The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26
CHAsE's ATTORNEYS SPEAK.
Matter Of Jurisdiction of Indiana and
Ohio Courts Discussed.

CHASE'S ATTORNEYS SPEAK.
Matter Of Jurisdiction of Indiana and
Ohio Courts Discussed.
| Special to the Indianapolis Journal.
LAFAYETTE, Ind, April 25-By their
unexpected move to-day the Duhmes have
put an entirely new aspect on the Moses
Fowler Chase case, and the action of the
Ohio court in granting their request that
a guardian be appointed has added another
tangle to the case that makes it a maze Of
| complications and ramif1cations that is be-
| wildering. The appointment Of a guardian
by the Cincinnati judge makes a total of
four guardians appointed for young Chase.
The courts of Ohio and Indiana have al
| ready clashed, the appointment by the
Ohio tribunal Of a guardian of Chase's es-
tate overlaps the appointment by the Ben
ton Circuit Court of Frederick Chase as the
guardian of his sons estate.
While the Chase case is the sole topic Of
conversation everywhere about the city to-
day, the object of all the sensational court
actions is at st. Elizabeth Hospital gibber-
ing and talking to himself, guarded by four
husky men and not bit interested in what
is going on.
The Journal correspondent to-day asked
one of the attorneys of Frederick s. Chase
what there was in the claim of the Duhmes
as to the alleged judgment in Cincinnati
four years ago and the judgment of the
court here of Nov. q, 1899. declaring Moses
| Fowler Chase to be of sound mind, and
also asked what there was in their claims
| as to the court here not having jurisdiction
in the proceedings now pending on account
81 he
at Cincinnati. The attorney replied that he
| had noticed statements in the papers set
| ting out the claims noted, but that so far
! they had not been noticed, for the reason, in
the first place. that these claims of the
Duhmes gave the attorneys for Mr.. Chase
no concern, and, in the second place, they
have been averse to discussing legal ques-
tons in the newspapers.
/ ing these contentious the attorney said:
I'm the first place there is a Judgment Of
| the Probate Court of Genesee county, Mich
| igan, rendered on Sept. 20, 1898, in accord
| ance with the laws of Michigan and after
notice adjudging that the young man was
| of unsound mind and directing his COM
| initial to the Oak Grove sanatorum at
Flint that State. One of the judgments
| relied upon by the Duhmes is that rendered
at Cincinnati on June IL. 1899, assuming
1 to set aside and vacate the Judgment in
| Michigan. 1t is hardly necessary to say to
one, not even lawyer, that the judgment
| was void, court OF one State having no
power to set aside the Judgment of an
| other State. The next and only judgment
| relied upon by the Duhmes is that rendered
1 in the Tippecanoe Circuit Court on Nov
| q, 1899. That judgment is peculiarly worded
| and confines the adjudication of the sound
ness of mind Of the young man to the pre-
| else time when 1t was entered, occupying a
space of time OF perhaps not more than
| two minutes. But a judgment of this kind
| as often decided really amounts to nothing
| The presumption of law is that men are of
sound mind, and judgment of court like
this adds nothing to the presumption The
| Judgment of the court that a man of un-
sound mind is of sound mind counts for
nothing because eour. can no more
sanity than it can by its decree add a foot
| to his stature The judgment of a court
that man is of sound mind is what has
| legal effect. This places him under legal
| disability, rendering all of his subsequent
| contracts void until the disability is re-
moved by the same court that rendered
the judgment. There are three judgments
| declaring young Chase Of unsound mind
| The first is that in Michigan, the second
is that of March; 1903. by the Benton Cir
when Moses Fowler Chase was removed
| from the third-rate madhouse. The fact to
be inquired into by the Tippecanoe Circuit
:; court nf . Is whether or not the young man
ing his own estate. If not of sound mind
| and not capable of managing his own
|
appoint guardian. 1t may be remarked
that the judgment of the Tippecanoe Cir
! cult Court of Nov. p. 1899, did not adjudge
that he was capable of managing his own
| estate. No one has claimed that since the
| arriving at the age of twenty-three he has
beeen capable. The Duhmes show that
they have no confidence in him in this re-
spect, because since he arrived at age they
nave assumed entire control of all his
| property and administered upon it eff
fectuaily as though he were dead, except
Il hoxy bod ha
| sanction OF any court. The question Of his
| being an inhabtant of this county is not a
difficult one. He was born and reared here
and his father had always resided here.
| His realty is all in this State His fur
nished residence is in Lafayette. When he
became of age he was of unsound mind.
| His father is his natural guardian just as
much as when he was an infant in his
mothers arms. Mentally he is as helpless
now as he was then. His legal residence
has never been changed
1.-THE day he arrived at age and while he
| was of unsound mind. he was taken by the
| Duhmes without his fathers consent to
I, lost over him during his absence from June
| a. 1899, to the 18th day of the present
| month was against his will. During his sep
aration from his father the young man did
| not have mental capacity to change his
residence, and besides he was under the
| absolute control and influence of the
rendering him wholly incapable of perform
| ing any binding legal act. The affidavit on
| which the judgment was rendered in Gin
| cinnati pretending to change his name from
| Moses Fowler Chase to Moses Fowler con-
tains statements which were essential to
| give the court their Jurisdiction and which
| were false. but for which. of course the de-
| mented young man was not responsible.
| The blame for the false oath rests upon the
Duhmes or those acting for them in Gin
cinnau. The young man never had any
| real estate in Cincinnati. was never
| registered as a voter, and while dur
| ing the past four years he has had
| personal assets In the hands of the
Duhmes subject to taxation amounting to
| from $4,000 to 100000 each year. none of
| 1t had ever been taxed in Cincinnati and
| it has not been taxed in this city, from
| the fact that the father had no control over
it and could not list it for taxation The
Duhmes probably have evaded taxation in
Lafayette under the sham pretense that the
young man resided in Cincinnati. but they
have not made that pretense good by hay-
| ing the property assessed there. We say
| that the citizens of Lafayette are entitled
to the benefit of having this property placed
| on the tax duplicate for each year since
| and including the year 1900. and 1t will be
| so listed as soon as guardian shall be
/ appointed here"
The attorney continued that he was averse
| to having these statements published and
would not do so except for the false and