March 1, 1941: Police Hear Basic Laws Of Evidence

Originally published in The Vidette-Messenger of Porter County on March 1, 1941.

Police Hear Basic Laws Of Evidence

Police officers attending the sixth weekly lecture in the regional training course in traffic enforcement and public safety held at City Hall Friday afternoon heard a splendid discussion on the basic laws of evidence by Attorney William J. Davis, of Chicago, assistant manager of the Automobile Protective and Information Bureau.

About 20 police officials from Lake and Porter counties attended the meeting which was presided over by Sergeant Paul T. Beverforden, of the Indiana state police. Captain H.L. Hubbell, in charge of the U.S. soldiers taking training at the Dodge Radio and Wireless Institute, was a guest. Sergeant Beverforden will lead the discussion next Friday on “Public Relations.”

Must Know Law

“It is essential that police in investigating traffic accidents or other crimes know the law of evidence,” Attorney Davis said. “They must know what is admissible and what is not; how to collect evidence which will be admissible; what are the essential elements of crime charged; what evidence is admissible to prove these elements, and what is law and what is evidence.”
Attorney Davis stressed the fact that written statements are valuable in keeping witnesses in line and enabling the prosecutor in getting a birdseye view of the case.

“Evidence police offer must be limited to those facts which will enable the judge or jury to determine whether the defendant is guilty or innocent,” Attorney Davis said.

Hearsay Sometimes O.K.

A confession or dying declaration does not need to be in writing to be admissible in court, the speaker said. To have a good dying declaration the man making it must know that he is going to die.

Attorney Davis said that hearsay evidence is admissible when such statements are made in the presence of the defendant. In morals cases children can tell their story to police in the presence of the defendant and police can then take the witness stand and relate the conversation which has taken place. The same rule may be applied in traffic law violations, where the complaining witness is a non-resident.

Corpus Delecti Vital

The speaker pointed out that it is always necessary to have a corpus delecti, or body of the crime, to prove that a crime has been committed and some person is responsible for the crime.

Davis mentioned that false imprisonment and malicious prosecution charges are frequently lodged against police. In most instances these are difficult to prove, he said. In a later appearance, Davis informed the officers he will discuss in detail the question of false arrest.

Feb. 28, 1946: Phone Strike May Be Felt Here, Report

Originally published in The Vidette-Messenger of Porter County on February 28, 1946.

Phone Strike May Be Felt Here, Report

Walkout Over Indiana Set For Next Week; No Local Grievance

Valparaiso and Porter county’s telephone system of communication may be affected unless conciliation efforts to forestall a March 7 strike of two unions against the Indiana Bell Telephone company are successful, Henry W. Sauter, of this city, district manager of the Indiana Associated Telephone Corporation, which operates in Porter and Lake counties, and today.

The strike would shut down all manually-operated telephone exchanges throughout the state, it was announced by Mrs. Mae Mann, South Bend, president of the Indiana Telephone Traffic union, who is in Indianapolis for a meeting with telephone company officials. Mrs. Mann said that ITTU switchboard operators, although not members of a striking union, would honor all picket lines set up in the threatened communication stoppage.

Long Distance Affected

Also affected by the traffic union action will be long distance calls in all exchanges, she added.

Dial services would not be affected, but maintenance workers who normally keep dial systems in repair would be on strike.

Strike notices have been filed with the Indiana Bell company by the Indiana Bell Accounting Department Employes' association and the Indiana Telephone Workers Union. Both are members of the National Federation of Telephone Workers, which has called the strike.

In Valparaiso telephone workers have no grievance, according to Manager Sauter. However, the union may call on the workers here for aid. Just how far the situation will go, Sauter was unable to say. He anticipated a walkout where employees have a grievance, and this may affect other exchanges.

Feb. 27, 1931: FIRE CHIEF MARKS EXPLAINS HE ‘CLEARED COURT’ AT JUDGE’S ORDER

Originally published in The Vidette-Messenger of Porter County on February 27, 1931.

FIRE CHIEF MARKS EXPLAINS HE ‘CLEARED COURT’ AT JUDGE’S ORDER

Explanation as to why he ordered enforcement of the city’s fire ordinance at Virgil Kirkland murder trial yesterday afternoon, was made today by John G. Marks, city fire chief.

“I was called by Judge Grant Crumpacker and court attaches to advise in the situation,” Chief Marks said.

“Knowing of the hazardous condition existing by reason of my knowledge of the fifty-year old structure, I informed Judge Crumpacker that it would be better to transfer activities to another room and disperse the crows,” Mr. Marks said.

“According to contractors the floor of the circuit court room is not supported by beams such as are used in modern construction, and from this fact alone, there was imminent danger of collapse,” he said.

“The law against filling public buildings in excess of capacity, blocking aisles and exits is well known, and I merely apprised the court of the violation existing.”

Chief Marks declared he had not attended a session of the trial and had no knowledge that the law was being violated.

“I was merely called into the case in an advisory capacity and had no interest in any way except to apprise the court as to the ordinance bearing on over-crowding of public buildings,” Chief Marks said.

Today the process of the court is not being interfered with due to a new arrangement made by Judge Crumpacker. Only persons who could find seats were admitted.

In order to be sure of gaining admittance, those of the morbidly curious, appeared at the county building as early as 6:30 o’clock this morning.

By 8 o’clock the line was a block long, four abreast. The crowd congregated on the modern stairway on the old stone steps and for a time it was feared the contrivance would give way.

Special bailiffs relieved the situation somewhat by admitting groups of twenty-five at a time. As soon as the room was comfortably filled the doors were locked.

Every door of vantage leading to the court room was guarded and no one was admitted unless proper credentials were presented.

No murder case of local record has attracted the public attention as does the Kirkland-Draves trial. Not only does Valparaiso furnish many court fans, but other cities provide their quota.

Feb. 27, 1951: Farmers Hear Purdue Crop, Dairy Experts Annual Rural Event Staged In This City

Originally published in The Vidette-Messenger of Porter County on February 27, 1951.

Farmers Hear Purdue Crop, Dairy Experts

Annual Rural Event Staged In This City

Morning Session Attended By 450 Area Men, Women.

By JOHN HARMON

Discussions of crop rotation and good fertilization methods and the comparison of loose housing and stanchion barn for dairy cows, highlighted the morning session of the 10th annual Crops-Dairy day program being staged today at the Premier theatre here in Valparaiso. The morning session attracted an estimated 450 Porter county farm folk.

Speaking on the subject of crop rotation, G.P. WalkerーPurdue agronomistーindicated the growing tendency to work out rotational programs of longer duration, from between two, three and four years.

“We have found, in our studies and surveys, that a mixture of alfalfa, Southern bromes and Ladino clover makes a good sod crop in the rotation program,” Professor Walker told his audience. “The alfalfa serves as the base and is a good soil builder. The brome helps against heaving and aids against soil erosion losses also and the Ladino clover adds to protein production in the soil,” he added. It was noted that this mixture makes an excellent team for improvement of the subsoil.

Going further, the speaker pointed out that efficient crop rotations must include enough deep rooted legumes and grass in mixtures to: (1) balance the removal and loss of nitrogen in the grains; (2) maintain the supply of decaying organic matter; (3) improve and help maintain good tilth in both surface and subsurface, and (4) help control erosion.

Discussing fertilization, its methods and problems, Walker explained that many Indiana farmers, particularly in the southern part of the state, are tending to “overdo the application of lime.” he added that a manganese shortage in the soil is cropping up in some sections and that this deficiency is being attributed to the overuse of lime.

“Let’s remember that lime is important, but that it can be overdone,” the speaker said.

Walker also warned farmers of this county against hard grazing, or too often cutting in the case of alfalfa. “Alfalfa will not stand hard and heavy grazing. It must be given a chance for recovery, now growth and root storage or it becomes weakened and will die out,” the Purdue agronomist added.

In the case of nitrogen application, Walker explained the growing war and defense needs will be taking more and more ammonium sulfate and ammonium nitrate out of reach of the farmer.

“Many farmers may not be able to get hold of the nitrogen source by planting time this spring and may be forced to wait until later in the summer and then apply as a top dressing for hay and pasture crops and as a side dressing to the corn crop just before, or at, the last cultivation.’

“A growing bushel of corn will take one-and-one-half pounds of nitrogen out of the ground. This must be replaced in some manner in order that crops receive a sufficient amount for top production.’

In conclusions, the Purdue agronomist emphasized that vigorous legumes will supply nitrogen in good quantities and therefore, a well-planned crop rotation program was essential.

Ed Gannon, veteran dairy specialist at Purdue, took up the discussion of loose house, or pen barns, and the more conventional stanchion barn method in dairy farming.

“I would not recommend to you a change from the conventional stanchion arrangement if you already have your barn well arranged and your work well organized,” Gannon told the large audience.

The Purdue expert did, however, point out the advantages of pen barns over the stanchion type of stall.

“You will get greater cow comfort in the loose housing arrangement. The health of your cow is betterーshe can move more and will produce more milk because of more freedom and a better appetite.”

Among the disadvantages pointed out by Gannon were the facts that the pen barns require more bedding and more planning and the farmer himself, and his help must be trained as well as the cow.

“A well-arranged pen or loose housing barn, has a feeding area, a milking area, a watering area and a lounging area,” the Purdue department head explained, adding that this arrangement tends to cut down mastitis and other diseases.

Rounding out the program this afternoon were the awards to the county corn king and price, an address by W.F. Rissmiller of the Purdue agricultural engineering department, entertainment, and the featured talk by Paul C. Johnson, editor of Prairie Farmer.

Feb. 26, 1966: 20 Mayors Opposing Lakeshore

Originally published in The Vidette-Messenger of Porter County on February 26, 1966.

20 Mayors Opposing Lakeshore

Twenty of 21 responding members of the Northern Indiana Mayors’ Roundtable have endorsed a resolution opposing a national lakeshore in north Porter County, Mayor Don Will said Friday.

Mayor Will is secretary-treasurer of the roundtable group.

He said copies of the resolution will be sent to Gov. Roger Branigin and to officials in Washington prior to hearings on the lakeshore legislation.

For Indiana Development

The anti-lakeshore resolution is similar to one adopted last month by the Valparaiso City Council and Board of Works.

It opposes the lakeshore proposal and states that any increased park development could best be carried out by Indiana.

Will said that of the 23 dues-paying members of the mayors’ roundtable, 21 have returned the resolution with Whiting Mayor Joseph B. Grenchick the only one not endorsing it.

Favor Resolution

Favoring the resolution in addition to Will are Mayors John W. Weaver of Elkhart, H. Roy Johnson of Knox, Emmett W. Eger of Rensselaer, Harold S. Zeis of Fort Wayne, Clarren L. Boger of Auburn, Walter B. Krueck of New Haven, Leo C. Meister of East Gary, Randall Miller of Michigan City, Lilburn Titus of Hobart.

Also, Herbert Roemer of Woodburn, Ira Webber of Columbia City, John Golden of Ligonier, R.H. Nash of Kendallville, Ralph B. Schenk of Goshen, C. Arthur Thomas of Plymouth, Donald Sell of Angola, Robert Sinclair of Nappanee, Thomas Boyd of LaPorte and Harrison Halterman of Rochester.

Mayor Will said copies of the resolution also have been sent to the three other mayors’ roundtable groups in Indiana.

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. 25, 1961: RIVER NO HARBINGER OF SPRING

Originally published in The Vidette-Messenger of Porter County on February 25, 1961.

RIVER NO HARBINGER OF SPRING

Large tree limb and other debris, top photo, began to gather around concrete supports of Ind. 53 bridge spanning unusually peaceful (for this time of year) Kankakee river south of Hebron Friday afternoon. In contrast, bottom photo, phony spring ended abruptly several hours later when snow and sleet hit Valparaiso and Porter county. Vehicle belonging to Jack Ohlfest, Summit drive, appears to be groaning under the weight of ‘Spring’ onslaught.

Feb. 25, 1946: Rampage Ends In County Jail Cell; Offender Is Sad But Wiser Citizen

Originally published in The Vidette-Messenger of Porter County on February 25, 1946.

Rampage Ends In County Jail Cell; Offender Is Sad But Wiser Citizen

Herman Klemz, Valparaiso man, and former Kouts resident, went on a rampage Saturday to prove to his family and Valparaiso and Porter county authorities that he is a tough hombre.

Today he is ruminating in his cell in the county jail, a sadder but wiser fellow, and at the same time considerably chastened.

This morning he appeared before Judge J.A. Fleishbein in Porter superior court to answer changes he violated a restraining order issued by the court preventing him from molesting his wife, Ella, and daughter, 208 Napoleon street, pending a divorce action. He was remanded to jail for a cooling off period.

Ransacks House

Saturday Klemz went to his wife’s home and ransacked the house. He locked the door after leaving the premises and his wife had to gain entrance through a window.

Later Klemz returned to the home and became embroiled in an argument with his wife and daughter. Mrs. Klemz charged her husband made threats against her, the daughter, Atty. James W. Chester, Mrs. Klemz’ counsel, and also said he would kill police who interfered.

Sheriff Harry Borg and city police went to the home and arrested Klemz despite the fact he barricaded the doors and was armed with a rifle and revolver.

Attacks Prisoner

Saturday night Klemz became unruly in jail and he was placed in a cell. Later upon his promise to be “good” he was allowed in the bullpen. His first gesture of good will was to kick Robert Brown, of Niles, Mich, held on a charge of murder, in the groin. Brown was painfully hurt but he got up later to clash with Klemz. In the ensuing battle with Brown and others in the jail, Klemz was severely pummeled. This morning when he appeared in court he sported two black eyes.