Porter Superior Court

March 2, 1931: SHERIFF MAXWELL IS NOW THE OWNER OF FARM THAT HAS BEEN FAMILY ESTATE FOR 80 YEARS

Originally published in The Vidette-Messenger of Porter County on March 2, 1931.

SHERIFF MAXWELL IS NOW THE OWNER OF FARM THAT HAS BEEN FAMILY ESTATE FOR 80 YEARS

A realty transaction that had many unique features surrounding it was consummated Saturday in this city when deed to fifty acres of land in Pleasant township, owned by James A. Hollandsworth, was acquired by Burney Maxwell, sheriff of Porter county.

The land in question had been in the Hollandsworth family for nearly eighty years, Mr. Hollandsworth’s mother buying it and entering the government patent when she obtained title.

During those four score years the land has never been encumbered with a mortgage, no judgements have been entered against it, and there have been no delinquent taxes or liens of any kind.

Sheriff Maxwell’s home is in Pleasant township. He has owned a small tract near the Hollandsworth property for a number of years. Whether the sheriff is looking ahead to the time he will retire from office, planning to take up farming, or merely purchased the old homestead as an investment, is not known. Right now the sheriff is so busy handly the Kirkland trial that he can’t be approached on incidental subjects.

Mother and Father At Kirkland’s SideRough as has been the going of his trial, which today entered its second week, with the state still placing witness after witness on the stand to condemn him and perhaps send him to the electric chair for his part…

Mother and Father At Kirkland’s Side

Rough as has been the going of his trial, which today entered its second week, with the state still placing witness after witness on the stand to condemn him and perhaps send him to the electric chair for his part in the murder of Arlene Drives, pretty Gary school girl, Virgil Kirkland, the first of the five Gary youngmen of the five Gary young men to face a jury as the result of the wild gin party of last November, has the consolation of his parents, Mr. and Mrs. Charles J. Kirkland, pictured here in the Porter county circuit court chambers here during a recess. To the Kirklands, Virgil is still “their boy,” the victim of prohibition liquor and the “loose times.” pictured below is Mrs. David Thompson, at whose home, in Glen Park, Gary, the fatal party was held. Her husband is one of the four other defendants, awaiting trial for their parts in the death of the Draves girl.

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Feb. 26, 1946: Horse Case Irks Court; It's Ended

Originally published in The Vidette-Messenger of Porter County on February 26, 1946.

Horse Case Irks Court; It’s Ended

By ENG ZIMMERMAN, Sr.

Porter county’s celebrated horse case which has plagued county tribunals for 13 years, was literally thrown out of court Monday afternoon by Special Judge Ira C. Tilton in Porter superior court.

Up for trial for the eighth time the litigation was terminated when an appeal taken from a justice court verdict was dismissed after a motion for a change of venue from the court had been denied.

Back in 1933 Ben Anderson, Chesterton horse buyer, sold a mare to Ben and Vernon Kuehl, Valparaiso RFD 1, and took a $100 note. The Kuehls refused to pay, contending the animal was unsound. Anderson repossessed the mare and started litigation to collect the money.

The Kuehls won five trials, but new trials were granted. One was declared a mistrial because two of the jurors had sat in one of the earlier trials.

The record of the case shows it originated in the latter part of 1934 in a justice of peace court. The Kuehls were adjudged winner, the jury verdict awarding them $25 damages, possession of the horse and consolation of the $100 note. The judgement of the court was challenged by an appeal to the Porter circuit court.

Five Judges Hear Case

From that point on, five judges appeared in the case, three of whom are now dead. The horse died, but left a colt. Various attorneys for the plaintiff died. The court record discloses 41 dates of entries representing 41 court days consumed by the pleadings and various trials of the case.

In the midst of the litigation Anderson was killed in an automobile accident on State Road 49. North of Valparaiso. Mrs. Cora Peterson, of Chesterton, was appointed administratrix of his estate, and continued the litigation.

Court costs at present amount to $225, with $300 being spent for special judges. Fees and expenses of jurors, witnesses and attorneys have resulted  in the litigation approximating the $1,000 mark.

In dismissing the cause of action, Judge Tilton assessed the court costs amounting to $225 against the plaintiff, and ordered the county clerk not to cancel or release the bond until all costs have been paid.

In his ruling Judge Tilton scored Indiana’s change of venue law that provides for changes from regular judges and selection of special judges from members of the bar.

The jurist questioned whether persons licensed to practice law possess sufficient qualifications by wisdom of experience and knowledge of the law governing the rights of persons and property, the rules of evidence and of pleading and practice to equip them for the responsibilities of the bench, and assure litigants that their cause of action will be fairly tried and finally determined by a qualified judge.

Judge Tilton pointed out that the general public, including legislators, have inadequate means of acquiring information that would close the door under our present change of venue law, through which “unlearned and unethical members of the bar by nefarious practice make a mockery out of our delay constituted courts of justice, alleviate ill-prepared members of the bar to the bench till of untold sums of taxpayers’ money, and by such practice bring disgrace and ill-repute upon the entire legal profession.”

Charges Stall Tactics

In ruling on the change of venue Judge Tilton charged statements made in the affidavit by Attorney Strom were false, and were offered solely for the purpose of delaying trial of the case. He declared that whatever legal issues may have been between the parties they have ceased to have legal existence at this time because of the long lapse of time. In brief the jurist asserted “there is nothing in this case that is worthy of consideration by this court.”

Objections against the change of venue were filed by Attorney James J. McGarvey, of this city, who has been counsel for the Kuehls through the long-drawn litigation McGarvey contended granting of the change of venue would be a burden upon the citizens and taxpayers of the county and state, and would be contrary to public opinion.

Attorney Strom took exceptions to the ruling of Judge Tilton and intimated he might file an appeal to the supreme court, but this is not considered likely because of the heavy cost involved.

Feb. 13, 1931: JUDGE HARRY CRUMPACKER IS A VICTIM OF THE AUTO PLATE LAW

Originally published in The Vidette-Messenger of Porter County on February 13, 1931.

JUDGE HARRY CRUMPACKER IS A VICTIM OF THE AUTO PLATE LAW

Judge Harry L. Crumpacker, of the Porter Superior Court, was late starting his court Thursday morning, but the reason for it did not become known until today.

It seems that his eminent judgeship had failed to get a 1931 automobile license, and when he was leisurely driving down Franklin street, Michigan City, on his way to this city, Patrolman Roy Thomas came along and spied the old license plates on the judge’s car.

The policeman did not recognize his “victim” and hustled the judge post haste to the station, following a rule of the department that all cars without proper license plates should be impounded at headquarters until the law had been complied with.

At the station, the judge walked into the inner office to talk with Chief Wesley R. Kirby, and the patrolman asked Desk Sergeant Richard Fritz: “Who is that guy?”

“Why don't you know who that is,” replied the amused officer. “That’s Judge Crumpacker.”

The judge explained that he had been getting up every morning before the license bureau was open and returning from Valparaiso too late.

Because of Lincoln’s birthday, the license branch was closed, so Chief Kirby overcame the difficulty by borrowing a set of plates from a local auto dealer, so that Judge Crumpacker could proceed on his trip.