The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-18
BOARD OF GUARDIANS LAW
Judge Taylor's Decision 0yerthrowing
1t Affirmed by the General Term.
Mrs. Jones's Story Of Her Husbands Brutal
ity-Must Stand by the Divorce She
Agreed To-Colrt Miscellany.

agreed Miscellany
This Shutter habeas corpus case was taken
up by the Superior Court in general term
yesterday. and the Judgment of the court
In special term affirmed. Judge Taylo 1t
will be remembered. after hearing full and
complete argument on both sides of the
case. declared that the Board of Childrens
Guardians. which had been granted custody
of Gertrude Shutter by the Circuit Court,
was an illegal body, and the law of 1891
under which it was acting was unconstitu-
tional. and also said that were it involved
in the case be would declare the act of 1889
unconstitutional also.
The board took exception to the finding
of the court and appealed TO the general
term In order to get the case into the SUI
prcme Court as quickly as possible it
was taken Immediately into general term
and submitted to the court without arRu-
ment or brief. The board prayed and was
granted an appeal 10 the Supreme Court.
An effort will be made to have 1t advanced
on the docket liz that court in order that
the board may know whether 1t has legal
existence or not.
t'F ot la
Annie Jones. in her complaint filed yes
terday for divorce from her husband,
Philip Jones. relates a story of continued
cruelty on the part of the husband that
is seldom found even in the divorce records
of Indiana. She alleges marriage May
9, 1892. and says that over since hat time
his extreme crueltry has continued. Last
month, she says. he came home intoxicated
and assaulted her, striking her three times
in the face; that he then threw her upon
the floor and struck her several times on
the head. He has been in the habit of
spending all his money for drink. and
would take from her money previous
ly given TO purchase provisions for
the family. On Easter sunday, she
says that he threw her upon a bed
and took from her by force money given
her with which to support the family
and lett Der during the entire week follow
ing without any means whatever of sup
port. 1t was a frequent occurrence. she
says. for HIM TO leave her for a week at o
time without support and go to q board
ing house, she being compelled to seek work
in restaurants and other places to support
herself and family. At one time. she says.
he purchased q railroad ticket for the pur-
poee OIL leaving the city and abandoning
her. and that she obtained possession OF
tnO kithCt anu boo q v Oub4Cu Nv bhO OhtOh
Station. using the money thus obtained to
purchase provisions for the household dur
ing that week. At another time. she AL
leges. he came home intoxicated. and SELF
ing q pot of bot coffee from the table as
saulted and struck her upon the head with
it, the contents falling upon her and scald-
Ing her severely, aud 1t became necessary
for q gentleman who was present to inter.
fere.
Police Court.
William Wells. who was arrested for as
saulr and battery upon his aged mother,
was in the Police Court yesterday. The
case against him was continued until to-
day.
Conrad Miller, who was arrested Sunday
morning by patrolman jackson for drunk
enness and drawing q deadly weapon was
fined 81 on the first and $50 on the second
charge by the Cadi. Miller entered the
Farmers saloon. at the corner of jackson
and Meridian streets. and ordered o drink.
Beng intoxicated ct the time. 1t was re-
fused him.. and in o quarrel which ensued
he drew = revolver and threatened to Kill
the proprietor's wife. He appealed from
the decision of the Cadi. and will take the
cases to the Criminal Court.
Fred Brandt. arrested Sunday night for
assault and battery upon his wife, was
lOuDu not guilty ana discharged. Inc
woman was not badly hurt, and Brandt,
having Just been released from the insane
ward of the poor farm. was not held.
Thomas Allen and William Harold
waived examination on charges of grand
larceny. aud were held for the action of
the grand jury.
He Had To Stay ina Bed.
About / o'clock Sunday morning Con-
stable Sorters was aroused from his slum-
bers by Oliver NJ. Campbell. who wanted a
writ of attachment issued to attach the
personal pro perty of a man named Gibler.
who he said owed him S25 for the rent of
q room in the Grand Opera House Block.
The two went to Constable Hutton's room
and woke him. and then went to the office
davits were filled out. From here they took
a carriage and drove 10 the residence of
Squire Hablch. where the atfidavlts were
sworn to and signed. aud the writ issued
upon them. Proceeding to Gibler's room
they awakened him anu attached q tuba
horn. gold watch and chain and his valise.
containing all his wearing apparel, and
took them to the 'Squire's Office and de-
posted them for the night. Gibler has
been playing in the orchestra at the En-
the city to join Wallace's circus and Camp
bell learning of the fact had his goods at
tached. The case was compromised yes
teTday and the goods released.
The ~TiIghmsu Divorc. Stands.
Judge Taylor yesterday refused to grant
Ellen T%ilghman the relief asked in her suit
TO review a judgment of divorce against
her. rendered several months ago in the Su-
perior Court. Mrs. Tilgbman said that her
husband had told her that a large amount
of money had been left him. but the be-
quest was in such q way that ne could not
secure the money il he were married. and
they entered into an agreement by which
she did not sppesr and defend the suit for
divorce. and judgment was gwen against
her upon default. Her husband afterw ard
refused TO remarry her according to the
agreement. and she brought the suit 70 re-
view the judgment rendered against her.
Declared Insane.
Michael Cnrran. q deputy constable OF
Haughville. was yesterday declared insane
by q commission composed of justices Mar
tin and Feller and Drs. Williams and Vile.
Cugran is n Young man twenty-five years
OF age, and came TO Haughville q short time
siacs from Pittsburc. Pa. and imagines
that the military force of that State Is pur.
suing him.
Ellen 4. Hart. residing at 2sS South West
street, was also declared insane, She lm-
-. h.e ~.