Hide Article Text (OCR)
second by Col. (afterwards Gen.)rigade was composed of the iana, Twenty-fourth Indiana, udiana, Forty-sixtli Indiana and itli Wisconsin regiments of in-V.UU Ile Sixteenth Ohio battery, Firstsry, and First Michigan battery, ng composed of live regiments of ree batteries.brigade was composed of the Indiana, Twenty-fourth Iowa,Iowa and the Fifty-sixth Ohio infantry and two batteries, the tl I have forgotten, or would give ade being composed of four regiro batteries, the division being ine regiments and live batteries, )k part in that battle and stood the fight side by side, dan of formation was: McPherson lovev in the center, and Oster-ft, with the other divisions lui rve with the artillery, a of the First brigade of Kovey’s (he Forty-sixth Indiana on the iuth Indiana in the center, and th Wisconsin on the left, with the and Thirty-fourth Indiana and rear and reserve, ccial formation of tho Second hri-tthing personally, but I do know I way a on baud, and that it wascolored man stopped at the gate. The congressman went out and talked with him a short time, went into the house, returned and talked with him again a few minutes, when tho colored man left. When the congressman resumed his scat he remarked to the gentleman (who was known by him to be a Free-eoiler) that that was a runaway negro, that lie had given him some money, and directed him which way to go. ault;l where he could call with safety. The gentleman expressed his surprise that lie, a Whig member of Cougress, and an advocate of tho compromise measure, should so deliberately violate its provisions. All the reply vouchsafed was: “D it, we have todo many things as politicians which we will not do as men,”This was a more prevalent feeling among the people of the North than most persona are aware of. Although the writer was not a keeper of any station on the road nor an agent of the same, yet circumstances made him cognizant of manv transactions which the actors therein would, perhaps, not iike to have detailed even at this late any. Many a stray quarter and many a day’s rations were given to runaways by men who would have dreaded to be classed aa Abolitionists as they would have dreaded hydrophobia. They obeyed the scripture injunction to not let ou« hand know what was don© by the other, but nut from the motive suggested therein. *New Paris, O., September 13.THE COURT RECORD.Hovey’6 division had taken its battle, and had developed tho ishers, and skirmishing was going rate, when, by positive orders irant. who took a position about aar ot my regiment, the advance I the men lay down, and as mneh ised firiug until about 11 o’clock, ■we ordered to again advance, is time but little dara-;een. done to either side, men had been wounded. At the and each man sprung to his feet rapidly up the hill, upon ton of ted the enemy in force, who, un-lic assault, fled, and twenty-one rult of t he first charge. Within a after the crest or tho hill was ere joined by the reserve and two teen lit Ohio battery under Cap-mil with this addition the rebel nuch superior in numbers to us, ack about a mile, whon, being reed by fresh troops, they made a re, anu pressed back Hovey’s ; half a mile, when it made a r could get it no further. It was inter charge that Captain Mitchell That division then maintained re than four hours against a or enemy constantly reinforced i. It w’as during the timo the dialling back, and the stand it sustained its heaviest loss. The iver driven back to the first lino e rebels at the commencement of dirt not give up u gun captured., when the first brlgado was being and almost out or ammunition, r»nis went among the men and a little longer, boys.” “Hold on and General Hovey wiii relieve o’clock relief came in one brill Crocker’s division. Soon after t into position the rebels gave ietory was complete. Tims was ought and ended the battle of s so far na the Third division (ITo-ntli urtny corps, was concerned, the battle there was some talk nd A. J. Smith not coming to the , 'hen so hardly pressed, and it was | ral Logan had said, whon solicit-0 Hovey’s division, “Let Hovey’s le go in;” and many hard things the truth is, the generals, iike all it they were commanded to do, to have done.ef history of that battle it will be ret brigade was made up of more ?uth Indiana, Twenty-fourth Indi-iniU Wisconsin ami an Ohio bat-more than that were enentred, »rian who will be so cureless as to omit such anis not worthy of credit. T cants written by a member of either ta or buttery named. The portion eferring to the battle of Port Gib-eoun as that portion referring to Champion Hills. There were no LJlbson. The guns that were eap-iout which tho controversy arose,1 by two companies of the ma, one company of the Thirty-and three companies of the Forty -Tberc was a disposition on the to claim the honor who were notSupreme Court—September 13.Hon. George V. Howk, Chief-Justice.INDICTMENT—SUFFICIENCY OF ALLEGATIONS.The State vs. Calvin Snuth. Tipton C. C.Elliott, J.—An indiotiueut charged that the de fondant “did unlawfully commit an assault and battery upon the person of M. S., by then aud there, in a rude, iusolent and angry liiaunei touching, striking, beating, bruising and wouud-iug him. the said M. S.” Held: The indictment was lightly quashed for failing to Charge that the touching, striking, etc , were unlawful. (21 Ind., ‘14.1: 39 Iud., G i; G7 Ind., 401; 71 Iud.,280.] It is not necessary that the word unlawful t»lt; used if another term of the same import, is employed. (40 Ind., 289; 42 Ind., 570 ) Affirmed.SELLINGINTOXICATING LIQUORS — ELECTION DAY.The State vs. Peter Kidd. Jackson C. C.Woods, J.—An election for the purpose of taking a vote on the question of establishing watei works in a city, is a municipal election within the meaning of the act- of March 5, 1877, forbidding the sale of intoxicating liquors on election days. Said act of 1S77 includes not only Bueh electioif days as were known to the law at the time of its passage, bur. all that may have sinee been established. Appeal of the State sustained.SUIT TO RECOVER REAL ESTATE-CORRECTING MISTAKE IN DEED—INSTRUCTIONS—BILL OI EXCEPTIONS.'William S. Smith vs. Harriet Kyler. Boon*c. c.Howk, C. J.—A complaint for the recovery ol real estate is not bad on demurrer for failure tr allege that defendants “unlawfully” kepi plaiutiffs out of possession, if expressions equivalent to this are used, Aud the allegations that the plaintiffs were the owners, and entitled to the possession of the real estate, and that the defendants kept them out of the possession thereof without right, aro sufficient. Xu such an action plaintiffs may have a mistake in their title papers corrected, even though the allegation a in regard to euch mistake would be insufficient in a direct action to reform such instrument.Instructions, whether given or refused, cannot be made a pare of the record by sotting them out in a motion for a new trial. (67 Ind., 557.)The refusal to give instructions asked cannot be pronounced erroneous .in the absence of the instructions giveu by the.court- (601ml., 282; 70Ind., 298; 71 Ind., 179.) Where evidence is objected to, the ground of the objection must be stated to the trial court. (57 Ind., 248.)In order to entitle a tax deed to be admitted as evidence of title, it must lo shown that the owner of the land sold for taxes had no personal property iu the county subject to distress and sale, and the testimony of the county auditor that there was no personal property assessed to such person, as shown by the records of his office, iB not sufficient proof of such fact. (57 Ind., 276; 53 Ind., 196; 47 Ind., 246.) Affirmed.tempt to write up these events. ly present ought to consult those ent anu remember something of:e.July, after the battle, our divis-over t he lield aud found that so sn the firing that all tho timber I died from tho effects of sun-cvidence of the magnitude of theF. P.September 12.,of tho communication criticised nd participated in the fight at s quite as much aa “F. S.”—Editorstate Hoard of Health.t the Indianapolis Journal: break the long silence that has itillncss all the talk, all the State re. which have fur so many years : sentiment in the 8tate of Iudi-rlticU the people’s representatives to give the State a public health What influence baa induced our• to so long delay the appointmeut en who aro to constitute The board t law* Has some cause unknown mde it proper for the Governor to lal caution in the exercise of this tlbut Infer that the long delaya a better chnnco to deter-will best inaugurate theh movement, who willdepartment tho best abilityi most efficient service. Who wille honor or the State in its new poll highway of public progress? No u)d bo here brought into reqttisi-l-veBpondent has been informed i applications have been tuudr, nre accompanied by formidable out. Your correspondent needa readers of the Journal of bow btaiu recommendations. It is too t that the recommending partyto investigate tho fitness of tho ideil. or that they resist tho influ-[»n friendship or old acquaintance, mmended because they t»re called Some because they have rendered ce in politics. Some because they era. In inis way almost anyone ttt and bring in a petition ovcrnor us long as the looument presented to the last Many efforts will be put forth to ►vernorin making these appoint-e satisfied thut.no ntuu cun please But if it shall appear that the cut loose from uil other constdcra-,t of fitness of the men appointedthey buveto pvrroim the people* motives, aud bless luci for IllsAPPEALS IN CRIMINAL CASES—FILING TRANSCRIPT.Sebastian Price vs. the State. Morgan, C. C.Niblnck, J.—An appeal in a criminal case is considered as taken oil the day on which notir.© of the appeal is fully served on the proper 'officers or party, ntid where such notice was served on the 30th day of December, 1880, and the transcript was not filed until the 5th day of Jau-uary, 1881, held, the transcript waa not filed within thirty days after the appeal was taken, as required by law. Motion to diamlas appeal sustained.Superior Court.Room No. 1—Hon. John A. Holman, Judge.Henry H. Cook vs. E. D. Woodruff et a!.; foreclosure. On trial by jury.Room No. 2—Hon. Daniel W. Ilowe, Judge.Jonathan Edwards, trustee, vs. Oliver T. Bowen et ah: suit for foreclosure. Judgment against Oliver T. Bowen for $2,478.85.Elizabeth Truman vs. Woodford C. Trnman; divorce. Granted plaintiff arm $25 alimony.William I.ee vs. Mary Coen; suit for possession of real estate. Tried by court. Judgment agamst Mary Coen for $40 and possession ol real estate.State ex rel. Justin A. Kellogg vb. Henry C. Adams: mandate. Tried by court and takeu under advisement.'Elizabeth C. Smith vs. Susan D. Smith et al.; suit to quiet title. Dismissed aud costs paid.Room No. a—Hon. Lewis (J. Walker, Judge.Lucien W. B. Hetselgrsaer vs. Win. McWhorter; suit on note. Finding for defondant.Dennis Mahan vs. Levi Boltin; suit on account. Dismissed for want of prosecution.Southeast Saving and Loan Association vs. Heinrich Kanpfer et al.; foreclosure. Judgment against, defendant for $75.Henry G. C. Bala vs. Charles Sohweieho; fore closure. Dismissed and coBts paid.In tho cuiise of Wat. H. English va. Edgar J. Foster, tho motion for a new trial was overruled.John B. Stoiuph vs. Christina Stumph; parti tlon. Suit tried and taken under advisement bj the court.Harrison Woodsntnll vs. Christ. Hilgeuberg suit to quiet tltte. On trial by tho court.John T. Pressly ct ul. vs. Frank Bcokuinn el ah; replevin suit. Dismissed as to Wnt. M. Corrj and judgment vs. Frank Beckman and Siduej W. Pease.Jennie Sterrctt vs. John C. Sterrett; ault foi divorce. A decree grunted on proof of failure tc provide. _Circuit Court.Hon. Jonhii:i G. Adame, Judge.Eliza A. Goff vs. Mercantile Trust Company to quiet title. Jury returned for plaintiff'.Matthew M. Dodds vs. Dodds, adintnlstratoi estate of Johu M. Dodds, deceased; claim. Oi trial by court.Emma Prutt vs. John M. McKabnn ot ah; slan der. Pluiutiff granted permiHSlon to Ninuud com plalut, and the caae continued indefinitely.Cimlnnl Court.Hon. Juntos K. Hellor, Judge.Richard Cash, assault and battery, Defendan1 fined $1 aud costa on plea of guilty.Tiif. Day Kidney Port ia tho moat effcotlvlt; and cheapest remedy for diseases of the kidneyi and urinary organs. Send stamp for pamphlet Day Kidney Pad Co., Buffalo, N. Y,
Newspaper Details
Indianapolis Journal
Indianapolis, Indiana, US
Wed, Sep 14, 1881
Page 3
Full Page
Clipped by
Stuart S.
USA 12 Jun 2019
Other Publications Near Indianapolis, Indiana
Indianapolis Daily Sentinel
Indianapolis Republican Convention
Indianapolis Daily State Sentinel
Indianapolis Indiana Democrat
Indianapolis Press
