The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-08-11
MISREPREsENTs QUINTON.
A a Vance Replies to the Insipu
tiOns of the Capital
Topeka. Kan, Aug. II.
To the Editor of the Journal:

Topeka, Kan, Aug. IL.
To the Editor of the Journal:
The article appearing in the Capital
last Sunday, with fiaring headlines,
concerning E S. Quinton, has the ap-
pearance of malice. Why such a dis
play should be made of ordinary Htiga-
ton L cannot understand, unless malice
prompted it,
have been the attorney for Mr.
Quinton in this litigation and was
greatly surprised when I read the ar
ticle referred to, because it gives an
entirely wrong impression as to the
condition of those cases.
In the Merchants bank case there
have been three trials. In the first trial
the bank was defeated; in the second
Mr.. Quinton was defeated; and in the
third both parties were defeated, that
is, the bank only recovered about one
third of the amount it sued for.
From the judgment rendered in this
case both parties appealed to the higher
court, and the cases are now pending in
the supreme court and the court Of APP
peals.
In the case of Holiday against Mr..
Quinton, Mr.. Holiday sued, not only
Mr.. QuintOn, but a number of other
parties for contributions on a real
estate deal made during the boom. He
recovered judgment against Mr.. Quin-
ton, and against all the other parties,
and that case is being taken to the
supreme court, not by Mr.. QuintOn
alone, but by all the other parties, none
of whom have paid the Judgment rem
dered against them; none of whom in
tend to pay said judgment, unless the
supreme court afhrms the judgment
rendered below. That case would have
been already filed in the supreme court,
but the court stenographer has not had
time to complete the case made.
Has not the defendant a right to ap-
peal the case to the supreme court and
have the matters in dispute passed on
by that court without haYing an I'M
just, unfair and untrue insinuation
thrown out that he is trying to avoid
the payment of his debts?
The supreme court may decide, and
we confidently believe it will, that Mr.
QuintOn is not indebted to either of
these parties in any sum whatever.
The defense made in both cases is
honest, legitimate and square, and
made in the most perfect good faith
And if, when this litigation is finally
settled and determined, the courts
should sustain the defense, Mr.. QuintOn
will not owe either of these parties one
cent, and neither of them will have any
judgment against him.
All that is stated above can be veri-
fed by the court records. Why such
display calling special attention tc
garnishee proceedings in these cases,
unless malice prompted it?
Why this extraordinary effort to call
attention to these proceedings which, II
successful, would accomplish nothing
unless they finally win and are able to
hold their judgments in the court ABOVE
unless it is an effort to force an nlegit-
innate advantage by creating a preju-
dice in their favor through the newspa-
per, can not understand.
The article is so unjust and unfair
and in it's purpose so base that [ pre-
pared this communication without con-
sulting Mr.. Qutnton, and without his
knowledge, feeling it was only right, IL
these cases must be ventilated in the
newspapers, that the public should be
informed of the truth as to the condi-
ton of them.
A H VANCE.