Tag Archives: Brazil Democrat

The State Versus W. B. Schwartz

The 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.]

Clay Circuit Court

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The 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).

Another Real Estate Transaction

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Real Estate Transfers

Furnished the DEMOCRAT by Moss & Bowman, abstractors:

Carbon Block Coal company to John M. Brown, lot 2, block 2, Carbon, $100.

H.L. Ringo to Wm. Steinsberger, lot 9, Ringo’s 1st Brazil, $150.

Samuel Anderson to Richard Buell, 80 acres in Washington, $800.

John E. Page to Albert Watson, lot 13, Montgomery’s Brazil, $600.

John Fair to C. Yegerlehner, lot 11, block 2, Fair’s 1st Clay City, $80.

W. B. Schwartz by Sheriff to A. B. Wheeler, strip in Brazil, Sheriff deed, $712.82.

“Real Estate Transfers,” The Brazil Democrat (Brazil, Indiana), 26 May 1892, p. 1, col. 5; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 12 February 2014).

[Editor’s note: Did you catch the land sale directly above W. B.’s? C. Yegerlehner is W. B.’s brother-in-law, and Roscoe’s grandfather.]

Mrs. Yegerlehner

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W. B. Schwartz, Brazil, spent Sunday with his sister, near this place, Mrs. Yegerlehner.

“Clay City,” The Democrat (Brazil, Indiana), 14 April 1892, p. 2 , col. 4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 10 February 2014).

Reversed by Supreme Court

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The case of Thomas Hyland, Auditor, et al. vs. the Central Iron & Steel company, which was a suit against the Auditor and Treasurer to enjoin them from collecting the taxes on the capital stock, as assessed by the County Board of Equalization, taken up by W. B. Schwartz, then county attorney, has been reversed in the Supreme Court.

“Local News of the Week,” Brazil Democrat (Brazil, Indiana), 24 September 1891, p. 1, col. 4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 7 February 2014).

Kentucky Tragedy

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KENTUCKY TRAGEDY
One Man Instantly Killed and Two Others Fatally Injured
LEXINGTON, Aug 28. – One of the bloodiest and most unprovoked murders ever committed in central Kentucky was enacted at Georgetown, Scott county, yesterday, in which one of the most prominent citizens and business men of the city was instantly killed, and two others were fatally wounded.
The difficulty started over a watermelon patch. Near Georgetown reside two families by the name of Kendall and Jarvis. The former has a large watermelon patch, and recently they accused the Jarvis boys of cutting their vines. Smarting under the accusation, the Jarvises went to Georgetown and swore out a peace warrant against the Kendalls.
The trial was set for yesterday morning. When they met in Georgetown the Kendalls opened fire on the Jarvis boys, who were said to be unarmed. In the firing, A. J. Montgomery was instantly killed while standing on the street, and the two Jarvises were each shot near the heart and are fatally hurt. Great excitement prevails, and a mob may be the result. The Kendalls were arrested.
The remains of the late A. J. Montgomery did not reach this city until Saturday morning, the connections at Indianapolis during the night having been…as to prevent the transfer being made from the eastern train to the Vandalia. Upon arrival the body was taken to the residence of Dr. W. J. Wolfe, from whence the funeral took place at 2 o’clock Saturday afternoon, the internment being in the Hill cemetery. Services having been conducted, by his pastor at Georgetown, Ky., previous to leaving there, no ceremony beyond a few songs and a prayer were held here, the burial being however conducted by the Masonic fraternity according to their ritual. Besides the family and relatives of the deceased, a large delegation of business men and former acquaintances of Mr. Montgomery attended the funeral. Hiram Teter, F. W. Schromyer, J. D. Sourwine, Peter T. Luther, A. W. Turner, and W. B. Schwartz acted as pall bearers.

“Kentucky Tragedy,” Brazil Democrat (Brazil, Indiana), 3 September 1891, p. 1, col. 3-4; digital image, Newspaper Archive (http://www.newspaperarchive.com : 6 February 2014).

A Law Point

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A LAW POINT

What is Thought of Attorney General Smith’s Opinion by Brazil Attorneys – – Will the Board Employ Griffin

In yesterday’s DEMOCRAT we stated that the City School Board had referred the matter of the propsed employment of Frank Griffin to the Attorney General for his opinion, which we learn from the Superintendent Chillson and the School Board is not the case, but that it was brought to his attention by Griffin himself. The fact that the Attorney General addressed the document to the Board in answer to the question raised led us to say what we did, in the absence of knowledge to the contrary. The opinion of Mr. Smith in the case is wholly gratuitous, no school officer, neither high nor low, having asked him for it.

It is plainly evident that the Attorney General is not familiar with all the facts in the case. He assumes that Griffin has heretofore been employed in our city schools, which is not the case. Then, again, he goes on the presumption that Mr. G. failed to teach the full school tern for the year 1890-91, because the County Superintendent’s revocation of his license, which is declared an illegal procedure, wholly unfounded in law, while, as a matter of fact, Griffin resigned the school voluntarily.

The opinion of the Attorney General in the construction of law is presumed to be good until set aside by decisions of the courts, when asked for by officers as a guide to the discharge of their duties under the Statue. Under his letter of instructions the City School Board may proceed to employ Griffin without any license or recognition on the part of the County Superintendent. In case he is so employed, Superintendent Chillson has given notice that he will test the matter in the courts.

A representative of the DEMOCRAT obtained the following expressions from our city attorneys bearing upon the Attorney-General’s opinion:

George A. Knight – The Attorney-General being the law adviser of State officers, and having elected to give an opinion to the School Board of this city on their right to employ Mr. Griffin, notwithstanding the fact of the County School Superintendent’s attempt to revoke his license, and in the absence of a decision of the courts upon the subject, the School Board is justified in employing Griffin as a teacher in the schools of the city. I examined the law carefully before the Hon. Attorney General published his opinion and reached substantially the same conclusion, and I believe his construction of the law to be correct.

Robert Fisher – If the facts upon which the Attorney General has given his opinion are correctly stated, the Board would be authorized to act in accordance with the opinion and would not be liable upon their bond for any loss accruing to the city from their acts. They are personally responsible for the correctness of the statement of facts. They render themselves responsible for the correctness of the facts by acting upon the opinion.

W. B. Schwartz – If Griffin taught any part of the school year and would have taught the full school year had he not been interfered with by the Superintendent, he has not forfeited his pre-emption license, and the attempted revocation by the County Superintendent is illegal and the City School Board will be authorized to pay him public money.

“A Law Point,” Brazil Democrat (Brazil, Indiana), 13 August 1891, p. 2, col. 1; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 5 Feburay 2014).

An eventful day

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AN EVENTFUL DAY

W. H. CHILLSON RE-ELECTED COUNTY SUPERINTENDENT

Lewis Miller Chosen County Assessor – – Commissioners and Circuit Court in Session

The most exciting contest for Superintendent of Schools ever known in Clay county terminated Monday morning by the re-election of W. H. Chillson, of Clay City. All the Township Trustees were present, assembling in the basement of the Court house, and after listening to short speeches by Messrs. J. L. Wilson and W. B. Schwartz in opposition to Mr. Chillson and by Mr. Nelson W. Marshlall in reply, a ballot to postpone the election until after dinner was taken, resulting three for to eight against. Candidates were then put in nomination, the first and only ballot resulting, Chillson eight and J. P. Koehler three. Trustees Winn, Schopmeyer and Wilson voted for Koehler, all the other casting their votes for Chillson.

“An Eventful Day,” The Brazil Democrat (Brazil, Indiana), 4 June 1891, p. 1, col. 5; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 4 February 2014).

Special prosecutor

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In the prosecution brought by the State, on the affidavit of Mark Carpenter, against Dr. Swinehart, some days ago, in Justice Shultz’s court, set for hearing to-day, Swinehart plead guilty to carrying concealed weapons and was fined $1 and costs, amounting to $55. W. B. Schwartz appeared as special prosecutor in the case.

“Local News for the Week,” The Brazil Democrat (Brazil, Indiana), 28 May 1891, p. 1, col. 3; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 3 February 2014).

Marked change

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Relatives of Mrs. W. B. Schwartz are greatly encouraged over her present condition. There is a marked change for the better.

“Personal Paragraphs,” The Brazil Democrat (Brazil, Indiana), p. 1, col. 4; digital image, Newspaper Archive (http://www.newspaperarchive.com : accessed 3 February 2014).