The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1910-01-15

pie subsequent to the filing of the
remonstrance Of their condition Of
not be given force as evidence on the
broad grounds that the rights of third
these third parties are of such weight
as in law to neutralize and render In
effective the ordinary rule of the ad-
lions. The court is satisfied with its
ruling heretofore made.
The plaintiff has the burden of proof
as regards qualifications of all those
signers challenged by verified answer:
All lawyers know what the burden OF
Court should expatiate thereon. The
court ruled the defendants might cnal-
lenge individuals not named in the verf-
proof as to them. The court is salts
ned with that ruling and re-adopts 1t.
So as regards the qualifications of such
part of these 81 names designated in
the verified answer. the plaintiff must
maintain the burden of proof. As re-
fed answer the defendants must main
tain the burden of proof. If, in what
follows, names are not mentioned d and ar
may not be considered finding that
they were qualified voters of Calumet
Failure to mention their names may
very we'll, however. be considered mere
ly a conclusion. of the court, and for
that it Is not necessary for the court
to decide either way. -
AbSpt one whose erI partre eny Who Is Is
der the descriptive BIG BOY" re-
haps. in this case. Twelve witnesses
tetified pro and con regarding his quail
ifications. The contest regarding him
only ceased when both sides rested
Many witnesses did not know MIN al
all co nomine. but when 1n1ormed the
one inquired about Is BIG BOf they
knew him we'll
The signers will be designated both
by number and name
NO. A. -.---.-. JOHN OPShA"
CHARLES w. HOWE testified by
himself went to Gary Aug 4th.. 1907
that Upshaw was in Gary May list.
1908, and that he had seen him about
for three or four months
Gellagher's Testimony.
WILLIAM s. GALLAGHER testified
he himself lived in Tolleston fourteen
years and in the county thirty.five
years. and is a contractor. that UPshaw
and then lived in Gary; that he was
there May 1st-, 1908; while he has seer
SHAW h worked for hm o na the postoe
building for month or so in the sum.
mer Of 1907 that he knew nothing
about him after he quit that employ
ment
SAMUEL ]. DUNCAN testified he
himself came to Gary Feb: Sth-, 1907
that he first met Upshaw In the sum.
nights for a street contractors that hs
lived there about a year and Is still
working in the mill On cross exam
| ination he testified: L have never
missed nim-
JOHN A DILLON testified he him
| self has lived in Gary for two years
| In Calumet township seventeen years
Regarding Upshaw he testified: me,
him in the summer of 1907; he worked
on Broadway. lived at the corner o.
nth or 18th and Broadway; was there
May 1st.. 1908; saw him yesterday az
| the mill" On cross examination: II
answer to inquiry: Was he not II
..He might have been; don't know
/ for one, two or three months l dfon
see him; thought him still In Gary.
| SHEPARD KING. who went TO Gary
! in January of 1907 and has lived there
ever since. testified he first knew Up
/ shaw in the early fall of 1907 and has
! lived there ever since. testified he first
knew Upshaw in the early fall OF 1907
4 that he worked on the street on Broad
way: at that time he lived at the cor
ner of Broadway and 18th; on May LIST
| 1908. he was still living at the same
/ place On cross examination, he tes-
tified Upshaw may have gone to Blue
| Island for a short time after the sa-
looms closed; when he hrst met hin
] he was a teamsters he was q single
nan in Gary: he was not gona to my