The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1911-01-05
SCHROEDER HA S
NARROW ESCAPE
FROM JAIL TERM
BECAUSE OF STIGMA WHICH
WOULD FALL UPON FAM
lily JUDGE MAKES
FINE S42.7o
Bernetha Says that Attack of Ex-
Trustee Upon Son Was Against
Nature.

be attached to his family if given a
Jail sentence, James NJ. Schroeder, of
Tyner ex-trustee of Polk township,
narrowly escaped term in the coun-
ty bastile, when he entered plea of
guilty, to assault and battery upon
his son Remus before Judge Harry
l. Bernetha, Monday afternoon.
On July 10Th, 1910, the elder
Schroeder, made fiendish attach up
on his one armed, son Remus aged
twenty-nine, with pitch pork, which
resulted In a fractured forearm for
the boy, who threw his one arm above
his head for protection, only to re-
ceive the blow, and another upon his
forearm, resulting In the fracture.
The boy seized the dangerous imple-
nent, and held it, and shouted to
Butter Williams, an e,nploye of the
farm to come to his help, and. then
only did the elder Schroeder relinquish
his attack. The young man told an
account Of the assault in circuit court
Monday afternoon: 1t was plainly
evident that he was attempting 10
screen his father, with whom he had
made amends and was making the
crime as light as possible for his
quick tempered parent. Also In
pleading for his client Attorney S. N.
only did the elder Schroeder relinquish
of the misfortunes which the ex-
trustee had undergone; how he had
raised family of nine children, and
educated them all how lightning had
struck and burned down new barn
educated them all, how lightning. had
a burden and worry to the defendant.
The younger Schroeder in defence of
his father also told that the latter
was thrown from buggy in rum
away, fey years ago, and That since
that time he had not been the same
man. His mind seemed TO be affected
and he was slowly losing his health
In redirect examination the Prose
eutor, Harry l.. Unger forced the
younger Schroeder to admit, that his
father was subject to violent fits of
angry passion-that he had bitterly
quarreled with daughter, and forced
her to leave home,-that the son had
often interyened between his parents
in order to protect his mother, and
that quarrels were frequent from his
father.
The incident in which Schroeder
broke the arm Of his boy, occurred al
the barn, on the farm in Polk town
ship on July 10th, last, and was a,
600 o'clock in the morning. The boy
was In the stable placing a collar or
a horse which was TO be worked ir
the field. In arranging the harDes:
the young man, found that the paG
under the collar did not fit, and ex
claimed "D-n, that pad" Where
upon the elder Schroeder who was
Just entering the stable, mistook th'
exclamation for "Blank my dad
and at once set upon the crippled
hoy with the pitchfork with the result
told above.
In his decision Judge Bernetha a
length expressed himself upon th'
unnaturalness exhibitd by Schroede
in his attack and seemed inclined t.
sentence Schroeder to Jail as demand
ed by the prosecuting attorney. :"
believe that it is contrary to the in
stincts Of humanity for parent 4
strike at child with pitchfork
and especially a crippled child" sai'
the Judge. eff similar attack wer
made upon a stranger, l surely woul'
send tie offender to Jail. and why no
more SO, when the object of this at
tack is a crippled son 7 ! do not thin
a jail sentence too severe in an ex
tracrdinary case like this. Althoug
the father be Of quick temper, a
stated, I cannot see how anv paren
cold So far forget himself, as I
make such an assault. II Is very ap
parent that had not the arm of thi
bov been broken in his attempt I
ward off the blow, II is quite probabl
that his skull would have been frac
turod. Then the renewed effort t
continue the attack ever after tn
first blow makes the offence the NOR
severe in my judgement. t."
The court finally sfated that be
cause of the odium which a term j
jail served by the father would hav
upon the son. and remainder Of th
family, leniency would be shown b
the court and a fine of $500 az
costs be assessed. Attorneys " |
Hess. Herbert Hess, and S. \
Stevens represented the defendan
Arrangements were made at once I
settle the costs. The costs, amount
ed to $17.70.
Ate Poison.