The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-01-04


where the money was coming from you
/ went to work and made a contract with
DR.. U B. McCurdy?
A-Yes, sir.
Q.-After you made the contract for
| S215, the remainder of the $500 was
hguratively expended?
A.-Yes, sir.
Q.-When you made the second con-
tract you knew that money was gone?
/ A.-Yes, sir, and 1 also knew that I
mad $1,000 which / had raised by my
! own exertiOns.
Odd the Committee of Fifteen
ever tell you, Mrs. Sutton go ahead
and contract debts and we will pay
! them?
! A.-No, the committee never gave any
! such instructions. But I always con-
] Ifacted debts as the president of the
{ Floral committee.
/ Direct examination by Mr. Mason
An raising the money for the
Floral committee the Committee of Fiji
teen made a donation of $500 from sub
scriptions which they had taken up?
Ayes sir
Q.-And you raised other money by
| your personal exertions?
Ayes, sir.
Q.-You paid DR.. McCurdy the same
per cent IS any of the other creditors?
A--Yes, sir
Q.-And it was paid after consuIta-
Fifteen?
Q.-Yes, sir. The money was turned
over to me by the Committee of Fiji
teen and evenly divided.
Odd Mayor Fellows as chairman
OF Committee of Fifteen tell you to go
ahead that he thought committee would
Ayes, sir
Q--Practically everything you did
was done after consultation with the
of1cers of the Committee of Fifteen?
Ayes, sir.
Q.-By Mr.. E. T. Sim. Ga juryman).
Did you receive assurance from the
majority of the committee that the
committee would see you through?
Q.-By Adrian Sherman. I don't ex-
aetIy understand that. What do you
Al mean that number of the
members told me to go ahead and
make a success of the Floral feature
and they would stand by me.
Q.-That was their personal assur-
ance?
Ayes. sir. and think it was men
toned at the committee meetings.
Mr.. c. S. Sutton was next called to
the stand and stated on direct exani-
nation as follows:
Q--Did you order any of that your
self or for yourself?
Al did not.
Q--Did you ever agree directly or
indirectly to guarantee this bill?
Al did not.
Odd you ever receive any de-
mands for this bill from DR.. McCurdy? /
Al have never received any.
N--Ihe TACT is you were not interest !
ed in the Festival in any direct way?
Al was not, and was opposed to |
Mrs.Sutton having anything to do with |
it.
At the close of Mr.. Suttons testimo- !
ny, Capt. Waters made a short argu- |
nent on behalf of DR.. McCurdy. He |
said:
We have tried to run this thing /
about as decently as a lawsuit can be |
on our side and defendants have done |
the same. There is just this PROPOSE I
uOn IN the case. Is this Mrs. SuttOn's /
bill or is it the bill of the Committee of |
Ftfteen? The law says that if you con- !
tract a debt without authority you are |
liable for it Mrs. Sutton has stated /
that she had no authority from the |
Committee of Fifteen to contract in |
CeDtedness on the part of that commit |
tee In the start the Committee of /
Fifteen said, We Will know our IiabiIi-
ties and set aside $500 for the Floral |
committee. From that time on the
Committee of Fifteen had nothing to I
do with the conduct of Mrs. Sutton /
she went to work and gave US the /
dandiest exhibition that we ever had in |
this country, but she knew at the time |
that she had no backing than her own
more than that $500. We claim that /
the debt was primarily that of Mrs
Sutton and not of the Committee of
ne argument of Mr.. Rankin Mason
as attorney for the defendants was of |
greater length than that made by Capt
Waters. At the start Mr.. Mason stated |
that it was an important case 70 his
clients from the fact that there We're
a number OF deficits on bills, and that