Ohio County Circuit Court Proceedings – Feb 1871

Proceedings of the February Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 23 Feb 1871 – Page 2, Column 3

Ohio County Circuit Court.
RISING SUN, Feb. 20.

This Court convened on the 13th inst., Judge Hanna on the bench. “The course of true love never did run smooth,” it is said, and perhaps this will also apply to the law business. Collisions on the river and on the railroad are often heard of, but we had a collision of Judges on Wednesday. They came together, butted a while, but no particular damage was done to the machinery. For this accident perhaps the engineer is to blame. Judge Lamb appointed Judge Berkshire to hold a special term of Circuit Court to try an old State case brought over from Franklin county. It is entitled “State ex rel. McCarty vs. Pepper et. al.” Judge Hanna, however, who is running over Circuit Court train, concluded to appoint Judge Carter to try the case at the same time and place. Hence the collision. After knocking legal heads together for a while, said heads agreed to postpone the case until April, to be tried in Franklin county before Judge Carter.

Cases before our Circuit Court and continued are too numerous to mention, and only those which arrived at a verdict will be briefly considered.

The attorneys in attendance were Messrs. Holland, Barbour, Binkley, Haynes, Given, McMullen and Prosecuting Attorney Brumblay from other counties, and Messrs. Davis, Stewart, Coles, Downey and Spencer of Ohio county; also J. S. Jelley and J. F. Bellamy, of Kansas. Supreme Judge Downey dropped in for a short time on Tuesday. That old mill—the grand jury—was started to grinding, with J. B. Gerrard as foreman.

State vs. Norris. Giving liquor to a minor. Plea of guilty; $5 fine.

State vs. George Murdock. Assault and battery. Plea of not guilty—acquitted.

Maria J. Downey et al vs. Erastus S. Downey et al. Partition—report of Commissioners confirmed.

Isaac Heyn and Samuel Heyn vs. Jamieson. Attachment—judgment for plaintiffs of $73.

David Lostutter vs. Wm. E. Jelley. Attachment—judgment for plaintiff of $792.

Harriet Jones vs. John Jones. Divorce—divorce granted.

Eliza Sisson vs. David Sission. Divorce—granted; alimony $900.

G. W. Miller vs. Virginia Miller. Divorce—granted.

Samuel F. Lindsay vs. Electa Lindsay. Divorce—judgment for the defendant on cross complaint. Divorce granted; defendant to have custody of the child and $600 alimony. This case excited considerable interest and was a full day’s work.

Joshua R. Crouch brought suit against the County Commissioners for refusing him license to sell liquor. After a partial trial the casee was worked entirely out of Court, much to the surprise of his attorneys.

The term closed on Saturday.