The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1875-03-20
The End Oh II.

We take the following from the To
peka Commonwealth of March 18th:
The celebrated case of the State vs.
S. g. Pomeroy would have been calle,
on the 9th day Of April, 1875, in tn,
honorable district court in and for thu
county of Usage, had it not been for til,
series Of events to which we are about t
relate.
Everybody nearly or remotely con
nected with this case has been for Ions
time nearly as badly bored as the illus
trious defendant himself. Ex-Lieut
Gov. Slower has been all along placed
in an especially trying position. Com
ing into possession Of the famous 81, O0C
through no will of his own, he has felt
himself obliged to control it until the
criminal case was disposed Of During
the two years he has held himself SO re.
sponsible, he has been made defendant
in four civil suits, the plaintiffs being
respectively J. Q. Page, Z. A. Smith &
Co., Edwards, Mathews & Co., and last.
ly Mr.. s. c. Pomeroy himself. Very
naturally this sort Of thing became mo.
notonous, and, in grassliopper times,
expensive.
Nobody seemed disposed to relieve
Gov. Slower of the responsibility, the
legislature VIGOROUSLY evading the ex-
preston of any decided opinion on the
question. On the 9th instant ATTORNEY
General Randolph rendered an opinion,
which was published in the Common
,ceaith, to the effect that the State had no
right, title or interest in the $1,000.
and Slower was certain he had none
This narrowed the question considerably
and it was while the case stood thus that
Gov. Slower heard that County Attorney
Vance had come 10 determination To
enter nolie in tie criminal suit, thus
in effect settling it.
To make assurance doubly sure"
Gov. Slower addressed a note to Mr..
Vance asking him if the Information
aforementioned was correct, and rccv:yel
in reply the f,!ioyi!--..:
TOPEKA, X ,s. March 10. 1875
Hoi. E. S. Siooc':-0EAH ssia: After fuily i'll
ves:iyitinc the III utter AMI believing i. u b. fyr
the public interest. well 10. the be>t iaer-
est Of the County of Sliwise. have c,nc,u lei
to dismiss the case %: the Stie of Kansas =. T..
POmeroy, now pending in the district c2ur: for
'
first day of next term of sii,l COLT. Under thee
circum stances, and In order to avoid further
costs or expense in the matter, hereby notify
you that you and all others, whine ,sc5 in the clse
are hereby finally discharged from al. flrtncr at
tention or liability OF any kind respecting the
above namei case Very respectfully,
County Attorney Shawnee Co, Kansas.
The courts having, in Gov. Stover's
opinion, decided that no process of law
could take the money from him, he de-
termined to dispose Of il in accordance
with what seemed at least poe,ic justice.
Col. York, having in the joint conven.
ton turned over the money with a re-
quest that it be used in the prosecution
Of S. g. Pomeroy, Gov. Slower determ-
ined that the costs Of the prosecution 50
far should BE- betrayed from the famous
package, and that the balance should be
handed over to Col. York, from whom
ne, Gov. Slower, had received it. So
much for Gov. Stover's motives.
In the meantime, As the time to make
preparations for trial approached, Mr..
Vance, who was to appear for the State,
took counsel Of Mr.. Thomas Ryan and
A. L. Williams, who had been connect
ed with the prosecution, as to the condi-
ton of affairs, and it was their opinion
that the prosecution would fail 10 con-
vict for want of material evidence, which
was not now accessible. He learned in
a conversation with Mr.. John Martin, of
counsel for Mr.. POmeroy, some weeks
since that the defense were willing to
to pay the costs provided a nolie was
entered. On Monday, the 9th inst,
Mr.. Vance had ar interview with Mr..
Martin, upon which this arrangement
was substantially agreed upon, and sub
Mr.. Arthur McCabe, the clerk
of the Shawnee district court, was d.
rected 70 ascertain the costs in Shawnee
county. He found the little bill was
81, 2Sl.36. On Thursday evening the
llth inst, Mr.. Vance had another inter.
view with Mr.. Martin and Judge A. H.
Horton, in regard to the costs in Usage
was sent to Burlingame in regard TO the
amount, but q reply not being received
in time, the costs were Appropriated. in
the final settlement at $500. This
brings the case up to the "close of bust
ness" on March II.
On the morning Of Friday, March II,
quite little company dropped into the
Office of Martin & Case. There was Mr..
Martin and Judge Horton representing
Mr.. Pomeroy. and Mr.. Vance represent
ing the State; there was ex-State Treas
urer John Francis, who, during his term
of Office had been the keeper of the
famous package. and had been sued in
there was Archie Will
liams, one of the original counsel for the
prosecution when that old suit was new;
there was ex-Lieut. Gov. Slower, who
had suffered from having, not greatness,
but 81 900, thrust upon him; and there
was Mr.. James F, Legate, who is gener-
ally around when there is anything GO
ing on. Subsequently Mr.. Arthur Nc
Cabe. the district clerk. was brought in
by Mr.. Vance. The $1,000 package was
brought in, looking very natural, and
was opened and counted BY Mr.. Francis.
Gov. Slower then counted out $l,735
and banded it to Mr.. McCabe. He then
took Mr.. McCabe's receipt as follows:
STATE or KANSAS,
Shawnee County.
In the District Court Of Shawnee county. Kansas:
,eived, Topeka, Kansas, March H. 1875, Of Hon.
2. 8. Stoyer, seventeen hnAlnad and thirty Ave
iollars Ui79' oc) in full payment s,poans sstis-