Tag Archives: Albert Payne

Regardless of Party

Schwartz, W. B. - 1894-10-11REGARDLESS OF PARTY

The Attorneys Commend Hon. S. M. McGregor as a Judge

It has been currently rumored during the present campaign, that Judge McGregor in the discharge of his official duties upon the bench, has shown partiality and favoritism to certain attorneys practicing in his courts; that said rumors have been circulated by certain parties for the purpose of influencing votes to oppose his re-election; that they are false and without any foundation whatever. We take pleasure in publishing the following statement voluntarily furnished by the members of the bar of Clay and Putnam counties, who have signed the same without regard to party affiliation, as an act of simple justice to Judge McGregor, whose conduct upon the bench has been characterized at all times and upon all occasions by absolute fairness and impartiality to all litigants and their attorneys. He has no pets or favorites at the bar to whom he show special favors. All such charges are false, as is shown by the following statements, over the signatures of the attorneys practicing in the two counties composing the judicial circuit in which Judge McGregor holds the courts:

“We, the undersigned attorneys of Clay and Putnam counties, hereby gladly bear willing testimony to the uniform and unfailing kindness and courtesy of Hon. S. M. McGregor, Judge of our courts, to everyone connected with or having business therein; and especially do we commend and honor him for his fairness and impartiality toward all attorneys at the bar, in the conduct and management of their business in said courts. We do not believe anyone can truthfully make a charge or entertain a just cause of complaint against him contrary to the above statements.

This October 8th, 1894.

S. W. Curtis, W. B. Schwartz, Albert Payne, J. M. Rawley, Homer H. Harris, Thomas W. Hutchison, Will P. Blair, Robert Fisher, Frank A. Horner, Peter T. Luther, Geo. A. Byrd, A. W. Knight, Geo. A. Knight, e. S. Holliday, Charles E. Matson, Stokley Campbell, Jas. A. McNutt, Geo. W. Wiltse, Jno. T. Gardner, S. B. Riley, John Hutchinson, Jr., Jacob Herr, D. E. Williamson, John P. Allee, Smith c. Matson, C. C. Matson, P. O. Colliver, J. H. James, Smiley & Neff, Henry H. Mathias, Tarvin C. Grooms, Silas A. Hays, W. S. Scott, Jno. W. Lane, G. C. Moore, Jonathan Birch.

“Regardless of Party,” The Brazil Democrat (Brazil, Indiana), 11 October 1894, p. 1, col. 4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 1 March 2014.

The State Versus W. B. Schwartz

Schwartz, W. B. - 1893-01-12The State Versus W. B. Schwartz

In the case of the State, on the part of Albert Payne, prosecuting witness, against W. B. Schwartz, which was heard in the Clay Circuit court Wednesday, the jury reported a disagreement on the opening of court Thursday morning and were discharged.

“The State Versus W. B. Schwartz,” The Brazil Democrat (Brazil, Indiana), 12 January 1893, p. 1, col. 2; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 18 February 2014).

[Editor’s note: In other words,  the case was dismissed. There is no further mention in any of the local or national papers.]

Jury Could Not Agree

Schwartz, W. B. - 1893-01-06Jury Could Not Agree

BRAZIL, Ind., Jan . – The jury in the case of the state of Indiana vs. W. B. Schwartz on a charge of assault and battery with intent to kill Albert Payne, also a prominent barrister, disagreed Thursday. Both parties are influential citizens of the town.

“Jury Could Not Agree,” Goshen Daily News (Goshen, Indiana), 6 January 1893, p. 2, col. 3; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 17 January 2014).

Clay Circuit Court

Schwartz, W. B. - 1893-01-05The State versus W. B. Schwartz was on trial Wednesday. It will be remembered that some weeks ago an altercation took place between Swartz and Albert Payne on the corner of Main and south Walnut streets, in which Schwartz was under and used a knife on Payne. The crime charged is that of assault with intent to kill.

“Clay Circuit Court,” The Brazil Democrat (Brazil, Indiana), 5 January 1893, p. 2, col. 3; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 17 February 2014).

A Bad Fight

Schwartz, W. B. - 1892-10-27 Full storyA BAD FIGHT

Prominent Men Engage in an Altercation.

Yesterday afternoon and evening seem to be set apart for general altercations among a few of our prominent citizens. At about 4 o’clock Attorney W. B. Schwartz engaged in a quarrel with W. W. Moore, of the firm of Moore and Ferguson, over some accounts which ended in a hand-to-hand combat. Friends interrupted and prevented serious damage. Mr. Schwartz, late in the evening, came in contact with attorney Albert Payne, and a quarrel was precipitated at once, which resulted in a fight. Schwartz was promptly knocked down, but during the melee he whipped out a knife and cut Mr. Payne about the head and face, also stabbing him in the back, but the latter wound is of no consequence, as his heavy clothing prevented the blade from entering the body. We are informed that friends were holding Mr. Payne when the cutting was done. The gash in the face is more serious, reaching from the forehead to the lower extremity of the nose, and while not considered dangerous, will leave an ugly scar for life.

Later, the reporter from several reliable sources gleaned the following statement covering the above trouble: Mr. Moore had intrusted the collection of a judgement with Mr. Schwartz, but as he failed to conduct the matter in what Mr. Moore deemed a professional way, Moore turned the collection over to Mr. Payne, who attended to the business satisfactory. Schwartz rebuked Mr. Moore for taking the business out of his hands. From this the trouble between Mr. Schwartz and Mr. Moore ensued. But this seemingly didn’t settle Mr. Schwartz’s wrath, he tackled Payne on the subject later in the evening. Notwithstanding he [Payne] insisted on Mr. Schwartz to go away and leave him alone, he continued arguing the matter. Finally forbearance ceased to be a virtue, and Mr. Payne cast his antoginist aside, whereupon Schwartz flashed a knife in a menacing manner. Payne hit him a light blow. Being in so close proximity that it was impossible to strike a hard lick. Almost at the same instant Schwartz struck Mr. Payne above the left eye with a knife sinking the blade to the skull bone, whereupon Payne knocked Schwartz down, and in some way was thrown on top of him by friends who interfered. While in this position Payne received two more bad cuts, one on the top of the head and the other on the side of the nose. After being pulled off of Schartz Mr. Payne’s coat was cut almost in schreads in the back by his opponent. Mr. Payne immediately swore out a warrant charging Schartz with assault and battery with intent to kill, who was bound over to the court in the sum of $500. County Auditor M. R. Yocum, signed his bond. We understand the case will be thoroughly tested in the courts.


“A Bad Fight,” Clay County Enterprise (Brazil, Indiana), 27 October 1892, p. 1, col. 3-4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 16 February 2014).

One Lawyer Carves Another

Schwartz, W. B. - 1892-10-24One Lawyer Carves Another

BRAZIL, Ind., Oct. 24. – W. B. Schwartz and Albert Payne, prominent attorneys, fought in the streets over a court case in which they were interested. Payne knocked Schwartz down. The latter arose and drove a huge knife into Payne, cutting him in a horrible manner about the face and neck. Schwartz was arrested.

“One Lawyer Carves Another,” The Connersville Daily Examiner (Connersville, Indiana), p. 1, col. 4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 15 February 2014).

Lawyer Drew A Knife

Schwartz, W. B. - 1892-10-22LAWYER DREW A KNIFE

He Used It with Great Effect Upon A Brother Lawyer

BRAZIL, Ind., Oct. 22 – At 6 o’clock last evening Albert Payne, a prominent attorney of this city, was seriously cut about the head and face by Attorney W. B. Schwartz, also an influential lawyer of this city.

Schwartz yesterday afternoon, at about 4 o’clock, got into a dispute with W. W. Moore, which resulted in their coming to blows. Moore then employed Mr. Payne to look after his side of the case.

Schwartz, understanding this to be true, tackled Payne later in the evening. Both parties became greatly excited and engaged in a scuffle, Payne knocking Schwartz down. The latter drew a large knife and cut Payne horribly about the head and face, also stabbing him in the neck.

A warrant was sworn out and Schwartz was arrested.

“Lawyer Drew A Knife,” The Boston Daily Globe (Boston, Massachusetts), 22 October 1892, p. 8, col. 5; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 14 February 2014).

A Hoosier Uses A Knife

Schwartz, W. B. - 1892-10-22 #2A Hoosier Uses A Knife

BRAZIL, Ind., Oct 22. – Albert Payne, an attorney of this city, was seriously cut about the head and face by Attorney W. B. Schwartz, this evening. It arose from a difficulty with W. W. Moore earlier in the day. A warrant was immediately sworn out again Schwartz, charging him with assault and battery with intent to kill, and he was shortly afterward arrested.

“A Hoosier Uses A Knife,” The Cedar Rapids Evening Gazette (Cedar Rapids, Iowa), 22 October 1892, p. 1, col. 5; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 13 February 2014).