People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-12-26
John T. Stewart In Limbo.

in current comment about Wellington
last Thursday afternoon by the an
nouncement that John T. Stewart
had been committed 10 jail upon the
order Of D. c. Millard as a notary
public before whom Mr.. Stewards
disposition was being taken.
A writ Of habeas corpus was i'm
mediately sued out before Probate
Judge Levi Ferguson, and the hearing
was set for today, Mr.. Stewart in tho
interim having purchased his freedom
with a $500 bond
The facts in this case are more or
less Of interest to the public and we
quote the circumstances leading up
to this event.
Five years ago Judge James A. Ray
obtained a loan from Mr.. Stewart of
$500, giving a mortgage on his home
stead in the north part Of Wellington.
The notes and mortgages were made
out In the name Of Louis H. Stewart
a brother Of John T. Stewart, at that
time a resident OF Cincinnati, but
who few months later died,
Judge Ray defaulttd in payment Of
interest and taxes, and a foreclosure
suit was filed in the name of Mrs. NJ.
c. BOebinger, sister of the Stewarts.
The defendant filed an answer to the
petition for foreclosure setting up in
substance that the money loaned him
was not Louis H. Stewards, but John
7. Stewart's. That the latter made
the notes and mortgages payable to
his brother for the purpose of evading
the payment of taxes upon them; that
Mrs. BOebinger does not own them
now; that they are in reality John T.
Stewards property; that they have
been endorsed to the sister only to
enable Mr., Stewart to escape the pay.
ment of taxes upon them, the penalty
of which under the law is forfeiture
Of the notes.
Judge Ray visited Cincinnati last fall
and obtained evidence by dispositions
tending to support these facts, Last
Wednesday he had Mr.. Stewart sub
penaed before D. c. Millard as notary
public TO have his depOsitiod taken,
in advance OF the regular hearing Of
the case In court In order to see what
his evidence would be and give op-
portunity to secure rebuttal. He
testified that in January, 1890, his
brother Louis H. Stewart sent him a
draft for $1,000 to loan for him; that
he deposited this 81, 900 in the bank In
his own name-that he then made
loans to the amount of 1000 for and
in the name Of Louis H. Stewart and
that this mortgage was one Of them.
The phase Of the examination
which brought on the above climax
was as follows;
QUESTION. At that time was there
any notes and mortgages which had
been taken in Sumner county, Kan.
sas, in the name of Louis H. Stewart
given to you, or to Mrs. Hagan or to
Mr.. Edward Stewart by your mother?
ANS. / refuse to answer for the
reason that it has nothing to do with
this case.
The defendants by their attorneys
now ask that the witness be compell-
ed to answer the last question.
Having read the question the notary
asked the witness to answer same. He
thereupOn refused.
The attorneys for the defendants
insist on an answer to this question
which the witness persists in refusing
to answer. The attorneys for defend
ants insist on the question being an
swered or that an order Of commit
ment be issued for contempt Of court.
The notary notifies the witness that
unless he answers the question that he
will have to commit him and the wit
ness still refusing to answer is declar-
ed 10 contempt. 1t is hereby ordered
that said witness John T. Stewart be
and he is hereby committed for con-
tempt to the jail Of said county Of
Sumner ard there confined until such
time as he NAV answer the question
and the constable is ordered to take
charge Of said witness John T. Stew
art. D. Q. WILLARD,
SEAL Notary Public.
Commission expires, Nov. IA, 1889.