The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1910-03-10

Marundale as taxpayer.
ID. c. Smith excused by Mar
tindale for same reason.
Alexander Densmore had form
ed and expressed an opinion.
VIM. II. Foulke asked to be
excused because of i'll health.
Lincoln Koch excused by Lo-
gan as taxpayer.
New Venire.
The following is the new We
nire of thirty y-hve, summoned to
act as jurymen Thursday.
Geo. w. Hatfield, Bourbon tip.
Frank Milliner, North tip; John
H. Myers, Green tip; Jacob Car
biner, German tip; Jacob ].
Cromley, Union tp; F. NJ. Nc
Crory, Center tip; F. NJ. Zehner,
Walnut up; John Peoples. Green
tip; Frank Wortilington, Walnut
tip; James NJ. South, Union tp
VIM. II. Reed, Bourbon tip; VIM.
l.. Hoover, North tp; VIM. Field
man, German tp; Peter Strander-
man. Center tp; Chas. Pritch,
Bourbon tip; ChIas. Powell, Polk
| tip; Jacob S. Casper, Center tip ;
Geo. w. Seymour, Bourbon tp /;
Sherman Miller, North tip; C. K.
Peterson, Bourbon tp; Jasper M.
Lake, Green tip; Isaac Knoblock
German tp; James Anders, Cen
ter tp; David Gunner, German tip !:
Lewis 3. Bowel, Walnut tip;
lay Gunder. Walnut tp; Lewis
Lemert, Polk tip; F. w. Plumper
Tippecanoe tp; Oris z Gay, Cen
ter tip; Albert Baum, West tip;
Jacob GottSchalk, Bourbon tp;
Virgil Rensberger, Polk tip;
Frank M. Gibbons, Green tip;
F. d. Lamson. Center tp; David
Harrington, Tippecanoe tip.
The jury to try the Arthur w.
| O'Keefe, versus Jacob S. Ness
case was impaneled at 3 o'clock
Thursday afternoon, after the
day had been spent in examining
the members OF the special venire
called for that purpose. Nineteen
men in all were excused before
a satisfactory jury was obtained.
The jury was finally selected as
above, anti the case was com-
menced. The case is entered as
IO'Keefe versus Jacob Ness, ap-
peal from allowances made by
| the Board of Commissioners OF
Marshall county, while in, reality
Ness is the plaintiff, and o.
Keefe is defendant for the Board
of Commissioners. The case now
on trial is a development OF the
famous Marshall County Court
House case. A brief history of
the case will be necessary to the
reailer who has not followed the
case in its complicated develop
ments. Several months ago, the
| Board cf Commissioners OF Mar
shall county. voted to ask for an
appropriation from the County
Council, of $4,000 to be used in
the repair and remodeling of the
court house. Accordingly bids
for the proposed work were call
ed for. and three bidders con-
tended Tor the contract. There
was dissention over the bids re-
ceived, in that they did not con-
| form to the requirements in all
respects, and the commissioners
! decided to reject all OF them, and
re-advertise for bids. This was
| done, and three bids were receiv-
e,f on the general contract. The
bidders were Arthur w. O'Keefe,
| Everly and Wallace and Jacob 5.
| Ness. After a lengthy delibera-
ton. the Board allowed the con-
tract to O'Keefe, on his bid, of
1914, ,139. O'Keefe accepted the
contract, and began plans for the
execution of the contract, which
was 10 have been completed by
| November ], 1909. Meanwhile
| Jacob Ness, entered a cOnten-
ton that his bid was lower than
/ the bid OF O'Keefe, and that he
should have been given the con-
tract. Ness then filed suits, ask
| ing for an injunction to restrain
IO'Keefe from executing the con,
tract, or receive money for work
done on the contract, and also
asked To restrain the Board OF
| Commissioners from accepting
any work done by 'O'Keefe, on
such contract. As soon as notice
of the fling OF the petition for
restraining order was given. o.
Keefe ceased work on repairing
the court house AS a result of
being interrupted in the work,
the roof of the court house re-
mained off during stormy
weather, and the interior of the
building was torn UP in very
serious manner. The trial OF the
temporary restraining order was
held before Samuel Parker OF
South Bend: who was selected to
act as special judge in the case.
The attorneys for Ness, II. A..
logan, and L. NJ. Lauer asked
for the change of Judge from
Bernetlia The trial for tempor-
airy restraining order was COM
pleted, and Special Judge Parker
granted the injunction restrain
ing O'Keefe from executing hrs
contract. Parker ruled that the
contract was faulty. but did not
in any manner decide that fraud
was contained in the execution OF