The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-09
The Appointment Of A. ID. Anderson as
His Successor VIII Not At
feet the Matter.
MOTION MADE BY w. v. ROCKER
WANTS ALL OF COMPLAINT EXCEPT
ONE PARAGRAPH CUT OUT.
jennings on the stand Most of the Da >
May Go to the Jury To-
Morrow Night.

1HtIt ID IlO udUStE VI JtAiilih6S eA'SNA
now in progress in Federal Court being
affected by the appointment of A. b. An
derson as my successor on the district Fed
era1 Court bench" said Judge John III.
Baker yesterday afternoon at the conclu-
sion of the afternoon session Of court. Mr.
Andersons appointment was confirmed to-
day. but it may be two or three days before
the commission is issued. and the Jennings
case will go to the jury by Wednesday
evening"
c. c. HadIey, chief attorney for the de-
Tense. received a telegram from Washing
ton yesterday stating that there would be
plenty of time to conclude the Jennings
case IN Indianapolis before Judge Ander-
sons appointment is confirmed and the
commission issued. Mr.. Anderson was In
the courtroom yesterday morning and sat
with Judge Baker for about an hour be-
fore court adjourned. His presence caused
some of the court officials to believe the
confirmation of his appointment might be
made at once. but Mr.. Anderson had at
that hour received no official word regard
ing the appointment.
TRIMMING THE COMPLAINT.
w. v. Rocker made a motion in writing
to Judge Baker yesterday that will greatly
hasten the conclusion of the Jennings case.
Judge Baker stated last week that he would
require the plaintiff at the conclusion of
his side of the case to designate ON what
paragraph he would stand. Many charges
were included in the complaint and At
torney Hadley moved to have part of them
stricken out, but the court held that he
would not rule on the motion until the
completion of the plaintiffs testimony At
torney Rockers motion was to strike out
all the paragraphs OF the complaint except
the twentieth. which Is the one alleging
court will rule on that motion to-day, and
there Is little doubt that he will sustain II.
There were in all thirty-eight paragraphs
different charges. The twenty-eight de-
PENDANTS in the suit are named in the twen-
ueth paragraph, but Ii Is thought the court
will release the defendants who were
shown by the evidence not to have been in
the crowd that is alleged to have assaulted
Jennings on that night.
According to Jennings's testimony the
men who assaulted MIN on the night in
question were v. T. Reed. Asa Elliott. Eli
Menaugh, G. G.. Menaugh, Charles Schlagle,
Henry Schlagle, Tom Smith, Charles jack
son and y. 7. Pace. According to the evil
dence OF the defendants the only men who
were In the party that night were V. T.
Reed, Asa Elliott. Eli Menaugh, Charles
Schlagle, Charles Jackson and b. T. Pace
and IL is possible that those six may be
the jury to decide if the court does not
name who should be the defendants. At
tOrney Ha0ley may move to strike out all
the paragraphs and release all the defend
ants, but even If this is not sustained ii
will not require the defense long to try it's
were called to the stand by the plaintiff
The case will no doubt go to the jury to-
morrow evening
CRITICISED BY THE JUDGE
During the morning session yesterday
Judge Baker took occasion to criticise the
manner in which the case has been tried
Attorney Hadley objected to what he
termed an effort of Attorney Rocker to
impeach v. T. Reed, one of the defendants
who had been put the stand as a wit
ness for the plaintiff. The court sustained
the objection and said
The trouble with this is that it has
not been tried in accordance with the rules,
and perhaps ought to have stopped it at
the outset. The plaintiffs case, if he hes
one, so far as the incidents of the 30th of
January are concerned, consisted i'm what
was done and said on that occasion. That
made the plaintiffs whole case. So far as;
ISLANDERS or libels are charged, the whole
PROOF necessary TO make out the PLAINTIFF 8
case. II he had one. was simply to prove
who were the editors and proprietors of the
newspaper and TO read the articles in evil
dence. That would have made the plain
tiffs case on those charges
Now, instead OF doing that the plain-
tin has proved the defendants defense, in
troduced the defendants, witness after wit
ness ne to prove the justification as claimed
that the pain and the antidote have gone
right along together. Now last Saturday
eamnSIet WANTED amt to put In paper and
PENDANTS case, and not part OF the plain
tlns at all; and the trouble largely in this
not been tried as il ought to have been
u1ed, by the plaintiff combining himself to
TIE proving OF his own case and then leav-
Ing the defendants their excuse or apology
w fhoxy
Jennings was on the stand all of yester-
DAY. his direct examination was concluded
ABOUT 10 o'clock. He said he left Salem
about two months after the night of Jan.
so. when he alleged he assaulted. He
salo ne was In constant fear OF the defend
ans untid ne departed. He said he had
come amounted to about $3.50 When he
left Salem he thought he had $3.50 in ac-
had remained there. " nv
CRoSS-EXAMINATION
The cross-examination opened shortly
after 10 o'clock. Attorney Hadley for The
defense submitted to Jennings comics of
the file OF the Salem Democrat, containing
articles written by jennings. which are
said to have been the cause of the feeling
against him among the leading citizens of
the community. The articles were such as
to invite libel suits.
Jennings admitted that he had been ar
rested charged with whipping his daughter.
but denied that he had beaten her. He
was convicted of the charge, but he said
the child testified that he had not whipped
her. He admitted she had bruises and a
black eye, but said they were not the re-
suit of any whipping he gave her He en-
phatically denied that he and his wife
quarreIed prior 10 May II, 1899, or that he
used abusive language toward her. He
recited the incident that day when his
wife fell over rug near the door, and he
was asked II he did not beat her. causing
her to scream. He denied il.
II viii ask you n you did not fire a
gun ana moan and say you had killed her?''
asked Attorney Hadley.
mo, sir. L did not"
He said Mcdlock and Hudson called al
the house and he talked with them through
window Jennings denied that Medlock
told him he was there to investigate the
stories that Jennings was cruel 10 his
family. but admitted that he told Medock
TO look after his own household. He said
his wife did not make any noise around
the hOcse that would attract special at
tenti0n unless spies were watching. He
claimed that II he struck his wife on May
II while pulling her away from the window
IL was accidental. He said that when she
ran out the door screaming murder her
hair was down and ner nose was bleeding.
il does very often. In explaining the
scene at the gate he said he tried TO get
his sick wife into the house and keep mis-
family affairs away from his enemies His
wife then went to jail and Jennings said
y. Aa.N