Proceedings of the February 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Farmer and Mechanic – 12 Feb 1874 – Page 4, Column 4

Circuit Court.
Omar F. Roberts, Judge.

State of Indiana vs. Elias F. Tenney, assault and battery; dismissed by prosecutor.

Same vs. Geo. Lamping, riot; dismissed by prosecutor.

Same vs. same, assault and battery; continued.

Same vs. Elias F. Tenney, official negligence; dismissed.

Same vs. Wm. Bryant, assault and battery; plead guilty and fined $5.

Same vs. Wm. Bryant and Edward Barrett, attachment for contempt; dismissed.

Same vs. Anna Meunsch, provoke; dismissed.

Same vs. Benj. Blue, obstructing highway; dismissed.

John J. Davis vs. I. & C. Railroad; finding for plaintiff, $57.82.

R. D. Brown, administrator, vs. P. Held; judgment.

Jos. H. Burkham vs. Jas C. Smith, claim; attachment.

Mary A. Vail vs. Hiram Clark, writ of replevin.

Peter Walter vs. Louis Fisk, note; dismissed.

Atlanta Carbaugh vs. Simon Carbaugh, divorce; granted.

Milton Taylor vs. Geo. Griffin, note for $273.57; judgment.

Ed. Hayes vs. Danl. M. Guard et al, note for $1,350; judgment.

Henson D. Moore vs. Ann Bayley et al, account; judgment for plaintiff.

First National Bank of Lawrenceburgh vs. Ezra Guard et al, not for $221; judgment for plaintiff.

Same vs. Geo. S. Wymond, note for $50; judgment for plaintiff.

Same vs. Lawrence C. Dailey and wife, on note; judgment for plaintiff.

Same vs. James C. Martin and Jos. H. Guard, note; judgment for pltff.

Same vs. James C. Hayes and James C. Martin, note for $4,015.75; judgment for plaintiff, and $105 allowed Schwartz as a reasonable attorney fee.

Same vs. James C. Martin, not for $5,836.87; judgment for plaintiff.

Wm. H. Conaway vs. Mary J. Conaway; dismissed at cost of plaintiff.

Jacob Seasonwood et al vs. James Muir, for costs; judgment for defendant.

Jacob Kiger et al vs. Truitt & Miller; under advisement.

Lizzie A. Hardesty vs. O. & M. R. R.; tried by court and under advisement.

Mary E. Schlicht vs. Geo. Schlicht; dismissed at plaintiff’s cost.

Wm. Pate vs. Frank Muescha; dismissed.

Mary A. McCullough vs. John McCullough, divorce; dismissed at plaintiff’s cost.

Samuel Brackenridge vs. Purnel A. Tanner; judgment for plaintiff.

James M. Rumsey et al vs. Albert Chambers et al; judgment.

E. G. Burkham et al vs. E. B. Hayes et al; dismissed at plaintiff’s cost.

Wm. Seth vs. Nancy Seth, divorce; granted.

Hanson D. Moore vs. A. P. Cady and McClure; McClure defaulted.

Albert D. Jackson vs. A. A. Helfer; judgment for defendant.

John Gutzwiler vs. Michael Egner et al; judgment for plaintiff for $428.80 and costs.

Mary Barrett vs. David Barrett, divorce; defendant defaulted.

State of Indiana vs. Jacob Gebhart, assault and battery; plead guilty and fined two dollars.

Thos. Spignell vs. Geo. Held; dismissed at plaintiff’s cost.

Mary Baydall vs. Wm. Buffington Jr.; judgment for plaintiff.

State of Indiana vs. Mary A. Madigan, selling on the Sabbath; tried by jury, and fined five dollars.

State vs. Ritter, for malicious trespass, tearing down fence; acquitted.

Aurora Dearborn Independent – 12 Feb 1874 – Page 2, Column 1

CIRCUIT COURT REPORT.
Before Judge Roberts.

Court met on Monday of last week. Since the meeting of Court the following causes have been disposed of:

No. 156—R. H. Givan & Co. vs. Ben. Plummer, Administrator of Manliffs. Claim dismissed for want of prosecution.

No. 178—Robert H. Givan vs. same estate. Dismissed for want of prosecution.

No. 198—Geo. W. Terrell vs. Rudolphs estate. Claim allowed $255.50.

No. 200—Trustees of Christian Union Church vs. S. Franklin’s estate. Dismissed for want of prosecution.

No. 199—Strawder Cheek vs. Rudolph’s estate. Claim of $453.20 allowed.

No. 209—Warren Tebbs vs. Yerker’s estate. Claim $10 allowed.

No. 219—James C. Martin vs. Walter Hayes’ estate. Claim dismissed.

No. 686—State vs. E. F. Tenney. Indictment for official negligence. Nol Pros. by the prosecutor.

No. 722—State vs. Bryant and Barrett. Contempt. Nol Pros.

No. 735—State vs. Anna Munch. Provoking an assault. Nol Pros.

No. 744—State vs. Ben Blue. Obstructing highway. Nol Pros.

No. 846—State vs. Gebhardt. Indictment for assault and battery. Plea of guilty and fine of $2 and costs.

No. 1809—J. P. I. Davis vs. I. C. & L. Railroad Co. Trial by the Court, and judgment for plaintiff, for $28.92. This was an action to recover for wood sold the company.

No. 80—William A. Conaway vs. Mary J. Conaway. Action for Divorce. Dismissed for want of prosecution.

No. 93—Jacob Seasongood vs. James Muir. Action on note. Dismissed at plaintiffs costs.

No. 102—State ex rel H. D. McMullen vs. The Auditor of Dearborn Co. This was an action to recover compensation for services as Attorney for the State in the Cheek case at Brookville. A demurer was sustained by the Court to the complaint, and the plaintiff refusing to plead further, judgment was rendered in favor of defendant. Appealed to the Supreme Court.

No. 278—Joseph Warner vs. Spidel. Appeal dismissed. The case came up from a Justice in Centre township.

No. 307—M. E. Schlicht vs. Geo. J. Schlicht et als. Civil action. Cause dismissed at plaintiffs costs.

No. 325—Wm. Pate vs. Frank Mancher. Appeal from Justice dismissed at defendants costs.

No. 382—S. B. Brackenridge vs. P. A. Tanner. Appeal from Justice by defendant dismissed at his costs.

No. 398—Thomas Spicknall vs. Geo. Held. Attachment. Cause dismissed by plaintiff.

No. 399—A. D. Jackson vs. A. A. Helfer. Action on account. Dismissed at plaintiffs costs.

No. 425—E. G. Burkam et al vs. Erastus B. Hayes et al. Action on note. Dismissed.

No. 452—Peter Walter vs. Louis Fisk. On account. Cause dismissed.

No. 471—H. D. Moore et als vs. Ann Bogly et als. Foreclosure and judgment.

No. 476—R. D. Brown, administrator of N. H. Torbet, vs. P. H. Held. Judgment for $69.90 on note.

No. 744—The First National Bank of Lawrenceburgh vs. Ezra Guard et als. Judgment on note for $421.65.

No. 487—Same vs. James Martin et als. Judgment on note for $671.67.

No. 488—Same vs. James C. Hayes et als. Judgment on note for $4,120.07.

No. 489—Same vs. J. C. Martin et als. Judgment on note for $5,936.87.

No. 455—Mary Baydoll by her next friend, John Burghahl, vs. Wm. Buffington Jr. dismissed by the plaintiff at her costs.

The State vs. William Bryant. Provoking an assault. Plea of guilty, and a fine of $2 assessed.

State vs. Mary Madigan. Indictment for selling on Sunday. Trial by Jury. Verdict of guilty and fine of $5 assessed.

The State vs. Mrs. Mary Ritter. Information for malicious trespass. The defendant was charged with pulling down a board fence in Cochran belonging to J. D. Stanford. Trial by jury. The testimony disclosed the fact that the fence in question was built across an alley. Verdict of the jury—“Not guilty.”

The State vs. Einsensmoocher. Information for disturbing a religious assembly called the “Free Methodist,” a society in Lawrenceburgh. The evidence disclosed the facts that when those people were singing and praying the defendant who was in an adjourning room, amused himself by hallowing, dancing, cat-calling and pounding on the wall with a tin pan. The case was tried by the Court, who fined the defendant $25, and costs, being the full extent of the law.

The State vs. Landen. Same charge. Trial by the Court, finding of guilty, and a fine of $20 was inflicted.

The Petit Jury for this term, as empaneled on Monday, is composed of the following gentlemen: J. D. Johnson, A. D. Hopping, Wm. McMullen, David Pritchard, Geo. W. Hall, Jerome Ellis, Armitage Morgan, Martin Buchart, John A. Cole, Thomas Darling, Charles Bowton, Michael Boll.

Aurora Farmer and Mechanic – 26 Feb 1874 – Page 4, Column 4

Circuit Court.
Omar F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.

No. 99. Michael Fichter vs. Otha Hayes, attachment; tried by court; judgment for $122, and judgment for costs of attachment against plaintiff.

219. Frederick New house vs. Wm. Coxen and Robert Duck; action on contract; tried by jury; verdict rendered for $42 for plaintiff.

247. Franklin Life Insurance Company vs. Adam Herdegen; appeal; dismissed by plaintiff.

249. Robert Duck vs. Fred. Newhouse and Wm. Coxen; action on contract; stricken from the docket at plaintiff’s cost.

260. Jacob Seasongood et al vs. Jno. M. Hoover; proceedings supplementary to execution; dismissed by plaintiff, with leave to withdraw papers.

269. Thos. Wallace vs. Robt. Duck; action on account; trial by jury; verdict for plaintiff for $16.50.

369. Frank Skelton vs. John B. Garnier; on an agreement; dismissed by plaintiff.

444. Laughery Turnpike Company vs. Jane E. Lynn and Eva Lynn; appeal; change of venue from Judge.

448. The Cincinnati, Indianapolis, and Lafayette Railroad Company vs. Alfred A. Phillips; attachment; judgment against defendant by default.

448A. Richard H. Goodman and Francis W. Taylor vs. Alfred A. Phillips; claim filed under 448; defendant defaulted.

448B. John B. Garnier vs. same defendant; claim filed under 448; defendant defaulted.

448C. Henry Wesler vs. same defendant; claim filed under 448; defendant defaulted.

448D. Fred Wesler and Christ. Wesler vs. same defendant; claim filed under 448; defendant defaulted.

448E. James H. Swope and Nimrod Lothen vs. same defendant; claim filed under 448; defendant defaulted.

448F. Leonard Seimantel vs. same defendant; claim filed under 448; defendant defaulted.

448G. James Burke vs. same defendant; claim filed under 448; defendant defaulted, and judgment for plaintiff for $46.35.

448H. James McKinner vs. same defendant; claim filed under 448; defendant defaulted.

448I. Alex. Beckman vs. same defendant; claim filed under 448; defendant defaulted.

448J. Godfrey Holterhoff vs. same defendant; claim filed under 448; defendant defaulted.

448K. John B. Garnier and Edwin B. Dobell vs. same defendant; claim filed under 448; defendant defaulted.

448L. Daniel M. Skinner vs. same defendant; claim filed under 448; defendant defaulted.

448M. M. Gurnsey, Y. Roots, Albert E. Smith, and Edward D. Moore vs. same defendant; claim filed under 448; defendant defaulted. All of the above claims, except James Burke’s were assigned and transferred to Godfrey Holterhoff, who obtained a total judgment for $15,027.45.

451. Jacob Troutman vs. Louis Weitzel and the I. C. & L. Railroad Company; to recover personal property; dismissed.

453. Rose Ann Rumsey and John Rumsey vs. Wm. Brewington; slander; dismissed by plaintiffs, with leave to withdraw papers.

456. Wm. H. Israel vs. Alanson R. Wells; on an account; motion by Israel to remand cause back to Switzerland county; overruled.

477. Robert D. Brown, administrator, &c. vs. Philip H. Held; on note; tried by Court; judgment for plaintiff for $377.25.

479. Daniel Chidester vs. George Becker et al; foreclosure; defendant defaulted; judgment of foreclosure and for $1,847.47.

Letitia McClure vs. Isaac Stevens; action in replevin; on trial before jury when we went to press.

Aurora Dearborn Independent – 26 Feb 1874 – Page 2, Column 2

CIRCUIT COURT REPORT.
Before Judge Roberts.

Since our last report a good deal of business has been disposed of. We are informed by gentlemen of the bar that after this term, the business will be disposed of at each term.

No. 193—Dan. H. Miller vs. S. A. Vail’s estate. Claim for $49 on account. Trial by the court, and $32 allowed.

No. 205—W. H. Conn vs. James Bailey’s estate. Dismissed for want of prosecution.

No. 260—Jacob Seasongood vs. John M. Hoover. Dismissed by plaintiff’s attorney.

No. 270—Kiger & Smith vs. Truitt and Miller. Action on agreement. Judgment for $126 against Miller and for $297.03 against Truitt. Miller was surety for Truitt.

No. 369—Frank Skelton vs. John B. Garnier. Action on agreement. Dismissed at plaintiff’s costs.

No. 389—John Feierstien vs. Appolonia Feierstien et als. Action to quiet title. Judgment for plaintiff.

No. 407—Geo. R. Duckworth vs. W. B. Smith. Attachment proceeding. Dismissed by plaintiff at his costs.

No. 428—Mary Barrett vs. David Barrett. Action for divorce. Trial by court (J. D. Haynes on the bench.) and judgment of divorce for plaintiff, custody of child and $800 alimony.

No. 453—Rose Ann Rumsey et als vs. Wm. Brewington. Slander. Dismissed by plaintiff, in order to bring another action.

No. 460 ½–Atlanta Carbaugh vs. Simon Carabaugh. Petition for divorce on ground of adultery. Divorce granted.

No. 463—William Seth vs. Nancy Seth. Action for divorce on the ground of adultery. Divorce granted and custody of children awarded plaintiff.

No. 477—R. D. Brown, administrator of Dr. Torbet’s estate vs. Elijah Huffman. Action on note and account. Judgment for plaintiff for $350. Trial by the court.

No. 479—Daniel Chidester vs. Geo. Becker et als. Foreclosure of mortgage and judgment for $1,847.47.

Lewis Feik vs. The State, the Clerk, Sheriff, and Prosecuting Attorney. This was an injunction proceeding to enjoin the collection of a fine and costs inflicted for selling under the old liquor law, the case having been tried after the taking effect of the liquor law of 1873. The said Felk held a license under the old law and violated it by selling to minors. The injunction was granted, because the Supreme Court have recently held that the new law repeals the old one, and that notwithstanding an individual may hold a license under the former, he is nevertheless subject to the penalties of the latter act. Injunctions were granted Henry Rief and Peter Pfalsgraff in similar cases.

No. 211—R. H. Vendelan vs. the estate of James Bailey. The case was dismissed for the want of prosecution at plaintiff’s costs.

No. 212—Hiram Burton vs. Bailey’s estate. Dismissed for want of prosecution.

No. 243—Charles Larobee vs. Bailey’s estate. Dismissed for want of prosecution.

No. 219—Robert Duck vs. Fred Newhouse. Proceeding to settle partnership accounts. Trial by jury, resulting in an order that each party be paid a certain amount out of the assets of the partnership.

Fred. Newhouse vs. Robert Duck. Dismissed at plaintiff’s costs.

Franklin Life Insurance Co. vs. Adam Herdegan. Action to recover on premium note. Dismissed at plaintiff’s costs.

Thomas Wallace vs. Robert Duck. Trial by jury and judgment for plaintiff for $16.50. This case was appealed by defendant, from a Justice of the Peace. This was the exact sum recovered by plaintiff before the Justice.

Aurora Dearborn Independent – 5 Mar 1874 – Page 2, Column 3

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 269—Thomas Wallace vs. Robert Duck. New trial granted.

No. 271—Liticia McClure vs. Isaac Stevens. Replevin of fanning mill. Trial by jury and verdict for plaintiff and $10 damages.

No. 274—Michael Honan and wife vs. Michael Maloney. Action to recover damages for assault and battery on Honan’s wife. Trial by jury, finding and verdict for defendant, Maloney. This case attracted a good deal of attention during its progress and the result is generally approved.

No. 277—Jacob Bloom vs. William Eckels. Suit for damages in driving wagon against plaintiffs buggy in the public highway resulting in injury to the person and buggy of plaintiff. Trial by the jury. Judgment for defendant.

Aurora Dearborn Independent – 12 Mar 1874 – Page 3, Column 3

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 290—Hanson D. Moore et als. Vs. Andrew P. Cady et als. Trial by court, and judgment of foreclosure and for $1,476.32.

No. 294—Thomas J. Weaver et als vs. Strawder Cheek and Eber Sherman. Action on Commissioners bond to sell land. Trial by court and judgment for plaintiff for $167.83.

No. 305—Lizzie A. Hardesty vs. The O. & M. Railway Co. Action to recover value of goods lost in transportation. Trial by jury and judgment for plaintiff for $87.50.

No. 464—J. W. Lamberton et als vs. Samuel Walker et als. Dismissed by plaintiff with leave to withdraw the papers in the case.

No. 309—Mary Powers vs. Louis Hayes. Breach of marriage promise. Dismissed for want of prosecution.

No. 211—R. H. Vandelann vs. Estate of James Bailey. Claim reinstated on the docket. Trial by the court and $102 allowed.

No. 129—B. F. Mulford vs. O. & M. Railway Co. Claim for stock killed. Judgment for argument for $26.00, including costs before the justice and in this court.

No. 462—State on relation of Thomas W. Grubbs vs. Edward and James Grubbs. Action on bond. Trial by court and judgment for plaintiff for $89.35.

No. 310—Henry Nowlin vs. John Groban. Action to recover possession of horse. Trial by jury and finding for plaintiff and $3 damages for the unlawful detention.

No. 319—City of Aurora vs. Thomas Lindsay. Charge, disorderly conduct. Dismissed at defendant’s costs.

No. 320—City of Aurora vs. Thomas Lindsay. Same charge. Dismissed as in above case.

Aurora Dearborn Independent – 19 Mar 1874 – Page 2, Column 1

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 417—Thomas L. Chisman vs. Elias Chisman. Appeal from Justice Canfield, and an action for the settlement of accounts between the parties. Trial by jury and verdict for plaintiff for $120.

No. 422—Sophia Wanke et als vs. Jason Pierce. Action instituted before a justice of the peace to recover the possession of real estate. Cause dismissed on motion, because the justice had no jurisdiction of the cause of action.

No. 184—John Billingsley vs. Joseph Vinson’s estate. Claim allowed of $925 at cost of claimant, he not having filed his claim within one year after the taking out of letters of administration.

No. 387—The City of Aurora vs. John Quigley. Action to recover penalty for violating ordinance of the city of Aurora, in assaulting and beating Mary Honan. Trial by jury and verdict for the city for $1 and costs. The case was tried twice before the Mayor, which, together with the costs in this court will cause them to amount to about $150.

No. 446—The State of Indiana on the relation Keziah A. Davis vs. Enoch Hayes. Bastardy. Dismissed at plaintiff’s costs.

No. 396—F. A. York vs. Dexheimer. Dismissed at plaintiff’s costs.

No. 470—Edward Hayes vs. David M. Gaurd et als. Suit on mortgage. Judgment of foreclosure and for $1,327.17.

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

CIRCUIT COURT REPORT.
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

CIRCUIT COURT REPORT.
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.

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

CIRCUIT COURT REPORT.
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.