The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-11
Jennings Case Resumed After a Brief
Adjournment to Receive Word
from Washington.
ONLY ONE PARAGRAPH LEFT
ATTEMPT NOW TO PROVE AN AS
SAULT ON THE PLAINTIFF.
In the Afternoon the Defendants Be-
gan Their Case-An Early End
Predicted.


damages against certain citizens of Salem.
Ind, for alleged conspiracy was resumed
In the Federal Court yesterday morning.
with Judge John H. Baker occupying the
bench. When Judge Baker announced that
he would proceed with the case in view of
the fact that word had been received that
President Roosevelt had not signed the
commission of Albert Barnes Anderson as
his successor Attorney Rocker, represent
ing the plaintiff, filed written protest
against Judge Baker continuing on the
bench.
The protest said: Hon. John H. Baker,
heretofore presiding as judge at the trial Of
David A Jennings, Is and since Dec. g.
1902, has been without judicial power. That
on May l, 1902, Judge Baker rendered his
resignation which should be accepted when
his successor was appointed" The protest
claimed that the President accepted the
resignation of Judge Baker to take effect
upon the appointment of a successor. 1t
further claimed that Dec. 5, 1902, the
President nominated Albert Barnes Ander-
son to be judge of the district of Indiana
that the nomination was confirmed on Dec.
s, and that the President appointed Mr..
Anderson and signed the commission on
that date. Attorney Rocker further set
out that Mr.. Anderson now is and since
Dec. has been judge and ex officio quail
flied TO perform the duties of judge at the
trial. The plaintiff objects and protests
against the further continuing of the pre-
tended trial of this cause before John H.
Baker, and plaintiff insists and of his right
demands that further hearing or this cause
be postponed until the said Hon. Albert
Barnes Anderson shall have assumed his
place upon the bench"
Judge Baker Immediately overruled the
motion and protest to which Attorney
Rocker filed bill of exceptions signed by
Judge Baker. The case was then resumed.
PARAGRAPHS STRICKEN OUT.
When the plaintiff concluded his case at
noon Judge Baker sustained the motion
made by Attorney Rocker that all para
graphs of the complaint. excepting the
twentieth, should be stricken out. The
paragraph left standing is the one alleging
assault upon Jennings on the night of Jan.
go 1900. Judge Baker then released all the
defendants In the action, excepting twelve,
who are alleged to have been implicated
In the assault, but told the jury that 1t
should decide whether or not the defend
ants were guilty of the assault. Those who
still remain as defendants In the case are
Eli w. Menaugh. Calvin c: Menaugh. Vol
ney T. Reed, Asa Elliott, Thomas n. Smith,
Charles Schlagel, Henry Schlagel, jr.,
Charles H. jackson. Bevity T. Pace. Jere
miah Jamison, John ID. Avis and Edward
Kemp. The defense hopes to prove that
part of the twelve named were not in the
crowd the night in question.
Jennings was on the stand all morning
and was subjected TO a severe cross-exam-
ination. He was asked If he had not been
expelled from the Masons because of his
conduct but the objection of his attorney
report that he was so drunk when his first
wife died that he had TO be taken from
the house and walked about was an in
Attorney Hadley read the copy of the
Searchlight, the pamphlet for which Jen-
nings was waylaid, in which the character
OF many Salem citizens was assailed.
DEFENDANTS HEARD.
The defendants began their side of the
case at the afternoon session. The first
witness called was John d. Avis, who was
alleged to be the person who assaulted
Jennings. He denied that he was a MEM
Der of the crowd. Mrs. John D. Avis,
wife of the first witness. corroborated her
husbands testimony. She also stated that
Jenningss reputation while living in Sa-
lem, for truth and veracity and moral
character, was bad. Several other cfarac-
ter witnesses were introduced during the
afternoon to prove that Jennings did not
Salem. Warder d. Stevens said he heard
many men of Salem say that Jennings
would come to the end of the rope some
time. He said that Jennings was in a
party that went TO the Atlanta exposition
shortly after the complainant's first wife
died, and that several of the party refused
to associate with Jennings because ne had
a woman, now his present wife, with him
Others who testified to Jenningss char
acter were Fred M. Hostetter, John r.
Radcliff, w. d. Snyder. Mrs. Rachel Perk-
hiser, Edith Davis, Henry w Medlock
Fred NJ. Berkeley, John T. Shank and
Charles Schlagel.
Edith Davis testified that she was EN-.
ployed bookkeeper for Kemp Brothers
during January of 1902. and said that Ed.
ward Kemp, who is still named as one OF
the defendants, was in Louisville the night
the alleged assault occurred. Charles
Schlagel testified that Edward Kemp, Johr
| D. Avis and Henry Schlagel were not in
| the party that took the pamphlets away
| from jennings. The witness said that the
| day after the alleged assault he saw
Jennings on the streets of Salem with 9
basket full of pamphlets and a revolver
| in his pocket.
1t is believed that the evidence and ar
gument will be concluded to-day so thai
the case can go TO the jury tonight.