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 Many pages are not included in this research, as the names of individuals are missing because of the fire of 1913.

Our apologies for names that may be misspelled as old handwriting is difficult to decipher.

Copies of these documents maybe obtained from the DeKalb County Clerk’s office if an Order book or Microfilm is referenced.

If the Recorders Office is referenced, the document may be found in the DeKalb County Recorder’s Office. Where there are Quiet Titles, the Defendants were one-time landowners and the complaint is generally to clear the title to the land. When it is a Partition, it is usually to settle an estate and sell the land. All records pertaining to land and mortgages will be found in the Recorder’s Office, DeKalb County Court House, Main Street, Auburn, IN. 46706. Cost is $1.00 per sheet.

If a newspaper is referenced, a copy can be obtained from the Willennar Genealogy Center. Please email Lynn Kaiser for assistance - lkaiser@epl.lib.in.us.

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CIVIL RECORD	DATE	PLAINTIFF	DEFENDANT	OTHERS	COURT INFORMATION
Order Book 43	December Term 1908 Pages 2 & 3.		Waubgamus, Anthony		Good share of this document burned. Defendant in default There Was a life estate for a Margaret Waubgamus on the property at the Southwest ¼ of the northwest ¼ of section 16, Township 35 north, range 12 East.
Order Book 43	March Term 1909, Page 201	? Mary	Gee, Ida		Slander
Order Book 43	March Term 1909, Page 144 May Term Page 339	A. H. Perfect Co.	Miller, George		Case 8474. Account. Page 339 Court trial finds for the plaintiff I the amount of $60.45 due from the Defendant.
Order Book 43	May Term 1909, Page 323	A. S. Perfect Co.	Miller, George		Case 8474 Account Defendant in default.
Order Book 43	May Term 1909 Page 342, 366, 398, 400	Allen, Clyde	Steuben Electric and Telephone Co.		Page 366 Case continued. Page 398 Defendant files for change of venue form DeKalb County. Page 400 Changed to Allen County Superior Court.
Order Book 43	March Term 1909, Page 247, 294	Allen, Mary Edith Administrarix of Estate of Emma Frederick	Slaybaugh, Hiram H. Treasurer		Injunction Court finds for the Plaintiff and the Auditor Emory Shook and Treasurer of DeKalb County, H. H. Slaybaugh are restrained and enjoined from collecting or attempting to collect taxes (rest of document destroyed by 1913 fire).
Order Book 43	May Term 1909 Page 486	Allman, Nelson R.	Woodward, Robert et al	Other defendant; Willie? Woodward	Case 8536 On Note and foreclosure of Mortgage. Defendants are three times called and in default. Plaintiff is due $415.41 and should have judgment of foreclosure.
Order Book 43	March Term 1909, Page 125, 140	American Seeding Machinery Co.	Krabill, Henry W.		Case 8431 Complaint for conversion. Page 140 Case 8431
Order Book 43	December Term 1908, Page 90-92 March Term 1909, Page 269	Anderson, Cecilia M. et al	Haskins, Esther M. et al	Other Plaintiff Calvin Hathaway other defendants: Otto J. Shaw and Elmer Dawson, James D. Wilcox, Romaine C. Campbell.	Partition. Part of document destroyed by fire Otto J. Shaw and Elmer Dawson were served summons by the Sheriff of Pulaski County, Indiana Defendants are in default. Jury finds that Calvin Hathaway, Jessie Hathaway and Celesta A. Anderson. And the defendant Esther M. Haskins are the owners as tenants in common of the real estate and Calvin and Jessie Hathaway are the owners ?. Page 269 Case 8470 Plaintiff files motion to set aside the order of sale and the judgment heretofore entered set aside. Cause is dismissed.
Order Book 43	March Term 1909, Page 182, 389	Aschelman, Christopher,	Fitch, Frank E et al	Other Defendant: Frank Bradley	Account Page 389 Frank Bradley in default. Goes to Court for trial. Both defendants owe $62.50 to Plaintiff. Cross complaint for Frank E. Fitch is entitled to receive from Frank Bradley $450. and is entitled to have the mortgage foreclosed. .
Order Book 43	March Term 1909, Page 156, 157, 158,159, 197	Baker, Maude et al	Miser, Chester et al	Other Plaintiff Homer C. Baker, Other defendant: Curtis Miser, Christian Miser, Blonde Miser, Fretta Casselman, Edward Casselman, Clara Keller, Clinton Keller, Laura Miser, Victor Miser,	Partition Sale of Real Estate to Edward Casselman: the Northwest? of the Southeast ¼ of Section 12, Township 34 North Range 12 East. Part of document destroyed by 1913 fire. Page 197 Commissioner ordered to pay the clerk $145.43 for the use of Curtis Miser and like amount for the use of Clara Keller, like amount for the use of Chester Keller, a like amount for the use of Laura Miser and a like amount for the use of Victor Miser. In Recorder’s Office there a Commissioners Deed for the cause of Monda? Baker et al and Christian? Miser is defendant. The land is conveyed to Edward Casselman and Alfretia Casselman for the sum of $1600. The land: the Northwest ¼ of the Southeast ¼ of Section 12 Township 34 North Range 12 East.
Order Book 43	March Term 1909, Page 139, 280, May Term 1909 Page 456	Baldwin, Henry J.	Sheldon, Lillian		Promissory Note. Case 8328 Page 280 case continued. Page 456 Due to the illness of J. W. Baxter, the attorney in this case, the cause is set for October.
Order Book 43	May Term 1909 Page 510	Bartley, Rudolph A.	McInturf, Louis H.	Other Plaintiff Walter Mnahawk et al	Case 8592 Court finds for the defendant.
Order Book 43	March Term 1909, Page 264, 266, 267	Bartlett, Frank	Elston, Frank L. et al	Other Defendant Maude E. Elston	Case 8511 Note and foreclosure of mortgage. Court trials. Court finds for the plaintiff $1,132.70 Page 266 part of document destroyed. Court grants foreclosure of the premises.
Order Book 43           Auburn Courier                   Waterloo Press	May Term 1909 Page 485         Monday, July 8, 1909                   July 15, 1909	Bell, George et al	Kelley, Charles et al	Other Plaintiffs: P Hoffman, Cyrus M. Phillips. Other defendants Herschel C. Kelley, Mary G. Williams, Alfred Kelley, Herman Grueter.	Case 8575 Appeal Bond. Cause is dismissed.         News received Saturday afternoon is to the effect that the supreme court of Indianapolis has denied the petition for a rehearing in the case of Charles Kelley vs. George Bell, appealed from the court of DeKalb County. In the suit filed today in the DeKalb Circuit court there is another chapter to write in the famous Bell Kelley case, which has bee in the courts for the last five years in its various phases, having originally been begun in 1904. Originally it was a suit brought by George Bell against Charles Kelley to recover damages in the sum of $5,0000 but was never able to collect the amount by execution. Finally suit was begun in and of execution to submit United States bonds held by Kelley to its payment. These bonds were transferred to the children of Kelley. They fought this latter case was then appealed to the supreme court and the latter court sustained the decision of the circuit court. In this appeal a bond was given, Charles Kelley, Herschel Kelley, Mary G. Williams, Alfred Kelley and Herman Grueter being its signers. Now suit is brought in the circuit court in DeKalb County on this bond to recover the original judgment, $5,000, costs etc. amounting in altogether over $7,000. The case is entitled GE. Bell, P. V. Hoffman and Cyrus M. Phillips vs. Charles Kelley, Herschel Kelley, Mary G. Williams, Alfred Kelley and Herman Grueter.
Order Book 43	March Term 1909, Page 134, 144	Beminghoff, (Bennyhoff?) Daniel	Hampshire, Solomon Claud		On note. Case 8487, Case is settled and dismissed. Case 144 Case is dismissed and costs paid.
Order Book 43	December Term 1908, Page 81-84	Bevere, Almeda et al	Dennison, J. a. Adm of Libbie Bust Estate.		Good part of document destroyed by 1913 fire. Shows receipt of cash for the estate and the payment made (with parts burned)
Order Book 43                 Auburn Courier	March Term 1909, Page 144, 155, May Term 1909 Page 467, 468         July 12, 1909	Blair, Lewis J.	Baker, Daniel Admr of Frank Draggoo estate		Replevin. Case 8477. Page 155 case continued. Page 467 Goes to Jury for trial. Page 468 We the jury find that the Plaintiff to take nothing and that the defendant recover his costs. The trial of the case of Lewis J. Blair vs. Daniel J. Baker, Administrator of the estate of Frank Draggoo, deceased, was begun before a jury in the circuit court Thursday forenoon with P. V. Hoffman representing the plaintiff and. H. Rose the defendant as attorneys. It is a suit brought I replevin to recover the possession of a three-year old horse, Red Hal, valued at $150 a buggy valued at $50, and harness and robe. The plaintiffs also demands damages to the sum of $50 for the detention of the property. With the trial of the case ended the jury will be given a vacation, being excused until August 30, when court will again convene and several important jury cases be tried, among which will be the Garrett drain case and a Butler case. The jury brought a verdict for the defendant in the above case.
Order Book 43	May Term 1909 Page 509	Blomeke, Mary	Barker, Davis A.		Account Case 8597.
Order Book 43	March Term 1909, Page 134	Boardman, Will H.	Dolph, Charles B. et al	Other Defendants: George Dolph, City of Garrett et al	Partition Case 8182 Agreement made by the parties and the case is dismissed.
Order Book 43                                 Auburn Courier	March Term 1909, Page 261, 277, May Term 338, 448                           Thursday, July 1, 1909	Boozer, Ella et al	Supreme Lodge Modern American Fraternal Order	Other Plaintiffs: Ralph Boozer, Ella Boozer guardian of Ralph Boozer	Case 8212 Part of document missing due to the 1913 fire. Page 277 For Benefit. Case continued. Page 338 Case continued. Page 448 Court finds for the plaintiffs in the amount of $1800. Ellen Boozer files certified copy of her appointment as guardian of Ralph Boozer, by the Probate Court of Hillsdale County, Michigan. The action brought by Ella Boozer against the Supreme Lodge of M. A. Order was settled in DeKalb Circuit Court Monday the defendant paying the plaintiff $1,800 and paying court costs.
Auburn Courier	March 4, 1909	Borst, Frank A	Baker, Harley		Sheriffs Sale. By virtue of an execution issued on a judgment rendered in the DeKalb Circuit Court on January , 1909.. offer for public Sale. The undivided o/1 of lots 143, 144 Western Addition in the town , now City of Auburn, Indiana.
Order Book 43               Auburn Courier                                                                                                       Auburn Courier                                                                                                                                                                                                                               Order Book 43	December Term 1908 Page 70, 88, 94-96           February 1, 1909                                                                                                       Thursday, February 4, 1909                                                                                                                       Monday, June 14, 1909                                                                                               March Term 1909, Page 165	Bubb, George Administrator of the estate of Anthony Bubb	Fort Wayne & Springfield R. R. Co.		Damages. Page 88 Case continued. Page 94-96 much of article destroyed by 1913 fire; but the jury could not come to a verdict and the jury was discharged from the case. The testimony in the case of Bubb, Administrator vs. the Fort Wayne & Springfield R. R. Co, which has been on trial in the circuit court all the week, was finished late Friday afternoon and the Jury excused until Tuesday, when the argument will take place. Judge Bratton will open the Steuben Circuit court at Angola on Monday and return here for the purpose of finishing up the Bubb Case. The attendance at court during the trial of the case has been large. The accident that resulted in the death of Anthony Bubb, for which the administrator is seeking damages, occurred at Nine Mile, a small station In Allen County, a year ago. The case was venued here from Allen County. Many witnesses from the vicinity have been here all the week attending the trial. The case has been strongly fought. The defense claims that the decedent was a trespasser on the interurban tracks at the time he was killed. "…Anthony Bubb, for whose death the plaintiff is seeking to recover damages in the sum of $10,000, was a resident of Nine Mile, a way station on the Fort Wayne & Springfield Interurban, half way between Fort Wayne and Decatur. He was a man sixty-eight years of age. He moved to Nine Mile forty years ago and by thrift accumulated a farm. Nine Mile is but a small station only a few house being there but because of its location Mr. Bubb had there a sort of store and a boarding house, and at times did considerable business. He was one of the best-known man in that part of the county. The tracks of the interurban railroad ran along within twenty-five feet of the front of his house. On the opposite side of the tract was there freight platform. There the freight received for Mr. Bubb was deposited. One day, on the 10th of January 1908, Mr. Bubb was crossing the tracks from his house to the freight platform to get some goods when he was struck by an interurban car and killed. His heirs clam that his death was due to the negligence of the company. Very near to the Bubb house the company maintained a switch. Onto this switch at the time of the accident a northbound car had been run so as to allow the limited coming from the north. This car standing on the switch obstructed the view of the track from the direction the limited was approaching. Hence Mr. Bubb did not see his danger and was killed. (There is more detail; but for the sake of space-The Jury was unable to agree and Judge Bratton discharged them.) A $10,000 damage suite was held in circuit court here this morning on change of venue from the Allen Circuit court at Fort Wayne. The plaintiff is George Bubb, and he files the suit, as administrator of the estate of Anthony Bubb, in behalf of the latter’s widow, Sarah Bubb, and her ten children. The damage suit grows out of a fatal accident on the Fort Wayne & Springfield Traction line, which company is made defendant in the suit. On January 10,1908, Anthony Bubb was crossing the traction company’s tracks between Fort Wayne and Decatur, when he was struck by a limited are, alleged to be running sixty mile an hour to make up eight minutes that it was late. Bubb’s view is alleged to have been obstructed by a car standing on a siding and by trees and the company’s employees are alleged to have been negligent in not being stationed so as to give warning especially the crew of the car standing on the siding. Bubb had a place of business opposite the traction company’s station and it s alleged he was crossing the tracks on business purposes to deposit freight for shipment. The firm of Colericks of Fort Wayne are Plaintiff’s attorneys. _From the Bluffton news. The case was tried in the circuit court At Auburn during the past winters and the jury disagreed Page 165 Case is dismissed with prejudice
Order Book 43                             Auburn Courier	May Term 1909 Page 466, 469, 478, 485, 498, 509, 510                     July 12, 1909	Bursley, Gilbert E.	Daniels, Miram L. et al	Other plaintiffs: James M. McKay, Frank K. Stafford, Frank L. Swack? Other defendants; Lois H. McInturf.	For Receiver. Case 8571 Page 469 Attorney appears for Louis H. McInturf. Page 478 Case continued. Page 485 Case continued. Page 498 Case continued. Page 509, 510 Plaintiff dismiss case against Daniels and Court finds for the Defendant McInturf. Creditors of Butler Grocer Firm Make a Request for a Receiver. Suit has been brought in this circuit court by The Russ Company et al and the Bursley company et al asking for the appointment of a receiver to adjust the business of Louis H. McIntosh and Marion Dannells partners engaged in business at Butler as grocers. The indebtedness filed aggregates over $800
Order Book 43	December Term 1908, Page 74-79	Camp, Amanda E. et al	Miller, Albert DeForest Guardian of Ethel V. Camp Minor	Other Plaintiff’s Mabel C. Judson, Maude B. Duncan, Emma H. Miller & Jesse W. Camp.	Good share of document destroyed by fire. Aaron Camp died in testate the owner of a part of the North ½ of Section 6 in Township 35 North Range 13 East. Amanda E. Camp is the widow of Aaron Camp. His children: Jesse W. Camp, Mabel Judson, Maude B. Duncan, Eva H. Miller and Ethel V. Camp Ethel V. Camp is a minor and Albert Deforest Miller has been duly appointed her guardian. The rest seems to be the partition of the land to the heirs. In Recorder’s Office Deed Book 77 Pages 213, 214 there is a Copy of Decree Deed for this case 8479 Partition. Amanda E Camp is the owner of a part of the North ½ of Section 6 in township 35 North Range 13 East (fuller description is include) and the deed goes on to partition the land to the other plaintiffs including Ethel V. Camp. Property is in Ashley.
Order Book 43	December Term 1908, Page 23	Camp, Maude E. by her next friend Charles W. Camp	Chicago, Indianapolis and Louisville R. R. Co.		Court rules that the Plaintiff is entitled to recover $100 from the defendant.
Order Book 43	March Term 1909, Page 197 May Term Page 326, 354	Card, Phineas A et al	Haynes, Edward F.	Other Plaintiff: William P. Card partners doing business under the name of C. A. Card & Sons	Case 8535 On Contract Plaintiff moves to dismiss the case without prejudice. Page 326 Case continued. Page 354 Play costs of cause 8246.
Order Book 43	March Term 1909, Page 161,	Card, Phineas A. et al	Cupp, John J. et al	Other Plaintiff: William P. Card partners doing business under the name of C. A. Card & Sons, Other Defendants Hiram H. Cupp	Case 8250 Complaint on contract. Cause settled and dismissed.
Order Book 43	December Term 1908, Page 10, 140, 195	Carmer, Jeremiah administrator of the Estate of Carol Mortoff	City National Bank of Auburn	Other Defendant W. D. Jenkins.	Case 8409 Come now W.D. Jenkins and as to be made a party defendant and that he be substituted for the City National Bank. (some of document destroyed by the 1913 fire) Page 140 W. D. Jenkins applies to be a defendant in the case 8409 Page 195 case continued.
Order Book 43	May Term 1909 Page 473, 486	Carpenter, Bertha M.	Platt, Flora E. et al	Other defendants William Platt, Mary A. Jones, and George L. Jones	To confirm deed and quiet title. Case 8574. Mary A and George L Jones file answer except a life estate of the defendant Mary A. Jones. Page 486 William and Flora Platt are in default. Court finds for Plaintiff that she is the owner of the Real Estate with Mary A. Jones having a life estate. In Recorder’s Office Deed Book 77 Page 543 there is a Copy of This decree. The land is the Southwest ¼ of Section 14 in township 35 North of range 14 East, excepting 54 acres off the east side thereof and excepting also that the defendant Mary A. Jones has and hold the right of the use and benefit of the undivided ½ of the said real estate for and during the term of her natural life.
Order Book 43	March Term 1909, Page 165, 173-177	Carson, Thomas S.	McCutcheson, ?	Other Defendants: Fred Schulthess, Benjamin Lev and Lucia Levi.	Quiet Title. Most of the pages in 173-177 are destroyed and difficult to make any sense to it.
Order Book 43	May Term 1909 Page 391, 461	Cass, John F.	Osfal, Henry S.		Account Case 8324. Attorneys appear for plaintiff. Page 461 Court finds for the Plaintiff. (amount is not available due to parts of document missing)
Order Book 43	March Term 1909, Page 182	Champion Potato Machine Co.	Krabill, Henry W.		Account. Court finds for the Plaintiff and they are to recover $243. from the defendant.
Order Book 43	March Term 1909 Page 301	Clark, George J.	Trumple, Peter et al	Other Defendants Elmer C. Strause, Charles Hopkins.	Good share of document destroyed by 1913 fire. Plaintiff to recover $112. from defendant.
Auburn Courier       Order Book 43	February 22, 1909       March Term 1909, Page 146, 243	Colby, Sarah	Colby, Thomas	Other Defendants: Charles and Gertrude Colby.	This is to replevin household goods valued at $200 and damages in the sum of $200. Page 146 replevin Case 8491 Defendants appear with attorney. Page 243. Cause is settled and dismissed.
Order Book 43	May Term 1909 Page 341, 430	Cole, Maude R.	Livergood, Alvin A.		Replevin. Case 8547. Plaintiff ordered to pay the clerk of the court a cash deposit of $25 and to furnish a regular cash bond. Page 430 Case continued.
Order Book 43                       Butler Weekly Record	March Term 1909, Page 201, May Term 1909 Page 469, 479, 484               January 15, 1909	Cook, Jacob	City of Butler		Case 8467 Injunction Page 469 Subpoena to be issued for Frank A. Brink Clerk of the City of Butler and R.C. Campbell Treasurer. Page 479 Case continued. Page 484 Case continued.     The City of Butler was made defendant in a big injunction suit begun Tuesday in the circuit court by Jacob Cook, a property owner. This suit grows out of the construction of the big sewer in this city. In his complaint he says that the city has had constructed a sewer at a total cost of $50,181.61. Of this sum $10,000 was assessed against the city, $3,000 of which were paid in cash in December last and steps taken to pay the remaining, $7,000 in city orders. There was also an expense of $3,000 which fell to the city, this arising from hiring civil engineers, clerks, buying books, bonds, etc. The purpose of this suit is to enjoin the city from issuing the $7,000 in city orders or paying the $3,000 for hire and other expenses incidental to the construction of the sewer. The reason assigned y Mr. Cook is that such assessment is illegal inasmuch as the city is now taxed to the limit of the law and to add $10,000 more would necessitate raising the rate of taxation above the limit. As the city council is now arranging to fix the rate to raise the necessary money to meet the $17,000 obligation. He asks that the city be enjoined until a hearing can be had and then to make the injunction a permanent one.
Order Book 43	May Term 1909 Page 512	Cox, I. N.	Cass, J. F.		To release from bond.
Deed Book 77	Page 374, 375	Crawford, Seigal E.	Millington, Abel et al		Cause 8380 Court decrees that Seigal Crawford is the owner of the North ½ of the Northeast ¼ and the Southeast ¼ of Said Northeast ¼ all of Section 31 in Township 35 North of Range 12 East, except a part of the northwest ¼ of the northeast ¼ of section 31 Township 35 North of Range 12 East. (Fuller description is in the deed) Lands covered by Wyleyo Lake in DeKalb County are mentioned.
Order Book 43               Auburn Courier	March Term 1909, Page 133             June 14, 1909	Cronin, Bessie	Fort Wayne News Company		Case 7504 Damages. Auburn Courier, March 8, 1909 Dismissed because of the failure of the plaintiff to file an amended complaint as ordered by the Court. Judgment that the plaintiff recover nothing and that the defendants recover their costs. A suit for damages that was carried for a long time on the civil docket of the circuit court of DeKalb County, venued here from Allen County, was that of Bessie Cronin vs. the Fort Wayne Daily News in which the plaintiff sued for $50,000 damages The plaintiff is a young lady living at Valparaiso, IN and several years ago was a student in he normal schools there. She had studied law and since that time has been admitted to the bar. One evening in a girlish freak, so the newspapers mentioned at the time, she perpetrated a joke on a young man of Valparaiso, a fellow student at the school. The newspapers secured the particulars of the affair and made a sensation of it and it was published in various papers throughout the country. Being sent out as telegraph by the telegraph associations. Among these newspapers were the fort Wayne News and the Fort Wayne Journal Gazette, both of which put the account under sensational headlines. Miss Cronin claimed that the matter stated in these accounts was untrue, that it injured her character, and brought her into disrepute. Hence she brought suit against a number of these papers, among which were the Valparaiso Sun, the Fort Wayne news and the Journal Gazette laying damages in each case at $50,000. Outside the filing of the complaint and the answer and taking of depositions nothing was done in regard to the case in this county, venued fro Allen. It ran along on the docket for several years. P. F. Hoffman of this city being the local attorney for Miss Cronin, and was finally dismissed at he March term of court. The point of interest in the various suits just now is that the complaint in one of the cases, that against the Valparaiso Sun has just been held good by the Supreme Court of Indiana. (There follows their decision)
Order Book 43	May Term 1909 Page 430	Culbertson, Ray	Thomas, Ralph L. Sheriff		Habeas Corpus Case 8537 Case is dismissed by Plaintiff.
Auburn Courier	Thursday, February 11, 1908	Davis, E. Gregg	Robbins, Wm. H.		The case of E. Gregg Davis vs. Wm. H. Robbins, in which the plaintiff sues the defendant for $300 commission as agent for the sale of an 80 acre farm and attorney fees of $200 has been venued from the Whitley County court t the DeKalb circuit court for trial. It is brought to the court here for retrial. It was tried once in the Whitley circuit court and the jury rendered a verdict in favor of the defendant. H. Gregg Davis was a well-known real estate agent at Fort Wayne. (Part of document difficult to read) He afterward, he says, induced one George L. Cowan of Hoswell, Indiana to visit said farm and look it over with a view to purchase. About three weeks afterward said Cowan purchased said farm, without the knowledge of plaintiff, of said Robins, paying for it $6,200. Plaintiff then demanded his commission fees, which defendant refused to pay. The answer of the defendant Robbins is that Davis did not effect the sale of the farm within the time prescribed by the contract.
Auburn Courier	May 17, 1909	Davis, Jos	Wiley, Max et al	Other Defendant Sam Jordan	In the cases for alleged bunco steering against Max Wiley and Sam Jordan, brought by Jos. M. Davis of this city, the latter claiming t have been swindled out of some $3,000 on a fake wrestling match by the two first named, the Courier has recorded "scoops" on its contemporaries in both the opening and the closing chapters of this interesting and sensational newspaper story. The Courier was the first to record the fake wrestling match and the alleged $3,000 swindle, and this too, at a time when other papers were treating it as a "joke." And intimating that there was nothing in it."" They all took up the story later, however, but not until the arrest of Wiley and Jordan had been made. Then they awoke in earnest in the fact that there was something in the story. The closing chapter of this story the Courier was also the first to give and in the giving of it recorded another "scoop’ This it gave in its issued of Thursday evening, the dismissal of the cases at Angola by Judge Bratton, the cancellation of the bond and the release from jail of Jordan, a fact that no other paper of Thursday evening gave. There is but littlie else to tell in thus story. The main facts have been covered by the Courier. Only the court proceedings in detail, the motion of the prosecuting attorney for the dismal of the cases and the order of Judge Bratton made in court. There follows the Prosecutors Motion ad the Judges Order.
Auburn Courier                                                         Order Book 43	Monday, April 12, 1909                                                       March Term 1909, Page 249, 270, 271	Davis, Jos.	Trovinger, Simon et al	Other Defendant Bert Trovinger	Concerning the lease of the building at the corner of Ninth and Cedar streets, which was on trail before a jury in the circuit court, has been settled and dismissed. The settlement having been reached just before the noon hour adjournment on Friday. The plaintiff had introduced the contract on which the suit was founded and the defendants had introduced their evidence when the attorneys of parties conferred and the settlement was reached. Rose and Brown were the attorneys for the plaintiff and Baxter and West represented the defendants. By the terms of the settlement each of the parties continues his former rights under the least from the owner of the building and will occupy their respective portions, one as an implement dealt and the other in the poultry business. Each pays half the costs Case 8497 postponed until April 8, 1909 Page 270 , 271 goes to jury for trial. by agreement the parties settle the cause and case is withdrawn from the Jury and Plaintiff dismiss his complaint and defendants dismiss their cross complaint.
Waterloo Press                                                 Order Book 43	May 13, 1909                                                 May Term 1909 Page 326	Dawson, Florence	Campbell, Romamaine	Other defendant J. D. Wilcox	Through her attorney, P. V. Hoffman, Florence Dawson has filed suit in the circuit court asking that Romamaine Campbell and J.D. Wilcox be restrained from cutting timber on their farm of 120 acres situated in this county. The complainant claims she holds a mortgage on the farm of $3,500 and that the farm is hardly worth that sum if she should foreclose. Knisely Bros. Of Butler, have a mortgage on the place for $3,800. Injunction and Damages Attorneys appear for the defendant
Order Book 43	March Term 1909, Page 134	DePew, William	Chicago and Interurban R. R. Co.		Quiet title.
Order Book 43	May Term 1909 Page 399	Don & Snell Co.	Beams, Jack		Case 8540 Account. Cause is dismissed and costs paid.
Order Book 43 Auburn Courier	May Term 1909 Page 516 August 9, 1909	Drinkwater, Emilie	Seibert, Joseph		Case 8484 Slander.   Emilie Drinkwater, who resides at Garrett, has brought suit in the circuit court against Joseph Seibert, also of Garret, for damages in the sum of $1,000 for alleged slander. The words uttered by the defendant of the suit, so it is set out in the complaint filed by Sharpless & Atkinson the attorneys for the plaintiff, are as follows: "Mrs. Drinkwater milked my cow, I wired the gate, but still she milked my cow." The complaint stated that these words meant and were understood to mean that the plaintiff was guilty of petit larceny. It also states that the plaintiff was not and had not been in the employ of the defendant and tat she had no right to do the tings mentioned. It is claimed by the plaintiff the words mentioned were uttered in July of 1908 and they were said maliciously, falsely and with intent to injure and destroy the plaintiffs reputation
Order Book 43       Auburn Courier	May Term 1909 Page 507     August 23, 1909	Eberly, Violet by T .Eberly her next friend	Mortimer, James D. Receiver of the Toledo?		Curt finds for the Plaintiff in the sum of $50 and costs.     In the circuit court on Friday, Judge Bratton rendered Judgment of $50 and costs in the case of Violet Eberly by her next friend, Theodore Eberly vs. the Toledo & Chicago Interurban Co. Violet a, a little daughter of Theodore Eberly was injured some time ago in the interurban by being struck by a car. It is understood the case has been settled out of court . Suit was brought for $500 damages
Order Book 43	March Term 1909, Page 198, 274, 282, May Term 1909 Page 324, Page 403, 475	Ewing, Frank S.	McClure Mining and Reduction? Co. et al	Other defendants Mary R. Burnham, Charles F. Burnham, H. A. Gingery, Of. Clark and Elmer E. Clark	Case 8506 Defendants appear for the Clarks and Gingery. Defendants submit to 23 interrogations from the Plaintiff Page 282 case continued. Page 324 Cross complaints filed. Page 403 Case continued. Page 475 Plaintiff asks for change of Venue to Noble Circuit Court.
Order Book 43	March Term 1909, Page 141, May Term 1909 Page 434	First National Bank of Iowa City, Iowa	Parker, Claude M.		Case 8447 Cause is dismissed by the Plaintiff.
Order Book 43	December Term 1908 Page 12,14	Frederick W. Sheppard Publishing Co.	John E. Baker Moss Co.		Account and Receiver Case 8444. Submitted to Court on application for a Receiver. Harry W. Brown appointed as Receiver. Page 14 The defendant asks the court to set aside , vacate the order and judgment of the court appointing a receiver. Motion is sustained and appointment of Harry W. Brown is set aside and he is discharge.
Order Book 43	March Term 1909, Page 144, 154, May Term 1909 Page 323, Page 395, 401	Gage, Edwin B.	Whirly, Edwin P.		Case 8482. Conversion of Property. Page 154 Case continued. Page 323 Case continues. Page 395 Goes to jury for trial. Page 401 Case continued.
Order Book 43	May Term 1909 Page 325	Galetin, Cyrus E.	Reyher, John V. et al		Case 8527
Order Book 43	March Term 1909, Page 194 May Term Page 325	Galetin, Cyrus E. et al	Cast, E. B.	Other Plaintiffs Richard N. Miller, Charles Treesh, George Engler, William Kide, Jacob Rink, Warren w. McClure, Livingston G. Coal, Samuel Price, George Fulkmon	Promissory Note Goes to court for trial. Plaintiffs to recover $40.45
Order Book 43	December Term 1908, Page 8	Garrett Banking Co.	John E. Baker Moss Co.	Other Defendants Chicago Horseman? Newspaper Co, Warren A. Austin, Clerk See Also Order Book 42 and newspaper clippings.	It was decided by the Court that the Plaintiff recover from the defendants $454 together with costs. The Chicago Horseman Newspaper Co to recover from John E. Baker Moss Co $61 with interest and costs from the sale of Real Estate over and above judgment interest and costs in the case of Aaron Baker Administrator vs. John E. Baker Moss Co.
Order Book 43	March Term 1909 Page 312, 313	Garrett Banking Co.	Kester, Alonzo A.		On note. Most of document destroyed by 1913 fire.
Order Book 43	March Term 1909, Page 131, 308, 309	Garrett Banking Co.	Rogers, Pauline et al	Other defendant: C. Rogers, (Charles T)	On Note. Copy of note for $50. Page 308 most of document destroyed by 1913 fire. Court finds for the plaintiff that defendants owes them $80.90
Order Book 43	May Term 1909 Page 365, 386, 387	Geddes, Henry E..	Gonser, Ashton W.		To settle partnership, foreclosure etc. Case 8533 Pages 386 and 387 mostly destroyed by 1913 fire.
Auburn Courier	August 16, 1909	George, Edward	Vandalia Railroad Co		The case entitled Edward George vs. the Vandalia Railroad Co has been appealed to the Indian Appellate court as the result of a motion filed by the Vandalia Company. The company will furnish an appeal bond of $1500 with the American Surety Company of New York, with thirty days.
Order Book 43	May Term 1909 Page 432, 533, 534	Ginder, Byron et al	Walker, Minnie B. et al	Other Plaintiff: Edith M. Ginder	Quiet title Case 8567. Notice of cause published in the Butler Record. Page 533 Defendant in default. Court trail finds that eh Plaintiffs are owners and they are entitled to have the description of the real estate described in the deed to Rosa, Chambers reformed In Recorder’s Office, Deed Book 78 Pages 554, 555 is recorded the Deed for cause 8567. Lot 38 in Danforth’s addition to the Town of Butler.
Order Book 43	March Term 1909, Page 219	Goodale, William	Carpenter, Charles J. et al	Other defendant The Ft. Wayne Water Power Co.	Injunction and Damaging. Plaintiff dismisses the case.
Order Book 43	May Term 1909 Page 465	Goodyear Tire & Rubber Co.	Willis, Marin B.		Account., Case is dismissed by Plaintiff.
Order Book 43	March Term 1909, Page 271, 272, 273	Greens, Julia A.	Wabash R. R. Co.	Other Defendant: Indiana Improvement Co.	Case 8392 Damages Pages 272, 273 Mostly destroyed by 1913 fire.
Order Book 43	March Term 1909, Page 139	Grogg, Isaac	Lower, Nettie	Other Defendants Oliver P. Grogg, James M. Fink	Petition to construe will. Case 8345. Plaintiff dismisses the case.
Order Book 43	March Term 1909, Page 134, 145	Hadsell. I. S.	Provines, Frank et al		Case 8489. On note. Case is settled and dismissed. Page 145 same as page 134.
Order Book 43	May Term 1909 Page 554	Hall, Frank A.	Heffner, Joseph F.		Case 8557. Foreclosure of Mortgage. Case is dismissed
Order Book 43	December Term 1908, Page 71	Hamilton, James M.	Hamilton, C. L		Contact. Case is dismissed by the Plaintiff.
Order Book 43	March Term 1909, Page 137	Hanson, Elena H.	Kibble, Harry F.		Account Case 8294. Court finds that defendant owes $261.37 to plaintiff. Auburn Courier March 8, 1909: Judgment for $330 for plaintiff and foreclosure.
Order Book 43	March Term 1909, Page 142	Harris, Lewis R.	Garrett Ariel? #1357 Fraternal Order Eagles.		Account Case 8448
Auburn Courier	September 20, 1909	Harpster, Clarence C.	Lake Shore & Michigan Southern Railroad Co.		Clarence C. Harpster, by his attorneys Mountz & Brinkerhoff, of Garrett has brought suit in the Circuit Court against the Lake Shore & Michigan Southern Railroad Co for damages in the sum of $10,000 for personal injuries sustained. The accident in which he as injured occurred on March 23, 1908, in Auburn. The plaintiff was a brakeman in the employ of the company at the time and was making a coupling of cars on a freight train. He was caught between two cards and inured permanently he says, about the head and other parts of the body.
Order Book 43	May Term 1909, Page 332	Hart, William	McCory, Drusilla		Mechanics Lien Case 8478.
Order Book 43	May Term 1909 Page 399	Hartzell, Lee J. Trustee	Shahun, Kaleb et al	Other defendant Sadie Shaun
Auburn Courier Order Book 43	April 5, 1909 March Term 1909, Page 185, 223, 224	Haverstock, S. G.	Smith, Charles. N. et al	Other Defendants James J. Smith, Jeremiah Smith, James West, Otis West, Mina West, Corrintha Childers, unknown heirs of Daniel Keefer, deceased, Susanna Beck, Ida Belle Beck, Joseph Werley Beck and unknown heirs of Eliza Jane Hammon.	Quiet title. Judgment for the Plaintiff. Most of document missing. Summons ordered for C. Childers? Pages 223, 224. good share of document destroyed by 1913 fire. "Since the commencement of this action the plaintiff Samuel G. Haverstock has sold and conveyed all his right title and interest in said R. E. to George King and it is ordered that said George King be and is hereby substituted as plaintiff in the place of Samuel G. Haverstock. Goes to court for trial. The mortgage executed on or about December 20, 1860 by Daniel Keefer and wife Catharine Keefer to Joseph Beck and recorded on February 4, 1861 in mortgage Record 3 page 368 is satisfied. In Recorder’s Office Deed Book 77 Pages 468, 469 there is a Copy of Decree on Case 8464 it is decreed that the Plaintiff Samuel G. Haverstock now George King is he owner on fee simple of the East ½ of the Southwest ¼ of Section 22 in Township 35 North of range 14 East.
Order Book 43	December Term 1908, Page 13, 143, 148, May Term Page 351, 401, 454, 455, 456	Herrick, Daniel	Beams, Jack M.		Case 8468 On Note. Summons ordered for defendant. Page 143. Case continued. Case 148 no details. Page 351 Case continued. Page 401 Promissory Note. Page 454 and 455 Goes to a jury for trial. Page 456 Verdict was for the Plaintiff for $85.
Order Book 43	March Term 1909, Page 124	Hook, Charles et al	Baughman, Isaiah	Other Plaintiff Louisa, Hook	Injunction Case 8244 case is dismissed by Plaintiff.
Order Book 43	May Term 1909 Page 501	Horton, Anna Blanche	Nelson, John et al		Quiet Title Case 8591 Non residence of all defendants.
Order Book 43	May Term 1909 Page 427	Hunt, Harry et al	Thumma, E. B. et al		Case 8434 Writ. Court trial. Plaintiff has not established evidence that the proposed audit of the books, papers and documents of the City of Garrett should take place in Garrett. At the clerk’s office. Court finds for the defendants.
Order Book 43	May Term 1909 Page 511	Jackson Lee & Co.	McInturf, Louis H.		Case 8593. Court finds for the Defendant.
Order Book 43                                                                                 Auburn Courier	December Term 1908, 70, 125, March Term 1909 Page 196, 207, 214, 215, 217, 232, 233-240, 276, May Term 1909 Page 525                                                             April 5, 1909	Jahanp Heating Co.   Some places the name is Jahant Heating Co.	Nusbaum, William	Other Defendant: Mary Nusbaum	Account and contract Case 8346 Defendants appear with Attorney Page 125 Defendant asks leave to file an amended answer. Page 196 Case continued. Page 207 defendant files for change of venue of judge. Page 214 Judge D.R. Best is appointed judge. Page 215 most of details destroyed by 1913 fire. Page 217 case continued. Pages 232, 233. Good part of the documents are destroyed by the 1913 fire. The jury verdict finds for the defendant. There follows interrogations and answers (again some are missing because of the 1913 fire) Page 276 Plaintiff files for a new trial. Court takes under advisement. Page 525 Cut finds for the Plaintiff on first paragraph in sum of $265 and costs and for the defendant on second paragraph.   In the case of the Jahanp Heating Company vs. Dr. W. H. Nusbaum and action brought to recover for the placing of a furnace in the post office building, owned by Dr. Nusbaum, which was on trial in the circuit court for two days, the Jury at 9:15 o’clock Wednesday night returned a verdict for the defendant. A long list of interrogations was submitted to the jury for answers. The plaintiff claims that these answers are favorable to himself and will ask the court for a judgment in his favor.
Auburn Courier	August 16, 1909	Jarrett, Frank	Zerkle, Uriah S.		Frank Jarrett vs. Uriah S. Zerkle is the title of a new case filed Tuesday. It is an effort to collect $125 on an alleged account said to e due Jarrett for board furnished Zerkle and work performed by the plaintiff.
Order Book 43	March Term 1909 Page 274	Kaufman Bros & Co.	Sommers, Thomas		Case 8519 Account Some of the document destroyed by the 1913 fire. Court decides that the Plaintiff is entitled to recover $75 and all costs.
Order Book 43	March Term 1909, Page 306	Keen, Wesley	Swinehart, Freeman		Good share of document destroyed by 1913 fire.
Order Book 43	December Term 1908, Page 86	Kees, Harry A.	Blair, Edwin D et al	Other Defendants Willis E. Blair, Oral Laird, Margaret C. Porter and Joseph Porter	Quiet Title. Most of document destroyed by 1913 fire. Notice published in Auburn Dispatch. Defendants are in default. Court finds that the Plaintiff is owner of West ½ of the Southeast 1/4 of section 15, Township 33 North of Range 14 East, except the part occupied by the Baltimore, Ohio and Chicago R. R. Co. In Recorder’s Office Deed Book 78 Page 495 there is a deed for this land to the Plaintiff.
Order Book 43	May Term 1909 Page 324	Kelley, Alfred	Pearl, James W.		Attachment.
Order Book 43	March Term 1909, Page 152, May Term 1909 Page 474, 475	Kennedy, John H.	Wantz, Sarah A.		Mechanics Lien Motion supported by an affidavit by attorney with a certificate of Physician. Page 474 case continued. Case 8375(this may be a wrong number looks like. Case 8353). Case taken under advisement. In Recorder’s Office Miscellaneous Book G the mechanics lien is recorded. It was on the West ½ of the Northwest ¼ of Section 16, Township 33 North, and Range 12 East a well as the dwelling house and improvements. It was for $863.70
Order Book 43	December Term 1908, Page 7	Kriebanus? Frederick	Bartewick, William et al	Other Defendants Kasper Hartung	On Note. Defendants are in default. Trial by jury waived and the Court finds that the plaintiff is entitled to recover $244.62 and all costs from the defendants. William Bartewick was the principal debtor and Kasper Hartung as endorser.
Order Book 43	June 14, 1909	Kromm, Curtis	Williams, Henry M.		A new case was filed in the DeKalb circuit court Friday morning, entitled Curtis Kromm vs. Henry M. Williams It is a suit on account venued from Allen County to DeKalb County. Emerick and Emerick are the attorneys for the plaintiff and S. M. Hench for the defendant.
Order Book 43	March Term 1909, Page 198	Kryler, ?	Groh, Lizzie		On Contract.
Auburn Courier	March 8, 1909	Kugler, August	Groh, Lizzie		To recover $57.50 on contract.
Auburn Courier                                                                         Order Book 43	April 15, 1909                                                                         May Term 1909 Page 406, 407, 408	Kunderd, Mary Jane et al	Jessup, Ebenezer et al	Other Plaintiffs: Maggie Weingart, Eliza E. Harman, Wayne Zonker, Edward Zonker, Emma Zonker, William Zonker, Frederick G. Fried, Maggie Swogger, Clara Hovarter, Mary E. Groh Other Defendants: Mrs. Ebenezer Jessup wife of defendant, President, directors and company of the Westchester County Bank of Peekskill, Westchester County, N. Y., Edward M. Morgan and wife, George Drowley and wife, Roderick Terry and wife, Lucius H. Terry and wife, Edward W. Terry and wife, Harrietta Terry and husband John, William B. Terry and wife, Charles T. Hillyer and wife Catharine, July Ann DeLong and husband John, William E. Brayton and wife, William H. Jones and wife, Job C. Smith and Wife, Samuel W. Sprott, Julia Ann and William Delong, Edmond Terry and wife, Frank Terry and wife, Richard Hines and wife. All descendants, heirs etc of the above, if deceased.	Quiet Title. And to release and discharge mortgage                                                                         Most of the pages are destroyed by 1913 fire.
Order Book 43	May Term 1909 Page 509	Lanman John	Marvin, Fanny Ann et al		Quiet Title.   In Recorder’s Office there is a Case in the October Term of the Circuit Court. It is recorded in Deed Book 78 Pages 218 and 219. The land is the West ½ of the West ½ of the Southeast ¼ of Section 35 Township 33 North Range 13 East. A number of defendants who were previous owners are mentioned in the deed.
Order Book 43	May Term 1909 Page 500	Landes, Justin O.	Bice, Arthur et al	Other Defendants Susie Bice, Real Estate and Improvement Co of Baltimore City, Maryland, Charles H. Bloom	To enforce Lien. Case 8581
Order Book 43	March Term 1909 Page 284, May Term 1909 Page 320, 446	Leeson, James	Imler, Hattie et al	Other defendants: Thomas Edward Leeson, Eva Leeson and John Leeson Irvin Imler	Case 8530 For Partition of Real Estate. Non-residency of Evan and John Leeson. Page 320 Attorney appears for defendants. Page 446 case continued.
Order Book 43	May Term 1909 Page 500	Livergood, Alvin A.	DeWitt, Thomas H. et al	Andrews J. Countryman	On Note Case 8582. Case is dismissed without prejudice.
Waterloo Press	February 11, 1909	Long, Anna T	Bowersox, Judge		In the suit of Mrs. Anna T. Long against Judge Bowersox for alleged damages in the sum of $7,063.30 heard in common pleas court, Saturday, Judge Killite found in favor of Bowersox and sustained his general demurrer to the petition of Mrs. Long The court declared that Anna Long had no reason to complain that her former attorney, Judge Bowersox, had not given her information, which he acquired because of his professional connection with the will of Parker Long. In his decision the court said" "His duty to keep these facts to himself and in refrain from using them in any way adverse to the fruition of Parker’s testamentary desires was superior to any duty he owed his later client, the plaintiff." The court also held that each of the three cases for action set up in the plaintiff’s petition were subject to a general demurrer and that each cause, also, should have been more definitely stated. Plaintiff was given permission to file an amended petition within 30 days. Three other demurrers against Mrs. Long were also sustained. From the Edgerton Earth.
Order Book 43	March Term 1909, Page 149	Long, J. Perry	Methodist Protestant Church of Altoona, DeKalb Co.	Other defendants. Geo. A. Adams, James Veazey, John Mattert, Cliff Walter, Louis Beurt? The above were the Board of Trustees of the Methodist Protestant Church of Altoona, DeKalb County	Foreclosure of Mechanics Lien.
Order Book 43	May Term 1909 Page 457	Loud, A. Nelson, et al	Goodwin, Samuel L. et al	Other Plaintiffs George A. Loud, Edward F. Oud, Other defendants Joseph A. Miller and Alvin A. Goodwin	Case 8415 Replevin. Plaintiffs dismiss the case and the Plaintiff is ordered to return property described in complaint to defendants.
Order Book 43	May Term 1909 Page 457	Madden, Alpheus W. et al	Guilford, Maria L.	Other Plaintiff Roxy A. Smith	Case 8562. Attorneys appear for the defendant.
Order Book 43	May Term 1909 Page 455,	Madden, Alpheus W.	Hosler, Lydia M.	Other Plaintiff Roxy A. Smith, Other Defendant Irvin W. Hosler	Case 8561 Foreclosure of Mortgage. Defendant in default. Goes to Court for trial. Plaintiff to recover $245 from defendants and mortgage to be foreclosed.
Order Book 43	March Term 1909 Page 272	Mary Blanc & Co.	Sommers, Thomas		Account $28.50 Court decrees that Plaintiff is due the amount stated.
Order Book 43	December Term 1908 Page 85, March Term 1909 Page 127, 190, 191	Mason, Thomas	Luttman, Eli H.	Other Defendants: Perry A .Foote? Francis M. Wiltrout, Effie Geisinger, Milo J. Thomas and Libbie Luttman. Mary A. Deeters	Foreclosure of Mortgage Case 8445 Page 127 Case continued. Page 190, 191. Good share of pages destroyed by the 1913 fire. Mary A. Deeters has a line on the real estate for $263.15. The Plaintiff is entitled to $372. from Eli H. Luttman. Court appoints Milo J. Thomas authorizing hi to take charge of the property commencing at the Southwest corner of lot 3 in McMillan’s first addition to the town of Corunna.
Order Book 143	December Term 1908, Page 143	McClellan James Y. W.	Townley, Egbert .		Promissory Note. Defendant in default. Court finds for the Plaintiff and is to recover $154.66 from the defendant.
Order Book 43	March Term 1909, Page 151, 188	McNabb, William C.	Dilgard, James, E. et al	Other defendant: Carl C. Dilgard	Account Page 188 Court finds for the defendant James (Jonas?) Dilgard. Court finds for the Plaintiff that Carl W. Dilgard owes him $68.60.
Auburn Courier	August 16, 1909	Meek, Charles