The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-17
DEFIED THE MAGISTRATE.
Secretary Kennedy Declined to Show
State Fair Entry Books.

Justice of the Peace Hay has had a live
ly controversy the last day or two with
Charles f. Kennedy secretary of the State
Board of Agriculture, over the defiant
fusaI of the latter to produce his book of
entries of exhibitors in Justice Hays court.
The trouble arose over an account sent
here for collection against W. S. Van Nat
ia, a stock fancier of Fowler, who has a
pen of fine Poland hogs on exhibition The
National Live Stock Journal. of Chicago.
claims that Van Malta is indebted to it
s41.65 for advertising. The claim was placed
in the hands OF Writ c. Smith, with in
structions to caDias Van Malta. In order
to find whether Van Malta was at the
State fair Smith went to Secretary Ken
nedy and asked permission to see the book
of entries This request Kennedy refused
to grant. Mr.. Smith then asked for writ
directing Secretary Kennedy to appear in
court this morning with his books a
witness IN the case. That was on Tuesday.
The writ was served. Kennedy called up
the justice by telephone and inquired why
he was required to show the books. To
this Justice Hay says he replied that he
could not tell, as he had simply issued the
writ in the ordinary way. The magistrate
appear with the books. Hay retorted
shortly that Kennedy would appear if
there were enough men in the township to
bring him into court: The justice further
informed him that there is building on
South Alabama street ready to open it's
doors for men who refuse to obey legal
Yesterday Mr.. Niblack a member of the
board. called on the justice and informed
him that the State Board of Agriculture
is a private corporation, has exclusive con-
troll of it's own books and that it could not
be required to produce them. Justice Hay
expressed some surprise to learn that the
corporation is a private body and asked
Mr. Niblack why it was that State funds
are expended to foster it. He repeated the
assertion that Mr.. Kennedy would have
to produce the books, if it took whole
army of constables to enforce the writ
From an investigation of the hotel regis
ter at the Grand Hotel Justice Hays con-
stables ascertained that Mr.. Van Malta was
in the city, and by little inquiry learned
Armed with a writ of capas Deputy Con-
stables Smock and Wilkerson went to the
fair grounds yesterday afternoon, intend
ing to arrest Van Malta and take him be-
fore the justice forthwith AT the gate
they were refused admission. The assist
ant gate keeper called a special policeman
to his aid believing that the constables
would walk past him. When the officer
was shown the writ and the constable eX-
hibited their badges he informed them
that he was there to prevent people from
entering at the request of the gate keeper.
Not to be baked. the officers purchased
tickets and entered the grounds where
they arrested Van Malta. He accompanied
them to Justice Hays office and deposited
$50 cash for bail.
Mr. Van Malta says that he does not owe
cIares that the whole proceeding is a
species of biackmail. He says that he has
lived in Fowler twenty years. is perfectly
able to pay his debts. and there Is no oc-
/ casion for such methods. The case will be
! disposed of this afternoon.