The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-01
|DUHMES SUFFER REPULSE
Writ Of Habeas Corpus Denied by Judge Anderson
of the Federal Court.

cinnati to gain possession of her nephew,
Moses Fowler Chase, the demented young
millionaire of Lafayette, made OF no
avail by the refusal of Judge A. b. Ander-
son, late yesterday afternoon. TO issue
writ of habeas corpus to George Hoadly.
jr., of Cincinnati. appointed guardian upon
Mrs. Duhme's application by Judge Nip
pert, of the Hamilton county Probate
Court.
The Duhme counsel were routed horse.
foot and dragons by the attorneys for
Frederick s. Chase, the boys father, and
the important questions to the Gus
| tody of young Chase will now be settled by
| the Circuit Court of Tippecanoe county at
| Lafayette, in which argument will be heard
| this morning to determine whether Moses
| Fowler Chase is resident of Ohio or In
| diana and whether he is sane or mentally
| delinquent.
After listening all day to the intensely in
teresting arguments made by distinguished
| counsel, Judge Anderson, at 4:30 o'clock.
| declared that the matter was foreign TO the
| United States District Court of Indiana,
| and refused to grant the petition of Mrs.
| Duhme's attorneys. The questions at issue.
| Judge Anderson said, should be left to the
| action of the Tippecanoe Circuit Court,
| which, according to his construction of law
| and to precedents which seem to have bear
| ing, has full jurisdiction.
BLOW TO THEIR HOPES.
The setback received yesterday afternoon
| by the Duhme interests at the hands of the
| Federal Court was crushing blow to their
| hopes They made no effort to conceal their
chagrin and their disappointment Before
| Judge Anderson announced his decision the
| handwriting on the wall stood out clearly
and the Duhme counsel did not better their
| position any by the peppery replies they
| made to the judge.
1t is very difficult proceeding to stam-
pede a federal judge. and that is what the
| Duhme counsel tried to do. Frederick s.
Chase's attorneys say. They point out the
Witness of the olly-unexpected action in
the Ohio court last Saturday and then,
| that the Duhme counsel, flushed with VIC
| tory, appeared before Judge Anderson as
| fast as an express train could bring them
to Indianapolis, determined to carry the
Federal Court by storm. Judge Anderson
refused to be stampeded. however. and
after calmly informing the Duhme repre-
| sentatives that there seemed to be no need
mere matter Of money seemed to be in
| volved, declared he had an important en-
| gagement and postponed the further hear
ing Of the case until yesterday morning
| at 8 o'clock. The repulse given the Duhme
forces Saturday checked their victorious
| march. The decision yesterday afternoon
| turns the repulse into something closely re-
sembling rout.
The next step the legal advisers of the
aunt will take is to- appeal to the United
States Supreme Court to have Judge An
derson reversed. That appeal will be taken
at once by William A. Ketcham, of this
city, who took a leading part In the attempt
| to secure writ from the Federal Court.
| Mr. Ketcham will go to Washington while
the rest of the Duhme counsel will pro-
erick s Chase on II his H own ground. The
| appeal to the Supreme Court will be made
on practically the same grounds that the
petition for writ of habeas corpus was
made in the United States Court in this
city. 1t will be urged that Moses Fowler
| Chase-or Moses Fowler-as the Duhmes
| insist on calling him-is not citizen of
Indiana and that the Tippecanoe Circuit
| Court has no jurisdiction.
| BATTLE OF THE TITANS.
The termination of the argument yester-
day afternoon was electrifying. Former
United States Attorney General Judson
Harmon, of Cincinnati attempted to tell
Judge Albert Barnes Anderson where his
duty lay, and in clear. cean-cut words.
every one of which was little arrow
| stepped III vitriol Judge Anderson an
| swered that he needed to explain
his duty to him and that the records of
the Federal Court for the past four months
| would make interesting reading Tor those
persons who think he has hesitated TO in
| woke the power of the Federal Court TO sup
port his dignity. Judge Harmons attitude,
while it might have been quite unassumed.
was trifle patronizing, and the one thing
more difficult than stampeding federal
judge is to patronize him successfully.
Judge Harmon did not emerge from the con-
test with his plumes flying. little light
ming had nipped of a few feathers and
burned a few holes Even the lawyers,
used as they were to exciting encounters.
4 H<ld fhnf,- hr II drrr ING hnf nf fha
titans.
In his closing argument, with the pros
pect OF defeat clearly apparent to one
familiar with the trend of events, Judge
Harmon ventured daringly.
You now upon the threshold of your
judicial career, Judge Anderson, he said
LET me suggest to you that you ought not
hesitate-ought not be afraid-to invoke the
full power invested in you under the Con-
not to hesitate to invoke the power TO up
hold the liberties of the people, that you
ought to be quick to do so, even more SO
now when, as | say, you are on the
threshold of your judicial career l think
1t is your duty to at once order this young
man set free. 1t must be apparent to you
that he has been unjustly deprived of the
liberty dear to every citizen. and held in
durance against his own will, I'm violence of
law and justice. Again"-and he paused
| significantly-"I say you ought not to hesi-
tate" The emphasis laid on the word
hesitate" was an unwritten poem In satire
| While Judge Harmon was speaking Judge
Anderson leaned back In his chair looking
the former attorneygeneral straight i'm the
eye. The face of the federal judge flushed
slightly the voice of the distinguished
| Cincinnati lawyer went on suavely and mu-
| sically pointing out what should be done
Now and then Judge Anderson's eye flashed
ominously as the lishtnings gathered De.
spite himself, perhaps Judge Harmon was
| talking MISUNDERSTANDING down instead
| of up.
MADE THEM WRITHE.
When Judge Anderson replied his even
tone beled the inward wrath Not vio-
lent word used, but cuttingly, unerr-
ingly he welded his rapier OF sarcasm. and
there was no button on IL. His thrusts
went home. and Judge Harmon. Ketcham
and others of the Duhme forces WINGED
and writhed-
1T may be- said Judge Anderson with
out raising his voice in the slightest de-
gree that some of the learned counsel
here"-and he glanced across the room IN
where Judge Harmon was sitting-"haye
, | not had the opportunity in the midst of
| their multitudinous affairs to become IA
J miliar with the proceedings of this court
think, however. and his keen eve
rested for the space of a second on the
form of Mr.. Ketcham-"that others are
! sufficiently aware Of the ability of this
court TO protect in the fullest measure its
dignity Those that are well Informed viii
| be certain feel sure"--and the word .cer-
| | tain was steeped I'm ynegar-.thaf d,,r;,<~