The Wichita daily eagle., 1896-12-16
CAP. KUHN W0RSTED
COUNTY BEATS HIM IN A RATHER
NOVEL LAWSUIT.
He Demanded Per Diem and Milage as q
Witness in Case In Which He Was
Attorney for Other Side and the County
Refused to Pay Him-He Then Brought
suit and to Avoid Precedent the County
Attorney Fought it Bitterly-It Was
Great Day for Oratory on Both
Sides.


There was an exciting case in the dis
trict court yesterday over the sum of
nineteen dollars.
Captain Kuhn Of Mulvane was the
plaintiff and the great county Of Sedg-
wick, with its $4,000 people, was the de-
fendant. Twelve of these good people
sat in the jury box and returned ver-
dict in favor of themselves and their
44,9sS neighbors.
Captain Kuhn is the father of the bar
at Mulvane. He is the best lawyer in
that city. He is the only lawyer there
and there have not been an unhappy
pair in any OF the five surrounding
townships for twenty years that did NOT
consult him successfully about legal
separation. He practices both in Sum-
ner county and this county and is very
moderate in i,'s charges.
When DR.. McKinzie of Mulvane got
Into trouble over the confinement of
Mrs. Billy Smith and was accused or
numbering the baby he emp:oyed Cap
tain Kuhn to defend him and the cap
tain with a tear-of sympathy in his eye
accepted the engagement. 1t so happen
ed that in that very same case Captain
Kuhn was subpoened as a witness ty
Mr.. Willard Boone of this county who
was then the prosecutor. The captain
attended The trial both as an attorney
and a witness and by his intricate e1-
amina ton, and cross eX annillarion AID
towering eloquence he cleared his
client. When the time came for allow
ing the bills Of expense in the case Coun-
ty Attorney Davis refused 20 .. x. the
bill of Captain Kuhn, for per diem and
mileage, for the reason, as ne thought.
tnat the overburdened take payer could
not stand TO pay the expenses of the cap
tain to attend case in Wh;cn he was
the lawyer for the defense The cd3tain
didn't do a thing but sue the county.
The case was tried yester lay before
Judge Dale and the incoming and cut
going county attorneys We're matched
against each other. John DAVIS argued
until he was red in the face and drowned
with perspiration. 1t was as clear a
case OF earning bread by the sweat o:
one S Tac:. as was ever seen m a codr. Of
justice. He pictured the poor farmer IS
One with a heavy load of taxes on his
shoulders and tottering along the high
way or life under it. II was enough to
make one weep and not a eew- Jurors
were seen 10 wipe away tears from their
eyes 1t did not seem possible ti;at any
man could answer the argument of Mr..
Davis
When Sam An1idon rose 20 sr,aajx he
looked in the cold faces of twelve tax
payers and the sight was not encourac-
ing. sam opened out his long bony
nands to the jury and made one sween OF
them around and clasped square yard
OF atmosphere to his bosom. He then
pictured to the jury the enormity of the
uhJuStce the great county of SedgwicIl
wanted TO perpetuate on an old mana
a l,;e-
II was in its greatest peril He then
showed how an officers was sent to Null
"ane with an order from the honorabls
court and tore Captain Kuhn away from
MS business and the peace and content |
ment of happy home, TO serve the |
county in the great cause of justice. He |
pictured this dramatic scene so vividly |
tnat one could see the venerable captain |
dragged Shivering out of bed by the |
rough hand Of a merciless officer. COM |
pelled to dress in cold room, to remove |
MS night cap in a fearful draft, to leave |
his home without a bite to eat and all |
thdt sort Of thing. Then he picture. |
Sedgw ok county as a great giant with |
its SAC. OC0 OF assessed property, a |
treasury oyerffowing with gold and sill |
Yer, great herds of cattle on thousand /
bills and valleys. every granary burst |
ing with its golden treasure and so on, |
anu 80 Ol- MIX Ol Indt,- SdiC sam, 4
with a grea- sweep of his arms AM |
then think of 1t trying to beat this old |
man who has long passed the N eredian |
of life out of the insignificant little sum /
of S19"
There wasn't a dry eve in the court !
eoom and the captains claim seemed 10 |
be as good as old wheat during a rising /
market. At that particular muiGent the
Jurors were ready and willing to give
Captain Kuhn every cent he ASKED for
Mr.. Davis took drink of water and
every eye in the court was focused on
him. He walked over 10 the jury box
and looked at twelve men whs were as
cold as marble statues. H shook his
head like and enraged lion and
then he poured forth all the indigna.irn
OF his soul at the very feet Of the Jurors.
He again drew a terrible picture of the
tax payer. He had the poor fellow as
ragged as job AMI as pennIlr<s as 4
Weary Watkins. He hal i;irl half
starved and hopeless and vet 5s Thought
there were some men who wouiI s.iil I
hold him up and rob him of naat little
he had left him. He paid a hign tribute
TO Captain Kuhn, but he would sooner
put his head on the block for the heads
man TO strike at than 10 see any man |
raid the treasury and rob u vf its last
cent II was a great effort aa1 when he
ceased the entire jury was worked up TO
SUCH pitch Of indignation that it would
require but very little of them 10 hang
both Captain Kuhn and sam Amiion
rom the big chandelier above Their
heads. They were in this frame OF mind
when they retired land 1t did. not take
hem long 10 bring in a verdict for the
county.
GOING TO CINCINNATI
4