The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-05
SELLS CASE IS ON
Peter Sells Continues His Story
on Witness Stand.
W. w. Phillips, of Topeka, Sent
Property Description.
HE'S THE SELLS AGENT
Transfer of Holdings From Mrs.
Sells Occurred Afterward.
The Plaintiff Tells of His Per-
s0naI Habits.

The Sells divorce case has been re-
sumed. Another Topeka man has been
| drawn into the case in a business ca
pacity. He is w. w. Phillips, the Sells
agent in Topeka. He sent Mr.. Sells a
description of the Topeka property in
| Mrs. Sells name preceding the transfer
| of the property.
A dramatic scene occurred during the
! cross examination of Peter Sells. This
was while the witness was identifying
the different diamonds and presents
which he had bestowed upon Mrs. Sells.
As he proceeded to look at the different
articles Mrs. Sells was coaching her
counsel in a rather loud tone of voice.
Stopping suddenly and looking squarely
at his wife Mr.. Sells said: These are
not all the rings you have2"
When you get off the stand you may
have an opportunity to ask questions,
but not now" interrupted Mr. Huling.
We'll, she was talking to me-" re-
torted Mr.. Sells.
Mrs. Sells, who had been closely
watching her husband, nervously bit
her lips and instantly directed her gaze
to the opposite side of the room.
This is the first time Mr.. Sells has
spoken directly to his wife since the
separation, and the incident created a
stir in the court room.
A watch belonging to Miss Florence
Sells was among the collection of arti-
that some valuable presents were miss
ing. Among these was a large diamond
ring that came to Miss Florence from
the Ellen McCune estate This Mr. Sells
said had been traded by Mrs. Sells for
other articles.
Mr.. Sells took the stand at 10 o'clock.
The worry and agony Of the trial seems
to be telling on him. Mr.. Booth took up
the redirect examination. ReSuming,
Mr.. Sells said that the preliminary work
for the circus in the spring of 1873 was
Of AI,, ATrTr c-fs.H Il
Hatfield had the contract for painting
This was Mr. Al G.. Fields (Hatfield)
father. Here Mrs. Sells was taken by
her husband. Mrs. Ann Sells, witness
sister-in-law, rode in the grand parade
and entree and rode a side saddle and
with skirts In reference to the profit
of $160 600 made by the show in 1899 Mr.
Sells said that the expenses for winter
ing the show and the wear and tear of
cars and paraphernalia were not taken
out of this sum. Mr.. Lew Sells and
himself were very hard up and had not
made much improvement on the cars,
etc The two items would probably
amount to $4,000, wintering and repair
ing.
The general conditions of the coun-
try, prosperous and otherwise, would
be felt sooner by show than by any
other business. Local conditions would
affect the income OF a show as would the
time of the season and the weather. Wet
weather was a killer Competition with
other shows invariably increased the
expenses ana often materially IGQuC6Q
the receipts. Here advertising in news
papers, bill boards and pictorial work
would be increased during competition.
Mr. Sells sold out in the spring of 1900
so his evidence along the line of what
the show did that year was objected to.
Mr. Booth had asked him whether the
general conditions were as favorable in
1900 as in 1899. Col. Holmes objection
was that facts and not comparisons
should govern the character of the evil
dence. Mr.. Booth remarked that there
seemingly had been a dispute as to
whether the sale by Mr.. Peter Sells was
bona fide. Witness said that the general
conditions in 1899 We're good.
How were they in 1902. asked Mr.
Booth mot so good'' In 1898 they We're
not as good as in 1899. The circus bust
ness had not been good for ten years
prior to 1899.
Mr.. Sells. alluding to the two times he
had testified as to having been intoxica-
ted since his marriage, said that once
was when the viaduct was building. Mr..
Sells said that this time was after the
Viaduct decision had been made. He was
in William Tay1or's place on East Broad
street, with Mr. Kaufman. Mr.. Sells
said he was not so drunk that he could
go to supper and also play billiards. The
other time was in November, 1891. This
was on the night before the show got
there. Mr.. Sells had been down to the
dock and afterwards took three drinks
of Scotch whisky-the first he had ever
tackled. The next day he was working
all right and the show got in.
Regarding female performers with a
circus Mr.. Sells said they were gener-
ally married or with their families Mr.
Sells was shown the letter he wrote to
Mr.. J. Z. Safer on November Is and
identified the epistle. This letter was
passed over to Messrs. Holmes and HUI
ling who scrutinized it carefully. This
was marked plaintiffs exhibit No. IL.
The letter was dated Beaumont, Tex.
November 15, and says that Mr.. Lewis
Sells would call on Mr.. Safer November
% or "a and consult with him on an i'm
pOrtant matter Also that the Topeka
representative had shipped some import
ant papers
Mr.. Sells said he always bought his
own underwear and that after her faith
er's death Mrs. Sells wore black clothes
and a black hat turned up behind and
pulled well down over her face. She
wore silk petticoats and her dresses were
generally lined with silk. From 1897 to
1899 she dressed well and in that fash
ion. Her dresses were generally OF
cloth.
During the last five years of their
married life they occupied separate
home, he testified his wife would be
tired and would request to occupy her
own apartments.
Mr.. Huling then took the witness and
asked Mr.. Sells where he got the letter
introduced in evidence. Witness said
last week he had NOT seen the letter since
he wrote it.
He had been told by Mr.. Safer to
carry the letter to Mr., Booth The let
ter was on Mr.. Sater's desk with a lot
of other papers and there was no envel-
vember "a but could not tell when Mr.
Lewis Sells had arrived. The show got
home the day before and Mr. Lewis Sells |
generally Travelled with the show. Busi-