Switzerland County Circuit Court – Jan 1895

Switzerland County, Indiana, Circuit Court report appeared in:

Vevay Reveille – 17 Jan 1895 – Page 4, Column 2

Switzerland Circuit Court—Judge Downey.

The following persons composed the Grand Jury: James D. Glenn, Wm. H. Oatman, Harry N. Philips, A. P. Dufour, Edgar Dibble, and Charles McVey, (to fill vacancy because R. A. Harris not a resident of county.)

Frederick Wesler vs. the city of Lawrenceburg. Taken to Supreme Court and revered, opinion of Court spread on record. Appeal to pay appellant $84.15, costs. January 12, case finally compromised by agreement, and to be dismissed on first day of next term. City to pay Wesler $1600, and to vacate a part of street.

The Grand Jury returned five indictments.

Thomas Stevens et al vs. Stephen Stevens et al. Lewis F. Works Commissioner, reported sale of real estate, which was approved.

Cecile H. Shaw et al vs. James M. Crawford et al. Partition of land. The report of Martin G. Keeney. Franklin P. Muret and Milo Ogle, Commissioners, approved and land apportioned.

State vs. John W. Neal. Assault and Battery with intent to murder. Tried by Jury—Wm. Tait, James Kincaid, Jas. B. Ramseyer, J. B. Waldon, Geo. H. Vandever, James Hooten, Merit H. Banta, Oliver M. Smith, James B. Wallick, James Stewart, Geo. Bunger and Thomas Gilbert. Verdict, not guilty.

Judge Downey has appointed Hon. W. D. Ward to hold Court next Monday. He to try the case of Prudence McCreary vs. Laughery Turnpike Co.

Vevay Reveille – 31 Jan 1895 – Page 4, Column 3

Switzerland Circuit Court—Judge Downey.

Levi Block vs. Henry C. Swango; damages. Supreme Court sustained decision of lower Court, spread on record. For defendant.

John Dennis et al vs. Will L. Mier; on note. Judgment for $190.00.

Rufus Dibble et al, ex parte partition, George W. McKay and Luther C. Buck, Commissioners, filed report of partition.

Francis R. Dufour et al, ex parte partition. M. G. Keeney, Alfred Shaw, Ebenezer Phillips, Commissioners, filed report of partition.

State vs. Walter Jennings; petit larceny. Not guilty.

State vs. seven boys for burglary. Tried by Jury. Two boys not guilty. Three sent to jail for ten days. Clifford Plew and Ed. Sturgeon sent to Reform School for boys.

State vs. Henry Greise, petit larceny. Guilty, and sent to penitentiary one year.

Ordered by Court that bail be required on indictments returned: Burglary, $500; grand larceny, $500; assault and battery, $50; provocation, $50.

William Cousin et al vs. Thomas Cousin; for partition. George W. McKay, Lewis F. Works, and Thomas McCreary appointed to partition the land.

George Ertell & Co. vs. George Walden and Jonathan M. Clark; to foreclose mortgage and for appointment of receiver. Judgment for plaintiff.

State ex rel Joseph E. Hart, Auditor of Switzerland County, vs. Mary C. Lostutter et al; foreclosure of school fund mortgage. Judgment for $1596.56.

Rodie F. Grisard et al vs. Zellie C. Dufour et al; for partition of Grisard estate. James M. Scott, Alfred Shaw, and George McKay, Commissioners, filed report of partition; and by agreement of all parties any one desiring to file exceptions to report allowed until first day of next term to do so.

Before Hon. W. D. Ward, special Judge to try case of Prudence McCreary vs. The Laughery Turnpike Company, for possession of real estate. Brought here on change of venue from Ohio County. The following were empanelled as a Jury to try the case: Joseph B. Ramseyer, Frank Rosenberger, James Buchanan, Albert Ricketts, Alex. Anderson, James Leap, Alfred Banta, Leander Clendenning, Oliver S. Johnson, Eugene Tardy, James Anderson, and Charles Noble. The Jury found for the plaintiff, that she is the owner of the land in dispute; gave her possession, and that the defendant pay her $25 damages. The Jury also answered nine interrogatories, which we condense as follows:

1, Yes, a part of land described in complaint does lie within the limits of the defendants turnpike road.

2d, Yes, James Holmes, then in life, did own the land described in complaint when toll house was built.

3d, Yes, said Holmes did own the land in 1875, at time addition was built to toll house.

4th, Yes, he did know that such building and addition were on same land from 1875 to the time of his death, in 1892.

5th, Yes, he did object to the maintenance of the toll house and toll gate, and did make his objections known to the Turnpike Company.

6th, Yes, he did accept the privilege of traveling said turnpike from his farm gate to Laughery Creek bridge without paying toll, as a consideration for allowing said defendant Turnpike Company to maintain said toll house and toll gate on said land.

7th, Yes, the Company did expend money, labor and material in building said toll house on the land in controversy—1844 and 1857.

8th, Said Holmes lived 250 yards from toll house.

9th, Yes, said Holmes did pass by said toll house within ten feet in going from his residence and returning thereto, for more than fifteen years.

The Court by agreement of parties, gave until next term to file a motion for new trial, or any other motion counsel may desire. The case vas vigorously contested by the many attorneys on both sides. Judge Ward proved himself entirely competent to try the difficult case, and by his fairness, impartiality and clear statement of law, won the respect and good will of the many attorneys in the case.

Vevay Reveille – 7 Feb 1895 – Page 4, Column 1

Switzerland Circuit Court—Judge Downey.


Mahala D. Searcy, guardian of Abbie Searcy. Final report approved.

Estate of Mary E. Wilson. Final report of John W. Knox, administrator, approved.

Estate of Peter Nichols, deceased. Cornelius Burns allowed claim of $3.40.

Estate of Lavina J. Griffith, deceased. Dr. Scott Culbertson allowed claim of $25.

James Shaw, guardian of Eddie Shaw. Final report approved.

Estate of James C. Park, being under $500, set off to his widow Susie E. Park.

Estate of Charles W. Clements, being $500, set off to his widow, Emma Clements.

Estate of George Adams, being under $500, set off to his widow, Louisa Adams.

Guardianship of Lulu and Hiram Williamson, minor heirs of Hiram Williamson, deceased. Harvey E. Walker, guardian. Report approved, and discharged as to Lulu and continued as to Hiram.

Estate of Oscar Leap, Albert E. Roberts administrator, presented his resignation, and he to be finally discharged upon payment of cost of administrator.

Estate of William Driver, deceased. J. W. VanOsdol and son allowed claim of $22.30.

Guardianship of Fleming Cousins, insane. Final report of Henry Cousins approved.

Guardianship of Della May Lock, F. M. Griffith reported sale of real estate, which was approved.

Guardianship of Frankie L. Stucy et al, minor heirs of Henry Stucy, Jr., deceased. Barbara Stucy reported sale of real esate, which was approved.

Guardianship of David Henry, legatee under will of David Henry, deceased. Eli S. Henry at his request finally discharged.

The acts of the Clerk during vacation were approved.

Several administrators and guardians made partial reports and their cases continued.