The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1914-07-25
'UADERH|LL FILES
|. HIS OWN AFFIDAVIT
ON PROVOKE COUNT
Legal War Veteran Incensed
Because Witness Forces
Him to Pay Fee or Take
Good Whipping.

To prosecute Robert Sewell, a form
er employe, Alfred Underhill, veteran
Of many legal contest, either as
plaintiff or defendant, appointed him
self prosecuting attorney recently and
filed an affidavit charging provoke
drawn up by himself, in the court of
Justice s. X. Morgan. The justice
had the affidavit served on Sewell
without consulting Prosecutor Keller.
Justice Morgan then set the date for
Sewells trial the middle of next
month.
Today Prosecutor Keller, both angry
and amused, personally served a writ
on Justice Morgan ordering the dis
missal of the affidavit filed against
Sewell. He told the justice that there
was not reason for prosecuting Sew
ell and if there had been he would
have filed an affidavit against him
himself. He also took occasion to in
struct the justice in several points on
legal procedure, emphasizing the fact
that the prosecuting attorney Is the
only person in the county with the au-
thority to undertake the prosecution
of cases under the criminal code. 1T
would be fine thing if any person
holding a grievance against another
could file an affidavit and have him
dragged into court" Keller informed
Morgan.
UnderhiII Peeved.
Keller said today that recently Un-
derhill appeared before him and re-
quested the prosecution of Sewell on
the charge of provoke. Keller did not
think the charge made by Underhill
could be substantiated sufficiently to
warrant such action and declined to
take action. Underhill then accused
Keller Of being prejudiced against him
and demanded some blank affidavits.
Keller again refused him. Then I'm
derhill angrily asserted that affidav.
its were public property and he had
a right to demand some blands. The
prosecutor then informed him that the
court house was also public property
but no citizen had a right to remove
stones from the building.
"Well, there are some people I want
to prosecute and if you won't act for
me 1 will act for myself" shouted Un.
derhill, and departed. He then pro-
ceeded to draw up an affidavit himself
on foolscap paper, which he filed with
Justice Morgan.
Wants Robbery Charge.
yesterday heIler QOLlIlcu UnOeTuAl
that he was going to dismiss the pro
woke charge against Sewell. In high
huff Underhill declared his intention
OF filing an affidavit against SeweN
charging highway robbery. He said
he didn't know how to make out an
affidavit for such an offense but in
tended to go to Indianapolis and &C.
quire the necessary knowledge.
According to the prosecutor the
trouble between Underhill and Sewell
was the outgrowth of recent dam
age suit against Underhill, tried at
New Castle. A cripple assaulted by
Underhill was awarded $500 damages
Sewell, it is said, went to New Cas-.
tie to be a witness for Underhill and
was to receive 81 for his trouble. He
was never called to the stand and
later Underhill refused several de.
mands of Sewell for the 81 he was to
have received. Finally, it is said
Sewel threatened to whip Underhill
and then got his money.
Underhill argues that If Sewell, by
the method he employed to secure his
81, is not guilty of provoke, he is at
least guilty of highway robbery
If the prosecutor stands pat Under.
hill will have hard time filing his
highway robbery affidavit-even in q
justice of the peace court.