The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-07
LEGALITY OF A SALE
Point of Interest in a Suit to
Regain Property.
A. GRAY is PLAINTIFF
Case Revives the Hypnotic
Murder Case in Summer.


A case OF unusual interest to lawyers
in this part Of the country, and one
which involves a good legal point, will be
called up for hearing before Judge Dale
in district court tomorrow. Besides in
volving knotty questions Of law it re-
wives the celebrated Patten murder case
Of Summer county in 1894, for which
crime Anderson Gray was sent to the
penitentiary for life, but who was at
forwards pardoned by Governor Morrill,
before retiring from office in 1897.
In the case to be tried tomorrow Mr..
Gray Is the plaintiff. He sues the Equity
Insurance company of New York TO re-
gain possession of three sections Of the
finest land in Sumner county, near Belle
Plaine upon which the defendant COM
pany held a mortgage and which was
foreclosed and sold while Gray was serv-
ing time in states prison.
The lawsuit was brought to Sedgwick
county on a change Of venue. and as the
questions to be raised are uncommon
the outgrowth Of the case is being watch
ed with considerable interest.
Anderson Gray, as readers OF the Eagle
will remember, was once a wealthy far
mer living in Summer county. He owned
three sections of land near Belle PLANE,
valued at $4,000 During the boom he
mortgaged the land for about one-third
its value to the Equity Insurance COM
pany. On May 5. 1894, tenant Of Gray's,
named Thomas Patten, was killed by one
Thomas Mcdonald. The evidence pro-
duced at the trial was to the effect that
Gray had been on friendly terms with
Patterns wife, which aroused Patterns
jealousy and ire, and that Gray had per-
suaded or employed Mcdonald TO 10 the
killing. Mcdonald set up the claim that
Gray hypnotized him into committing the
act and was acquitted. While Gray was
only an accomplish In the transaction, he
was convicted. An appeal was taken. but
Governor Stanley, who was his attor-
ney in the lower court trial, had failed
to object to the introduction Of certain
incompetent testimony and the decision
OF the district court was affirmed. Under
Kansas laws testimony not Incompetent
or irrelevant must be stricken out by
motion or otherwise it is admissible, and
II is claimed that had it not been for
this error the decision would have been
reversed. Gray was sentenced to life i'm
prisonment, and owing to the hypnotic
testimony and the acquittal of Mcdonald
and the conviction of Gray the case was
noted for its uniqueness.
Mr.. Gray was not without influence and
his friends combined efforts, and In 1897
he was pardoned by Governor Morrill,,
it being his last official act While IN
prison the mortgage was foreclosed and
the property sold, it having been old in
by the insurance company.
After Mr.. Gray's release he set a5out
to recover the property and suit was
filed against the insurance company AS
a ground for action the plaintiff AYERS
in the petition that he land was scld
without Mr.. Gray ever having a day IN
court and contrary to the law which pro
vides for the appointment Of an admins
traitor of real estate belonging to life
In this instance the petition
states that no administrator was ever
appointed and that the sale was prose
cuted without authority of law.
identified with the case is the fact that
If Mr.. Gray IS successful in obtaining
judgment the statute Of limitation will
have expired on the mortgage and VII
necessarily be void and ineffective 50 far
as collection is concerned. It Is stated
that this is the first case Of the kind
ever brought in Kansas and at the hear
ing the murder trial will no doubt 5e re-
hearsed.
Mr.. Gray was in the city yesterday in
with his attorneys, Amidon
& Comfy. and he says he has hopes Of re-
gaining possession Of his property.