The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-07
BOOK GONE FROM COURT
JUDGE LEATEIERs's INVESTIGATION
IN RED CLAY ORCHARD CASE.
Juror Kane Claims to Have Been
TraiIed by Detective, Who Is
Summoned.

The Red Clay Orchard Company suit on
trial in Room 2, Superior Court, seems
doomed to delay. The proceedings were
held up for two hours yesterday because
of the mysterious disappearance of some
documentary evidence which had been in the
hands of the plaintiffs attorneys since the
trial began. The mystery had not been ex-
planned at the hour OF adjournment last
night and the plaintiffs attorneys confessed
that their case was greatly embarrassed.
William Jones' the president of the Red
Clay Orchard Company, with other stock
holders, suing James H. Smith, the form
er treasurer of the company. Smith has been
on the witness stand on crosS-examination
for three days. In putting their questions to
the witness the attorneys for the plaintiffs
have constantly referred to book contain
ing the minutes of the meetings held by the
directors of the Red Clay Orchard Com
pany. Thursday night Judge feathers held
court until 1920 o'clock and when the ses-
sion closed the attorneys left all their docu-
ments in the courtroom.
Yesterday morning when court convened
the minute book was missing and search was
made for it. At noon it had not been found
and the fact of it's disappearance was re-
marked as being rather curious. No one
and at o'clock. when court reconvened, the
plaintiffs attorneys demanded that investi-
cation be made. The attorneys for the de-
Tense appeared equally as anxious for an
investigation and number of people were
sworn and asked what they knew of the
missing book. The baiiff and page of the
courtroom were examined and, in fact, every
one interested in the trial except Judge
feathers and the jury was questioned
Judge Leathers then suggested that several
strangers had been about the courtroom the
evening before and advised that they be
looked up.
1T was learned that one of the men who
have been spending considerable time in the
courtroom lately is John p Callahan, who
is said to be detective. This information
came from Thomas Kane, one of the Jurors
who told the court that Callahan had been
following him for several weeks. Kane said
that Callahan had been watching him closely
ever since the Red Clay Orchard Company
suit began kane's theory is that Callahan
Is employed to watch him because of some
4tgatlon he has in the courts While the
SteVenson building was in course of erection
name was injured while walking on the
plank sidewalk that had been put down by
the city and the contractor of the building
Name brought twenty-fve-dollar damage
suit against the city and also sued the build
ing contractor. These cases have not Vet
been tried. Kane also sued an Illinois in
surance company on an accident policy and
secured judgment for $l,500 while Lawson
NJ Harvey was on the Superior Bench. The
company was granted new trial. and the
case is to be heard again. Kane complained
yesterday to Judge feathers that Callahan
had been trailing" him lately and he as
serted the belief that this was being done to
secure evidence against him in his forthcom-
ing damage suit.
Issue a subpoena for Mr.. Callahan" said
Judge Leathers, after listening to Juror
nj no G1ig1 =
and deputy sheriff was sent to serve it,
me court said he proposed to find out why
Detective Callahan found so much to in
terest him in the Red Clay Orchard trial.
Late yesterday evening it was reported that
Callahan could not be found. While no one
charges that Callahan knows anything of
the missing minute book the attorneys want
TO examine him, since they have questioned
others who were in the courtroom at the
hour of adjournment Thursday night.
The Red Clay Orchard suit will have to be
finished with eleven jurors. John Traub, one
of the jurors. was excused yesterday morn
ing on account of illness, and by agreement
the case will proceed without him.