Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1889-04-17
THE TWO CASES IN FULL.
W. ID. VanSlyke VS. C.. w. Ellis and
G. w. Ellis VS. ]. w. McNeaI.
Prominent Citizens Airing Their Sup.
posed Grievances.

80 many different stories have been
told, so many conflicting rumors circu-
lated about the VanSlyke- Ellis AIcNeal
litigation, now pending in the district
court, 1t is due the cause of truth that
the cold facts. as set out in the respect
i've petitions be published. We had in
tended keeping this unfortunate troub-
lie out of the columns of the INDEX.
but both cases having been commented
on in the state and Kansas City papers,
we have concluded to let our readers
have an equal chance to draw conclu-
sions. The parties to the cases have
all resided here for years-they were
all first settlers. 1t is unfortunate that
they are now before the public as liti-
giants in cases that must prove decided
ly sensational. Here are the cases:
THE vANsLYKE PETITION.
In the District Court OF Barber county.
in the State of Kansas.
W. ID. VanSlyke, plaintiff,
versus SPetition.
G. w. Ellis, defendant.
The plaintiff says: That in. the year
OF 1879 the plaintiff was married to En-
hleh dICi9hOs VINO WdS lucIl, anu ever
since then, until seduced by defendant,
as hereinafter stated, woman OF ex-
cellent character, of superior mental
qualities and attainments, of pleasant
and preposseSSing appearance, of a kind
and aftectionate disposition, skilled in
all household duties, and in every way
lifted to make good and faithful wife.
That from the time of said marriage
until said seduction plaintiff and his
said wife loved each other, and lived
pleasantly and happily together as hus-
band and wife, in the town of Medicine
Lodge, Kansas. That during said time
the defendant, who was and is a mar
RED man, also resided in said town of
Medicine Lodge, and in the vicinity of
plaintiff. That the families OF plaintiff
and defendant were, during said time,
on the most intimate and friendly re-
latlOnS, personally and socially That
about the month of September, 1885, the
defendant took advantage of said init
mate and social relations, and by secret,
persistent, deliberate and artful devi-
ceS, Establishments and professions of
love for plaintiffs wife, gained her con-
hdence and affections to such an extent
that he, said defendant, then wilfully
deliberately, and in violation of every
consideration of morality and friend
ohAP1 oUNNOOuOO III ucI, duu
from that time until June, 1887, contin-
ued to have criminal and illicit inter
| course with her at every opportunity
which offered, or could be devised by
his cunning, so as to keep such Illicit
intercourse hidden from and unknown
to plaintiff.
That said illicit intercourse greatly
| injured her physical and mental health,
causing her to have such feelings OF re-
morse, loss of self-respect, self-reproach
and modification, that she became af-
tlcted with insomnia and melancholy,
and all the physical Ills that naturally
result therefrom, so that for several
months prior to June, 1887, and ever
since then until her death, she was an
invalid, and unable to perform her
household duties. That about June,
| 1887, the plaintiff became alarmed at
her condition, and from that time until
her death, he tried every appliance of
| medical skill and change of scene with
I Ill his means to restore her to her for
mer condition of health and strength.
! That in his efforts to accomplish that
| result, plaintiff paid out for care, med
ical aid, board and travelling expenses,
large sums of money, aggregating seY-
| eral thousand dollars. That he never
knew nor suspected that SAID illicit in
tercourse had taken place, nor that
| there had been any undue familiarity
| between her and defendant, until Oc-
| tober, 1887, when She, believing that
| she would live but short time, volun-
| tarily confessed her said intercourse
with said defendant. That since said
| confession plaintiff never cohabited
with her, but, while she lived, cOntin-
ued to treat her with kindness and for
bearance. She finally died on account
of the mental and physical ills produced
| by defendants said illicit intercourse
with her, and by reason thereof plaintiff
ever since several months prior to June,
| 1887, has been deprived OF her society,
aid and Wifely care, affections and at
| tentiOns, whereby he has suffered pc
cuniary loss and great mental pain and
misery. That after plaintiff had ex-
pended large amount of money in his
efforts aforesaid to restore her health,
and soon after learning of said illicit
| intercourse, he went to the defendant
| and confronted him with the facts.
| That said defendant then fully &C
knowledged said illicit intercourse, ex-
pressed much contrition therefor, and
| expressed desire to make such amends
therefor as he could. Whereupon, the
| plaintiff, being persuaded thereto by
| his friends, and by the earnest request
of defendant, then entered into con-
tract with defendant, whereby the de-
PENDANT agreed to pay to plaintiff the
sum of So 10000, in full settlement and
compromise of plaintiffs injuries, loss
| eS and damages by reason of the mat
ter afoI esaid, and whereby the plaintiff
agreed to receive the same in full set
Element of all of said matters. BY the
terms of said contract, the defendant
agreed to make such payment whenever
the plaintiff should be required to set
tie, or should settle, or Should desire
to settle his accounts as receiver in a
case then specified, then pending in
in court, in which the plaintiff was, by
| appointment of court, then acting as
| such receiver, and in which he then had
in,hiS hands, as such receiver, said sum
OF S3400 90, which he would have to ac-
count for and pay over when he should
settle his accounts. The plaintiff af-
terward, and in August, 1888, settled
his accounts as such receiver, and paid
over, IN obedience to the order of the
court, said amount; and he then, and
at divers times since then, demanded
from the said defendant the payment of
said money, yet the defendant neglects
and refuses to pay the same, or any
part thereof, and now refuses, and has
all the time hitherto neglected to pay
to plaintiff anything upon said matters.
or in any other way TO make amends
tor the wrongs so done by defendant to
plaintiff.
Wherefore plaintiff prays judgment
against defendant for the sum of So, 400
with interest thereon from June. 1887
and his costs herein.
JOHNSON, MARTIN 81 KELLER,
Attorneys for Plaintiff.
JUDGE BILLS PETITION.
In the District Court of Barber County
State of Kansas.
c. W. Ellis, Plaintiff, D.
versus Petition