The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-08-22
THE BAIL "WHACKED" UP
CONSTABLE NEWHOUsE'S PECULIAR
ADMISSION ON WITNESS STAND.
Light Thrown on a Transaction in
Magistrate Sears's Court Some
Time Ago.

During the trial of the case of Agnes Cas-
tie against John S. Old, the latter employed
by the Union Railway Company. light was
thrown on a peculiar occurrence in the
office of j. W.. Sears when the latter was a
justice of the peace in this city.
Last summer Old was employed on the
Lake Erie & Western road and boarded
with a Mrs. Castle. TO whom he became in
debted to the extent of s95. He lost his
place and. as claimed by him, was compelled
to move, along with his wife. Some time
later he broke one of his legs and. to add
to his misfortunes, was sued for the money
he owed. He left the city to search for
work and returned without finding any, but
finally secured his present place with the
Union Railway Company. Without consult
ing an attorney, he went TO Justice Sears's
Office and confessed Judgment without relief
from the exemption laws. Later an action
was brought to levy on some property which
he was alleged to have secreted. but none
was found, and the papers In the suit
claimed that Old was attempting to defraud
his creditor by Withholding and secreting
money and other property.
During the testimony in this case yester-
day Old stated that, about three days after
he had confessed judgment in favor of Mrs.
Castle. he was visited at his home by Con-
stable Newhouse. of Justice Sears's court,
and that the latter told him he had "a paper
for Old" The latter thereupon invited
Newhouse to take a walk, so that his wife
would not be disturbed by his visit, and
they went out into the street. There, Old
says, Newhouse told him he had a warrant
for his arrest for fraud and hat unless the
judgment he had confessed was paid at once
he would be compelled to arrest him.
Old protested that he could not raise the
money. and finally. he says. Newhouse
agreed to take sl2 las BALI for his appear
ance when wanted. This. Old says. he and
his wife raised by borrowing from among
friends and ~neighbors. Newhouse took the
money, he says. and gave a receipt, which
was undated, but on which he wrote: Re
ceived of John s.. Old sl2 for his appearance
to answer the complaint of Agnes Castle
and abide his Judgment" This he signed
and handed to Old. Yesterday it was
claimed that Old had paid only IS on the
Judgment, and, when he said he had paid
Newhouse s12, the attorney for Mrs. Castle
said no such amount had ever been credited
because it had never been paid to anyone
representing Mrs. Castle. Justice Smock,
before whom the case was tried, expressed
himself very forcibly against the irregular.
ity Of the whole transaction, alleging that
Justice Sears had no right to issue a war
rant for Odds arrest after he had confessed
judgment in the same case.
Constable Newhouse. being called to the
stand, said he had served the warrant is.
sued by Justice Sears. but he could moi
remember what 1t was for or on what date
1t was issued. He was under the impression
he said, that 1t was IAN attempt to de.
fraud" He admitted he had told Old thai
he would be compelled to lock him up un
less he paid the judgment at once, and thai
Old had offered him part of 1t. which HI
declined, saying he had no right to take it
He then agreed to a, proposal from Old tina
to serve as ''bail' for HIS appearance, anc
that Old a short time afterward returned
with his wife, saying that $12 was all they
could raise at that time of night. He alst
admitted that Old had stipulated with hin
that the money was to be considered as par
payment on the judgment, and that h
agreed to this. Newhouse then said h,
turned the money over to Justice Sears
ter, but he could not tell what was don,
with the rest of it. He was under the i'm
preston that it had been "whacked up
between Justice Sears and others inter
being positive, said it was his understand
ing that no record was made in Justic,
Sears's criminal docket of the collection o
the money, and he had been told that, tn
destroyed by Justice Sears when he receivet
the money. 1t was impossible to confirm
this statement last night, as Justice SmOck
who had taken charge Of Justice Sears
books when the latter went out of business
had sent the criminal docket to the Superio
Court ON an order. He said, however, tina
to-day he would examine the record an
ascertain If any record OF the service of tn
warrant had heen made and IL the Xarrdn