The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1904-09-23

q " AAHN - -
The State OF lndianavs. William
B Cooper, lst count. Christian
Il. Rudolph being duly sworn on
ais oath says, that William y
Cooper, on the 9th day OF August
1901. in dubois county, Indiana
aid then and there f~eloniously, take
steal and carry away five helsers,
lfsmals csIves Of the value Of SOS,
md beingthen and therethe personal
Gods and chattles Of the said
christian II. Rudolph.
Christian II. Rudolph.
Subscribed and sworn TO before
me this, 5th day Of September,
1901. Frank l.. Betz, J. p.
"a count. And the SAID Chris
tian IL. Rudolph, further on his
oath says, that William b. Cooper,
on the 9th day Of August 1874, in
Dubois county, Indiana, did then
and there feloniously take steal and
carry away S645 and being then
and there the goods, chattles and
money Of said Christ an H.. Ru-
iolph.
Christian II. Rudolph.
Subscribed and sworn to before
ne this, 9TH of September, 1904.
Frank l.. Betz, j. Il.
The following witnesses were
named on said affidavit &. IL.
Rudolph, VIM. T. Rudolph, Oris
Stewart, VIM. Rsuscher, Hugo
R0thert.
Upon the filing Of said aili iavit .
warrant was issued returnable forth
with and delivered to Joseph Hoff
man, Constable Of Bainbridse TIP :,
who on the same day returned the
same endorsed as follows Game
to hand Sept. 5, 1904, and rs COM
manded, | arrested said defendant
and have him now in court"
Deft Cooper was required to give
bond the court first fixing the same
at $4,000 but upon the suggestion
Of ar. Cox that the bond was too
low tie same was fixed at s650.00l
Cooper finally executed and
he case was set for hearing on Mon
day Sept. 10, at 5 a. m.
On last Saturday, Sept. L., W.
K. Cox, assisting the state in above
cause, II. NJ. Keen Dept. Prescott
ing Atty, Senator r. N. Hilburp,
Atty. for the defendant, and VIM.
B. Cooper, the defendant, appeared
Judge Betz, and AZ. Cox
presented a written motion to Nolle
Prosequi said cause without assign.
ing any reasons but that the case
could not be made out.
Said motion was by the court
overruled, and a suggestion made
that the evidence would disclose
same az five witnesses had been en-
dorsed on the affidavit.
Mr.. Cox then requested Senator
Milburn to prepare an sfiisdsvit fer
a change Of venue. Mr.. Mnburn
complied with Cox's wishes and
the affidavit was prepared, and
submitted to the defendant Cooper
who not wishing to periure himself
did not sign same a. ne well knew
that there was no bias MOI prein-
dice existing against him, go the
siidayit for a change was not pre-.
sented.
The court again suggested hal if
the motion to nolle would tie sup
ported by good and sufficient rea-
sons, then in that event the motion
would be sustained, w%bereupon
Senator Milburn prepared the fol-
motion
The prosecuting attorney moves
70 nolle prosequi the above cause
for the following reasons:
/. That property alleged to have
been taken was partnership proper
ty.
:. w cooper was 10
sell said property by said Rudolph
w. +. Cox, az isting the State in
above cause.
Leo III. Fisher Pros. Atty.
Said motion was by the court
sustained and the defendant was
discharged.
The above are the facts a. they
happened.
W. suppose Prosecuting Attorney
Bomar Irsylor, will look into the
matter when he u the duties
OF bis office and the Grand Jury will
make an Investigation.
Too much eagerness to know how
you are held in the esteem OF Others
may result in unpleasant reilec-
tons.
The gravest and truest Of maxims
loose their importance when they
fail 10 he impressed uDen the mind.