The Anaconda standard., 1895-12-21
LITIGATION FOR LOTTERY PRIZE

Twelve Years Have Been Required to Set
tie the Ownership of S7S,ooo.
From the Kansas City Journal
On Dec 20, at the court house door In
Lexington, Mo-, United States Mar
shall Joe Shelby will sell, under execu-
ton issued from the United states cir
cult court here, 532 acres OF nne 1arm
land located near Odessa, In Lafayette
county. The sale will close hard
fought and historic case. 1t Is the old
lottery claim of Louisa Cohn against
Alvin Kensier, partners in the pur-
chase of a lottery ticket that proved a
winner and drew the capital prize OF
SIS. 900 in the famous old Louisiana
state lottery in it's palmy days. The
cash has been productive OF everything
but comfort to all interested parties
since it was paid out by the lottery
company a dozen years ago.
During the fall of 1883 Louis Cohn
and Alvin Kensler were the best OF
friends. Both lived here In Kansas
City, and for long time had been
partners in the purchase OF lottery
tickets and had jointly invested IS each
month in search Of a fortune. One day
during that fall Kensler was given
$3.50 by Cohn to make the accustomed
purchase. Later in the day Cohn asked
for the money. saying he was called
out of the city and would need II. He
asked Kensler to advance the amount
and he would be the partner. and this
agreement, so he. says, was fully un-
derstood. His visit was prolonged un-
til after the drawing, and then kens-
ler learned to his astonishment that he
held the ticket that called for the capi-
tai prize $4,000. Just about that time
Cohn came back and rendered him the
$3.50 for his half in. the ticket, but
Kensler answered him nay. Then there
was row.
In the due course of time Kensler de-
posted his ticket with the express
company, and 1t was paid and the cash
was turned over to him. Cohn at once
began suit for his half OF the sum, and
employed Maj. William Warner as his
attorney, while Kensler employed Sem
ator George Vest to defend his case and
his cash. The case was filed in the
federal court in Kansas City Dec. 16,
1884. and asked for one-haf of the
amount. The case was in court for
three years, and on Nov. 1, 1887, the
verdict was rendered for the plaintiff
for the sum asked, with legal interest
TO date.
The legal battle attracted a great
deal of attention. Warner fought for
his client with remarkable zeal, and
| Senator Vest, who was paid $1,000 to
| defend Kensler, made a stubborn de-
| fense 1t was a tilt between trained
and experienced legal gladiators, and
is remembered by both attorneys and
the officials
But Kensler did not stop fighting al
the close of the litigation. He invested
a large portion of the cash in a farm of
532 acres down near Odessa and mar
ried, so that his wife would be able to
have a claim in the property. A baby
was born, and another legal complica-
ton was precipitated. The farm was
! decided to others. and every device
1 known was resorted to in order to de-
| lay or defeat settlement Finally Mrs
Kensler died and some years later the
baby died, and Kensler is said to have
/ completely abandoned the case and
| gone to the Pacific coast, where he has
accumulated some property and aban-
doned lottery enterprises.
The attorneys for Cohn watched the
legal complications, and at the proper
time the judgment was assigned tC
Isaac w. Avitt and in his time was
revived and is now in force. The mat
ter was at once put into motion, and
an execution was issued and the prop
erty seized and sale advertised. The
advertisement has been satisfied. ant
on Dec 29 the sale of the lands viii
take place at Lexington.
The farm is one of the best in La.
fayette county. and is worth. so inter
ested parties claim, fully $50 per acre
ment of the plaintiff. II will be bis
factor. The judgment, with the lega
interest added. now stands at 727