davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
LAWYER EULER SUED.
Jacob Mann Alleges That He Has
Beer Wrongfully Deprived
of PROPERTY.

Jacob Mann, a resident of North To
peka, has fled suit in the district court
against Mrs Susan Mann, H. w. Euler
the attorney, and EstelIa E. Euler, his
wife, praying that a certain decree of
divorce handed down bv Judge Hazen
on March a. 1896, be set aside, as also
certain deed executed the following
day, and that an alimOny judgment for
1925 be rescinded. In his petition he
charges cOlIusion between Susan Mann,
his former wife, and Attorney H. w.
Euler, and on this basis rests a rather
interesting story.
Mann states that on January 4, 1897,
he commenced action in the district
court to secure a divorce from his wife,
Susan Mann, and employed H. W. Eul-
er as attorney to conduct his case. Two
days afterWard, however, he changed
his mind on the question of divorce and
ordered Euler to dismiss the case. A
few days after so instructing his attor-
ney, heleft the state, and did not return
until two weeks ago.
Instead of dismissing the case as or
dered, his petition goes on to say, Euler
allowed it to stand in court, and on Jan.
Il. 1897, Mrs. Susan Mann filed an an
swer and cross bill. Acting as his rep
reSentatiVe, Euler further allowed the
and on that date a decree in favor of
Mrs Mann, together with an alimOny
judgment for $225. was rendered by
Judge Hazen.
This much of the proceedings, of
which he was in total ignorance at the
time. forms Mann's first cause for act
ion, and he asks to have the decree of
divorce set aside and the judgment re
scinded.
The second cause of action charges col
fusion between Euler and his wife. In
filing the decree Of judgment, Mann al
leges Euler changed it in such a manner
as to give to the defendant the home
stead property on Evelyn street in
North Topeka. and on the following
day Mrs. Mann decided the property to
Euler for the consideration of $125, al
trough he states it is well worth ST.
800
Euler in turn decided the property to
his wife, and in this way Mrs. Euler is
brought into the suit. Mrs. Euler af-
terward mOrtgaged the property to Os-
car Bischoff for $3.50.
Mann further states that at the time
the decree was changed and the trans
fer of property made, Euler was aware
that he had in his possession a contract
with his wife, executed on September 9,
1896, by the terms of which she resigned
all rights to the homestead on Evelyn
street in North Topeka for a considera-
ton of $500.
On the second cause of action Mann
asks that Mrs. Euler be restrained from
disposing of the property until such
time as the case is tried and settled, and
that a that time the deed and false de-
cree be set aside and the property re-
stored to him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
LATEST IN HILLMON CASE.
Judge Foster VIII Decide on the In
terest of the Attorneys in June

In response to subpOenas issued out OF
| the court the first of the week, G. F.
| Riggs, attorneys for Mrs Salle T.. Hill
mon, in the famous HillmOn case, ap-
! peared before Judge Foster Saturday
afternoon to show to what extent they
were interested in the case.
The SubpOenaS We're issued on mo-
ton to obtain security for costs, fled by
the attorneys for the insura nee conpa-
MES, but an opinion on this point will
not be handed down by Judge Foster
before the second Tuesday in June. On
that date he will decide whether or not
it is necessary for the three attorneys
to give security for the costs.
The examination Of the attorneys
Saturday afternoon did not result in
anything new. Their statements were
practically the same as made in 1894,
when an effort was made to force them
to put up security for costs.
Mr. Hutchings stated that there was
an agreement between Mrs Hilmon
and her attorneys as to certain fee to
be received for services in the event the
case was successful, but if the case fail
ed, no claim was to be made against her
He further stated that this contingent
fee was 80 per cent of the amount re-
covered and expenses.
Mr.. Riggs stated that the 50 500, con-
shutting the attorneys lien Of which he
testified in 1894 covered all disbllrsa-
ments already made and which might
be made in carrying on the case He
said this amount was advanced VOIun-
taril'y by the attorneys, with the under
standing that if the case was decided in
Mrs. HillmOns favor, this amount
should be refunded.
All of the attorneys denied the ex-
istence of any contract by which Mrs.
H1lImOn resigned her interest in the
case in favor of her three attorneys
Before the attorneys for both sides
left Judge Fosters chamber, it was de-
cided to let the next trial of the case 20
over to the September term of the Uni
ted States circuit court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
At THE STATE HOUSE.
The CalIedEETraitOrs''Of the
POpuIist House
Figuring on a Plan to Steal Ad-
ministratiOn Thunder.
Will Petition for a Session of the Leg
islature to Enact Into Law SEIZED
ule Adopted by the Coming
Conference.

The members of the legislature VINO
incurred the displeasure OF the admin
istratIon and the censure of their con-
stituents by refusing to support the
maximum freight rate bill are credited
with a scheme for a special session. the
successful execution of which depends
entirely upon the result Of the confer
ence between the representative OF the
railroads and the members OF the state
board of railroad commissioners
The plan as it has been formulated -
for the sOcaHed traitors" to get to-
gether and in the event the conference
of railroad men with the cOInIIlSSlo ions I.S
adopts a schedule OF rates, to forthwith
present to the governor a petition call
ing for an extra session of the IeSlSIa-
ture TO enact such schedule as maxi
mum freight rate law
Smith of Sherman. Doyle of Republic.
Brown Of COwley Basgal t19ehl') OF
Ellis. Turner Of Jewell, and others VINO
voted against the maximum bill are
working this plan and Will make an
effort to put it into operation
At present the men who are raising
the biggest fuss are members VINO,
While perhaps Indifferent on other DIS
which the Populists demanded are pro
claiming their individual virtues arls-
ing from unqualified support OF the
maximum rate bill An organized eT-
fort. under the direction of the admin
iStratiOn is being made to secure critic
ism and denunciatiOn publicly and by
resolution. of the men who declined to
observe the wishes of the majority and
voted as their constituents directed
them. The traitors" have been the
subject of taunts and jeers and have
also been charged with the responsible
ity Of defeating the measure of which
the Peoples Party had the highest
hopes and fOndest expectations.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
The Best Remedy for Rheumatism.

[From the Fairhaven IN. y Register. ]
Mr.. James Rowland of this village
states that for twenty-five years his
wife has been a sufferer from rheuma-
tism. A few nights ago she was in
such pain that she was nearly crazy
She sent Mr. Rowland for the doctor
but he had read of Chamberlain's Pain
Balm and instead of going for the ply
sician he went to the store and secured
a bottle of il. His wife did not approve
of Mr.. Rowland's purchase at first, but
nevertheless applied the Balm thor
oughly and in an hours time was able
to go to sleep. She now applies it
whenever she feels an ache or a pain
and finds that it always gives relief.
He says that no medicine which she
had ever used did her as much good
The 25 and so cent sizes for sale by
druggists.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
WILL He BE DIsAPPoINTEDP
Findlay May Not Get the Expected
Place of Internal Revenue
Collector

George Findlay may have a war rec
ord not gained in the rebellion before
he gets through with his candidacy for
collector of internal revenue for Kan
sas- The report come from Washing
ton that Leland is fighting him in the
interests of whom is not stated.
Mr.. Findlay says that Leland told
him before the campaign closed that he
would give him unqualified support for
the position. FindIay says the reports
from Washington are principally news
paper rot and mean nothing as Lee
land is standing by him and he feels
sure of the position.
7. J. Hayes of OsawatOmie has gone
to Washington to land this position
Hayes. who is said to be the father of
the scheme to elect Baker United States
senator is guaranteed to have strong
influence in his favor for anything he
wants.
Charlie LObdell has returned to Kan
sas but denies that he has been to
Washington to seek the appointment as
revenue collector. One thing is certain
Lobdeu and Leland are thick as peas
in pod and the former stands a good
show for something if Leland can
land it for him. Lobdel, as politicians
always do, swears he is not after an Of
flee.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
A DEFENSE OF LEwELL1Ne.
The Railroad Commissioner, it Will
be Seen, Still Has Friends.

H W. Ruble. who was one of the
of representa- tives has issued a letter
in which he criticizes the legislative in
Vestigating committee in a vigorous
manner. He resides at Greenwich,
Sedgwick county The letter says;
Termination and recriminatiOn has
been the result of the Doodle investiga-
ton at Topeka. Men who We're high in
the councils of the party have been ac-
cused of offering and accepting money,
and some have been accused of trying
to get into position to get seen. But as
yet there is nothing proved No com
plants have been filed in the proper
courts, and its more than probable that
there won't be. Therefore we of the
small fry, are beginning to look around
for reasons and motives for all this
hubbub. and until something more def
mite is shown We Will beg leave to
draw our own conclusion from the evil
dence 50 far produced, which is very
one-sided, to say the least
To begin we will go back to the first
exposure and arrest Why did the hon
orable senators so tragicauy lay their
case before a court which had no pow
er to punish the offenders, if proven
guilty. Why did not the resolution re-
sulting from this exposure, provide for
compelling witnesses to appear and test
fly under oath? But it may be said
that there is now such a law upon the
statute books Yes, but the committee
didn't seem to know it until the show
was past the browning act Did not
these wise and hOnOra BILE members
know that a man who Will offer bribes
and those who will accept them, are
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
HORSES FOR DIAZ.
Senator Cameron Sends the Mexican
Ruler a Valuable Present

Mexico City. May 3.-General Porfrio
Diaz, president of the republic, has just
been presented with a costly thorough
bred horse that is valued at $4,000. The
animal is of English breed and sOrreI
in color.
1t was reared on a stock farm in the
state of Pennsylvania, owned by Don
Cameron, who, not forgetting the
graceful manner in which he was en-
tertained by the president during his
visit to this city last year. has employ
ed this means of expressing his graft
tude and appreciation to the chief fed
pral executive The senator shipped
the horse by express, the charges there
on being $500 in gold. President Diaz.
being a lover of good horses, prizes his
present most highly.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
GOV. BRADFORD'S DIARY.
It May Be Presented to Govern or
WoIcott at the Victorian Dia-
mond Festival Cele-
bration.

BILE but very probable that the famous
Gov. Bradford diary, which was recent
" presented to Amba ssador Bayard as
a gift from the British nation to Amer
lea, will be presented to Gov. Wolcott
as the representative of the United
States as well as Massachusetts. at the
celebration of the 60th anniversary of
Queen VictOria's accession 10 the throne
which will be held in the Mechanics
building June q.
The committee of arrangements have
been negOtiat ting with Former AmbaS-
sador Bayard, and as it is understood
that he will undoubtedly accept the
proposition. the celebration will take on
an interna tional and historical impor-
lance
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
NO EXCUSE FOR LEwEL1ING
He Had His Opportunity and Failed
to Act on It.
From the Wichita EagIe

From the Wichita Eagle:
MI l. P Campbell stood in front of his
oHlce lest evening looking about thous-
and miles into the future. He said: II
read the Eagle this morning and carefully
studied the interview of Brown of Pra tt
he says that LeWelling is all right, and
yet he says that the people of this coun-
" ought to urge an extra SESSION so that
the legislature may pass q maximum
freight rate. If LeWelling WIS all right
he ought to have voted for the maximum
freight rate bill when he was in the SEN
ate last winter. He knew as we'll then IS
ne does now that the people of this county
want maximum freight rate bill. It
has been pronounced POpulist doctrine
for years and this talk about any further
agitation 90 educate the people up to it
Is absurd. don't want to go record
as saying that Leweliing is all wrong.
but he IS far from being all right. even
according to the interview of his apollo
giSt- Last winter I under.st and that Lew
cling with others used their influence in
the house against the maximum freight
rate bill in favor of the Harris bill which
Governor Leedy vetoed. he ought to
have done. I believe every honest man
viii say that Mr.. Leedy did what was
right am opposed to an extra session
of the legislature for the reason th.-t
believe il would do no good and cost the
taxpayers thousands of dollars for moths
ing. The trouble with the legislature is
that too many OF the mem beTS have the
Swelled head and want 70 push them~
selves forward at the expense OF the peO~
pie that temporarily gave them power
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
FIRST SUNDAY CONCERT.
1000 People Attend-More Park
Benches Needed

MarshalPs Military band gave the
first open air concert of the season yes
terday afternoon at Garfield park
There was a good attendance and the
band made a good impression-as usual
The programme contained several local
numbers. among which was julius
Weddings Lotus Club March, John
Marshall made the band arrangement
of the piece and he was commended for
his effort. Another Topeka piece played
yesterday was Lucille" by W. NJ
Van Ness. Mr.. A. w. Lacey played it
as cOrnet solo. Many people thought
it the prettiest piece of the day and
there will be frequent demands for it's
repetition during the summer. Mr.
Van Ness is a Topeka composer who
never fails to produce music that
touches a popular chord. Some of the
strains of Lucille in their power to
affect the emotions have seldom been
surpassed even by the most noted song
writer's. 1t is to be hoped Mr.. Van
Ness will do more work in this direc-
ton. In the vocal arrangement of
Lucille" the words were written by
The programme contained two CLASH
cal numb which were played withef-
feet, and several popular airs which
pleased the crowd.
MarshalIs band now numbers 60
members. Lately additions have been
made in the reed Instrumentation. At
present there are "a reed instruments
in the band, including ten clarinets, six
saxaphOnes, two ObOes, two piccOlOs,
baSsOOn, bass clarinet, alto clarinet and
flute This gives the organization
strength in executing classical num-
bers which is most pleasing. There is
enough of the brass, however, to retain
the delightful effect in marches and
quicksteps. Every band instrument
manufactured is represented in Mar
shall's organization.
n6 in f7ea16
park for the accommodation of the Wis
itors Many of the old seats are badly
broken. Hundreds of people had to
stand up yesterday, there being 1,200
present. One hundred new benches
would not come amiss, and if they
could be made shorter, so as to accom-
modate only two or three people each,
it would be more satisfactory.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
PLANNING FOR 1898 ALREADY
Gov. Leedy to be Renominated Of
Course Overmyer for Con-
gresham at-Large.

The managers of the "allied forces
of the last campaign are deVOtlng some
attention TO the preparation Of plans for
the next campaign, which, although
more than a year in the future, is
deemed of much Importance because of
the desire of the present forces to re-
tain control of the state
Fusion is the principal theme of the
discussions which take place behind
closed doors in the offices after hours,
at the hotels and on the trains. 1t is
a fact that some Of the most elaborate
political campaigns have been prepared
while the manipulators were travelling
across the state upon some line of rail-
road, consequently it is not strange,
then. that the politicians Of the par
ties now in power follow the examples
of their predecessors
1t is asserted that Governor Leedy :
demand for 2 maximum rate Dill and
his action in vetOing a bill which did
not embOdy the features demanded by
the Populist platform. viii secure his
denomination for governor. For lieu
tenant governor Mr.. Harvey will seek a
denomination.
There is no disposition to change the
remainder of the state ticket except as
to cOngTessman-a t-large. This place
is demanded by the Democratic fusion
lists, who want to run David Overmyer
for that Office. Joe Lowe would like
to be attorney general; so would w P.
billiard but he and Mr.. Boyle are
warm friends. and besides Mr.. billiard
has a good thing as a member of the
state board of railroad commissioners.
Then John Atwood of LeavenwOrth
might 90 after tn place now held by
Rev. Mr.. BOtkin. but the sentiment
seems to favor Mr.. Overmyer.
There are some changes in the re-
1nainder of the programme, one of which
is to place State superintendent Stry-
ker at the head of the state normal
school at Emporia and run Demo-
crat for state superintendent.
Further than this but little figuring
is being done, but that there is such
a scheme as outlined above is vOuch-
safed by one Of the leading fusion poll
tiCianS
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03
PRESBYTERIAN PASTOR
breaches to a Large Congregation at
First Presbyterian Church.


DR.. J. D. COuntermine, the new pastor
of the First Presbyterian church,
preached his first sermon in his new
charge yesterday morning. The large
audience room of the first church was
crowded to hear him. DR.. Counter
mine. who is a fine looking man with
a pleasant address and an ecclesiasti-
cal manner, made a few preliminary
remarks to the congregation which
showed that he is man of practical
ideas Addressing them, he said: My
friends, come before you today for
the first time as your pastor. I assure
you Mrs. Countermine and myself
made many sacrifices to come here. AS
1 told your session, and I may as well
tell you publicly, We came here to glO-
r1ty God. You sought US. we did not
seek you. You laid down your cOndi-
tons, and we accepted your conditions.
L am but a man. You will find many
things to criticize in me. If I speak out
to you, remember co it for the best
Come to me If you like afterward and
we Will talk it all over together. I
want you to understand me. If we can't
get along well down here, how will it
be when we get up above? I want to
meet you and know you all. Tell me
your names when you meet. I want
to know your children, too. do love
babies. And I want you to attend the
services here just as much as possible
If you must miss any service, miss that
one in the morning. I preach my best
sermons in the evening, and want you
to have the best. The morning serv-
ices viii be from an hour and a quarter
to an hour and a half in length. But
the evening services will be but an hour
in length. When we come to you, you
are written on the tablets of our mem
DRY. When the time shall come when
I shall preach my last sermon to you
and offer my last prayer to you, you
will still be there il our memory"
Elder G. NJ. Chase made a few re-
marks at the service concerning the
death of the late Judge N. c. McFar-
land in which he spoke of his beneh-
cence. He concluded by rendering to
the new pastor and his wife the hearty
support of the church members.
DR.. COuntermine preached a strong.
practical sermon upon the subject, The
Fulness of Life, Thought and Power
What Does It POrtend?" His delivery
was good, his articulation clear and his
thoughts weighty but simple.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-03

to Dean Bodley for some months and his
/ promotion was source of qualification &c
I his friends.
/ A number of the members of the A o.
/ L. w and Select knights of this city
/ attended the funeral of W. R. Sheen in
! Lawrence yesterday 2fternoon. Mr.. Sheen
/ was past grand master of the A o. u.
/ w in Kansas and at the time of his death
was supreme recorder of the Select
W. NJ. Stewart who has been with the
| Wells-Fargo and company'S express here
| where he has been appointed agent for
! the company. He left Saturday to as
sumo his new duties. His family will re-
main here q few weeks before moving to
that place.
A wei attended temperance meeting
was held ct Plymouth Ridge in Menoken
township last night under the auspices of
the State Temperance union. An address
vas was; given n by the secretary secretary Of the union,
church at that place.
Rob Moore and Lilly French, two color
ed people were having feast and a
good time last evening about o'clock on
complaint was made to the police about
them. Patrolman Campbell and Detective
Capron arrested them and placed the
charge against them of disturbance of the
peace.
A graduate school has been organized
at the Kansas state university similar
to those in the eastern universities The
regular K. L. faculty organized it last
week in accordance with the statute re-
Gently enacted by the legislature. Post
graduate studies will be taught there now
and higher degrees given. 1t is thought
that it Will result in bringing additional
students to the university.
The Shawnee County Teachers associa-
ton held the last meeting of the sea son
Saturday afternoon at the high school
rooms The following officers were elect
ed for the coming year: President, NJ. L.
Field, vice president Clara Owens. secre-
tary Emma Bissell and treasurer John n.
Mcbride. The literary programme was
participated in by Mary Barley. Emma
BisseH, Madge Moore, Ida Packard Mrs.
Annie Martin, O. G. Neiswender, John
Macdonald, 0. P. NJ. McClintock J. n.
Mcbride. c. H. Martin and c. H Keetz
Musical numbers were furnished by Belle
WEIGH, the Misses Harding and Percy
Crow.