county treasurers office. had an
overcoat stolen, and the detectives found
1t in pawn at Gaisford's. The old man said
that q man named Carter brought Ic to
him and the police soon had him In the
tolls. Carter was indicted for stealing the
coat and Gaisford for receiving it. A jury
acquitted the latter. AS he was about to
go Judge Cox said to him. that while there
was no conviction on the present charge.
that he should be very careful and not get
into the court again, or 1t might go hard
with him. Carter pleaded Ruilty TO the
theft and was sentenced to three years IN
prison.
In Contempt of Court Cases.
G. Kirkwood and p. Nelson. two of the
Muncie strikers. as it 10 alleged. appeared
before Judge Baker yesterday under sum.
mons of the alternative writ issued the
day before Mr.. j. Z. Mccullough who
was retained by them as attorney. informed
the court that they were not ready for
trial. and desired time in which to send for
witnesses. Judge Baker thereupon granted
postponement until this morning.
at 10 O'Clock. Warrants were issued
for the arrest of w. Ii. Bailey
and Nj. &. Smith, who were also cited to
appear yesterday. but who failed to do So
and they will be brought in. if found nm
der custody. Judge Baker, who detected
a spirit of levity upon the faces of Kirk
wood and Nelson, advised them that the
charge against them is not q frivolous one.
and will bring upon the heads of proved
offenders adequate punishment
Still Settling the Fredericlxs Case
Another phase of the Fredericks case was
| up before Judge Harper yesterday. and the
| notoriety it has had in the last few weeks
| attracted n large crowd of listeners. Sew
| eral years ago, when Mrs. Myers, who was
| then Mrs. Frederjcks. was granted a d.
| vorce from her husband. she was given the
| custody of their two children. Frederick
| has since several times tried To get access I'd
| them. and at one time forcibly took the
| younger to his house. This brought an
| action from Mrs. Myers for contempt of
| court, but Fredericks was discharged on
| some legal technicality. He then brought
| action to SO modify the order of the court
| made by Judge Rowland in the Circuit
| Court, so that ne can see the children, and
| have them with him at certain times. The
| day was conscmed in taking testimony as
| to his behavior tow ard the children.