The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-21
IN COURT OVER A YEAR
DOUGLASS POOL ROOM CASE FINALLY
BROUGHT TO TRIAL.
Indictment Returned March 5, 1891,
and the Place Has Been Open Since
Expert Testimony.

Samuel L. Douglass, manager of the
Mercantile Telegraph Company, is being
tried before a jury in the Criminal Court
Douglass was indicted by the county grand
jury. March 8. 1894. for operating a pool
room. The bill found by the grand jury con-
tanned two counts, one of which was for
keeping a certain room Will appliances,
blackboard, blanks, papers and other devices
for the purpose of recording and register
ing bets and wagers and selling pools upon
the result of trials and contests of skill,
speed and power of endurance of man and
beasts" The second count of the indlct-
ment charged that Douglass "did then and
there unlawfully become the custodian and
depository for hire and reward of three dol
lars in money, staked and wagered by one
John Singleton, upon the result of a contest'
of skill, speed and power Of endurance of a
certain horse known as John Hickey"
Attorneys James NJ. Cropsey aud Joseph
Healing are conducting the defense. TIL
prosecution devoted yesterday afternoon to
the examination of Samuel NJ. Pugh, a MEM
Der of the fire department. The witness was
called to give expert testimony. He is an
ex-turfman and before he was appointed
to the fire department spent a good deal of
time about Douglass's pool room. Mr.. Pugh
gave a vivid description of how the Doug
lass crowd sold pools.
The attorneys for the defense contend that
Douglass has at no time conducted a pool
room. They say that he simply receives
bets and transmits them by wire to the
track where the races are being held. 1t is
contended that a bet is not complete until it
has been received at the track. The Mer-
camille Telegraph Company, 1T is claimed,
is simply acting in the capacity of an agent,
as any other telegraph company would do.
Victory for Peru Journal.
The Appellate Court yesterday, in an
opinion by Judge Lott, affirmed the judg-
ment on demurrer of the Miami Circuit
Court in the case of the board of COM
missioners. VS.. Wilfred A.. Woodring. pub
Usher of the Peru Evening journal. Wood
ring printed the election notices, giving the
names of candidates. and charged sa94.75
therefor. The commissioners refused to al
low it on the ground that the matter was
not set in the form of the statute direct
ing such publication and was made to take
f f1are times ot ahs Necessary &c nay ~ sps e for The he board ss,ri
LEGATION, which was refused. The court
holds that the amount of damages cannot
usually be determined on demurrer, which
is a question of fact for the jury. The
case went up on the trial court overrul-
ng a demurrer to the complaint and the
ruling was sustained in the opinion handed
down yesterday. The opinion holds that "a
single paragraph of answer cannot perform
the double function of both denying and
SoilSSSii5 XIII dfOiutHS IiC SOlipiouit.
Principal and Agent.
An oral argument of more than usual in
terest occurred yesterday before the SUI
preme Court. The case was the Pennsyl-
vania road against William Sullivan, a
former employee. Receiving a, severe in
jury in the arm, Sullivan was taken to the
railroads local physician for treatment.
There Sullivan refused to take chloroform
unless the surgeon would promise not to
amputate the arm. This promise was given
a aha the arm Ma ampn u nirer adminis.ering
action of mayhem against the surgeon and
sued the, company for damages or. the
pany's agent and it was therefore Are-
sponsible for his acts. Sullivan won in the
whether the surgeons act could bind the
company under the relation If principal
and agent.
Sent Back to Huntington County.
Judge Baker, of the United States Court,
yesterday remanded the damage suit of
Henry Bane against Henry Kiefer and the
City of Huntington back to the Huntington
Circuit Court. The suit is to recover dam
ages for personal injuries. 1t was original
ly brought in the Huntington Circuit Court
against Kiefer & Hallowell, sewer contrac-
tors, and the city of Huntington. Halo
we'll was a resident of Ohio, and the de-
PENDANTS had the case removed to the
United States Court because he was a nom
reSlQent OF the state. since then the
plaintiff dismissed the suit as to the de-
PENDANT Hallowell, and his attorneys Sc
cured an order to remand the case on the
ground that all parties to the suit are citi-
zenS of Indiana.
Courthouse Elevator Contract Let.
The County Commissioner yesterday
awarded the contract for the construction
of an elevator in the courthouse to the
SuIger-Vogt Machine Company, of Louis
VILE TIL contract price is $3.50. Nearly
a dozen estimates were subjected to the
commissioners by different firms, but the
bid of the Sulzer-Vogt company was con-
sidered the most advantageous. The APP
paratus is to be built on the plan of the
monument elevator. with all the modern
electric appliances. The commissioners will
contract with the Indianapolis Light and
Power Company to furnish the power. The
new elevator is to be in operation in sixty
days.
Judgment Was Too Large.
The Appellate Court yesterday reversed
the Judgment of the Clark Circuit Court,
which gave Myra T.. Rodgers $500 for
breach of marriage contract by Nicholas
Eve. The plaintiff is the divorced wife of
Charles p. Rodgers, who had not been
seer for eight or ten years. Eve had been