The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1910-03-10
GREAT VICTORY FOR
O'KEEFE SATURDAY.
Continued from Page l.

rested at 2 o'clock Friday after
noon. The only witnesses were
Arthur O'Keefe and James Grit
fifth OF Fit. Wayne. The latter is
the superintendent of the work
under O'Keefe. These witnesses
testified as to the amount of the
claims, which were certified to by
Griffith. O'Keefe was recalled Z
number of times, and spent sew
eral hours on the stand, under
the direct, cross, and redirect ex.
animation. Witnesses for Ness
were c. L. Morris, Jacob Price
and Auditor c. M. Walker. Nor.
ri.s and Price testified as to the
value OF material used by o.
Keefe. Price admitted that he
was not friendly to O'Keefe, and
had been often employed by
Ness. Walker identified various
papers in connection with the en-.
tire case, including proofs oil
publication, bids, bonds, affidav.
it's, etc.
Ness Loses Main Point.
The ruling OF Judge Bernetha
at 10 O'Clock Saturday morning on
what were the issues to- be pre-
sented to the jury was hard
blow to the attorneys for Jacob
Ness, and a practical victory for
the O'Keefe attorneys. Judge
Bernetha ruled that no evidence
could be presented to the jury
purporting to show that the al
lowance OF the claims was illegal
because of the fact THAT there was
no money in the county treasury
with which to pay the claims,
Bernetha ruled that the only is
sues to be considered were the
ones given above, namely the
actual delivery OF material, and
honesty OF the claims presented
Bernetha ruled that all of the
other issues, such as the legality
of the bond issue, legality OF the
issue of the warrants by the
county treasurer. were all cover
ed by the decision of Judge Larry
in which it was held that the con.
tract between the Board OF Com
missionerS and Arthur w. o.
Keefe. was legal. The attorney:
for Ness thus lost their mair
point, namely of proving that thu
allowance of the claims, issue O
warrants, anal payment OF money
was illegal. because there was NJ
money in the treasury to pay thu
same.
Argument Heard.
The argument of the attorney.
on the above issue was heard by
the court the forepart of tn,
morning. Attorneys Logan anC
Lauer for Jacob Ness maintained
that the appropriation made by
the county council was illegal
because of the fact that ther,
was no tax levied, with which t,
raise the money. IAN appropria
ton means nothing said Attor
ney Lauer, "for all money ex
pended from the county treasury
there must have been some pro
vision for the raising of suol
money, by taxation" In genera
the Ness attorney wished TO in
trodmce evidence to show tina
the entire action in the allowanc
OF bills of O'Keefe, and their pay
ment was illegal, the .hain poin
being that there was no none,
in the county treasury wit
which to pay them. The fact tina
the bonding company refused t.
accept the bonds because OF thei
legality, was also argued befor
the court. Attorney Kellison an,
Martindale replied that the Law
provided that at the issue of tn
bonds, the county treasury wa
at once charged with the amour
of their issue and in that matte
there was provision for TIL
payment OF O'Keefe. for worl
done on the roof of the comr
house on his contract. The Ques
ton of the legality of the pro
ceeding was not to- be considered
Judge Bernetha ruled that n,
evidence could be introduced b
the Ness attorneys purporting t
prove that the allowances wer
illegal on those grounds, becaus
those issues were'involved in ii,
injunction case tried and decide
by Special Judge Larry. when h
decided that the action was req
ular.
Evidence Under Exception.
The attorneys for Ness pro
ceeded, after the jury was impan
eled Saturday morning To intro
duce evidence to prove that Their
was no money in the county treas
ury with which to pay the claim
when they were presented. TIL
attorneys for O'Keefe objected t
the evidence which was sustaine
by Bernetha. Ness attorneys en-
tered exceptions to the ruling c
the court, and continued the OF
fering of such evidence, all c
which was excluded, by objec
ton, and on which Ness attor
neys took exception, and dictate
reasons for exception, to becom
"a part OF the record Of the pro
ceedingS
The evidence was completed a
II 100 A. NJ. and the jury wa
| given a recess while the attor
/ news arOi1a1 on tho ,o,,.s - A.