The Indianapolis journal., 1903-05-02
Every Point Bitterly Contested and
Important Matters other than Ju-
risdictiOn to BE Decided.
YOUTHS POWER OF ATTORNEY
1T is PRESENTED TN COURT BY THE
CINCINNATI ATTORNEYS.
Said to Name Them as His Attorneys
I'm Culture LitfgatiOn'-Other
Features of the Struggle.
:pecial to the Indianapolis Journal.

LAFAYETTE, Ind, May 1.-The opening
round in the local fight for possession of
Moses Fowler Chase was begun in the Tip
pecanoe county Circuit Court before Judge
De Hart to-day, and before anything had
been accomplished the court adjourned till
Tomorrow morning at to hear argument
on the right of attorneys to appear for
Moses Fowler Chase If either side gained
the Chase side. Though no point was de-
cided, and every one was contested with a
bitterness that shows the case is in the last
throes Of existence. many times little bits
of evidence was given to show that Chase
has the legal rights with him.
The most sensational evidence ad6uced
during the day to show why the brilliant
array Of attorneys that had been gathered
on the Duhme side of the case had a right
to appear was bunch of affidavits sup
porting their contention. The affidavits
contained alleged power from Moses Fow-
Ter Chase to have the attorneys act in his
behalf in any future litigation. The at
torneys cited letters alleged to have been
written by young Chase, and they alleged
that there was evidence enough that they
authority to act as counsel for Moses Fow-
Ter Chase. Counsel for Fred Chase asserted
that the prosecuting attorney, according
to the statute. is the only man allowed by
law to appear for the respondent Whether
their contention will be sustained remains
to be seen.
The deciding of the question will have
great bearing on the ultimate result of
the case. In order to decide that no other
attorneys have the right to appear in the
case Judge De Hart must decide that
Moses Fowler Chase is a native Of this
county, which will blast the contention of
the Duhme attorneys that the habitation
Of the boy is in Ohio. AS far as the de-
velopments of the opening trial are con-
cerned there is nothing to encourage the
belief that the case will be soon decided.
1t may last for a week.
The courtroom was packed at the morn
ing session. Another case held the right
of way and 1t was not disposed of until
1890. There was a furry in the crowd at
and it was thought by some that Moses
Fowler Chase would be brought into court
While this was going on in the courtroom,
Moses Fowler Chase was driving about the
his side; He takes morning drive every
day ard to-day was no exception.
Judge Hammond opened for the Chase
side, asking that the record of the case
show that there had been process served
on Moses Fowler Chase. The Duhme at
torneys objected, filing plea In abate-
ment and a motion to vacate the serving of
summons, which they claim was done by
the sheriff while Moses Fowler Chase was
restrained by his father and attorneys.
Before Judge De Hart could say any,
thing to the att9rneys tor u,,d in regard to the
had secured a hearing, asking leave to
read petition objecting to the appearance
of more than one attorney for Moses Fow-
Ter Chase. and designating this one as the
prosecuting attorney of the court, who was
to appear for Moses Fowler Chase as
States attorney.
The filing of the motion to dispose of the
long list of attorneys was like bomb and
created a wave of comment In the court
room. The Duhme attorneys asked for time
till in the afternoon to make their argu-
ment against the motion Of Judge Ham,
mond.
Fred s. Chase was visibly nervous
throughout the proceedings. He walked
about the courtroom, frequently eonferring
rassed at the crowd. He Is very sensi-
tive man, and has never wanted notortety.
He was very pale when he entered the
An amusing incident Of the short pro-
ceedings was the spilling Of glass OF
water by Judge De Hart he was MAX
ing an entry in the books. One of the
Chase attorneys suggested that this was
the first time cold water had been thrown
on their side of the case, the glass falling
near Judge Hammond's foot. The remark
created merriment on both sides, among
the attorneys; and for the first time an
evidence Of any feeling but bitter enmity
crept into the group inside the railing.
Mr. Kumler opened for the Duhme side,
and he had hardly spoken when he was
ruled out Later he gained the floor. after
several attempts to be heard, and 1t was
then he filed his motion to abate the action
and have the record show that no process
had been issued. The hearing was ad-
iourned TILL to-morroM morning.