Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-04-14
VERDICT To STAND
Judge Gest Will Deny New Trial
to Henry Ver>
meesch.
MAY NOT GO TO JOLIET
Claimed Defendant is Under Age and
Will Have to Be Sent to
Reformatory.

1
yesterday afternoon in the circuit
court, Judge W. H. Gest indicated that
he would deny a new trial asked for
Henry Vermeesch, convicted by a jury
Of manslaughter, for taking the life of
John O'Connor in a quarrel in the sa-
loon of Leon Callewaert, in East Mo
line, last November.
c. ]. Searle, who occupied the great
ar part of the afternoon in his en-
ieavor TO convince the court of the jus
tee of his plea in behalf of his client,
maintained that Vermeesch was either
guilty of the crime of murder or he
was wholly innocent. There could be
no compromise, in his Judgment. No
element of manslaughter entered into
the circumstances of the case.
Murder or SeIf-Defense.
| 1t was either willful murder or Yer
meesch shot O'Connor down in defend
ing his own life. Mr.. Searle held that
the failure to instruct the jury that
Vermeesch was in charge of the saloon
and had right to eject O'Connor on
account of the unbecoming actions of
the latter, was prejudicial to the de-
| PENDANT; that Vermeesch's striking of
! O'COnnor was not warrant for O'Con-
nor to hurl cuspidor at the head of
the defendant; that the conduct of
| Vermeesch from that time on should
have been emphasized as that of self
defense: that the question of malice
was allowed too much prominence,
Notwithstanding there was no evidence
to sustain it.
Defendant Not of Legal Age
Mr.. Searle claimed that. even if the
verdict should stand, under the law
Vermeesch could not be sentenced to
the penitentiary owing to his age. He
was not vet 81. having only recently
attained his goth year, and therefore
must be sent to the Pontiac reforma-
tory. Mr.. Searle introduced letters
from the wardens of the Joliet peniten-
tiary and the Pontiac reformatory
bearing him out in this position. Judge
Gest said that he would hear the at
torneys further on the point as TO
where Vermeesch should be sent be-
fore passing sentence.
Hearing of otto Case
Hearing of the suit of Mrs. Anna
Catharine Otto against Laura F.. and
August +. Schmid was commenced be-
fore Judge Gest this morning. II comes
up under the exceptions TO the report
of the master in chancery. F. H. Kelly.
filed by the defendants. The case will
be entered into fully. and the hearing
will take several days probably. Mrs.
Otto is the mother of Mrs Schmid. and
some years ago decided over to the lat
ter her property of the value of SIS. 600
NO" she wants her property, restored
to her, claiming that the transfer OF
the same was brought about by duress
and false representations on the part
| OF her daughter and the latter's hus-
band
Orders of the Confectionery.
10, Peppers ct al VS.. Banner ct al
Partition. Report of trustee. the Cen
tral Trust and Savings bank filed.
A, Atkinson ct al VS.. Keyes ct al
Bill for appointment of trustees. Peti.
ion by Trustee Gould for leave to sell
certain option warrants for purchase
OF certain railroad bonds heard and
allowed
SIS, Batemen VS.. Bateman Bill. Mo
lion by Elmira Jane Batement 10
strike from files a paper writing filed
March Is, 1905
149, kerns, receiver, VS. Dunn ct al.
Foreclosure. Masters report of proof
filed and approved and decree of sale.
1S1. Benson vs.. unknown heirs of
Anderson. deceased. Bill to quiet IL
tie. Masters report of proofs and find
ings heretofore filed is approved and
decree thereon as prayed.
202, Rain VS.. Rain. Separate main |
tenance. Suit dismissed by complain |
ant
Orders on LAW Docket
1S4. Wayne VS.. c.. r. l. & p railway
company. Appeal by defendant. Cause
of action satisfied and suit dismissed
at costs of defendant as per stipulation |
On file. Judgment VS.. defendant for |
costs and execution.
1SS. Adams VS. Moline. East Moline |
& WATERFOWL railway company. Case |
Demurrer to narT withdrawn by defend |
ant and defendant ruled TO plead by |
first day of next term.
200, Campbell administrator. VS.. c.. |
r. l. & p. railway company. Casa |
Defendant ruled TO plead by Monday /
morning next.
POS, Rock Island county VS. Mock /
Ct al Assumpsit- Judgment as per
stipulation on file in favor of plaintiff
and against defendants for SS62.7S and /
execution therefor
223. Moline Trust and Savings bank
ys. Schiller ct al Debt. Leave given
plaintiff TO file amended declaration
which is done. Defendant ruled to
plead by April next
22S. Village of Hampton vs.. C., NJ
& st. p. railway company. Debt De
murrer 10 declaration sustained.
lie, Gaylord administrator IS
George B. Swift company Case De
murrer TO declaration sustaine. 10 sec
ond count and overruled as TO the re
naming counts. Leave To plaintiff 10
amend second count which is done.
Defendant ruled TO plead by Monday /