The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-29
VARIOUS CHARGES ARE MADE
THE PLAINTIFF WAS EDITOR OF A
PAPER IN SALEM.
In His Complaint He Itemizes the Al
legged Causes for Damages
The story.

in washington county, III anu dOOue Soi~A''
asking damages in the sum of 100000. The
defendants named in the petition are; Ell
W. Menaugh, Calvin G. Menaugh, Voiney
T. Reid, Asa Elliott. Emma Elliott. Thomas
N. Smith, Mrs. Thomas n. Smith, Margaret
Merritt. Matte Taylor. Mary Peters
Charles SchIageI, Henry Schlagel. jr-, Her
man Schlagel, stephen ID. Brown, Cnarles
III. Jackson, Ezra Davis, Mrs. Ezra Davis,
Bevity T. Pace, Mrs. Bevity L. Pace, Henry
w. Medlock, jeremiah Jamison. Simeon H.
Hudson, David III. Alspaugh, Haviila Z.
Hobbs, John b. Avis. Mrs. John Il. Avis,
Lena Davis-Adams, James b. Berkey and
Edward Kemp.
The petition at the outset cites that the
town of Salem is one of the older towns OF
the State. and of late years has grown but
little and that it's citizens, by reason of fire.
quent .ntermarriage and long association.
have become clannish and they do thereby
control in their own behalf all the social.
fraternal, religious and municipal organi-
cations and institutions" of that locality.
The plaintiff AYERS that he became a resi-
dent and the owner and publisher of the
Salem Democrat in 1887. and removed to
that town with his wife and two children
and soon acquired a high social position,
and his prospects were fair and favorable.
He resided there in happiness and content
ment as an esteemed citizen until on "the
first day of January, 1898. the defendants,
Eli w. Menaugh and Calvin c. Menaugh,
for purposes of their own, and seeking how
they might accomplish the ruin and down.
fall of this plaintiff and destroy him in all
I,
wickedly and maliciously set about to or
ganize and did organize an unlawful con-
federation and conspiracy" in ORDER to ac-
complish his ruin and that all of the de-
PENDANTS were conspirators. aiders, coun-
selors or abettors."
SPECIFIC ALLEGATIONS.
Several pages are taken up in a recital
of the alleged manner in which the defend
ants conspired to secure control of the
public and private businesses upon which
his business depended, and the charge Is
made that the Menaughs, in the name of
Calvin c. Menaugh. purchased indie
pendent newspaper and, under the name of
the Sun and the Democratic Sum- con-
tinued the publication of alleged slanderous
articles about the plaintiff. and besides at
tempting to secure the public printing tried
to retain control of the office of clerk of
court by nominating and electing as such
clerk one Theodore Wilson, who was the
who had been his deputy clerk
1t Is further charged that they next
formed a combination with the Republic
ans and fought the regular Democratic
ticket in the election of 1894, the result be-
ing that Republican was sent to the Gen
eral Assembly as representative from said
Washington county, and Republicans were
elected to the office of clerk, auditor and
treasurer; that thereupon the said Eli w
Menaugh had and procured his son-in-iaw
TO be appointed deputy clerk OF said court.
and he in effect administered that office
while the clerk-elect continued to reside at
Campbellsburg; that the defendant volney
7. Reid was at the same time elected audi
tor and with the aid of the newly-elected
officials said defendants and their confed-
crates obtained for the Menaughs and took
from plaintifr nearly all the public print
ing"
ALLEGED FALSE ARRESTS.
The next paragraph of the complaint re-
cites some of the sensational charges made
in the petition as follows:
'In 1899 the said defendants, believing
themselves to have complete control of all
agencies required for their purpose, set on
foot series of false arrests OF and ma
hcious prosecutions that said
charges were originated before the defend
ant Berkey, who was then ard there JUS
tice of the peace, and who give 1T out TO his
eonfederates that he would fine this plaint-
iff or find him guilty on any charge said de-
PENDANTS should make against plaintiff in
said Berkeys court" He then gives num-
Der OF instances or arrest, u case of assault
with intent to Kill being taken to the Circuit
Court before the defendant Alspaugh, who
was presiding judge. He charges that Judge
Alspaugh appointed a special Judge, upon
his application. and attended the trial OF
said causes, where he took conspicuous
place in the presence OF the jury, and by
grimmaces, frowns and other reprehensibIs
acts of pantomime and otherwise, he lent
his aid and influence to preJudicing the jury
against this plaintiff and to secure his coz
viction and to his being fined: that pending
the trial of said cause the said
Berkey withheld the records OF his court,
which this plaintiff desired to Use in evil
dence in his defense, and said Berkey de-
MED that such records ever were III exist
ence. although he was subsequently COM
PEELED to produce such records.
He recites other acts Of the defendants
against him. the alleged object of which
to deprive him OF his property, and
that on Nov. 5. 1892 they caused 10 be pub
lished In newspaper conducted by the de-
PENDANT Menaugh an elaborate and
defendants caused to be made the false
charge against him that he had severely
beaten his daughter, an account of which
was published In the newspaper owned by
tains an extract from this article, as fol-
lows, in part: 1.-THE absence of leader
probably saved the brute from liberal
application of the rawhde For the good
OF Salem, for the honor OF the people of
Washington county, the time cannot come
too soon when the monster is driven out to
wander as an outcast among men and 10
reap the bitterness OF a foul harvest that
must be his due
WIFE IN POOR HEALTH
Jennings further states that his wife was
afflicted with nervous disease and that
through the agency of Emma Elliott, Mrs.
Ezra Davis. Lena Davis-Adams and others
the defendants sought to take advantage
OF her affiiction and cause her to leave him
and sue for divorce. He states. further.
that by trickery they induced her to go 10
the county Jail. and then, under the guild
ance and direction of the defendants. she
was taken TO point in Kentucky where
she concealed from the plaintiff and
his family for three weeks, and that while
In Kentucky some of the defendants CORE
spondcd with her under fictitious names
with the intent of further carrying out
their conspiracy He also charges that the
defendants maliciously filed charges which
caused his expulsion from the Masonic
lodge. He says also that influence was
brought 10 bear upon his children tending
TO turn them from him.
He states that I'm May. 1893, the defendant
Taylor. at the instance OF other defendants
sought many times TO engage I'm encounters