The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-08
LAWYERS HAVE TILT
HOT WORDS DURING A TRIAL IN
THE CIRCUIT COURT.
Two More Amdavits Filed in Support
of the Motion for "a New Trial i'm
Winnie Smiths Case.

The paternity suit of Minnie Wroblinsky
against Charles Gift, which came to a
close in the Circuit Court yesterday after
noon, afforded the counsel on either side
a rare opportunity for oratory. The plain
tiff, a pitiable-looking girl of immature
years, sat close to an elder sister during
the argument. her shrinking figure clad in
the most ordinary garments. Over on the
other side the defendant was surrounded
by his kin. He looked strong and hearty.
and was we'll dressed. Attorney Bailey de-
Tended Gift, and during his argument in
his clients behalf referred to him as the
pure Joseph who had been tempted by the
beautiful wife of Potiphar of olden times.
Attorney William II. Brown, representing
the ~relatrix, objected to the comparison.
Il protest." he exclaimed, addressing the
court. over the heads Of the jury, ito Mr..
Bailey comparing the pure Joseph of the
Hebrew Scripture to the villain at the BAR
Then, turning to the jury, and directing a
menacing finger toward the chair occupied
by the defendant, he went on:
Look at him. Isn't he a pure Joseph?
Isn't he a dandy Joseph, gentlemen Of the
jury? Think of comparing him to Joseph
after his attorney has already described
him as ar all-round sport. 1 also protest."
continued Mr.. Brown, against the attor-
ney comparing this innocent child to the
- 1HcOEo " Isl B(-LO L tARI . WIG
why, this man is a lfrequenter OF the
broke in attorney Bailey, hurriedly rising
to his feet. There has been no evidence
here to show that this man was ever on
the 'levee,' and I submit to the court that
it isn't fair; it is not
"Oh, well, then I'll withdraw that tri-
umphantly added Mr.. Brown, by asserting
that he is lower than any man who walks
the 1evee.'"
II should be ashamed to confess an ac-
IIa n nth those f A.
'levee' if / were you, Mr.. Brown" was the
retort of attorney Bailey, and then Judge
Brown interrupted:
This has got to be entirely too personal,
gentlemen" the court sharply observed,
and it will have to stop"
I've said all l want to, and I'm ready
to STOP replied Mr.. Brown, %glancing con-
temptuously toward the other side. 1--WE
lived in this town thirty years. and my
record is open to this jury or the attorneys
over there"
Attorney Brown closed the case and the
court sent out the jury at 4 O'Clock. A
verdict had not been reached at 5 o'clock.
Damage Suit Against Attorney Haas.
Wesley A. Stout yesterday filed in the
Superior Court a suit against Deputy City
Attorney Haas. declaring in his complaint
that he has suffered, through the malicious
prosecution of the defendant, damages in
the sum of BIZ 1000. Recently the plaintiff
sold his livery stable at No. 40 East Wash
ington street to Allen W.. Hewitt, who Dor
rowed $3.50 from the defendant Haas, for
the purpose of making a part payment on
amount, but was unable to meet payment
on the maturity of the paper. Attorney
Haas took possession of the stock which in
cluded two cutters, a spring wagon anG two
wheeled cart. Stout claimed that the latter
vehicles belonged to him and took them
from the stable. Haas sought to replevin
the property which he alleged had been
listed on the bill of sale to him and which
he believed belonged to him. He was unable
TN l0clfP the VahiPIpg he charged and
caused Stout's arrest on a charge of petit
larceny. The latter was dismissed on a pre-
liminary hearing of the case
More Amdavits in Smith Case.
Two more afidavits attaching the compe-
tency Of Louis Theme, one of the jurors in
the Smith murder case, were fled yesterday
by the defendants attorneys. The atlantis
were John S. Patterson. an engineer en-
ployed by the Pennsylvania Railroad Com
pany, and Henry H. Stern. Both make
oath to having heard juror Theme ex-
press an opinion as to the merits
Of the case. The afiant Patterson declared
that the juror, before the trial of the case,
used the following language:
IF were on the jury 1 would convict
him (Smith). He ought to be sent up for
ever" Henry H. Stern. the other alfiant,
heard Theme declare that IF he was on the
jury which tried Smith he would hang him."
for Morday morning. It IS said that smith
has regained much of his erStwhile cheer
fulneSS ana IS cOIIlQeDU L1dL MS dtlOTHeyS
will secure for him another hearing.
Against Roby Racing Association.
The Supreme Court yesterday affirmed the
Judgment of the Lake Circuit Court, which
gave a Judgment on mechanics lien against
the Indiana Racing Association in favor of
Alexander W.. Allen for %$7,170.59. The COM
plant alleges that the association claims
to be organized under the laws of Illinois.
and names the following defendants: A.
r.. Beck Lumber Company. Edward O..
Shedd, Charles B. Shedd, Mrs. Edward A.
Shedd, Mrs. Charles B.. Shedd, James E.
Webb, E. Ashley Smith, George q. Allen,
Susan NJ. Morgan, Henry S. Madden. John
D. Burns and unknown heirs of Dayton S.
Morgan, deceased.
Another decision yesterday by the SUI
preme Court reversed the udgnen of the
Marion Superior Court in the case of Rein
r. mmo appellant, VS.. Charles A..
involving a real-estate COM
mission.
Grand Jury's Final Report
The Marion county grand jury adjourned
yesterday after reporting the following in
dictments to the Criminal Court:
Cornelius V. Pope, petit larceny; Nellie
Cleggett, murder; Everett Birch, embezzle-
ment; George Hammington, grand larceny;
John Morrison and Jerry Palmer, burglary;
Edward Thompson, assault and battery;
William Malladay, petit larceny.
The grand jury recommended the dis
charge of Abe and John McPeak charged
with conspiracy; Thomas West and Felix
Robbins. charged with petit larceny, and
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