The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26
In ARMED NEUTRALITY
BOTH SIDES AWAIT DECISION OF
LOCAL FEDERAL COURT.
Suit at Lafayette Will Be Stayed
Until Then-New Turn
in the Case.

Legal giants In the Moses Fowler Chase
case fought a drawn battle before Judge
A. 3. Anderson in the United States Dis
trict Court in this city late yesterday after
noon. George Ho;dly, of Cincinnati, ap-
pointed guardian OF the young man by the
Hamilton Probate Court upon the applica-
tion of Mrs. Charles II. Duhme. of Gin
cinnati, young Chase's aunt. yesterday
morning. failed to secure a writ of habeas
corpus. but the array of legal talent rep
resentiDg Mrs. Duhme secured from the
counsel of Frederick 8. Chase, the young
mans father and guardian, the concession
that no further action would be taken in
the Tippecanoe Circuit Court until Judge
Anderson had answered the petition for
a writ. The whole matter is left in statu
quo until after the hearing on Hoadly's
petition before Judge Anderson in the Fed
eral Court OF this city next Thursday morn
ing at o'clock.
The petition made to Judge Anderson for
a writ to allow George Headly TO remove
Moses Fowler Chase from the custody of
Frederick 8. Chase was the second of the
quick, brilliant moves made by the Duhmes
yesterday In their remarkable struggle for
possession OF the unfortunate young
man and the guardianship OF his estate.
Realizing the probability that the boy
would be declared OF unsound mind by the
Tippecanoe Circuit Court tomorrow morn
ing unless Frederick s. Chase could be
thwarrsd by other legal machinery they
applied before Judge Nippert, of the HAM
ilton county Probate Court, yesterday
morning to have George Hoadly declared
guardian of the young man. The move was
a skillful one and caught the Cincinnati
counsel Of the boys father unprepared.
Judge Nippert held that young Chase is a
citizen of Ohio and appointed Hoadiy
guardian
HURRIED TO INDIANAPOLIS.
With ell the speed possible the Duhme
counsel hurried to this city yesterday
afternoon, Immediately after the decree of
Judge Nippert had been given, and as the
next step in the campaign petitioned Judge
Anderson for a writ of habeas corpus
Principally because Judge Anderson could
not see the necessity for such rapid pro-
cedure he refused to grant the writ yester-
day afternoon to allow the counsel on
each side to use up his time in oral argu-
ment on the question of the Jurisdiction
Of the United States District Court in the
case. Through his suggestion, a compro-
mise was effected after some lively tits
between eminent attorneys, by which Fred
erick s. Chase's counsel agreed not to
push the case in the Tippecanoe Circuit
Court at Lafayette until Judge Anderson
has ruled on the petition of Mr. Hoadly
for writ OF habeas corpus. The compro-
mise was not what either side desired, but
both were forced to accept ii as the only
possible alternative.
There seldom appears in this city so
brilliant an assemblage OF attorneys as
faced Judge Anderson in his private office
yesterday afternoon at o'clock to argue the
question as to whether the court had juris-
diction sufficient to issue a writ of habeas
corpus. For Mrs. Duhme, the aunt. ap-
peared former United States Attorney Gen
eral Judson Harmon of Cincinnati. ris part
ner, George Hoadly. jr-. appointed guardian
by Judge Nippert; William A. Ketcham and
Frederick z. Matson. OF Ketcham. Matson
& Ketcham. OF this city; Gaylord & Kumler.
OF Lafayette, and George Haywood, of
Lafayette. For Frederick s. Chase, the
father, appeared Addison c. Harris OF In
dianapolis, and Hammond & Simms. of
Lafayette.
The occasion was dramatic, although the
proceedings were conducted for the most
part with the cold, precise methods of
skilled lawyers. For Mr. Hoadly. William
A. Ketcham presented the petition for a
writ of habeas corpus. charging therein
that Frederick s. Chase had obtained the
pelson of Moses Fowier-formerly known
as Moses Fowler Chase-in Paris by force;
that Mr.. Chase had conveyed the young
man by force across the Atlantic to the
outer harbor OF New York city: that by
force the young man was then taken to
Chicago and thence to Lafayette: that he
Is held In St Eiizabeth's Hospital at La
fayette by force: that Moses Fowler. while
affected In mind. was made more so by
the violent treatment given him by his
father. and that Frederick s. Chase had
acted contrary to judicial DEGREES pro-
nounced In the past and which still stand
A writ or habeas corpus was demanded
on the ground that Moses Fowler is a cit,
gen OF Ohio and consequently out Of the
. jurisdiction OF the Tippecanoe Circuit Court
The Jurisdiction of Judge Anderson was
afirmed emphaticaliy by Mr.. Ketcham Mr..
Harmon Mr. Haywood and the other
Duhme counsel.
FURTHER DISCUSSION STOPPED
The petition not answered by Addi-
con C. Harris for the that Judge
Anderson rather tartly stopped further dis
cussion.
xsr an hour Ketcham. reinforced By