Western Kansas world., 1886-05-15

NOT THE PIPE OF PEACE.
An Interesting Litigation over es Mesr-
Galveston N.-. schaum Pipe.
Mention was made Monday Of the liti-
ganon over mesrschaum pipe claimed
by Capt. Joseph Atkins to have been
stolen nom him when he was chief of
police in 1880. A meerschaum n;na ~.
presented to Capt Atkins in 1874 bv
Mr.. William VmWmkle This u;cs
Capt. Atkins claims, was stolen from hsm
IN 1880 nom the police station. The
pipe and its loss had been almost forgot.
ten until recently, when Capt. AtRins
discovered pipe in the show window Of
Mr.. Schonstein, on Market and Centar
streets, which he was positive was the nina
ha has lost that he had it produced n
court to establish its ownership. he did
not charge any one with the theft Of the
pipe, as he had not sufficient evidence to
sustain any such charge, it was merely
case to settle the ownership, quasi civ
Il proceeding, though the style of the
case on the recorders docket was "Un-
known, theft Of pipe of the value of
w." There were number of witnesses
examined to settle the ownership, Messrs.
James Griffin, William VonWinkle.
James Cahill, Leo Nichols, John Will
Jams, Tom Duffy and John Cossar all
testhying that they believed the pipe in
court was the same pipe owned by Capt.
Atkins several years ago. Mr. Von-
Winkle testified to having gotten the
pipe in 1867 from an old man who
who brought it from Europe, and he
soon afterwards gave it to Capt. Atkins.
He was quite positive that. the pipe in
court was the same pipe. Capt. Atkins
and other witnesses testified to there be-
ing crack in the bowl of the pipe
which VonWinkle had presented Capt.
Atkins, and there was similar crack in
the bowl of the pipe in court. Leo.
Nichols identified the bowl particularly
by small niche that had been broken
out of the stem part of it. He had
broken it himself while cleaning the pipe
on one occasion with piece of wire.
The pipe in court was similarly niched.
All Capt. Atkins witnesses testified to
the fact that the pipe was a peculiar one
and they had seen none or very few like
it.
Capt. Atkins side of the case was very
conclusive, but Mr.. Davis swore quite as
positively that the pipe in litigation was
his property. It was brought to him by
Mr.. Isaac Heidenheimer, Jr., from Eu-
rope and sent to him when in Albany,
N. Y. This was about eleven years ago.
His brother sent the pipe to him from
Europe. He had had it in his possession
all the time until about three years ago,
when he placed it with Mr.. Samuels for
sale. Subsequently he took the pipe
from Samuels and placed it with Mr.
Schornstein. This was seven or eight
months ago. He had never seen a pipe
like it before. Samuels had the pipe for
three years. The bowl of it was crack
ed several years ago by being jammed
in a door. Mrs. Max Mas, the daught-
er of Mr.. Davis, was also quite positive
in her Identification of the pipe as being
the one that her father had had IN his
possession for number of years.
Mrs. Davis was also quite as positive
in her identity of the pipe.
Mr.. Heidenheimer was quite sure that
The pipe in court, if not the same, was
very much like the one he brought from
Europe to MI. Davis.
Messrs. Samuels and Shornstein iden-
lifted the pipe as the same that had been
left with them by Mr.. Davis for sale.
Mr.. Samuels testified that there was a
number of pipes like the one in htiga-
ion.
Upon this evidence the court annOunc-
ID its inability to arrive at any decision,
and so the matter rests, with the pipe in
The custody Of the police.