Bazil Tracy - Case - 1893
Basil Tracy – fight between heirs (maybe with his obit since it’s relating to his death
Source: Waynetown Hornet, 11 Feb 1893 p 1
Tuesday of this week was begun at Frankfort on a change of venue the Bazil Tracy case in which brothers were arrayed against brothers and sisters against sisters in an endeavor to sustain or tear down certain conveyances made by that grand old pioneer who carved out a fortune with a plow and axe although he could not read nor write and it has been said of him that he could not drive a nail yet there are many witnesses living who can testify that Uncle Baz could drive a bargain with the best of them when it came to a land or horse swap. Uncle Baz had been in poor health several years before his demise and it is upon ground of his feebleness that the heirs claimed he was not competent to transact business, hence this suit at law to undo what he had done recently. Tuesday after a hard struggle between the legal lights as to which was the more valient warrier [valiant warrior], the case was finally opened before judge Doyal and the following witnesses introduced who testified as directed by the opposing attorneys who were striving hard to earn a portion of their fees. ISAAC DAVIS.
Q. Do you know anything of the value of the 95 acres? (this 95
acres lies immediately west of the 570,) A. I should judge the 95 acres to be worth $60 per acre.
Q. What was the 95 acres worth in 1889 or '90 -- say two or three years ago? A. Well the 95 acres was worth $60 an acre and the other 35 will make it $40 an acre for the whole track.
JOHN W. UTTERBACK. Q, What in your opinion is this 570 acres of land worth per acre say in March 1894?
A. I would think it would be worth $33 or $40 per acre. Q. How far away is W. W. Tiffany's land from that? A. About a mile and a half.
Q. What is that land worth? A. $45 per acre. Q. How many acres was there of it?
A. I think 115 acres maybe. Q. What was the character of the improvements on Wal Tiffany's place?
A. Good Q. How much waste land was on the 115 acre?
A. I suppose there was 8 or 10 acres. Q. Do you think it was worth $45 an acre?
A. Yes sir. This witness was asked many questions relative to the value of surrounding lands and being asked how much]waste land there would be on the 600 acres of school lands north of the Tracy land said he supposed a hundred acres—finally stating that surrounding lands were]worth $35 per acre.
ALLEN J, MOORE. Q. State whether or not you have been over the 570 acres.
A. Well I have been over it some. Q Mr. Moore from your acquaintance with the value of farming lands in that neighborhood and the character of the 570 acres of land it is you may state to the court what was its fair cash value per acre in March 1891?
A. Well, in my judgement at that time it would be worth $35 per acre.
Q. When did you last see Mr. Tracy in Waynetown? A. Soon after his wife died; I do not know just how soon.
Q. You say his physical condition--
A. He was very frail. Q. What did you observe if anything, Mr. Moore, as to his changing in his appearance; his actions after his wifes' death?
A. Well, I can't say anything— he just went down and was very frail is all that I could say,
Q. What if anything did you notice of his decline after his wife's death. A. I think he declined very fast
after the old lady died. Q. Did you know her? A. I knew her I never had no great acquaintance with her. Q. Did you know anything about their life what sort of a woman she was? A. Well she was a very stout, robust woman,—of course she was very frail when she died.
Q. You stated that after his wife's death Mr. Tracy declined fast.
A. It seemed so, yes sir. Q. You may state whether or not he seemed to decline mentally as well as physically.
A. Well my judgment would be that he did. Thus closed the first day's struggle. Wednesday morning witnesses came in from all directions, but the attorneys upon either side were absent, but it was noised about that a compromise would be affected and as the hour of high noon was sounded from the magnificent bell on the Frankfort court house, all witnesses in the case were discharged and the announcement made that the battle over Bazel Tracy's thousands was at an end and that the terms of compromise were effectually the same as the old pioneer had laid out for his descendants long before his demise. The decree of the court forever sets at rest all doubt of the soundness of Bazil Tracy's mind and quiets the title to all the land held by Thomas J. Mills and making all transactions of the deceased during his life valid. Jerry West was made trustee and will deliver all papers to Lyda Pierce and Tom Tracy on payment of $7,600Hy the remaining $7,000 between the four heirs—Biddle, Grenard, Pierce and Hauk heirs, each side paying costs made by them. The further conditions are that Mills and wife withdraw their liole suit against T. H. B. McCain et al, and that they pay all costs in said suit to date. The attorneys have 60 days in which to announce the pro rata of each heir as has also the defendants to raise the $7,600; then will have closed the last act in a drama that arrayed brothers against sisters, and neighbor against neighbor. There can be no retreat from the decree of court as all parties were privy to the agreement which was to forever settle the estate. Jeff Mills now has a title to 635 acres of land that can not be disputed before any tribunal and when once paid for he can live at his ease. Judge Doyal, in telling the HORNET representative of the case said that the Crawfordsville attorneys acquitted themselves with credit in the presentation of the case on either side and paid a special tribute to the masterly effort of Jerry West, whom he affirmed had made the most clear and lucid statement of facts that was ever his fortune to hear. Of Anderson he had a good word to say, although his manner of presentation was more inflamatory [inflammatory] and at times deviated to personalities. H. M. Billings lays all blame on J. S. Zack and claims that just because he went by way of Hoopeston Ill., from Crawfordsville to Frankfort is no reason why he should be called a tramp and forced to pay for his meals and lodging in advance.
Hon Dan Simms, attorney at law of Covington, had a night mare and was otherwise disturbed from his rest on account of Frankfort natural gas. Having never seen it burn (having to be lighted to bed in Covington by the old tallow candle used a hundred years ago) the horrible tales told by Jerry West and J. J. Mills serving as a tonic to his nerves. J. J. Mills is swearing vengeance on A. B. Anderson and denies the charge that he is known as Black Jeff, the log hauler, from Hartford City.
Bill Biddle can tell more hair splitting stories of how many narrow escapes he had on his way to attend the Tracy trial and of how he flew from Wesley to Waynetown and from there to Frankfort just ask Bill about his trip, but Ben Gray can tell why it was Bill had to be taken to his room at a late hour. Bill denies being lost but Ben has numerous witnesses. There are two things about which Jeff Mills would rather not hear, and that is how he lost a fine pair of skin tight kid gloves and the fee he paid Elias Miller. Elias considers it a great joke and does not deny that he worked Mills -- not caring a penny for the trial, but it was a good excuse to visit the widow Quick. Elias is still in the Frankfort woods but strenuously denies all knowledge of Jeff's gloves.
Jake Powell says there are places on this land where a sapsucker would starve to death.
Dave Clements reports finding a rich vein of Bog ore while ditching recently.
The soda springs of which there was considerable said in these columns are situated on the Tracy farm and now that litigations are closed the proprietor will be pleased to show any one the springs who may desire to test the efficacy of their waters. One witness swore that the population of Waynetown was 800, but there were many others that disputed it on the ground that since the trial begun nearly the whole town had emigrated to Frankfort.