Dearborn County Circuit Court Proceedings – Dec 1873

Proceedings of the December 1873 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 4 Dec 1873 – Page 2, Column 1

Before Judge Roberts.

This is the third week of the Dearborn Circuit Court. On last Monday the Petit Jury was empaneled, and is composed of the following gentlemen: J. B. Johnson, Melville Cannon, Columbus Johnson, Peter Emmert, John McMullen, J. B. Bruce, Z. B. Sisson, Martin Trester, Geo. Boli, John Meyers, Thomas Need, John L. Rand.

These are all new men, none of them having served on a petit jury for more than two years past, and a part of them were never upon a jury before. This is the result of the workings of the new law, which requires the selection of men who have not served a jurors for more than one year before their selection. Good men can always be selected by the enforcement of this law.

Since the commencement of the present term of Court the following cases have been disposed of either by dismissal or trial:

No. 739—State vs. Otto Lowe—Assault and battery. Trial by jury verdict of guilty and a fine of $3 assessed.

No. 627—State vs. Joseph McQuiston—Assault and battery. Plea of guilty and fine of $5 assessed.

No. 222—State ex rel S. A. Runnels et al vs. Jennette and Peter Hegg—Action on guardians bond for failing to account for money according to law. Trial by the Court and finding for plaintiffs in the sum of $289.

No. 235—Gideon Renner et al vs. John Heimberger and John B. Garnier. Civil action on note. Garnier being security. Trial by the judgment for plaintiffs for $556.40.

No. 238—Henry Ashoff vs. Jacob Marshall. Dismissed at plaintiffs costs.

No. 245—Joseph Russel vs. Board of Commissioners—Dismissed at plaintiffs costs.

No. 296—James C. Martin vs. J. Findley Wamsley—Dismissed at plaintiffs costs.

No. 335—States ex rel S. B. Stembower vs. John Christopher—Dismissed at defendants costs.

No. 342—Martha Pursell vs. Asa Olmstead et al—Dismissed at plaintiffs costs.

No. 357—John Curran et al vs. F. G. Appleton—Dismissed at plaintiffs costs.

No. 374—Nicholas Miller vs. Wilhelmenia Miller—Petition for divorce. Suit abated by death of plaintiff, and stricken from the docket.

No. 375—Louisa Erhart vs. Martin Erhart—Dismissed at plaintiffs costs.

No. 478—Robert Criswell vs. City of Aurora et al—Dismissed, each party paying half the costs.

No. 384—Zernah Hyland vs. Dennis Mahoney et al—Action to quit title. Trial by the Court and judgment for plaintiff.

No. 386—Geo. H. Styer vs. Geo. B. Tebbs—Plaintiff called and defaulted. Suit dismissed for want of prosecution.

No. 390—Estner Todd et al vs. John Todd—Action for portion and sale of premises decreed. F. M. Johnson appointed Commissioner, under bond of $1500.

No. 393—F. L. Lowdon et al vs. N. L. Isgregg et al—Action to foreclose mortgage, judgment of foreclosure and for $455.08.

No. 402—Charles Weltz et al vs. Antony Braun et al—Dismissed at defendants costs on payment of claims.

No. 408—Jacob Hayes vs. Chalon Goodwin et al. Judgment of foreclosure and decree for sale of mortgaged premises.

No. 419—A. A. Helfer vs. Geo. A. Riggs—Action on account. Dismissed at defendants costs on payment of claims.

No. 413—M. M. Hayes vs. D. M. Guard et al—Action on note, judgment for plaintiff in the sum of $85.19.

No. 414—M. M. Hayes vs. D. M. Guard et al—Action on note, plaintiff obtained judgment for $96.35.

No. 433—O. F. Ludlow vs. Angel Sunderbrook et al—Civil action on note. Dismissed at defendant costs.

No. 436—J. H. Burkam vs. J. H. Swope—Suit on account judgment for Plaintiff for $175.

No. 445—James Greer vs. Abram Epstien—Judgment in favor plaintiff on note for $7,645.57.

No. 446—Brookville National Bank vs. Thomas B. Calloway et als—Action on notes and bills of exchange. Judgment for plaintiff for $8,066.69.

Aurora Dearborn Independent – 18 Dec 1873 – Page 2, Column 2

Before Judge Roberts.

The following cases have been disposed of since our last report:

No. 666—State vs. Albert Snyder and others. Charge of malicious trespass. Dismissed on motion of the prosecutor.

No. 704—State vs. Ellen Ferry. Indictment for living in open and notorious fornication. Trial by a jury which lasted two and a half days. The Jury returned a verdict of guilty, and assessed her punishment at a fine of $100 and imprisonment in the county jail for fifteen minutes.

No. 682—State vs. Nicholas Winters. Charge, desecrating Sabbath, plea of guilty and a fine of $2 and costs assessed.

No. 725—State vs. John T. Lemon. Charge with becoming intoxicated. Trial by Jury and verdict of not guilty. This was the first case which has been tried in this court under the new liquor law.

No. 736—State vs. A. J. Morgan. Assault and battery. Trial by the court and finding of not guilty.

No. 737—State vs. J. C. Small. Charge of assault and battery on Mrs. Mary E. Hisey. Trial by jury and verdict of not guilty.

No. 740—State vs. Keziah A. Davis. Charged with keeping house of ill fame. Trial by jury and verdict of guilty, and fine of one cent. The Jury, it is supposed put the fine very low owing to the fact that the costs amount to about $100, which will be served out in the county jail at seventy five cents per day, as defendant could not replevy the judgment.

No. 132—John Lows vs. Wm. Hueston et al. Action to recover real estate. Trial by the court. Judgment and finding for the plaintiff. There was only about one acre of ground on North Hogan creek in dispute, but the costs amount to not less than $200.

No. 363—Peter Randell vs. The Lawrenceburgh and Napoleon Turnpike Co. Action dismissed by defendant at her costs.

No. 1774—Mary Lindsay vs. John F. Lindsay. Suit for the possession of real estate. This case was tried a year and a half ago before Judge Hanna, and ever since that time a motion for a new trial has been pending. The motion was overruled, whereupon the plaintiff prayed an appeal to the Supreme Court, which was granted.

No. 318—Amor Abden vs. Clarissa Daniels and John Daniels. Cause dismissed by agreement of parties, each to pay the costs made by them respectively.

No. 734—State vs. Mary Madigan. Information for selling intoxicating liquor to a minor, one Warren Watts, the information being found under the Baxter Liquor Law. The defendant pleaded guilty on which the court assessed a fine of $10.

No. 366—John Gulhman vs. Julius Hauck and Abraham Epstien. Action on dismissed at defendants costs.

Lorenzo D. Pelton vs. W. W. Gold, wife and son. This is an action by plaintiffs to set aside, as fraudulent, a conveyance of real estate by Gold and wife to their son. The case came here from Franklin county, on change of venue. The trial began before a jury on Wednesday of last week, and continued until Tuesday evening, a night session being held to hear the conclusion of the argument. We will give the result next week.

P. S. During the progress of the trial, Mr. Barrow, one of the plaintiffs died at Harrison, O., of lung fever.