The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-12
FIRST CASE FILED
With Judge Myatt for Rate
Adjustment
IN COURT OF VISITATION
Was a Petition From the Pos
tai Telegraph Company

A rather spirited trial is in progress In
the probate court Office. 1t is a contest
between the sons-in-law on one SIDE anu
mother and son on the other SIDE TO de-
4arnoine whether or not Mrs. Lusette Aus
rim and her SON are insane and incapable
of attending to their own affairs. MIS-
Lusette Austin and her son, Joseph AUS
tin. have lived for many years on lhelI
farms near Andale. The mother Is olu
and infirm. She lives on one elghty-'cle
farm belonging in fact to her seVeIal
dauphters all married, but the use Oh
which is given to her during her life time.
The son Joseph is owner in fee simple OF
another eighty, but lives with his aged
mother. and is said to be very dear 10
her. so much so that she refuses 10 De
reconciled to any other life than to live
with her son. She is very dear to Joseph
and he will not leave her or allow anyone
to interfere with his and his motner
tranquility. A few months ago, so the
rest of the children say, Joseph wrote
his step-brother, Z. r. Johnson, TO come
out from Pennsylvania 10 live with them
and help take care of the old lady. lie
sent money to pay the famllys way Inc
stepbrother and family came and after
they had been there awhile Joseph be-
came dissatisfied because, he says, the
stepbrother tried to run things to suit
himself, and manipulated his and his
mothers property too much in his own
favor. From the beginning of the trouble
it became worse and worse. until the
whole family and a great many of tht
neighbors became mixed up in the family
row. week ago the stepbrother from
Pennsylvania came to the city and filed
an affidavit of insanity against both
mother and son, and applied for guar
dian for the son and an administrator for
Mrs. Austin's property, so Joseph Austin
says, and he further said yesterday that
Mr.. Robinson wants to get control OF the
property in order to rob him and his
mother of what they have.
Judge Haymaker set the trial for yes
terday at 10 o'clock. Joseph Austin APP
peared and his case was dismissed. The
trial of the mother was set for ? a'clock,
and there We're so many witnesses to ex-
anime that the trial will not come to a
close before today. 1t will be very hard
fought case, as the son is making stiff
fight tgainst the combined family against
him. Attorney Holmes is representing
him and AmidOn & Comfy are the attor-
neys for the compliments. Mr.. Robinson,
the Pennsylvania stepbrother of Joseph
Austin, who seems to be the leading COM
plainant in the case, said yesterday that
there was no doubt that his stepbrother
was insane, and the mother, being so old
and infrm, has hardly any mind at all
He said the very fact that his step
brother would send to Pennsylvania for
him to bring his family out here, and then
after they had come, would not allow
them to come on the place, proved that
Joseph was mentally unbalanced. He said
Joseph had desperate spells of insanity
during which it was unsafe for people to
go near him. Joseph, he said, had threat
ened to kill him and made all manner Of
threats against the rest of the children,
who dared attempt to enter the house and
take care of the mother. Farnk Moore,
brother-in-law, said Joseph had tried to
shoot two of his children. Once, he said,
his wife wanted battle the old lady and
put a night-gOwn on her, when Joseph
became very angry and said his mother
never had bathed in her life and never
wore a night-gown, and he didn't propose
to introduce such a fashion at this late
day. no Monday Mr.. Robinson said he
had been out with his mothers team and
when he returned Joseph ragged and
threatened him and afterward went to
Mount Hope and had him arrested for TAX
ing forcible possession of his mothers
property.
There are many witnesses in the case
and it may take all day today to get
through with the trial. If the insanity