Dearborn County Circuit Court Proceedings – Sep 1873

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

Aurora Dearborn Independent – 11 Sep 1873 – Page 2, Column 3

Circuit Court Report.
September Term, 1873—Before Judge O. F. Roberts.

The State vs. John Burbank; indictment for public indecency.—Plea of guilty and fined $10. This case was tried at the last term by a jury, but the jury did not agree.—Costs about $50.

The State vs. Paul Truitt—Recognized to this court for manslaughter, in the shooting of Peter Miller. The Grand Jury at this term, heard the testimony, refused to find a bill, and recommended that the defendant and his sureties be discharged from the recognizance, which, on motion was done. Truitt may be indicted by any Grand Jury hereafter.

Nos. 700 and 701, State vs. Isabella Dodd and Geo. Kirkwood—Indictments for adultery. In these cases after being imprisoned awaiting trial, they concluded to atone for their offences by getting married. They were brought into court and married by the Judge, who then fined each one dollar and imprisoned them one hour for past offenses.

James Dinar vs. the O. & M. R. W. Co.—Dismissed at costs of defendant.

The City of Aurora vs. Andreas Smith—Charged under an Ordinance of the city with keeping a gaming house. Dismissed at the cost of the city at the adjourned term.

No. 18—Clara Balzner et al vs. Peter Nead. Dismissed at plaintiff’s costs.

No. 21—Hannah Goodwin vs. Chalon Goodwin. Divorce. Dismissed.

No. 27—N. S. Givan vs. The City of Lawrenceburgh. Action for services as attorney. Dismissed at defendant’s costs.

No. 95—Jacob Heck vs. Christian Wesler. Action for false imprisonment. Judgment on verdict for one cent damages.

No. 144—John Alexander vs. Nancy A. Tanner, et al. Judgment of foreclosure and for $320.

No. 145—Julius Hauck vs. John Kirchman, dismissed at plaintiff’s costs.

Nos. 184, 185, 186, 187 and 188 being a batch of cases brought by Manlove, Receiver of the Farmers’ and Mechanics’ Ins. Co., against Day, Scheffer, Gross, Curry and Bowers, on premium notes, were dismissed at the plaintiff’s costs.

No. 206—State on relation of Jane Saunders vs. A. W. Bruce et al. Suit on Administrator’s bond. Dismissed; each party paying one half of the costs.

No. 231—John Wall vs. Conrad Brandt et al. Foreclosure and judgment for $53.83.

No. 244—Francis Buffington vs. The City of Aurora. Dismissed at the adjournment of term at plaintiff’s costs.

No. 265—Joseph Tittill vs. Thos. J. Lucas. Dismissed.

No. 286—Michael Hoff vs. Frederick Yohan et al. Judgment for foreclosure and $298.

No. 288—Belinda Johnson et al vs. J. Scott Kelsey. Partition. Sale decreed.

No. 272—Mariah Rohlfing vs. Rosana Rohlfing. Partition. Sale of real estate reported and deed executed.

No. 316—William Cure vs. Emily E. Cure. Divorce. Dismissed at plaintiff’s costs.

No. 321—Ignatz Panter vs. Ezra Guard. Dismissed at plaintiff’s costs.

No. 323—Milburn Thetgee by his next friend, A. C. Thetgee, vs. Angelina B. Jones. Breach of marriage promise. Dismissed at plaintiff’s costs, because the next friend had not filed written consent to be responsible for costs before process was issued.

No. 327—Peter Petre vs. Louis Quellhorst et al. Foreclosure and judgment for $731.55.

No. 330—Wm. Vosmeir vs. Herman Knippenberg, et al. Foreclosure and judgment for $1126.40.

No. 336—Seth C. Foster vs. Jos. I. Barnhart. Foreclosure and judgment for $218.15.

No. 337—Robt. Criswell vs. Henrietta Chisman et al. Foreclosure and judgment for $244.50.

No. 44—W. H. Tholke vs. John R. Miller. Dismissed at plaintiff’s costs.

No. 345—Katharina Roth vs. David B. Wright. Judgment on note for $127.56.

No. 346—Katharina Roth vs. Firman Marshall. Judgment on note for $99.

No. 351—Henry Reuther vs. Phillip Metz. Dismissed and costs paid by plaintiff.

No. 353—Chas. White vs. Erastus B. Hayes et al. Judgment on note for $304.50.

No. 355—John Emmert vs. Jacob Zapp. Action to set aside deed. Defendant defaulted and judgment for plaintiff.

No. 365—John Guhman vs. Hart Epstein. Judgment on note for $282.50.

No. 377—Ex Parte. E. B. Hunt et al. Judgment for partition.

No. 333—Geo. Clements vs. Sallie Kloebel et al. Judgment of partition and sale of land decreed.

No. 339—Thos. Wilson vs. Charles Libbertt et al. Judgment on note for $450.

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

Circuit Court Report.
September Term, 1873—Before Judge O. F. Roberts.

We continue the report of cases finally disposed of at the present term, together with such items of interest as may transpire.

On Monday morning the 15th inst., the Petit Jury came, whereupon the following persons were empaneled as such Jury for this term: S. Greenham, Rudolph Monke, Gideon Renner, Wm. Duncan, Job Blake, Oliver F. Cloud, Ad. Glaub, John Kennedy, Ed. Jackson, Benj. Bruce, O. P. Miller, and Hugh Houston.

There is one virtue in the above jury: there is not a “hanger-on” to be found among them. All are new men and will make an excellent jury.

Since our last report, the following cases have been finally disposed of:

No. 136—Mary E. Wrennick vs. Harrison’s estate. Dismissed at defendant’s costs.

No. 158—T. E. Craig vs. Tanner’s estate. Dismissed at costs of plaintiff.

No. 179—F. A. York et al vs. Rudolph’s estate. On account. Judgment for plaintiff for $97.44.

No. 180—Aurora Gas Co. vs. Rudolph’s estate. Claim for $22.06. Allowed.

No. 181—J. M. Kreitner vs. Rudolph’s estate. Suit on account.—Judgment for plaintiff, $8.45.

No. 182—Amburgh & Bro. vs. Rudolph’s estate. Action on note—Judgment in favor of plaintiff for $1848.20.

No. 183—G. F. Randall vs. Rudolph’s estate. Claim on account. Allowed $153.57.

No. 485—James Griffith vs. Estate of Joshua Yerkes. This was an action to recover compensation for nursing and boarding deceased the last six years of his life. Trial by Court and judgment for plaintiff for $750. The testimony showed it was worth from $3 to $6 per week to take care of the old man.

No. 187—W. H. Bainbridge vs. Sherbaugh’s estate. Claim of $5 allowed.

No. 190—Chambers, Stevens & Co. vs. G. M. Chisman’s estate. Suit on account and judgment for $79.87.

W. B. Miller vs. Shuman’s estate. Claim for balance on judgment of $24.68. Trial and judgment for plaintiff for full amount of claim.

No. 686—The State vs. Geo. Link. Indictment for malicious trespass, dismissed.

No. 687—The State vs. J. Firsag. Indictment for same offense. Dismissed.

No. 690—The State vs. Chris Reiner. Assault and battery. Dismissed.

No. 691—State vs. Michael Reiner. Assault and battery. Dismissed.

No. 667—State vs. D. Robinson. Indictment for failing to return marriage license. Dismissed.

No. 98—J. H. Thompson vs. McDonald Cheek et al. Dismissed at plaintiff’s costs.

No. 146—John Todd vs. Jas Weaver. Dismissed at plaintiff’s costs.

No. 255—Jacob Trester vs. T. L. Chisman et al. Dismissed because the plaintiff refused to plead further.

No. 295—T. E. Scoby vs. Lytle W. Parks and wife. Judgment of foreclosure and for $794.37.

No. 303—Charles Schott, Trustee etc. vs. The Commissioners of Dearborn Co. Appeal from an order of the Board. Dismissed because an appeal does not [?] at appellant’s costs.

No. 349—S. W. Conger vs. Seth Platt et al. Action on note and judgment against Platt for $1162.95, and continuance as to the other defendants.

No. 362—Jennie Henser vs. Josephus Buffington. Action for slander. Judgment for plaintiff of one cent damages and costs.

Ex Parte. Margaret Brogan et al. Judgment for sale of premises, and Schwartz, Commissioner, to sell the land. Bond of Commissioner, $6,000.

No. 398—Ex Parte. Margaretta Hanbold et al. Judgment for sale of land. Schwartz, Commissioner, to sell land. Bond $3,500.

No. 199—Henry B. Fenton vs. The Western Union Telegraph Co. Suit to recover damages for failing to deliver to plaintiff a dispatch. Trial by the court, which after hearing all the testimony, rendered judgment for plaintiff for $210. Motion by defendant for a new trial pending.

No. 718—State vs. Henry Haas et al. Information for riot. Trial by the Court and a finding of not guilty.

No. 737—State vs. George Fox—Charged with assault and battery. Trial by the court and a finding of guilty. Fine $5 and costs.

No. 719—State vs. Isaac B. Ward, Chas. Angevine and John Sawyer. Indictment for kidnapping. This cause was called for trial and a jury empaneled on Monday. The trial in progress up to Wednesday morning and had not concluded when we went to press. It is attracting a great deal of interest, as it is the first case under this charge, as we are informed that has ever been tried in Dearborn County. We will give the result next week.

Aurora Dearborn Independent – 25 Sep 1873 – Page 2, Column 2

September Term 1873—Before Judge O. F. Roberts.

The business of the Court is being pushed forward rapidly. The following cases have been finally disposed of since our last report:

No. 115—W. H. Swales vs. O. Tonsey’s Estate. Claim on account. Trial by the Court and finding for the defendant.

No. 719—The State vs. Isaac Ward, Charles Augevine and John Sawyer. Kidnapping. This case, after argument of Counsel and charge of the Court, was submitted to the jury at 1 o’clock p.m. on last Thursday. The Jury retired and after an absence of fifteen minutes returned the following verdict: “We the Jury find the defendants not guilty as charged in the indictment. Gideon Renner, Foreman.” On inquiry we find, as stated in our last issue, that his is the first kidnapping case ever tried in Dearborn County.

No. 79—Edwin Gipson vs. Elizabeth Gipson. Divorce. Dismissed at Plaintiff’s costs for want of prosecution.

No. 208—J. H. Burkam vs. J. C. Hayes. In this case the plaintiff and also the defendant have made application for a struck jury; which was granted.

No. 721—The State vs. Edward Hayes. Assault. Dismissed on motion of the Prosecuting Attorney.

No. 379—D. M. Guard et als vs. Martha Wheelock. This was an application to have a credit entered on a judgment. Amount of credit $303. Trial by the Court. Application refused.

No. 377—Ex-Parte. E. B. Hunt et als. Partition. The Commissioners made their report which was approved, whereupon the cause was stricken from the docket. This case involved the division of the Real Estate belonging to the estate of Jesse Hunt, deceased.

No. 736—The State vs. Johnathan L. Blasbell. Information for carrying concealed weapons. Nolle Prosequi entered by the Prosecuting Attorney.

No. 720—The State vs. Amos Bruce et als. Information for trespass in moving a poplar log from the lands of Frederick Krete. Trial by a jury. Finding a guilty as to Amos Bruce and a fine of $50 assessed. Not guilty as to the two younger brothers of Amos. The testimony showed the log was worth $10. The Statute is positive that the fine is such case shall be five times the value of the article removed.

No. 741—The State vs. Frank Know. Indictment for assault and battery with intent to kill and murder one Jacob Matticks. The defendant was arraigned, plead guilty, and was put on trial before a jury last Monday. On Tuesday the jury returned a verdict of not guilty as to the intent kill, but guilty of an assault and battery, and assessed his punishment at a fine of $50 and imprisonment in the County jail for 60 days.