The Wichita daily eagle., 1896-10-07
KANSAS COURT OF APPEALS
Two Important Habeas Corpus Cases Fin
ished Yesterday.


The Kansas court Of appeals began
its hast session for the year in this city
yesterday. All the judges-Johnson
Cole and Dennison-were present and
transacted a great deal Of business.
One of the first cases taken up and
passed upon was the habeaS corpus
case of Lehr VS.. Lenr. Both Mr.. and
Mrs. Lehr lived in FL Doraio and as
signed adultry with one John Collins.
Mr. Lehr started divorce proceedings
against his wife She did not appear
end he secured his divorce in Wyan-
dotte county and was given the custody,
care and nurture of the three children.
That was in 1895. A short while ago he
asked for a habeas corpus to secure the
custody of the children and when the
papers were served on Mrs. Lehr she
gave up the children. Yesterday Lehr' $
attorney appeared in court in support
of the habeas corpus and asked that
the court decree that he should have
permanent custody of the children. The
court refused to do that in an opinion
delivered by Judge johnson for the rea-
son that no showing was made by Lehr
or his attorney to justify it. No facts
were submitted showing why he should
have the children and the court did not
propose to make a final ruling on any
thing that it did not know anything
about and thus bar all future proceed
ing and perhaps work injury TO the
welfare of the children. Judge John
son said 1t was the custom of courts
from time immemorial to protect the
interests Of children and as there was
no showing made proving to the court
That Dehr was better fitted to have
the care and custody of the children
than Mrs. Lehr or anybody else, the
court dismissed the case and permit
ted the matter to stand where it is.
Another case heard that is of consid-
cradle interest but which has not yet
been decided is the habeas corpus case
in the matter of the Imprisonment of J.
{. Gillian and S. NJ. Land from Bour-
pon county. These gentlemen are prob
hly the largest real estate firm in
eastern Kansas, and in this case they
were represented by ]. NJ. Humphrey,
a nephew of Col. Hollowell, formerly of
ihls city. These gentlemen, among the
other features Of their real estate oper-
atoms, go TO Iowa, Illinois and other
states and bring from there men seek
Ing investment in farm lands. From
Iowa they brought a man by the name
of Hink and sold him 800 acres of land
In Woodson county for $4,000 Previ-
Gus TO selling him this land they bought
an opinion in ii for $4,000 The terms
OF The sale to Mink was that he nav
$500 down and 81 900 on March 1st. They
contracted to give him a deed then and
mat he IN turn would give them a. mort
gage Tor $4,000. With the owner of the
land they had previously made a deal
CONSTANT in every detail with the deal
they made with Hink. II seems that a
local agent for the land got wind of the
deal and meeting Hink he told him that
ne cou4d buy the land much cheaper
from him. Hink then demanded of |
Gillian & Land the $500 he had paid !
Them and also the contract he had |
signed on the grounds that Gillian & |
Land sold him property that they were |
rot the owners of. They refused and |
Mr.. Hink employed the county at |
torney of Bourbon county who had the |
gentlemen arrested for obtaining |
money under false pretense They |
were bound over by a local justice of |
the peace and hence the ha'beas.
An opinion Will be rendered some |
time during the week.