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it Friday.At the previous annual meeting of e Danville Association, of which Mt. .bor church was a member, both stions asked for recognition as the [ginal Baptist church, and both were jected. At the next yearly meeting © minority or “anti means” faction is recognized as such church.As soon as the majority had gained ssession of the property and refused vacate the same, the minority died It against the majority for eject-mt, possession and damages, the le of the cause being Albert Smith, m Scbeock and Thomas Shepherd, istees of the Mt. Tabor Baptist urch, plaintiffs, vs Robert Q. Pedigo, eeton Smith, Levi Shirley, Elza digo, Robert Whiffing and John K.[wards, defendants.Prior to the filing of the suit there en repeated attempts through the urch councils to compromise the Terences, but no agreement could be iched.rhe first trial was before Special dge John V. Hadley, of Danville, at 9 March term, 1890. The finding of 9 court was that the plaintiffs were 9 owners of the property sued tor d entitled to possession thereof, and rther that they recover from the de-idants the sum of 91 damages. On ition of defendants they were granted lew trial as a matter of right. The lintiffs were represented by the Hon. 8. Wesner and Hon. Thomas W. ckhart, and the defendants by Hon. omas J. Terhune and Hon. BartonHiggins.rhe second trial was heard at the ne term of 1890, with Special Judge R. Stephenson, of Noblesvlllo, on i bench. The trial occupied six days, d the court took the case under ad-ament Before the oourt's decision a made publlo, however, the plain* anticipating it to be in favor of »defendants, withdrew their papers im court, dismissed the case and paid i oasts, bnt soon thereafter refllod. e same attorneys, with the addition Judge W. K. Nlbbaok, of Indiana-is, assisting the plaintiffs, appeared this trial.udge Ralph Hill, of Indianapolis, islded at the third trial, whieh was ird at the Jnaa term, 1891. His And-r was for the plaintiffs, that they over possession of the house and 950 nages from defendants. Asa mat* of right a new trial was again mted defendants.I pec 1st Judge W. M. Franklin, of incer, was called upon to preside at i fourth trial, which waa heard at i November term, 1891. The plain*defendants.Since then the case has been pending a new trial and would have been tried for the sixth time at the April term of court, before ex Judge Monks, of the supreme court. A compromise, however, was desired, and last Friday the parties met at A. J. Shelby’s offioe and the proposition was made by the majority that a cash consideration of 9550 to be paid by one party and a complete surrender of the rights to the church property by the other party, give or take, and each party to pay its own costs. The proposition was accepted and the minority paid the cash consideration and took possession of the property, records and all other things belonging thereto. The total cost of the ligitatlon amounts to about95,000.The mioority held their eerviess at the old church last Saturday, the fleet since their ejectment. At present they have 55 members. The majority will build a new church in Fayette thH spring on modern plans. They have 143 members and will, until their house is completed, hold services in the Fayette Christian church the third Saturday and Sunday in each month. 'The building, which was the subject of all this litigation, was built In 1899 and was worth about 9800, bnt it we*the maintainance of the doctrine* vooated by the respectivewhich led to the litigation.Thus ends the most famous oh oase in the history of jurisprudence I* the United States. Some of the most prominent characters of the Baptist denomination were connected with the case as witnesses and principals. Rid. K. D. Thomas, of Henricka county, probably the ablest expounder of the “anti-means” doctrine, died June Id*1897, and Eld. Allen McDaniel, leaflet of the “anti-means” faction of the Mt. Tabor church, passed away la October,1898.The oosts in the last trial aggregated9347.99, of which 99S1.4S is taxed tods plaintiffs end 9119 47 to the ante.J,Si i,_vFVCLOSE or TM TBBX.OtreeO Court Adjourw—The FrsMisSlagl—Allowances MadeDina Trlmpe admx vs tbs city of Indianapolis for damages- Jury disagreed.Lebanon National Bank ot si vs Clinton school township etc. Judgment for defendant.Wm. H. Alford ys Thomas J, Shaft* burn et ml, on note. Dismfased at plaintiff's cost.Oaaslakod ea Mghsa
Newspaper Details
Lebanon Pioneer
Lebanon, Indiana, US
Thu, Mar 17, 1898
Page 5
Full Page
Clipped by
Lebanon P.
Indiana, USA 20 Feb 2018
Other Publications Near Lebanon, Indiana
The Boone County Ledger
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