Dearborn County Circuit Court Proceedings – Feb 1879

Proceedings of the February 1879 Term of the Dearborn County, Indiana Circuit Court appeared in:

Lawrenceburg Register – 6 Feb 1879 – Page 3, Column 3


Court convened on Monday, with 174 cases on the docket, and Judge Roberts presiding.

John Medosh vs. Peter Pitsch. Dismissed.

N. Gillig, of Lawrenceburg, was appointed Jury bailiff.

State vs. Isaac B. Ward. Assault and battery upon the person of Jesse Smith. Pleads guilty. Fined $2 and costs.

James Todd vs. Amos Crozier. Three cases. Dismissed at defendant’s costs.

John Cairns was appointed administrator of the estate of David Buckel. Bond $150.

Ambrose E. Nowlin makes final report as administrator of the estate of John D. Frasier, and was discharged.

The court not being satisfied with the report of Otho Lowe, guardian of the minor heirs of Mary S. Lowe, appoints Wm. H. Bainbridge, next friend of said wards, to appear for the file exceptions to said report, should investigation render such action necessary.

Charles Shue file additional bond for $200 as guardian of the heirs of Henry Shue.

John H. Bonham appointed administrator of the estate of James White. Bond $2000.

Oliver C. Gatch appointed guardian of John Lindsey, an insane person. Bond $1200.

Mary Ingalls appointed administratrix of Lewis Ingalls. Bond $400.

John Brady vs. James McQuade. Judgment against defendant for $315.20.

Lucy A. Moore vs. Clarissa Daniels. Judgment against defendant for $54.71.

State vs. John Morton. On motion affidavit was quashed, and defendant discharged.

Wm. Probasco and Brown vs. Henry Wesler. Judgment against defendant for $121.98.

On motion of John K Thompson, Esq., Chas. F. Hayes was admitted and sworn as a member of the bar.

The Grand Jury was sworn in on Monday, the following composed the same: John Goodapple, John Ridner, Perry Pyles, Oliver C. Gatch, George M. Givan and Zeph Heustis. Oliver C. Gatch was selected as foreman.

The Grand Jury returned six indictments on Tuesday, as follows: Alonzo Smith, two cases, charged with abducting his niece for the purposes of prostitution. The defendant being unable to employ counsel, the court appoints H. D. McMullen to defend him. He enters a plea of not guilty in both cases. In default of $500 is sent to jail.

State vs. Omer Pierce, Jack Moor and Wm. Bryant—assault and battery with intent to kill Charles Miller. All enter a plea of not guilty. Bryant and Moore being unable to employ counsel, H. D. McMullen was appointed to defend them. In default of $5,000 bail they were remanded to jail.

State vs. Jack Moore; petit larceny, charged with stealing a hat of George Philips. Pleads not guilty. Bail $200, in default taken to jail.

Continued until next term:

  • Mary Lowe et al vs. Rachael B. Guard.
  • Christian Snyder et al vs. Henry Koch et al.
  • Omer T. Ludlow, guardian, vs. James Muir.
  • Elvira Daily et al vs. Nancy McLellan et al.
  • John D. Morgan vs. Alpha Morgan et al.
  • Sarah Edmunds vs. Emily Brevoort.
  • State ex rel Geo Green vs. Richard Hubbart.
  • C. C. Johnson vs. F. M. Johnson et al.

Lawrenceburg Register – 13 Feb 1879 – Page 3, Column 3


State ex rel Catherine Mitchell vs. Charles Ransom; bastardy. Continued.

Isaac Hayes vs. Otho Lowe et al. Stricken from the docket and costs paid.

Abiah Hayes vs. Otho Lowe et al. Stricken from the docket.

Zeph Heustis vs. Sylvester J. Walker. Judgment against defendant for $1804.29.

W. W. Lamar et al vs. City of Aurora et als. The regular Judge having been counsel for the defendants, declines to try the above cause, and names George M. Roberts. William H. Bainbridge and Francis Adkinson from whom a Judge will be selected. The plaintiffs strike off the name of George M. Roberts, the defendants strike off the name of W. H. Bainbridge, leaving Francis Adkinson to be appointed Special Judge to hear the cause.

Philip Miller vs. John V. Rockafellow. Judgment against plaintiff for costs.

John Medosch vs. Peter Pitsch. Dismissed at plaintiff’s cost.

Columbus Johnston vs. John Huston et als. Dismissed at defendant’s costs.

Frederick Rectanus released upon his petition from the bond of Levi Cornwall, constable of Centre township. The Judge further decreed that Cornwall be removed from his said office, and the same be declared vacant.

Wm. H. Mansfield vs. Katie LaFonte et al. Judgment against defendant for $354.

Millie A. Voshell vs. Alfred A. Voshell. Divorce. Dismissed at defendant’s cost.

Israel Crist vs. William F. Hart et als. Continued.

State vs. Alonzo Smith. Pleads as not guilty.

Estate of James Dair vs. Andrew Vetter. Judgment against defendant for $308.

Estate of James Dair vs. John E. Lancaster. Judgment against defendant for $644.

State vs. Mary Corcoran and State vs. Martin Corcoran. Surety of the peace; dismissed.

State vs. Frank Carroll. Attempt to provoke; dismissed.

State vs. Alonzo Smith. Abduction &c. Two cases. Motion to quash sustained in both cases.

Levi R. Morrill made final report as administrator of the estate of John H. Parker and was dismissed.

Ezra G. Hayes appointed guardian of the minor heirs of Laura M. Hayes. Bond $2000.

Charles Licking made final report as administrator of the estate of John F. Licking.

Leonard, Kelurah, Margaret and Melanchton Wicks of Manchester were declared persons of unsound mind and incapable of managing their own estates.

The following cases were continued:

  • State vs. Pat McLeaster; manslaughter.
  • State vs. Henry H. Chance; assault and battery.
  • State vs. Frank Skelton; assault and battery.
  • State vs. Thomas Ferell; assault.
  • State vs. John Steig; petit larceny.
  • State vs. John and William Short; burglary.
  • State vs. P. Henderson; petit larceny.
  • State vs. Gust Marski; petit larceny.
  • State vs. Enos K. Jones; grand larceny.
  • State vs. Ernst Noble; embezzlement.
  • State vs. John Kelly; desecration.
  • State vs. Anthony Hayes; same.
  • State vs. John Dugan; same.

The following cases were dismissed:

  • State vs. Mary McCormick; fornication.
  • State vs. Patrick Maloney; grand larceny.
  • State vs. Lewis Garrison; malicious trespass.

Lawrenceburg Register – 20 Feb 1879 – Page 3, Column 3


Sarah Criswell, administrator of the estate of Robert Criswell, vs. Abram Epstein et al. Judgment against defendants for $500.

State vs. Thomas J. Pickelheimer; motion to quash indictment for false pretense sustained, and defendant discharged.

D. H. Stapp vs. W. W. Mead and many others; judgment in favor of Stapp for $150; judgment in favor of W. C. Henry for $[?].

Motion for new trial in Omer Pierce’s case was overruled, and he was sentenced according to the verdict of the jury.

Wolf Dennerline was excused from serving on the petit jury, and Zehial Buffington substituted.

Omer Pierce vs. James Walker; plaintiff dismisses action at his own cost.

M. & S. Heyman vs. Jos. Mooney Jr., judgment against defendant for $1827.85.

Henry Stenger makes final report as administrator of the estate of John Spinner.

Jasper Ross appointed guardian of L., K., M., and M. Wicks, persons of unsound mine. Bond $700.

Benj. Plummer makes final report as guardian of Edward Mason, and presents his resignation. Report and resignation received and accepted. T. T. Annis was appointed guardian in his stead. Bond $4,322.

The court ordered that all executors, administrators and guardians who have failed to make a report of their proceedings since the November term, 1876, be cited to make such reports before the 3d day of March.

J. M. Harper makes final report as guardian of Thomas M. Harper, and is discharged.

George V. Churchill makes final distribution of the estate of Isaac L. Cannon. The dividend is 31 7/8 percent of their claims.

The court and prosecution being satisfied that Alonzo Smith, charged with abducting his niece for purpose of prostitution was not guilty ordered his discharged. He was bound over in the sum of $500 to appear at the next term of court upon the charge of seduction.

Lawrenceburg Register – 27 Feb 1879 – Page 2, Column 3


State vs. Thos. J. Pickelheimer. Embezzlement &c. Continued until March 3d.

John G. Meyer vs. John E. Meyer et al. Judgment against plaintiff for costs.

W. W. Lamar et als vs. City of Aurora et als. Proceedings before Judge Adkinson. Judgment against plaintiffs for costs.

John K. Thompson allowed $24 for services as Judge in the case of State vs. Pierce.

State vs. Jacob Pfalzgraf. Selling to person intoxicated. Dismissed by Prosecuting attorney.

State vs. John L. Rand. Provoke. Verdict of not guilty.

Oliver B. Liddell vs. Alex. Beckman. Judgment against defendant for $100.
James Skelton vs. F. & G. Schroeder. Judgment against defendant for $80.26.

John F. Sonderman makes final report as administration of the estate of Daniel Dinan and is discharged from said trust.

Michael Weibel makes final report as executor of the estate of Nicholas Singer.

Simon Diedling makes final report as Guardian of Heinrich Diedling and is discharged.



August Faehr vs. John T. Schrader and Ernest Schroeder. On note. Demand $75.

Chas F Meyer vs. same. On note.

Rhoda E. Marsh vs. Enoch H. Miller. On note. Demand $300.

Levi T. Jackson vs. John C. Younker. On note and mortgage. Demand $1200.

Rhoda E. Marsh et al vs. John E. Lancaster et al. On note. Demand $250.

J. H. Burkam vs. Edward S. Ludlow. Recover rent. Demand $600.

Lawrenceburg Register – 6 Mar 1879 – Page 3, Column 3


Town of Cochran vs. Robert Fuller, and Center township vs. Sidney Upton, dismissed.

A voluminous transcript has been filed by Aaron Huffman, appealing from an assessment made by the City Council of Aurora for the sum of $30.41, for street improvements.

No Court on Friday, 28th inst.

Saturday March 1, call of the civil and probate dockets.

Robert vs. Kassan. Damages for assault and battery. The evidence introduced exhibited Robert as giving punishment as well as taking it. Case ended by withdrawal of a juror by plaintiff.

Logan vs. Blasdell. Dismissed at plaintiff’s request. Judgment costs to be paid by —; taxes at $—, leaving the officers whistling for fees till the blanks are filled.

B. Bettman vs. Levi Cromwell. Dismissed for want of prosecution.

Amor Rumsey appointed administrator of John Rumsey, deceased.

T. T. Annis qualified as guardian of Albert R. Mason, insane.

Petition for partition granted Solon Early and others, and Heber Haynes appointed commissioner to sell real estate.

Isaac Hayes, administrator &c., vs. Enoch H. Miller. Judgment against defendant for $19.54.

Isaac Hayes, administrator &c., vs. Bulah Lowe. Judgment against defendant for $149.87.

Warren West and Ezra Hayes, executor &c., vs. Joseph H. Guard. Judgment against defendant for $1200.

Ann Kuhn et al vs. Mary E. McClure et al. Partition. The commissioner makes reports of sale of real estate. Division of proceeds ordered.

The following final reports of estates have been made during the week:

  • Guardianship of heirs of N. Ritzie.
  • Estate of H. Sunderbruch.
  • Guardianship of Sarah A. Ellis.
  • Guardianship of Thomas Langley.
  • Estate of Sophia Ortman.
  • Estate of Abram L. Vail.
  • Estate of Frederick Meyers.
  • Guardianship of Cora Nolan et als.
  • Estate of Wm. H. Churchill.
  • Estate of George Johann.
  • Guardianship of C. & L. Scherger.
  • Estate of John Smith.
  • Estate of Elizabeth Darling.
  • Estate of James S. Fleming.
  • Guardianship of Emsley E. Hutchinson.
  • Guardianship of W. H. O’Brien.

Lawrenceburg Register – 13 Mar 1879 – Page 3, Column 3


Joseph C. Vandolah, Adm’r, &c., vs. Dean Thompson. Judgment against defendant for $249.15.

Abram Lozier and James C. Cordry vs. John R. Thompson and others; proceedings supplementary to execution. Judgment against John R. Thompson for $1350.

John H. Thompson vs. John R. Thompson and others; foreclosure. Judgment against J. R. T. for $1115.

Andrew Young vs. E. B. Dobell. Stricken from the docket for want of prosecution.

Frank R. Boldry vs. Job Miller. Judgment against defendant for $25.

O. & M. R. R. vs. Strawder Cheek. Continued.

Rhoda E. Marsh vs. Enoch H. Miller. Judgment against defendant for $268.15.

George B. Fitch appointed Receiver in case of Hayes vs. Guard.

Hamilton Conaway vs. Rudolph Wolf. Before Thompson, Judge. Dismissed at defendant’s costs.

Johannes Reickert vs. John Trulock and many others. Judge Roberts rendered special findings of fact and conclusions of law deduced in the premises in favor of the defendants. Judgment against plaintiff for costs.

W. H. Thompson vs. Joseph Hansel. Judgment against defendant for $426.50.

Edwin H. Curtis vs. W. H. Small. Judgment against defendant for $571.82.

Ellender Taylor vs. Benj. Taylor; divorce. Dismissed by plaintiff.

State vs. Elizabeth Donaldson; assault and battery. Pleads guilty, and fined $1 and costs.

Samuel Yuntz vs. Jacob Haas. Jury find for plaintiff, and assess his damages at $63.40.

Final reports were made in the following estates and guardianships:

  • Guardianship of James C. Crave.
  • Guardianship of heirs of David Redding.
  • Guardianship of Maria Beckman
  • Guardianship of heirs of Geo. W. Chisman.
  • Guardianship of Jacob and Henry Koehler.
  • Guardianship of heirs of Henry Pruizel.
  • Guardianship of heirs of Peter Renner.
  • Guardianship of Mary and Sarah Knowles.
  • Guardianship of Mary Ann Barkley.
  • Guardianship of Austin Trulock.
  • Guardianship of W. W. Johnson.
  • Guardianship of Charles Graves.
  • Guardianship of Emma Mason.
  • Estate of John Kerrigan.
  • Estate of Hermann Jaeger.



Robert Huddleston vs. Julia A. Ewbank; on note. Demands $150.

Aurora Loan and Building Association vs. Geo. Oswald. Foreclosure.

Abiah Hayes Jr. and many others vs. Timothy Guard et al. Partition and other relief.

Lawrenceburgh Building Society vs. Samuel Metzger. Foreclosure.

First National Bank of Lawrenceburgh vs. Ezra G. Hayes; on notes. Demand $5,700.

Magdalena Geiling vs. Leonard Gearhard et al; on Trustee’s bond.

John Kneacht vs. George Wilhelm et al; on note. Demand $300.

Harding & Robbins vs. Enoch H. Miller; on note. Demand $300.

M. H. Harding vs. same; on note. Demand $700.

Lawrenceburg Register – 20 Mar 1879 – Page 3, Column 3

Andrew J. Hodson vs. Martin Shireman et al. Jury find for the defendant.

Robert Huddleston vs. John A. Ewbank. Judgment against defendant for $145.90.

Thomas Acra, surety of the peace. Released upon his own recognizance.

John Warner vs. Clarissa Daniels. Judgment against plaintiff for costs.

James McBride vs. Ezra G. Hayes et als. Judgment against plaintiff for costs.

George Steinmetz, Trustee, &c., vs. Joseph Grittman. Jury find for the defendant.

Victor Sewing Machine Co. vs. George Steinmetz. Judgment against defendant for $94.50.

Jeff Johnson vs. Marinda Johnson. Divorce. Dismissed by plaintiff.

Bettie Epstein vs. Hannah Marshall et al. Judgment against defendant for $375.

Bettie Epstein vs. Frank Messang. Judgment against defendant for $125.

R. M. Bishop allowed $5, and John G. Shanklin $2 for making out requisition for Sam. Bowles.

Singer Machine Co. vs. Gerhart Martin. Judgment against defendant for $62.55.

State ex rel Carrie Maxwell et al vs. James Rodocker. Judgment against defendant for $217.89.

The Wesler case has been amicably adjusted.

Rand vs. Sweazy. Judgment for plaintiff for possession, and one cent damages and costs.

Lozier vs. Dunn. Judgment for plaintiff for $37.

Weilman vs. Foltz; Swearzy vs. Rand; Robinson vs. Carbaugh; dismissed.

Lawrenceburg Register – 27 Mar 1879 – Page 3, Column 3


E. L. Jaquith makes final report as administrator of the estate of General S. Jaquith.

John P. Walker makes his final report as administrator of Sarah Killeen.

The will of Eben Heaton was probated.

Amos Rees makes final report as administrator of Jacob Rees.

Margaret Wesler, widow of Christ Wesler, the deceased partner of Wesler Bros., presents her petition praying for the appointed of a receiver for the partnership. Fred Wesler is notified to appear in court before the 29th of March, and show cause why a receiver should not be appointed.

Judgment was rendered in the following cases in favor of the defendants:

  • Rissell vs. Schroeder.
  • Muhlholland vs. White et al.
  • Ruckert vs. Mundary et als.
  • Kennedy vs. Hayes.
  • Steinmetz vs. Grittman.

Samuel Junts vs. Jacob Hass. Judgment against defendants for $63.40.

Abram Lozier vs. William H. Dunn. Judgment against defendant for $37.

Jacob Hass vs. W. F. Howard. Judgment against defendant for $92.83.

State ex rel Mary Bonnell vs. Jacob H. Miller; bastardy. Judgment against defendant for $612.

John Fox, Executor, &c., vs. Edward F. Churchill. Judgment against defendant for $940.

State ex rel James R. Silvers vs. Benj. F. Vail et als. Judgment against defendants for $1,475.

Frederick Wesler vs. Margaret Wesler et al. Court decides sale of real estate to Israel Crist as binding. Plaintiff ordered to report to this court as surviving partner of Wesler Bro. partnership.

James McKinney vs. Floyd Clark. Judgment against defendant for $679.87.

George Siemantle et al vs. Rosina Noble. Judgment against defendant for $1463.17.

Peter Hartman vs. James Liddle. Judgment against defendant for $149.64.

August Faehr vs. J. & E. Schroeder. Judgment against defendants for $33.

C. F. Meyer vs. same. Judgment against defendants for $115.80.

Julia Arnold vs. Pat McQuad et als. Judgment against P. McQuad and Margaret McQuad for $873.

Lawrenceburg Register – 3 Apr 1879 – Page 3, Column 3


Final reports were made in the following estates and guardianships:

  • Estate of Thomas Jeffries.
  • Guardianship of Mary Ann Velton.
  • Guardianship of heirs of Jacob Ross.
  • Estate of Joseph Sanks.

The Court ordered the arrest of all guardians and administrators who have failed to report their doings as per the order of the court.

Amy M. Dunn is declared a devisee, and entitled to receive a distributive share of the estate of Isaac Dunn.

Fred Wesler made a report as surviving partner of the late firm of Wesler & Bro. the report is approved as to the amounts with which he charges himself, and refuses to approve the report as to failure to sell real estate.

W. H. Bainbridge is allowed $32 for serving as Special Judge in the case of Cobb vs. McHenry.

Anton Schneider presents his resignation as commissioner in the case of Schneider vs. Koch, and Wm. Schneider is appointed in his stead.

Emma M. Rose vs. Hannah Marshall et al. Partition of real estate.

John Cobb vs. B. N. McHenry et al. Judgment against defendants for $1022; plaintiff to pay his costs and defendants to pay their costs.