The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-02-25

QlQ iHSH dill ulHClS ldISCiy, uhidW WAuiIy y /,
feloniously, verbally and orally, make
charge and accuse affiant Edmon
Brundige and John Morris with the
crime OF burglary, hold-up and rob-
berry of one - Ward, and -
Jackson, whose christian names are
unknown to Edmon Brundige, OF tle
goods and chattels of the said Ward
and Jackson at South Bend, Ind, and
the defendant at said Marshall coun-
ty, Ind. did then and there have a
pretended and fictitious warrant, pur-
porting to have been issued by one
McNutt, Justice of the Peace OF St
Joseph county, Ind, and did then and
there arrest and take into custody
the afiant on said pretended warrant,
and held hdm on said pretended war
rant about five hours and threatened
to take Edmon Brundige to South
Bend upon said fictitious warrant,
and did then and there demand tlst
affiant pay him the sum of $50 in
money of the property OF affiant and
of the value of $50, he, the said de-
fendant th.n and there stating to al
fiant that if he paid such sum OF
money he should be discharged from
arrest on said pretended charge of
burglary and robbery, and defendant
did then and there demand of this
affiant that he turn over and surren-
der to him ten head of hogs OF the
goods and chattels of this affiant,
watch goods and chattels were then
and there of the value of $50, and
then and there stated that II he, this
affiant, would turn over and surrender
to him the defendant, said ten head
of hogs in place OF the $50 thereto
fore demanded by the defendant, that
lie. the defendant would release the
affiant from custody and that the az
hant would not be prosecuted upon
said charge OF burglary and robbery:
affiant at the time protesting his in
nocence OF the said charges; that the
lawfully and feloniously charged and
accused this affiant with tie crime at
South Bend, of burglary and robbery
of said Ward and Jackson herein and
made said pretended arrest upon said
pretended warrant, before set out.
with the felonious intent on the part
Of defendant, Francis NJ. Lemert.
shen and there and thereby wrong
fully and feloniously to extort from
this affiant, Edmon Brundige $50 in
current money OF the United States.
the property OF Edmon Brundige, and
10 head Of hogs of the value OF $50
and then and there the property Of
this affiant
Explanation of Defense.
The defense maintained that he
made no such alleged arrest. or threa;
of imprisonment He says that he
was appointed as special constable by
Justice of the Peace McNutt, and in
execution of his duties, served an ex-
ecution for tie sum of $4750 on Ed
mon Brundige. Brundige is quite
deaf, and so might have misunder-
stood Lemert The records OF the
court bear out Lemert in his defense.
that he had been appointed special
constable The judgment against
Brundige had been rendered to a man
by the name of Olsen. and was exc
cuted in January OF 1907
The case was called Monday, and
was completed Wednesday evening,
when it went to the jury That body
returned at 6:o'cfock Wednesday
morning with a verdict OF not guilty,
which was read by Judge Bernetha. a.
go o'clock Wednesday morning af-
ter court had convened Pros II. L.
Unger and f. c. Martindale repre-
sented the state, while the defense
was represented by attorneys L. NJ
Lauer and V. P. Kirk.
Other Court News.
The case of state versus Milo Prior,
which had been set for trial Wednes-
day, has been dismissed, and so there
is no case on trial Inc time OF the
court was occupied during the re-
mainder of the week, in hearing argu-
ment, demurrs. etc, no special case
having been set for the remainder OF
the week.
Masons to Banquet.
The pivruouth rhaoter of MaSOns