Tag Archives: Indiana

Clay Circuit Court

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).

A Bad Fight

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A 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

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One 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

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LAWYER 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

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A 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).

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).

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).