The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-12
Boy Declared Of Unsound Mind, Resi-
dence Fixed In Tippecanoe County,
Father Appointed Guardian.
TO BE BROUGHT TO THIS CITY
YOUNG CHASE TO BE INJURED IN
A SANATORIUM.
Quick Work by the Benton County
Next Step In the Case.

LAFAYETTE, Ind, June u.-Frederick s.
Chase was late to-day given the custody OF
his son. Judge Rabb. at Fowler, appoint
ing the father guardian Of his son. Mr..
Chase gave bond in the sum Of 100000
which was secured by company in Indian
apolis. 1t was decided TO take Moses
Fowler Chase TO an Indianapolis sanato-
rum, and the removal may be ma de imme-
diately. After the decision of the jury fix
INK the residence of young Chase. the coun-
sci for Fred S. Chase filed application for
guardianship. and without question the
court granted the request. After Mr.. Chase
had fixed up the bond the court advised
taking the boy to a sanatorium. Only this
morning young Chase had violent encoun-
ter with lis guard. John Haas. Haas was
obliged to hold his hands to prevent vio-
lence. The next chapter in the Chase case
will be the settlement with the Duhmes.
who have been ordered by the Federal Court
at Indianapolis to make an accounting of
the property of young Chase in their hands.
All the attorneys in the case. with the ex-
ception Of Judge Hammond and Fred Chase.
left Fowler tonight. The boys father will
stay with him until he is placed in a sana-
forum.
After one Of the most scathing arraign-
ments ever delivered to a Benton county
jury. In which the character Of Mrs Ophe-
liza Duhme was painted in blacklist colors
and the action of Austin L. Kumler to-
ward Frederick S. Chase rebuked in the
most caustic terms, the jury in the Chase
case heard the instructions Of Judge Rabb
at 80 o'clock this morning and fifteen
minutes later returned a verdict in favor
of the petitioner, Frederick S. Chase. father
of Moses Fowler Chase. Daniel w. Simms.
who with Judge Hammond has been chief
counsel for Frederick Chase. delivered the
argument.
In quarter of an hour before the big
crowd had realized that deliberations were
begun, the jury returned with the verdict,
I'VE the Jury decided in favor Of the pc
toner that the boy is of unsound mind
and a resident of Tippecanoe county. In
DIANA"
There was no demonstration. but tears
came into the eyes OF the unfortunate faith
er as he realized the triumph he had won.
Without the least hesitation. acting as
though their minds were made up when
they, heard the Chase testimony, the jury
decided that the Cincinnati court was in
error in assuming jurisdiction and that
there was no question as to the residence
of the boy and the condition Of his. mind:
One point raised by Judge Hammond and
cited in these dispatches yesterday was
practically the Knockout blow for the en-
tire case, and the court in his instructions
decided that the contention or the petition
er's counsel was right.
In reading the verdict at noon Judge
Rabb said he had listened closely to the
convinced that the boy was of unsound
mind at the time and ever since he be-
came of age. He added: The Tippecanoe
County Court has seen Mt to appoint a
added a few local attorneys on the side of
the respondent. now discharge these
IRON tbe caur The eass has
been tried and would not grant a motion
| for a new trial unless that motion is filed
by the prosecuting attorney: II he does not
other.
The prosecuting attorney stated that he
believed substantial justice had been done
and that he did not see any reason Tor
new trial The Duhme counsel made an
appeal this afternoon but the court refused
the prayer Of the petition.
Dwindling further and further into the
recesses Of a framework of fiimsiness the
Duhme side of the case fell before the
| last evidence and argument. So complete
| ly was every point covered and so thor
oughiy was every contention proved that
there was not an iota OF evidence on which
| to base an argument and when Mr.. Simms
sci waived argument and consented to the
| case being sent to the jury. This was
practically a confession Of lack Of basis
| for their contention and the jury had but
one road to travel after the instructions
simms paid especial attention to Mr., Kun
| ler's connection with the case and grew
very bitter Mr. simms devoted no little
| time to an arraignment Of the Duhmes-
| He alluded to their actions in attempting
to keep Moses Fowler Chase. Doctors were
included in the hot fire of accusing words.
| Had 1 been in the place OF Fred Chase
| said the attorney. when he met his son
and an attendant in the Boston Theater
would have killed the man who was with
my SON"
tWenty.f iS and thirty Of them. and nearly
! all supported the theories of the Chase
| side The final reason was that raised by
Judge Hammond In reference to the dispo-
sition of demented person when found
abandoned in a foreign country; The salient
features of the instructions follow:
Gentlemen Of the jury, the questions
termination are: First is the respondent,
| Moses Fowler Chase, now, and was he
when the petition was filed. a person OF
his estate? Second. was he when the petit
| ton was filed an inhabitant OF Tippecanoe
| county. Indiana?
Chase was born in the city of Lafayette.
| Ind. and that said city continued TO be the
residence of his father up to the time said
Moses reached the age of twenty-one years.
| sucn city would at that time be the legal
| residence of the said Moses Fowler Chase
| ard such place would continue to be his
| leSdl reSlQenCt uIlltSs &c Oh HIS own NOlltlOD
| has since then changed his residence from
| said county.
| THE purpose and intent to change the
| domicile of Moses Fowler Chase must have
| been the purpose and intent of his mind
| and not the purpose and intent OF some
| other mind expressed through him. He must
have had full liberty of thought and action
| in reference to the subject
1 IF you find from the evidence that Moses
| Fowler Chase was born In Lafayette. Tin
| pecanoe county, Indiana. and that his IA
] theirs legal residence then was, and at al
| times since has remained there. that when
| he the said Moses. arrived at the age OF
| twenty-one years he was OF weak mind and
| will: that his mind became infiamed and
| preiudiced against his father at that time
| by false representation made to him regard
| ing the treatment he had received from his
| father, and that he was kept from the pres.
| ence of his father and not permitted to hold
| any intercourse with him by those with
| whom he lived. and who had a controla bic
| influence over his mind: IL you find from
| the evidence that he did make his home
| persons exerted a controlling influence over
his mind. and that while so living with such
| persons and while such controlling infiu-
| ence was being exerted over him. he became
hopelessly insane. and was by such persons
left in France among strangers without am
legal guardian TO take care OF him and pro-
| vide for his wants. and that he had no legal
| guardian anywhere. and that he had never
| married. had no relatives or kindred ir
| France instruct you that his father. upor
| finding him in such foreign country under
| such circumstances, had the right as the
natural guardian OF the son TO take charge
| and custody Of him. and to bring him e
| ana, for care and treatment. and II this
was done nv the father In good faith opa