El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-03-01

promise suit ever tried in the circuit
court at Kansas City WAS suddenly
ended in Judge Slover's court yester-
day, says the Kansas City Journal,
when DR.. Howard S. Lowry confessed
Judgment in the S25. 900 suit brought
a0aipst him by Miss Martha Smith.
It was an unexpected turn in the case.
Miss Smith and her lawyers knew
nothing of the intention of the defend
ant and his lawyers until a few minutes
before court opened.
Attorney J. V. @. Karnes made the
proposition of q compromise to Attor-
ney Beebe.
you everything DR.. Lowry and has end
and settle the thing on q business
basis. You can get nothing more in a
verdict"
This proposition was not accepted by
Mr.. Beebe, as his client had Instructed
him that she would not consent to
compromise on any terms, her object
being as much to secure vindication
by verdict as damages for her wrongs.
DIR. Lowry announced as his reason
for termin atiDg the suit in that way
that he was unwilling to have Miss
Sayde Anderson and her family drag
ged into any further nOtOriety, but 1t
is known that Miss Smiths lawyers
were in possession of evidence that he
feared to have introduced, and be was
afraid that if the trial continued it
might be brought out on cross exam
ination.
Nothing now remains but to seize
upon DIR. Lowry's property and satisfy
the judgment.
The unexpected denouement
had surprising and SEN
sational effect on the
courtroom spectators, and the news
spread rapidly over the building and
out into the streets,
When court opened at 10 O'Clock Miss
Smith and her lawyers, John w.
Beebe, W. B. Tessdale and r. j. In
graham, were in their accustomed
places on the right of the counsel table,
DR.. Lowry's lawyers, j. V. G. Karnes
and George r. Thompson, were in
their places on the left, but DR.. Lowry
was missing.
The great crowd that had damned
into the courtroom was busy comment
ing on the absence of DR.. Lowry and
wondering if he wouldn't come in at
any moment, when Mr.. Karnes arose
and said:
'If your honor please, after full con-
sultation with our client, we have come
to the conclusion that further proseou-
ton of this case would involve innocent
l.
to say to the court that he would rather
suffer thar to force others to suffer.
Therefore I am here, on his behalf, to
confess judgment for the full amount
prayed for"
CREATED SENSATION.
Instantly there was loud buzz of as
tonished comment in the courtroom,
and jurors and spectators looked sur
prised.
The heavy veil that Miss Smith wore
did not hide the smile OF pleasure that
came to her face at the announcement.
She leaned over to her attorney, John
w. Beebe, and asked:
"Do you believe this is genuine?"
ooh, yes;" said Mr.. Beebe. "Any-
thing that Mr.. Karnes says goes"
81 believe that too" said Miss
Smith, as she continued exciteGly.
"but if the matter is left to DR.. Lowry,
you may depend upon it he will get out
of it some way. sooner or later"
SIT is not left to him." Mr.. Beebe
answered. "Mr. Karnes has entire
charge of that and DR.. Lowry will be
bound by what he says"
HOW MISS SMITH TOOK IT.
Every well," said Miss Smith, and
for the first time since the trial began
last week, she leaned back in her chair
and looked comfortable and contented.
She had won everything she had hop
ed to win in her struggle with the man
she had m ably loved for eight years.
The tables were now turned. For all
those years she had been at his mercy,
to use her own expression, and he had
stopped his ears to her entreaties for
Justice. Now he was totally at her
mercy. In this judgment Miss Smith
holds the power to take from DR..
Lowry every bit of property he posses
SEES, even to the fixtures and furniture
in the office where she worked for him
for seven years at So and $40 a week.
Miss Smith has great wi!l-power and
accepted her triumph calmly.
After a short delay Mr.. Beebe arose |