State

vs

 Charles  Harbison
~ ~ ~ ~ ~


Mr. Gordon Thurston,
Clerk of Shelby Circuit Court,
Shelbyville, Indiana

Dear Sir:

          In re: Bond deposited by  Chas. Harbison  (amount $500 and attached coupons) Case #3929 Criminal Docket which was dismissed last May.

          The owner of the bond,  Mrs.  Mary  Hanlon,  mother  of  Chas. Harbison  is extremely anxious that the Court hold same bond until the proper procedure is established whereby it is returned to her, and not to the attorney in the case, one Chas. Kelso of New Albany, Indiana.

          Kindly hold the bond in custody of the Court until said owner secures from her son, in whose behalf it was put up, power of attorney enabling her to receive her property.

          You will hear further from me concerning its disposition within the near future.

Respectfully,     

Mary A. Hanlon

911 E. Market St.
New Albany, Indiana

-----------------------------------

Home Phone 629
Bell Phone 16

Charles D. Kelso   
Attorney at Law    
409-13 The Elsby 
   New Albany, Indiana

October 15, 1923

Mr. Gordon Thurston,
Clerk of the Shelby Circuit Court,
Shelbyville, Indiana.

Dear Sir:

          I have yours of October 8th, and I don’t understand why I should be put to the expense of making a trip to Shelbyville for the purpose of procuring the government bond deposited by me with you as security for the appearance of  Charlie  Harbison. The case has been dismissed. The dismissal released the bond. You personally know that I put up the bond
and took your receipt for it, that Harbison did not own the bond and does not own the bond, and has no interest or title to the bond.  So far as the record shows, and so far as your receipt is concerned, I am the owner of the bond and when you turn it over to me your liability is discharged.

          The fact that you have a new Judge on the bench ought not to make any difference, because the fact that he is a new Judge does not change the facts in regard to the depositing of the bond as security.

          The fact of the matter is that the bond was placed in my hands by  Mrs. Hanlon,  the mother of Charlie Harbison, and the bond is hers, and I want to get it so I can turn it over to her.

          I hope you see your way clear to send me the bond without forcing us to go to an expense of anywhere from fifteen to twenty-five dollars, to get it.

Yours very truly,
Chas. D. Kelso

-------------------------------

New Albany, Indiana Nov. 21-23



Mr. Gordon Thurston
Clerk of Court
Shelbyville, Indiana

Dear Sir:

          I have your letter of November 16th.

          Your decision that I come to Shelbyville in order to give you a permanent receipt for bond under discussion is causing me much worry and inconvenience.  I do not wish to do as you suggest, nor do I feel inclined to incur the additional expense of appointing a power of attorney to do so. Mr. Kelso was my attorney in the case - was paid for his services in advance, and did not even know that the case was dismissed. My daughter called on the Shelby County Prosecutor personally before I could even get my information concerning what was being done.  At my request that he secure the bond he at first asked that I pay him twenty-five dollars as expense money to come get it.  I told him I would not. Diplomatic relations are extremely strained between Mr. Kelso and myself.  I asked you to hold the bond and that I would furnish any evidence necessary to satisfy the court of my ownership and anything it deemed necessary to enable it to surrender it to me.
          A trip to Shelbyville by me now is impossible. Extra expense is a thing I desire to avoid.  This trouble now has caused me not only great grief and worry, but much money.
          I wish you would talk the matter over with Judge Morrison and I feel sure he will see his way clear to accept such written evidence of ownership as I can furnish and save me more expense.  If he will state just what he desires in a written way, I will produce it.  I can send for your files, an affidavit from two men who accompanied Mr. Kelso in filing the bond, one an attorney and the other, a businessman. They helped in the case & know all the facts.
          Kindly let me hear from you.

Very respectfully,
Mary Harbison Hanlon
911 E. Market
Transcribed by Melinda Moore Weaver.

Civil Cases Index       Main Page