The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-19
GUYER IN POSSESSION
Jury Failed TO Agree After Be-
ing Out Four Hours.
70 BE TRIED AGAIN
Henry StunkIe Determined TO
Have the Occidental.
TRIED AGAIN

The case Of Henry StunkeI vs.. C. F.
Guyer. which was brought in Justice
Enoch's cour; some time ago transferred
on change OF venue 20 Judge Glenns
court and by agreement to Justice Walk
er. was reached for trial before the latter
Monday afternoon at O'Clock. The at
iernoon was taken in procuring a jury
and the introduction Of evidence was be
gun yesterday morning.
Mr.. Stunkel, the plaintiff, was the first
witness called. He testified that he own
ed the hotel building and furniture and
hired Mr.. Guye- al one dollar a day some
time in November 20 run the hotel; that
AIR. Guyer remained IN his employ until
about the first Of January, 1895 when he
leased the hotel az $50 per month, from
month to month; that he had employed
Two parties to run the hotel prior 20 the
time OF employing Mr.. Guyer, and that
they had always brought him out in debt
ct the end OF the month. although he had
procured parties to manage the hotel at
from $3.50 to 5000 per month; that at
the time the defendant entered his en-
ploy he had running expenses incurred
by defendants successor in about the
sum of $500. He admitted on cross ex-
animation that the hotel had not paid ex-
penses at any time during the past ten
or twelve years He also stated that he
was well satisfied with Mr.. Guyer, but
that he made up his mind in September,
1897. that he would never rent the hotel
- r.
Mr.. Helm, attorney for plaintiff. was
the next witness His testimony show
ed that he was attorney for plaintiff, and
as such attorney he prepared and served
thirty day notice on August q, and a
three day notice on October Ist on Mr..
Guyer; that Mr. Guyer told him that he
supposed he would have to get out when
a proper notice was served. Mr.. Helm
also stated that Mr.. Gu-5r promised 10
surrender the premises oOn Aug Ist to
plaintiff, but afterwards refused TO keep
his word and stood on his statutory
rights; that uGyer said he would not and
could not pay 500 a month rent; that the
hotel was not worth il. After Mr.
Helms testimony was in the plaintiff in
troduced the notices in evidence and rest
ed his case.
The first witness on the part of the de-
tense was Anderson Griggs. On February
18th Mr.. Stunkel came where he was
working for the purpose of seeing if the
range could not be repaired 50 that he
would not have to buy a new one. He
and plaintiff had considerable CONVERSE
rion. which he detailed. a part of which
was statement that Guyer had the hotel
until the first of the year and could have
it longer if he wanted it.
Miss Sharp testified that she was cham
bernaid at the Occidental; that in July
Guyer and Stunkel called her and told
her to take an invoice of what was need
ed to put the hotel in good repair which
she did and reported the list to Stnkel.
The defendant stated the same as Mr..
Sturkel relative TO his employment in
November. 1897; that very soon after
ward negotiations were begun for a lease,
which resulted IN a verbal lease on De-
cember 31st for the year 1898. The terms
as stated by Mr.. Guyer. were that he was
to pay $50 per month until such time as
they agreed that the business would jus
tify the payment of 800 per month; that
at each rent day Mr.. Stunkel insisted
that he should have the advance: that in
500 per month that he had a man who
would; that he had called DEFENDANTS at
tention to the terms Of his contract and
asked him to examine the register Mr..
Stunkel said he knew nothing about the
books, but insisted that he should have
800; that he refused. and Stunkel told
him to talk the matter over and let him
know within the next three days. Mr..
Guyer stated that he talked with his wife
and the same evening wrote agreeing to
pay 800 fplaintin would put the rooms
in good repair by August LIST. accepting
the terms suggested by Mr.. Stunke and
as contemplated by their oroginal lease.
Mr.. Stunkel came up the SECOND day af-
forwards and instructed him and the
chamhermaid 10 make a list Of repairs
needed to place the hotel in frst-class
shape This was done. and Mr.. Stunkel
agreed that the list Wa satisfactory and
that the repairs would be made. None
Of the repairs were ever made and on
September lst Mr.. Booton demanded pos
session of the hotel under a lease from
September LIST or rs soon thereafter as
plaintiff could obtain possession: that he
refused 10 surrender and informed Mr..
Booton that he had a lease until January
list and proposed 70 remain unless he was
compelled 10 so
Mr.. r. Silver testified that he was pres
ent at a converse ton in which Mr..
Stunkel tolod defendant % talk with his
wife and write him within three days
whether or not ne would pay The 500.
Mr.. J. G. Williams.a real estate mar
testified that he was in the hotel office
and had a conversation with Mr.. Guyer
in which Mr.. Guyer stated that he would
have TO quit the hotel.
Both plaintiff and defendant introduce