Switzerland County Circuit Court – Mar 1892

Switzerland County, Indiana, Circuit Court reports appeared in:

Vevay Reveille – 24 Mar 1892 – Page 4, Column 2

Judge, A. C. Downey; Prosecuting Attorney, R. L. Davis.

The jury, as published last week, was impaneled, except John H. Daubenheyer, who, at his request, was excused on account of his duties as County Assessor. The vacancy will not be filled until the jury is needed.

David S. Wilbur, of Rising Sun, special Judge in case of Philander S. Sage vs. James A. Works, on account, on Monday refused the application of plaintiff for a new trial—which leaves the case as formerly decided by him, in favor of defendant.

Nine cases of criminal charges were stricken from the docket, but indictments remain in full force.

State vs. John Jones; petit larceny. Plea of guilty; sentenced to penitentiary for one year and fined $1. The prisoner was unable to walk on account of pistol shot received from Sheriff while endeavoring to escape, and was brought into Court on a cot. Monday night he was taken to penitentiary at Jeffersonville, where, of course, he will be assigned to the hospital.

Anna B. Batchelor vs. John W. Powell. Change of venue by plaintiff from county and case sent to Ohio county.

Martha J. Smith vs. Elizabeth Mendenhall et al; to quiet title. Judgment for plaintiff.

Mary Chittenden vs. David A. Stout; on note. Judgment for $60.50.

Mary A. Chittenden vs. David A. Stout, John Wesley Gardner and Ira Stout; on note. Judgment for $236.40.

Thomas F. McCreary vs. Gustaf H. Schrumpf and Wm. S. Told, partners; complaint for goods, etc. Judgment for $301.45.

Imogene Russell et al vs. Pearl Dyer. George S. Pleasants, commissioner, reported he had a balance of $163.18, which he asked to be permitted to deposit with Clerk to be distributed by Court. Granted.

Joseph Silverman, doing business as Joseph Silverman & Co., vs. Chalmers L. Gibson and John Chatelin; on account and attachment. Judgment for plaintiff, and that John Chatelin, garnishe, pay $175 to Clerk.

Tuesday evening the following order was recorded:

“WHEREAS, The wife of James. A. VanOsdol, Esq., a member of the Bar of this Court, departed this life yesterday, and her funeral obsequies are to take place at 9 o’clock tomorrow morning; and,

“WHEREAS, The officers and members of the Bar of this Court desire to join in paying respect to the deceased—therefore, for such and out of sympathy with our brother and his affliction, it is ordered that the Court do now stand adjourned until ten o’clock tomorrow morning.


Estate of John W. Howard, Thomas Carver, executor. Final report approved and he discharged, and Clerk ordered to make distribution of funds.

The Clerk reported the following action during vacation, which were approved:

Guardianship of William J. Sweezy, Francis M. Griffith, guardian. Additional bond of $1,000 approved.

Guardianship of Della Lock, Francis M. Griffith, guardian. Bond of $400 approved.

Wills probated—Samuel Wade, William A. Jackson, Theodore L. Pickett, Rebecca Campbell.

Appointment of Administrators, Executors and Guardians

  • Eliza J. Detraz, guardian of Lewis and Emma Detraz, minor heirs of Julius Detraz, deceased, bond $9.120
  • Joseph E. Hart, estate of Susan McMakin, bond $470
  • John B. Andrew, estate of John Andrew, bond $2,400
  • Philip I. Lock, guardian of James L. Lock, minor heirs of Henry Lock, bond $180
  • Jackson J. Pate, guardian of Andrew J. Norris, bond $350
  • Alvin Buchanan, estate of William A. Jackson, bond $1,600
  • George S. Pleasants, estate of Theodore L. Pickett, bond $6,000
  • Mitchel F. Banta, estate of Julius Detraz, bond $26,000
  • Dilver E. Douglass, estate of John J. Douglass, bond $1,800
  • H. B. Voris, estate of Theodore W. VanOsdol, bond $2,200
  • Isaac Edward, guardian of Capatolic, William and Oliver Lebridge, bond $20
  • Samuel W. Wade, estate of Samuel Wade, bond $800
  • George S. Pleasants, estate of Rebecca Campbell, bond $3,000

All the above acts in vacation were approved by the Judge.

George S. Pleasants, executor of the estate of Julia H. McCormick, reported sales of one lot each in Vevay to Rebecca J. Cole and Josephine Henry for $150 each. Approved.

Estate of John Langsdale, being under $500, was set off to widow, Mariam Langsdale.

Estate of Charles Norisez, being under $500, set off to widow, Rosalie Norisez.

Estate of John J. Douglass, Dilver E. Douglass, administrator, given permission to sell personal property at not less than appraised value.

Estate of Rebecca Campbell, Geo. S. Pleasants, executor, given permission to sell personal property (amounting to $201.25) at not less than appraised value.

William Cunningham, executor of estate of Wm. H. Cunningham, finding real estate was appraised by William Platt and James Moore at $550, files additional bond in the sum of $1,100, which was approved.

Estate of Elizabeth Lawrence, Waltee D. Cotton, administrator. Final report approved.

Vevay Reveille – 31 Mar 1892 – Page 4, Column 1

Judge, A. C. Downey; Prosecuting Attorney, R. L. Davis.


Estate of Polly Protsman, W. R. Protsman, administrator. Sale of part of real estate approved and case continued for sale of balance of real estate.

Estate of John McClintick, Mary A. Brown, executor. Final report approved.

Calvin R. Green, guardian of minor heirs of James D. Richards, deceased. Partial report, showing balance of $859.95, approved.

George Haston, guardian of the minor heirs of James Huston, deceased. Partial report approved.

Jeffrey Miles, guardian of the minor heirs of John Harmon. Final report approved.

Thomas Spencer, guardian of the minor heirs of John Rogers, deceased. Partial report approved.

Frank Cole, guardian of the minor heirs of Charles Olmstead. Report approved. Finally discharged as to Orrie Olmstead and continued as to Ellsworth Olmstead.

Belle D. Grisard, guardian of Paul Grisard. Partial report approved.

Thomas McCreary, guardian of the minor heirs of Nancy J. Stewart. Partial report. Discharged as to Mary J. Stewart and continued as to the others.

Estate of Wm. T. Wiley, deceased, Thomas R. Wiley, executor. Sale of real estate approved.

John S. Malcomson, guardian of Charles, minor heir of John Hollcroft. Partial report approved.

Eli S. Henry, guardian of David Henry, deceased. Partial report approved.

Francis R. Dufour, guardian of John D. Dufour. Bond of $2,000 approved.

Estate of Laura B. Gordon, deceased, James A. VanOsdol, administrator. Final report approved.

Estate of Theodore L. Pickett. Henry S. Pickett appointed administrator, succeeding Geo. S. Pleasants.

James A. VanOsdol, guardian of the minor heirs of Rebecca Reyner. Report approved. Discharged as to Anna Reyner and continued as to Joshua Reyner.

James Shaw, guardian of Albert Weaver, minor heir of John Weaver. Partial report approved.

Estate of Caroline Henry, deceased, Argus D. VanOsdol, executor. Partial report approved.

Estate of Sarah Oak, deceased, R. B. Littlefield, administrator. Authorized to sell personal property.

Estate of Davenport Oak, R. B. Littlefield, administrator. Authorized to sell personal property.

Estate of Polly Protsman, W. R. Protsman, administrator. Partial report approved.

Estate of John Andrew, John B. Andrew, administrator. Authorized to sell balance of personal property.

Estate of John Lamunyon, being under $500, was set off to widow, Clara L. Lamunyon.

Estate of Caroline McCreary, Samuel W. Wade, administrator. Final report approved.



Masaliness Miller vs. Robert L. Hastie et al; to quiet title. Judgment for plaintiff. F. M. Griffith appointed a commissioner to enter satisfaction and to cancel mortgage of record.

State vs. William Burton; assault with intent. Tried by court. Not guilty of intent, but guilty of assault and battery. Fined $10.

State vs. 25 Directors of Switzerland and Ohio County Fair Association; unlawful gambling, in selling permit for wheel of fortune. Tried by jury. Twenty not guilty, five guilty, and fined $25 each.

Lewis Lowenburg et al vs. Clara Lamunyon et al; for partition. James A. VanOsdol appointed guardian ad litem.

Petit jury dismissed last Friday at noon.

Alexander Horton vs. John W. Brown. Opinion of Supreme Court ordered spread of record, affirming former judgment, which was in favor of Brown.

Francis M. Turner vs. Eliza Turner; divorce. Trial by Judge. Divorce granted in favor of the plaintiff, the husband, the mother to have custody of the child.

Report of Charles M. Newkirk, Commissioner in case of Harriet Cotton et al, vs. William H. Manuel. Partition of real estate affirmed.

State ex rel R. L. Davis, Prosecuting Attorney, vs. Louisville, Cincinnati and Dayton Railroad Company; for information. Continued by mutual agreement of all parties.

Imogene Russell et al vs. Pearl Dyer. Clerk ordered to distribute money.

Geo. W. VanPelt, administrator of estate of Martha Roy, deceased, vs. Eugene Tardy et al; foreclosure of mortgage on real estate. Judgment for $538.10 and foreclosure.

Frank P. Stead, of West Virginia, was admitted to bar of court for this term.

John Neal and George S. Hulley vs. Elizabeth Jackson and Albert G. Jackson; demand for money. Judgment for defendants, $100.

William Kerber vs. Arthur Abbott; on note. Judgment for $115.20.

Harvey Palmer vs. Laura Palmer; divorce. Granted plaintiff on her cross complaint and she given custody of the children.

Abijah S. Humphrey, receiver in case of Jane A. Gibson vs. Adolpheus E. Merit, made his final report, which was approved and he discharged. The Clerk ordered to pay Jane E. Gibson $1,328.16.

Several cases were dismissed and several continued.

Court adjourned yesterday afternoon at 2:30 o’clock.