Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1901-07-01
The BOND Case.
MOTION FOR COUNSEL
FILED.
n Is OverruIed and a New
Motion Required From
Mr.. WhiteSeIl.

Before the Judge this morning
Samuel C. Whitesell filed motion as
follows:
Comes now Samuel C. Whitesell
and moves the court and asks that
the court appoint some reputable
member Of this bar to assist in the
prosecution Of this proceeding and
for cause of said motion says that he
has no pecuniary interest in the re-
suit Of said proceedings. That he
has filed the specifications and mo-
tiOn in his own name and so insti-
tuted proceedings herein because he
at the time believed and still believes
that there was a public necessity for
SO doing.
First. Because he believes the
matters and things set forth in the
specifications are true in substance
and in fact.
I'd, That because OF the alleged un-
professional conduct and violations
of the duties Of his Office by the pr. s.
ecut0r there is wide spread scandal
by reason Of which the Wayne county
court Is being brought into disrepute
and contempt Of the people.
I'd That within a.few days before
the filing OF the charges and specifi-
cations Thomas J. Study said in the
presence Of the plaintiff and other
members OF the bar in public place.
made for the purpose Of casting
olium upon this court, that lit is no
use to bring impeachment proceed
ings against Bond while Judge Fox is
on the bench; thereby intending to
bring this court into contempt OF
the people. That previously on or
about May 10, 1901, the said Thomas
Study, to G. B. Lockhart, deputy at
t0rney general Of the state Of In
diana, said and stated that William
A. Bond was guilty of crooked
ness and malfeasance in office
and that he ought to be dis
barred and impeached but that it
was no use to try to impeach said
bond while Judge Fox was ON the
bench. = That said Study made said
statement with the design Of bring
lug this court into disrepute. That
the said Study after specifications
were filed and this proceeding begun
Notwithstanding that the said Study
had many times publicly charged that
the said Bond was guilty OF violating
his duty as prosecuting artorney and
ought TO be impeached is now ap
pearing as the paid attorney for the
said Ond. -.
4tE. Plaintiff says he is charged
by MIR. Bond and Mr.. Study with be
ing actuated by improver motives.
He believes that If Bond is guilty he
should he disbarred and impeached; IL
innocent that fact should be estab
lished; and that from the necessity of
this he believes she expense of this
prosecution should be- borne at least
In part by the public and not by an
individual.
The Judge ordered the motion
stricken from the record because it
was not sufficiently specific: saying
that all superfiuous matter should br
removed. lie was trying the case OF
Whitesell VS.. Bond and not Mr.
Study, himself, or the others men
toned. They would engender feel
ing and he wished them kept out of
the court. He required q new mo
tion should he filed and that it should
be coniined To just what is wanted.
Mr. Whitesell will file the new mo-
tiOn tomorrow morning.
IL begins to be apparent that the
case will not be tried before the Sep
tember term of court.
Thomas j. Study this afternoon
filed demurrer To the specifications
filed by S. c. White,ell The de
murrer is general and amounts to q
q mpiete denial of all the charges
against Mr.. Bond.