In March of 1889 Frank Cross, my notorious cousin of past posts, found himself in trouble. Surprise! Not.
In this case we find him in the newspaper under court goings on. Whatever could he have done now?:
Circuit Court — Justice French’s Court.
People vs. Frank Cross, larceny of an axe on complaint of Elihu B. Averill, pleaded guilty on the 11th and sentenced to pay a fine of $5.00 and in default of payment to ten days in jail. The fine was not paid and commitment was issued today.1
So Frank, being short of blunt, or just cheap, thought that he would pass on paying his fine. The court had no problem having him picked up and sent to the hoosegow in lieu of payment. A day or two later this notice appeared in the newspaper:
Frank Cross tired of prison life and went before Justice French and paid up his fine after a few hours in the jail.2
Now that’s a knee slapper! Maybe he didn’t realize how hard it would be to get a drink in jail.
The Kalamazoo Daily Telegraph, Thu Feb 28, 1889, page 7, col 3
The Kalamazoo Daily Telegraph, Fri Mar 1, 1889, page 7, col 1
Things have slowed down enough for me to write a letter now. I have been managing to write Lois, and that is about all.
I had a good trip over, leaving 17 March and arriving on the 20th. I rode in a Lockheed Constellation, which is one of the more luxurious planes. We stopped 6 hours in Honolulu and one hour on Wake Island. I spent three days in Japan and arrived in Rosia[?] on 24 March.
Was assigned to the 18th Fighter Bomber Wing at Osass Kova[?]. They call this base K-55. I am communications — Electronics Staff Office for the wing. They have F-86s, however, I am flying C-47s and letting the young fellows have the jets.
I am just settled down now and ready to put in my time and today is Sunday, so Ill close to go to church.
On October 30, 1931 Clarence John was driving home from a long day at work at his bowling alley in Oconto. It was 11:30ish at night and pouring rain.
The driver of the motorcycle was Harvey, a 20-year-old, who was accompanied by a friend. Harvey lost a leg due to the severity of his injury. His father, acting as his guardian, sued Clarence for damages and the case was brought to Brown County Court in March of 1932, however there was a request to change the venue to Oconto County, which was consented to.
There were no witnesses to the accident other than the three people involved. The only testimony in the case is from Clarence. Below is a scan of the first page from the testimony.
According to his testimony, he had half interest in a bowling alley in Oconto, at the armory, which he ran all by himself. He was living in Gillett with his wife, Myrtle, and his parents. They had no children at that time.
Clarence answered the suit against him with a definite ‘not my fault’, stating that the driver of the motorcycle was driving too fast for the conditions and lost control. Harvey’s lawyers and guardian denied the fault was his.
The damage that is visible on Clarence’s car does look like the other driver hit him, not the other way around. But in the end, we only have Clarence’s testimony, none from Harvey.
And, of course, no matter what we conclude seeing the evidence and reading the testimony, the jury’s opinion is the only one that matters. They found Clarence at fault, and ruled in favor of him paying damages of around $5100 for personal injuries sustained by the plaintiff. (If payment was for reparation for the loss of Harvey’s leg, it seems a bit cheap to me.)
In 1948, 15 years later, we find the case continued, because Clarence had yet to pay the $5100 he owed to the plaintiff.
The record, which consists of sworn affidavits of attorneys and the defendant, and the statements of counsel made in the record on this application, raises a serious question as to the truth of the allegations of the defendant in his affidavit. The plaintiff’s attorney at the time of the trial…swears that after the rendition of the judgment and for about nine years thereafter he industriously attempted to ascertain the financial condition of the defendant in Oconto and Forest Counties and that his investigation disclosed to his satisfaction that the defendant during that period was judgment-proof.*
From 1942-1948 no action or activity appeared to be going on regarding the collection of the debt. Until Harvey got impatient, and in 1948 started pushing for his money. Here is an excerpt from a letter from one lawyer to another regarding the matter, dated October 21, 1948:
I have checked with Findorff and they tell me that John terminated his employment with them sometime during the spring of this year. However, the motor vehicle dept. informs me that he has an automobile registered in his name – – -1936 Plymouth coach…residence being Crandon, Wisconsin.
Under the circumstances , there is no point in my filing the certified copy of the judgment, inasmuch as there is absolutely no chance of my garnisheeing his salary or having execution issued. In the event he is traced to Madison again, I will be happy to grab him by his pants. There may be a chance for you to have his car picked up if he has returned to Crandon.
This process continued until July of 1953. At this time Clarence was finally found in Wausau, and served, Harvey had made action to start the process of suing him, he was worried because the judgment would lapse in August of that year.
Clarence refused to show up in court, instead sending his attorney to file one paper which stated that since the judgment, he and his family had resided in Wisconsin all that time. They never received papers regarding the execution of the judgment, or even an attempt at communication, and that such in-action in all this time negates the ‘good cause’ requirements of the judgment. Basically, making it null and void.
But the lawyers for the plaintiff had this to say:
It looks like Clarence really didn’t want to pay this debt. But he never asked for an appeal to the judgment, which kind of makes his excuse a bit thin.
In the end all this work that Harvey put into getting his money came to nothing. My grandfather, Clarence, died in February of the next year, (1954). On his father’s birthday.
*Wikipedia definition of judgment-proof: In the context of debt collection and civil litigation, the term judgment proof is commonly used to refer to defendants who are financially insolvent, or whose income and assets cannot be obtained in satisfaction of a judgment. Being “judgment proof” is not a defense to a lawsuit. If sued, the defendant cannot claim being “judgment proof” as an affirmative defense. The term “judgment proof” instead refers to the inability of the judgment holder to obtain satisfaction of the judgment. If a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant’s lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure.
Auto-Motorcycle Collide Friday Eve. on H’y 22, The Gillett Times, Gillet, Wisconsin, Thursday, November 5, 1931; No. 11, page 1, column 2.
Harvey Andrianssen vs. Clarence John, Circuit Court case #12741, Oconto Series 36, Green Bay ARC, UW Green Bay, Green Bay, WI. (Photographs from the accident taken from case file.) If interested in case just ask me for a copy.
How are you folks getting along? the weather here has been mostly hot and stuffy. According to the Omar Weather man on T.V. you have been having much cooler weather than here. We were glad to hear that you found everything O.K. How is the motor running? I kinda wondered about it as I didn’t get to try it out before you left. Ralph & Johnie [his brothers-in-law] Kring were to Harbor View with us over the 4th and he brought the Old Sea King along but it still wasn’t any better. Ralph is going to work on it some more, maybe he’ll run across the right solution some day. I’ve given it up for lost. Our boat broke loose in a storm last week, but didn’t do any damage to the boat, but did tear several places in the cover. Mr. Daymon saved the day by going out and retrieving the boat for me. Simon & Hazel are not coming over for their vacation, we received a letter from them yesterday and they gave 18 dozen different reasons why they couldn’t make it now. I was in hopes they could come over for a while.
Dosh & Burch [Aunt and Uncle on his Mother’s side] were over to Parkersburg over the 4th and I guess every body is OK as of now. Hod & Edna [Aunt and Uncle on his Mother’s side] went down south for their vacation so guess they weren’t so interested in going to Canada after all.
Max Hinkle and family were camping up at the State Park at East Harbor over the 4th so he took his boat and I took mine along with Johnie & Ralph and we went out to Middle Bass. We found Bess’s place and talked to her for a while. I enjoyed the trip a lot and hope to go again soon maybe we can do some fishing over around the islands. Ruth caught a 2 1/2 lb. cat fish week before last which is some what of a record us as far as Lake Erie fishing is concerned. That about all the news I can think of now so will turn it over to Ruth for a few lines, hope you are not catching all the fish leave a few for starter etc.
The Crandon newspapers have been providing me with much amusement lately. Here is an article that includes my grandfather and his Uncle Harry:
The masquerade given here last Friday night by the Woodman Lodge drew over fifty couples, including many maskers. Prizes were won by…Harry Cain, dressed as Charlie Chaplin, and most comic gentleman…Clarence John in an Odd Fellow’s suit was best dressed gentleman. The Royal Neighbors served supper on the stage.1
I think all that fame went to gramp’s head, and he felt the need to celebrate:
Clarence John has suddenly taken a musical turn of mind and has whittled a ukalale out of a cigar box and slab and with the aid of a little hay wire is now putting in his spare time playing those popular Keith & Hiles lumberyard strains, “The Curse Of An Aching Back”, and “Working For Whisnant At Two Bones A Day.”2
Sources: 1. Friday, Mar 1 1918, p8c3, No. 26 32nd year; Forest Republican, Crandon, WI —Crandon Public library digital images.
2. Friday, Mar 22, 1918, p1c2, No. 29 32nd year; Forest Republican, Crandon, WI —Crandon Public library digital images.
Ukulele plans found online: https://stansplans.com/ukulele_prplans.html. Get krackin’!
Just a line to let you know we arrived home okay we had dinner in St. Ignace and got across the straight about 2 P.M. We took Route 23 down to Standish where we stopped to ice the fish which lasted until we got home today. We ate supper in Vasser and got to Harbor View at 12:30 A.M. Every thing at Harbor View was O.K. we left there at 11:45 AM 11:45 A.M. today and arrived home about 3 P.M. found everything here OK. the fish were still frozen solid when we got here.
Charlie & Julie surly had a wonderful time and want to thank you for everything. Charlie said he forgot to thank you for the bread you sent home with us.
I surly hate to go back to work in the morning but at least I have some swell memories to take along with me. Ruth & I really enjoyed ourselves and want to thank you for the swell time. We all talked about different little incidents happened while we were there. Every time we eat one of those fish we will be catching it all over again.
We are going to take Ruths mom and dad out a couple of the Pike tonight and get all the latest news from Gahana. Also we are going to take Ralph a loaf of bread. Ruth is now getting supper and we are having bread and tea.
So will write you later when I get all the news Ruth & Herm (over)
We will call Edw to nite if we can get him that is find him home.
I just called aunt Dosh and she and Burch are okay. She mailed your check. Pauline & Lloyd & Jamie were over for Labor Day weekend. Jenny started to school this week. Brooks & Zara & the kids were up Sunday evening. Tommy just got over a bad case of poison ivy. The baby is getting real cute.
Ada wrote that Aunt Lib isn’t a bit good. Her heart doesn’t pump enough blood and she blacks out.
Well I guess this is about all the news. So will close. Ruth.
The fish kept swell. The frozen ones were stiff and the iced ones were so cold I could hardly handle them when I put them in freezer.
We had chilly weather all the way down. The rain was behind us most all the way. Only got in one little sprinkle.
Shirley says it’s been cool here in the last four days, but it sure was hot last week.
Margie was down home last weekend. She said Opel almost died from a miscarriage. She had twins at five months. They couldn’t tell for a while if she was dead or alive, but she pulled through. She must’ve been at the hospital because Margie said she was at home now and doing alright. The doctor said she must have an operation as soon as she can stand it. I hope she does before it is too late.
Everyone else in W Va was okay I will call Margie tomorrow, as I won’t have a chance to-nite. I want to go out home write. The bread is not spoiled Ha! Ha !Love Ruth.