The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-01-03
THIS COURT
NOT A QUEENS.
Opening of the Suit Against
TOpeka'S Festival Queen.
By a Livery Stable Keeper
Whose Bill
Was Only Partially Settled
Among Others.
SOCIETYREPRESENTED
Both on the Jury and Members
of the Bar.
Rankin Mason Conducts Mrs.
SuttOn's Case.

The case of Dr.U.B. McCurdy against
Mr.. and Mrs. c. S. Sutton for the col
lection of the balance on his bill for
furnishing carriages and attendants for
the Festival Queen and court during
Festival week, was commenced before
Justice McClintock shortly before noon
today. The testimony of DR.. McCurdy
was taken and the further hearing set
for ? o'clock this afternoon.
The case is being tried before a jury
composed of Messrs. E. T. Sim, Samuel
7. Howe, E. w. Benedict, George Burg
hart and Henry March. Mr.. D. J.
Greenwald, treasurer of the Committee
CT Fifteen, was one of the first jury
men called, but he stated that he had
already formed an opinion of the case
and was excused
Rankin Mason is conducting the case
on benalf of Mr.. and Mrs. Sutton, and
Capt Joe Waters and Adrian Sherman
on the part of DR.. McCurdy.
At the opening OF the case Mr.. Ran
kin Mason i'll explaining the position of
the defendants in the matter said:
The committee that had charge of
everything pertaining to the Festival
was the Committee of Fifteen. 1t was
an Incorporated organization and took
charge OF all matters pertaining to Fes-
t1Val But there We're sub committees,
and Of the one of the committees which
required the greatest amount of work
was the Floral committee. Mrs. Sutton
went ahead to make this feature a sue
cess and worked necessarily for two or
three months, and l want to say right
here that it was a grand success, and if
there was any fault on Mrs. SuttOn's
part it was because she tried to go too
far and do too much.
''AS chairman of the Floral commit
tee Mrs. Sutton made contract with
DR.. u. b. McCurdy to furnish carriages
fer the Floral parade at an expense of
Szto. A1terWafd MRS sutton made
second contract for additional car
riages at about $175, but on account of
room space and other things the bill
amounted to. something over that
amount. We are not diSputing DR.. Nc
Curdys bill, but disputing the fact that
Mr.. and Mrs. Sutton are personally Ii
able. Mrs. Sutton was simply acting
as an emplOye of this corporate Organi-
zatiOn and there was nothing executed
that could hold Mrs. Sutton personally
liable"
After explaining that he had con-
tracted with Mrs. Sutton to furnish five
carriages and attendants for $275, and
afterward that he had agreed to fur
nish additional carriages at a specified
amount, DR.. Z. B. McCurdy made the
following statement on direct eXamin-
alton by Capt. Waters:
Q.-Was any of these things furnish
ed the Committee of Fifteen?
A.-NO, sir.
Q.-Were you ever given to under
stand that the Committee of Fifteen
was liable for these expenses?
A.-NO, sir; talked with two of the
members and they told me that I
mustn't look to the Committee of Fiji
teen for payment, as the Committee
had set aside a certain amount for the
Floral feature.
Q.-Were you ever given to under
stand by Mr.. and Mrs. Sutton that
Mrs. Sutton was acting as agent of the
Committee of Fifteen?
A-No. sir; knew no committee in
the arrangement.
Q.-You say that all these items were
reasonable and that the expenses were
paid outright by you?
Ayes, sir.
O.-YOu made donations to the Com
mittee of Fifteen?
A.-Yes. sir; I thought made sufi-
cient donations to the Committee of
Fifteen.
ton with Mrs. Sutton about paying the
expenses personally?
A-When Mrs. Sutton first talked to
me about the second lot OF carriages
she said that she expected to be out
considerable anyway, and would prob
ably have to pay it herself and wanted
me to make the bill as low as possible.
Odd you ever have any converse
! ton with Mr.. Sutton about paying for
any of these expenses?
Al talked with him one evening on
! the porch and he told me he wanted
! things done right
Cross examination by Mr. Mason.
| Q.-Who were the members of the
| Committee of Fifteen who told you
/ yo uneedn't look to the Committee OF
| Fifteen for payment of the bill?
| A-Major T. J. Anderson and D. J.
| Greenwaid.
! Odd you ever speak to Mr.. and
! Mrs Sutton about this matter?
| A-No, sir.
! Odd you ask for an assurance aft
] er this for the payment of the bill from
/ Mr.. or Mrs. Sutton?
| A-No, sir. I didn't think it was
necessary. Mr.. and Mrs. Sutton's cred
| it was good with me and I expected
| them to stand good.
| Neither Mr.. and Mrs. Sutton were
| present during the morning session OF
| the court. The trial was resumed at q
! late hour this afternoon.
nsv-rrvrr7rD mo