The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26

to-wit: or the age of about six years, and
said Ophelia Fowler at that time was UNI
married and living with her father. Moses
Fowler, and her sister, Mrs. Annis Chase,
and the respondent at the city OF Lafayette;
that shortly prior to the death Of Mr nd
consent OF her husband, delivered 10 said
Ophelia Fowler her said infant son and
charged her with the care, conduct and
bringing up Of said lad that thereafter. to-
wit: About the year 1887, while said lad was
still of tender years being about the age or
nine. said Ophelia Fowler intermarried with
the said Charles II. Duhme. and shortly
thereafter went with her husband to his
home at Cincinnati in the State OF Ohio, and
has ever since continued and remained a
resident and citizen of the State of Ohio
and OF the city OF Cincinnati, taking with
her, with the knowledge assent and APP
prevail of the respondent the said lad so
consigned TO her care by his mother, the
said respondent having been by the Tip
pecanoe Circuit Court. in Tippecanoe coun-
~. Indiana, in the year 1889. duly appointed
youth during his minority, and entered upon
and continued in the discharge of his duties
until as hereinafter set forth; that while
said lad was making his home with his said
aunt during the summer of 1885, while he
was at home on a vacation, he suffered a
sunstrike from which his mind was seri-
the consent of his said aunt and OF the re-
spondent committed to Oak Grove Sana-
forum, in Flint, Mich; that the authorities
of said Sanatorium required as a condition
precedent TO his admission into the sana-
torium that he should be adjudged a per-
son of unsound mind, and, upon the appli-
cation of the respondent he was so adj
Judged, but without the knowledge of his
said aunt, Mrs. Duhme, and thereupon
said young man remained and continued in
said sanatorium until he came of age,
the 4th day of June. 1899; that thereupon the
respondent, contriving and devising how he
should obtain control of the person of the
property, went to Michigan in order to
bring the young man to Lafayette, intend
ing to institute proceedings against him
TO have him declared to be person OF
| unsound mind, and thereupon the young
man, being taken by said respondent to the
city of Detroit, there met his aunt and went
with her to the city of Cincinnati. the home
| of the said Mrs. Duhme, and his home so
| far as he had heretofore recognized any
| place as his home since the year 1887; that
during the year 1899 proceedings were taken
| in the Probate Court of Hamilton county,
| Ohio. upon the application Of said Moses
| Fowler Chase, to be adJudged a person
of sound mind. and thereupon on full in
| vestigation had by said court said court
| having full and complete jurisdiction over
| the person of said Chase and of the subject
matter Of said proceedings, 1t was by said
court on the 18th day of June, 1899, ad-
| judged that he was an inhabitant of the
county Of Hamilton and person Of sound
IN TIPPECANoE COUNTY.
"Your petitioner further shows that prior
| thereto. towit: On the 9Th day of June. 1899.
proceedings in the Circuit Court of Tippe-
canoe county, Indiana, against said Moses
| to have him declared person of unsound
mind, which said proceedings continued
pending in said court until thereafter. to-
| wit: On the 21st day of November, 1892 that
| in the meantime the petitioner in said
matter, one Samuel P Baird, who had been
procured to file said petition by the re-
consent of the respondent, that said pro-
ceedings should be dismissed but objection
| was made to such dismissal by said Moses,
and thereupon the question of the sanity
| OF said Moses and OF the proceedings so
| instituted by said respondent and said
| Baird, at the instance of said respondent,
were submitted by said Moses and the re-
| spondent to the consideration and judg-
ment of said Circuit Court, and evidence
| was heard, and, the matter being fully con-
| sidered. it was by said court adjudged that
| said Moses was of sound mind and that the
petitioner take nothing by said proceedings
| and pay the costs of said action, which said
| judgment has since remained in full
| force and effect, no appeal therefrom has
ever been taken, and the same remains in
| full force and unreversed; that thereupon
| said Moses returned to his home in the city
| of Cincinnati and remained there until dur
| ing the spring or summer of 1900. when he
| went with his uncle and aunt Mr. and
| Mrs. Duhme aforesaid on visit to Eu-
| rope, such visit being made at his instance
and request; that prior to his going to
| Europe said Moses being DESTROYS Of chang
father. for and after whom he had
P Probate court duly Tsmten to the
Ohio. his verified petition, setting
forth that he was resident of Hamilton
county. Ohio, and of his desire to have his
| name changed, and in such proceeding
| after full investigation by said court as
| to his residence and the jurisdiction of the
court over the subject matter of said ac-
Il UQ ar nv col hot
| the name of said Moses Fowler Chase be
| changed to the name of Moses Fowler and
from that time forth his rightful and legal
name has been and still is Moses Fowler
| and none other whatever; that during the
sojourn of said Fowler abroad he suffered
a relapse and was at different times placed
| in two different sanatoriums in the city
| of Paris. in France, and recovering
| slowly, but steadily, from said sunstroke
and said relapse; that at no time during his
continuance in either of said sanatoriums
| was said Fowler confined, nor was his mall
| ady of such character as to render him
dangerous or intractable, but he was per-
mitted to and did go about quite frequently
| alone, although at times. when his malady
| was more acute than at others, accom-
panied by. an attendant. and he was being
/ restored slowly but steadily to health until
| towit: On or about the I'D day of March,
| 1903 when he was fully restored to health
and In full possession of his mental facul-
ties; that shortly prior thereto said respond
ent, devising and contrving in what man
| ner 10 obtain possession of the property
| and person of said Fowler, and with the
| appearance of authority, filed with the Cir
| cult Court of Benton county, Indiana, in
| which county said Fowler owned real es-
| tate, but wherein said Fowler had never
at any time resided sojourned, petition
| 10 be appointed guardian of the estate of
said Fowler. said petition having been filed
without notice, either personal or construct
I've, by publication otherwise, on the
| afternoon of the last day of the term then
being holden, and upon the pretense of an
emergency procured his appointment as
guardian OF the estate of said Fowler, de-
Scrlolng him in said petition. however, as
| Moses Fowler Chase; that still further de-
| vlsing and contriving to obtain possession
| OF the property of said Fowler and of his
| person. thereafter, towit: On the 18th day
| OF March, 1903. said respondent. by his
| agents: obtained possession of the person
| or said Fowler, and by force and violence
and against the will of said Fowler, took
| him from the sanatorium in which he was
then soJourning in Paris, France, and
| caused him 10 be brought to the city of
Cherbourg. in France. and there secretly
out forcibly caused him to be placed upon
| one of the transatlantic steamers for the
| purpose of being conducted to America.
| FORCIBLE POSSESSION.
During all of said journey across the
water said Fowler was in the forcible pos
session and charge of three persons strang-
| ers to said Fowler. but employed by the
| respondent for that purpose; that said YES
4 sci reached q har Of