Omaha daily bee., 1899-09-28
DoINGs IN THE Federal COURT
suit ms n sequel to n Breach of Prom-
Use Gaze.

-
Suit ms n Sequel to n Breach of Prom
Use Case.
The trial of the suit OF j. A.. Flory, an
attorney Of Newark, o., against r. c.. Henry
and X. H. Spence, comprising the law firm
OF Henry & Spence Of Mt. Ayr. Ia. was
commenced in the federal court yesterday
afternoon. The suit is a sequel of the fam
Gus Geiger-Payne breach OF promise case
which created such a sensation In Mt. AYR
a few years ago.
The plaintiff in the present suit claims
that he was retained by Miss Rhoda Geiger
OF Newark to bring action against r. c..
Payne, one OF the wealthiest farmers of
Ringgold county, living at Mount Ayr, for
breach of promise to marry and seduction.
AS the action was to be brought in the Iowa
town Flory says he employed Henry &
Spence to assist him in prosecuting the case,
the agreement being that the plaintiff was
to secure all the dispositions and attend to
the work at his end of the line. A further
agreement was made. 1t is alleged by Flory,
that In the event Of Miss Geiger winning
the suit, she was to receive one-half of
the damages, Henry & Spence two thirds
and Flory one-third of the other half. Miss
Geiger won her case after a most sensational
trial and secured a judgment against Payne
for SIG, 900 and costs, amounting in all to
9li,vSi'ou, Whltu diuOunt IdyHe paul. flOTy
now sues for his share, amounting to
50, 999.5S.
Payne Is one of the witnesses and, as ne
expressed it yesterday, is here to watch
the lawyers fight over his money"
The breach of promise suit against Payne
in 1895 attracted widespread attention at
the time. Payne is a unique character at
Mt. Ayr and has grown exceedingly
wealthy from the products of his broad
acres and from 1oaning his surplus cash
to his more needy fellow farmers. He is
commonly known as Dad Payne and is
probably the best known man in Ringgold
county. He is in the neighborhood of 60
years of age, whereas Miss Rhoda Geiger
was scarcely out of her teens at the time
Of her suit and was a beautiful young
woman. During a visit to Mt. Ayr she
met and became acquainted with Payne, and
he in turn fell in love with her and pro-
posed marriage. Later, when Miss Geiger
returned to Ohio to prepare for the we'd
ding, his love began to turn cold. He
finally changed his mind and broke off the
match and married another woman. Miss
Geiger, who has since married, then brought
suit and secured a verdict OF SIG, 900 in her
favor.
With the exception Of passing sentence
on Wheeler and Hough and sundry convicted
DOOLleSPeTS the CTlullndl CdieHudI u lulo
term is disposed of.
Henry Marker, convicted Of bootlegging
for the third time, was sentenced to fifteen
months in the penitentiary at FIT. Madison.
George H.. Martin Of Hamburg, convicted
likewise for the third time of a similar
~offense, was given fifteen months in the PEN
itentiary at Anamosa.
Robert Taft, another bootlegger, was
given a $3.50 fine and six months in the
county Jail at Avoca. Frank Smith. also
a bootlegger, was let off with a suspended
sentence of 5000 fine and three months in
the Avoca Jail.
Judge Woolson announced he would pass
sentence on Thomas Wheeler and Celly
l Hough on Saturday. The court made the
I following assignment of civil cases:
Friday, Sept. 90, 2 p. m.-Grantz e. Glow,
| bankruptcy matter, on certificate of re-
view from Referee Mayne.
! Monday, Oct. 2, 2 p. ~m.-Cudahy, IL Co.
VS.. Randlett. petition in involuntary
tuesday, Oct. 8, 9 a. m.-No. 449, Beck,
administrator VS.. O. g. st. l.. r. r. Co.