The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-10
Frederick Chase Admits the Facts on
which the Plea Was Based, and
the Case VIII Go to Trial.
MILTON SHIRK DEAD AT PERU
MILLIONAIRE BANKER sUCCUMBS TO
STROKE OF PARALYSIS.
Young Padgett Not Prosecuted for
Shooting His Father-Ben-Hur
Elects Oficers-Other State News.
Special to the Indianapolis Journal.

Special to the Indianapolis Journal.
LAFAYETTE, Ind, May 9.-Judge De
Hart, in the Circuit Court to-day overruled
the motion of the attorneys associated with
the States attorney in the Moses Fowler
Chase case for continuance of the trial,
and appointed physician to act with an
other doctor named by the Frederick. ,.
Chase attorneys in examining the demented
youth and making report to the court on
Monday morning. when the case Will be def
initely set for trial. This important action
OF the court was taken after the lawyers
for the Duhmes, or, as they are legally
called, counsel for Moses Fowler Chase. had
filed a voluminous affidavit setting forth
why continuance was necessary, and TINS
had been met with brief admission OF
facts presented by Judge Hammond, one OF
the Frederick Chase counsel. The court
ruled that the admission of facts was as
broad as the application, and that 1t COW
cred all the absent evidence mentioned in
the affidavit supporting the motion Of the
Duhme attorneys.
The action OF Judge De Hart means that
the case probably will not go over the term,
as has been feared by the Frederick Chase
attorneys, for experts have agreed that
young Chase is hopelessly insane, and the
doctors appointed by the court and by the
L. 5. Chase counsel probably will report the
same mental condition of the youth. DR.. J.
ID. Hills, who was appointed by the court,
and DIR. l.. c. Davidson, named by the
Chase attorneys, will make an examination
tomorrow. The Duhme lawyers were given
permission to name physician, but did not
choose to do so.
When the lawyers met in the courtroom
this morning Prosecuting Attorney T.. ID.
Randolph application a
uance OF the trial. Addison c. Harris, or
indianapolis. appeared with the Chase at
torneys, and E. w. Kittredge, of Cincin-
natl, with the Duhme lawyers. Mr.. Ran
dolph asked the court to postpone the trial
of the insanity of Moses Fowler Chase and
the appointment of a guardian, and then
read an affidavit of Austin l.. Kumler, one
of the Duhme counsel, in support of the
application. The affidavit set forth that
many OF the witnesses whose dispositions
would be of great Importance to his side of
the case lived in remote places in the Omitted
States. in Canada, England and other parts
or Europe. 1t was stated that in order to
present all the facts of the case it would
be necessary to include this testimony, and
that three months would be required to get
all the dispositions. The affidavit told what
the witnesses would be called On to prove,
and reviewed the case in all its particulars,
bringing it UP TO the present time. Mr..
Randolph made a strong plea in support Of
the affidavit, and said that Moses Fowler
Chase should be removed from St. Eliza
beths Hospital to his own home in South
street.
When he had concluded Judge Hammond
presented simple fOur-line document which
admitted all the facts contained in the af-
fidavit. The admission was signed by Fred
erlck Chase. So unexpected was the adms-
sion that II startled the Duhme counsel.
Mr. Randolph moved to strike it out, but the
court refused. The ruling thus disposed Of
any further delay.
The move of the Chase attorneys is re-
garded as one of the cleverest yet made in
the case. Judge De Hart after his refusal
to rule out the admission, appointed the
physician and gave permission to the attor-
neys for both sides to do likewise. The ap-
pointment of physicians was due to an as
sertion in Mr.. Kumler's affidavit that if the
trial were postponed until the next term
Moses Fowler Chase might regain his rea-
son sufficiently to give the counsel facts
that must be used in the prosecution and
defense OF the case. The physicians will
ascertain if there is any hope for the youth
Should they decide that there is a POSSIBLE
ity that within three months young Chase
might partially recover his reason and
might be able to give evidence it is proba-
bic that the case will be continued. If the
decision is the reverse of this the case will
go to trial on Wednesday, as was scheduled
before to-days proceedings interrupted. A
jury must be impaneled before that date
and quick decision Of the court is expected