The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26
DUHMES' SKlLLFUL MOVE

CONCLUDED FROM FIRST PAGE)
what our exact duty in the matter is" he
said at length. We are under order OF
Moses Fowler Chase in court Monday
morning There are a number of legal mat
tiers to be adjusted then. 1 am not averse
to a short postponement."
But will you agree not TO ask Tor an
order from Judge De Hart Monday morn
ing?' asked Attorney Gaylord.
I'VE shall be in court at that time with
the body Of the young man., replied MI.
Harris. Il shall be in Lafayette.
you tie our hands here broke In MI Mr..
was evidently very distasteful to him. His
hammering at Judge Anderson had been
Intellectual, his points had been turned aside
one after another. frequently with a sar-
emily In the mood to brook no delay.
His slap at Mr.. Harris was Immediately
smoothed over by Judge Harmon Suavely
and quietly he addressed himself both to
the court and to the leading counsel for
Frederick s. Chase.
'Oh, 1 am sure we do not ascribe any
| such motives to the opposing COUNSEL, he
said. "All that we ask is an agreement to
| let these matters remain in statu quo"
when can your honor hear this matter?"
asked Mr.. Harris.
COMPROMISE AGREED UPON.
Judge Anderson consulted his note book
could appoint no time earlier than Thurs
| day morning. Mr.. Harris looked inter-
negatively at Attorney Simms. of La
| fayette, received nod from him and imme-
diately agreed to the compromise sug-
| gested
Now" said Judge Anderson, let us
| have a clear understanding of this matter.
| AS take it you gentlemen'-he addressed
| himself to Mr.. Harris and Mr.. Simms-
will not proceed in the insanity petition
| in the Tippecanoe Circuit Court at La
court has decided this petition for writ
of habeas corpus next Thursday morning.
| You gentlemen"-he spoke to Judge Har-
| mon and his associate counsel-"will also
agree to take no further action of any
kind?'
1--WE are agreed" responded both sides
in concert. With that the hearing termi-
mated.
The argument as to the Jurisdiction of the
United States District Court was intense
interesting rest The counsel for Mrs;
| for argument, as had Mr.. Harris. but the
latter was given no opportunity to present
| his points. Judge Anderson in the brief
time allowed him had searched for prece-
| dents and had found what appeared to him
an absolutely parallel case. Formidab BILE
| law books lay on the judges desk. on
| chairs, on attorneys knees and wherever
| there was space for a book to lay.
| William A. Ketcham made the principal
4 argument for the complainant. Now and
| then Judge Harmon would quietly inter-
pose a remark or Mr. Gaylord would make
| a suggestion, but Retcham stood imme-
/ diately in front Of Judge Anderson, his
| face reddening as he found his progress
| blocked by counter points raised by the
| Judge. Addison c. Harris sat quietly in a
| corner calmly consulting a law book now
| and then, but saying nothing. Judge An
derson leaned back in his chair obviously
| awake to the swift passage of time.
This young man." said Ketcham, ''is
of his liberty by his father in violence of
| the fourteenth amendment of the federal
| Constitution, which plainly sets out, as
deprived of liberty without due process oa of of
| law. He is not citizen of Tippecanoe
| county, Indiana, being simply taken there
| by the respondent, Frederick S. Chase, for
| no other purpose than to establish a pseudo
| residence for the purpose of obtaining a
decree of insanity. There can be no ques-
| ton of the jurisdiction of the United States
| Court for this district
JUDGE INTERPOsES.
st find here" said Judge Anderson, con-
sulting federal report, 1.-The syllabus of a
| case in the Nebraska court taken there
| from Ohio. The ruling of the judge in that
case was that the Federal Court had no
| jurisdiction; that it was entirely a mat
ter for the State Court in Ohio. 1t is clear
| ly held therein that the District Court had
no jurisdiction. for the person for whose
body writ was asked was not confined
| by federal authority and had violated no
| federal law. The case seems to meet this
one exactly"
Mr.. Ketcham then set out to show that
| the Nebraska decision affected the juris-
/ diction of United States District Courts
| alone, and had no bearing in cases where
/ the jurisdiction of United States Circuit
Courts are involved. a distinction exists,
| Mr.. Ketcham argued, and he was rein
| forced in the argument by Judge Harmon,
| which the Federal Courts have recognized
/ In habeas corpus cases. While the Dis
/ trict Court might have no power to issue a
writ, il is clearly in the power of the Cir
| cult Court to do so, the Duhme attorneys
/ commended.
Judge Anderson said that he did not de-
sire his answers to be taken as evidence
/ that he had formed an opinion in the con-
| troversy in question. He was making sug-
geStlonS for the purpose of throwing light
| on the matter. So far as he could see. he
| said, the Chase case did not lie in the juris-
| dlcuon OF his court, the Chase case seemed
matter for the Tippecanoe Circuit Court
| TO decide.
| Indiana, put in Ketcham, The is a resi-
dent OF Ohio. violently restrained against
| his own will of liberty due citizen. Sure
| ly your honor has every right to correct
| this wrong"
But the matter of residence will be set
tied Monday morning" said Judge Ander-
| son, Why not wait until them"
The Duhme counsel objected in chorus.
| About that time Judge Anderson took a
| look at the clock and found that he could
| spend no further time in hearing argu-
ment He made the suggestion concern
| ing postponement, and the compromise was
arranged.
Petition I'm Full.
The petition for a writ of habeas corpus