Evening journal., 1912-11-20
FAMILY JAR
LEADS TO COURT
But Magistrate DlSmiSSeS
Husband Holding That
He Was Not to Blame


daughters. the Misses Leila and Cor
inno Jacobs. both young women,
Thomas J Jacobs. OF No. 1904 Boule-
ward. was given hearing yesterday
afternoon before Magistrate Buckley.
Il required two hours to hear the
case and the justice OF peace an-
nounced at .he conclusion that the
evidence was conflicting and he
world reserve his decision until u
o'clock today
Magistrate Buckley at noon today
announced that after carefully consid-
cring the evidence In the case he had
decided to dismiss all three charges
against the defendant He said:
"ln going over the evidence / find
that Mr.. ana Mrs Jacobs and their
daughter got i'm a very noisy family
dispute, the defendant wishing TO
move his wife and family TO another
home, Mrs Jacobs and her daughter
wishing to remain at their present
home The defendant. as head OF the
house. has a perfect right to move,
so long as he gives his wife and fam
ily a respectable home. and provides
for them.
"Thero is no evidence TO show that
the defendant did beat or strike tither
his wife or daughters II was shown
that he pushed them away when thoy
inlcrfored with him I'm trying to load
the furniture on the wagon which he
had q perfect right to do.
Both Mrs Jacobs and her daughter
admitted striking The defendant sew
cral times. which, under The circum-
stances. they had no right TO do. Moss
or ne trouble was caused by Mrs.
jacobs threatening 10 shoot anyone
who entered the house. and running
up stairs TO get "A gum TO carry out her
threats.
Il have carefully gone over the evi-
dcnce and nnd that II discloses one
OF those unhapp' family affairs which
are FAR 100 frequent in every commu-
nifty Taking all the evidence into
consideration do not consider there
has been proved case of wife beat
ing on assault and battery there
fotc dismiss tine dcfendent on all
three charges
The warrants were sworn out by
jacobs wife. who was represented at
tho hearing by Charles W. Bush, while
Robert G Harman appeared Tor the
defendant The latter made the con-
tcnfion before the case was opened
that the justice of peace had no Juris-
diction in the assault and battery
cases of the daughters, claiming that
State laws provided that such cases
occurring within the corporate limits
OF tho city must be tried in the Mu-
nicipal Court He admitted that the
magistrate had jurisdiction In wife-
beating cases He said, however,
that he was willing TO 80 into a hear
ing of the case. and the magistrate or
dored the trial TO proceed
From the evidence Il appears that
there has been discord in the Jacobs
family which eliminated on NoNem
hcr12 when Mr. Jacobs went TO their
home With a furniture van and three
mon 70 move our his household ei-
fccfs ne having made arrangements
10 move his family 10 a smaller house
i'm another locality Neither the
mother or the daughters wished to
move. and ON this hinged the case
Miss Leila Jacobs. The first witness,
said her father came TO the house ON
the morning of November H. she be-
inc alone at tho time She said she
objected TO him removing the furni-
ture from the house and testified he
pushed her back when she got In the
way of the men She said she struck
him with an umbrella in self defense
and he then iokcd with her aud threw
her TO the floor. her head hitting a
jardinicr She said her head and
right side were bruised.
The witness said she had called
her mother from "A neighbor's house
and her father treated her practical
ly the Same as he did her when she
tried 90 prevent the moving she
said her mother threatened to shoot
the men and that she went upstairs
to get revolver but her father got
ahead of her aud took the revolver
away.
Miss Jacobs said that on one
Thursday night in October her father
rhad me- her younger sister, Corinne,
lat the door when she returned home
at 1890 o'clock and began TO strike
her with a strap because she came
in late The witness said she jumped
between them and caught the blows
intended tor her sister She said her
mother came down with a strap with
which she struck her father telling
him she would strike him every time
blow fell on her daughter and her
tmOthcr The witness said she went
between her father and mother with
such force as to push him against a
sidcboard and TO keep him from fall
ing she grabbed him and tore out his
shirt sleeve One time in the sum-
iner. the Witness said, her father
knocked her down
I'm cross examination Miss Jacobs
denied striking her father over tho
head with a cane on the day he came
10 move out their furniture. She ad
mitted however, that she had a cane
IN her hand and her father took Il
away from her She also admitted
that her mother had a poker In hei
hand but did not strike her father
with Il. The lattor snatching It from
krs On being further questioned b.
Mr.. Harman the witness said he
mother had taken of her fathers ha
and hit him over the head with i
several times.
At this juncture Mr.. Harman re
marked that in his opinion the troubl
was merely a family quarrel.
Miss Jacobs was followed by ne
mother whose testimony i'm the mai
was practically the same She sal
that her husband seldom spoke {
her. She admitted striking him wit
an umbrella. which broke. after h
had pushed her down. She also sal
she had picked up a poker or andiro
from the FIRE place but did not strik
him with it. She said she did bea
him with his hat.
In croee-exannination Mrs Jacohl