The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-10-29
eoNGERNINe THE BoND SUIT.
Mr C. Sterry's Statement Regarding
the Status OF that Case.


Mr. C. sterry's statement Regarding
the Status OF that Case.
EDfTons News: Upon my return TO
this city last evening after a few days
absence, was greatly surprised to read
in THE NEWS of the 21st inst, your ar
tiele entitled Facts or Fiction" And
in response To the general invitation
therein extended to all persons having
knowledge of the truth or faisity of the
rumors therein stated, to come forward
and give the public the benefit of their
knowledge, l desire to state both to
you and your readers that that portion
of the rumors published in this article
which in any way, directly or indirectly
asserts that the suit now pending in our
district court, and known as the bond
suit, has either been settled or with
drawn or in any way compromised IS
utterly false and without the slightest
foundation of fact to rest upon. 1t viii of
course be readily admitted by all, that I
as the sole attorney for the defendants in
that case ought, at least TO know where
of speak, but that the assertion, which
/ here make, may not have 20 rest upon
my word alone, desire to state such
evidence of the truth Of my statement as
ought, in my Judgment, 10 forever set
at rest this rumor. This rumOr has its
foundation entirely upon an alleged let
ter or dispatch from Mr.. Snoddy to
Messrs Scott Sc Lynn, sent prior TO the
commencement of our September term
of court
Whether such letter or dispatch was
ever sent | neither know or care, but
if it was. it only confirms my previous
impression of Mr.. Snoddy, that he
never by any possibility tells the truth
when he can avoid it. Messrs. Scott &
Lynn and Mr.. Snoddy were each, and
all employed by the same parties. to
prosecute this suit, tO-wit: by Messrs
McCandliss and Hewitt as n committee
appointed tor that purpose by what was
called citizens meeting, and this being
the case, ~ il not very singular that, if
these parties had in any way settled this
suit, that they did not inform Messrs.
Scott " Lynn of that fact as we'll as Mr.
Snoddy? Again, this suit is now being
prosecuted under an order made by the
board of county commissioners, and
neither the county attorney or any other
person would have the power to settle
this case in any way or manner except
upon the authorization of the board it.
self. Again, the fact that is absolutely
conclusive upon this whole question, in
my judgment, is that it Was inthe power
of the defendants, at our term of court
held last month, to have had this case
dismissed under such admitted circum
stances as would not only have left them
free from blame, but would also have
shown the utter falsity of the assertions
now being made against these men upon
the stump.
The facts about this matter are these
In the summer took one branch of this
suit to the supreme court for the purpose
of having that court correct what claim
TO have been an error committed by our
court in settling the pleaGings in the
case (and l may here remark that the
decision of the supreme court, be 1t for
me or against me, VIII in no wise effect
the merits of the case). About week
or ten days before our court commenced
its term last month, MIR. Lynn asked mt
to consent to continuance of the cast
in our court until the supreme court
settled the point in that branch o.
the case which was before it; {
very reasonable request, and ONT
which in nine cases out of ten woulC
have been granted, but as 1 realized tina
this case ought to be, if it possibly cOulC
be, tried out and disposed of before oul
coming election IN order that the people
might, in the only legitimate way Their
was, ascertain the truth of this whole
matter. refused to consent to contin
uance. A short time after this Mr.. Scot
came TO me and stated, in substance, tina
| the collecting of evidence in this sui
had been left wholly with Mr.. Snoddy
and that he had failed, so far, in thei
| judgment, to obtain any evidence 1pol
which the prosecution could go trial
and that if the defendants insisted OIL
trying the case at the coming term of tn
court that the prosecution would have 4
dismiss il for want of evidence to go {
trial on, or get MIR. Sncddy TO make al
affidavit for continuance if he could, bu
that he hoped We would consent to icon
tinuance of the case over the term il
order that they might investigate tn,
case, and obtain such further evidence a
there might be In the case, if there wa
any; that he and Mr.. Lynn had acted il
the best of faith in the matter, but had II
lied upon Mr.. Snoddy entirely in tn
matter matter of getting up the ev
dence.
Upon this statement l called my cl
ents (the defendants) together and lai
the whole matter before them, advisin
them TO end the matter right there b
having the case pushed, and forcing th
? prosecution to dismiss; but they, the d
PENDANTS, took different view of the ma
ter. They said that there was but on
/ way out of the matter, so far as they WEI
concerned, and that was to have the Gas
fully and fairly tried upon its merits, an
= knowing that the result OF full and fai
t trial of the matter would give {
, them complete yindication, the
instructed me TO say to Messr
Scott & Lynn, that while they were q
ceedingly anxious to have the case trie
at the earliest possible date, yet they
, Scott 81 Lynn-on the prosecute
might have further time to collect an
: possible evidence there might be whic
' would bear ON the case, and that til
, case might be continued for Thar purpo
| until the next term Of our court und
the above instructions from my ellen
! this case was continued until the Marc
2 1881 term of our court to enable Il
q | prosecution 10 Collect any eVlQenC
which there might be in the case ar
which had not been gathered. You wi
therefore see from the above, that the
PENDANTS in this case not only do not
sire the settlement of this case in any W,
other than by a trial in court, but tn
: having had it in their power to have forc'
/. a dismissal of the case they consented
i the continuance to enable theprosecutiC
to huntup any furtherevidencei in the ca
J which might be or exist. Again, on 4
y 9Th of this present month, at a considt
It able expense to my clients l went
n Topeka and argued to the supreu
court the branch of the case then pen
ing, a very useless proceeding and {
n pense, If the case had already been s.
/. tied. Again the case is still in court al
u and as it has been continued until {
n March 1881 term of our court neither 1
d court or any person can make any d
&c position of the matter until then. Aga
:, as the defendants have had it in thu
u power to have forced dismissal of Il
r. case without trial and did not exerci
)t such power, no one need fear that I
case will ever be dismissed without tr
by any act of the defendants or tn
II friends. Respectfully,
re G. n. STERRY
METEORS IN INDIA.