The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-13

was called to the stand to give the first
oral testimony for the defense
Mr.. Anderson said he had lived In
Columbus 20 years and that ne boarded
at the Park. He knew both Mr. and
Mrs. Sells and boarded there while the
Sells did. He was there before the
family fairly well He knew Harry
Lyons and knew him at the time he
boarded at the Park hotel. To all ap-
pearanees Mr.. and Mrs. Sells and Harry
Lyons were friends. Mr.. Sells ordinarily
addressed Lyons as Harry" Witness
thought he was safe in saying he had
heard Mr.. Sells invite Lyons to come up
and play cards
asked Mr.. Huling and the plaintiffs at
tOrneys objected. Witness said he could
not say how frequently Lyons was invi-
ted to play cards Mrs. Sells conduct at
the hotel would indicate that she was E
lady and witness never saw anything out
of the way.
He was cross-examined by Mr.. Safer.
Mr.. Anderson said he had known Mr..
Sells Is or 20 years, and at the Park
saw Mr.. Sells very often. His conduct
at the hotel was such as would become
any gentleman Witness knew nothing
against him: never knew Mr.. Sells to
be under the influence of liquor or to
associate with bad characters. Mr.. Sells
conduct was good as far as he knew.
On two occasions he had played penny
ante al the Sells house on ButtleS ave-
nue.. They were social games, and sums
won and lost were small After the
games there would be light refreshments
and beer He never saw any one under
the influence of liquor. Harry Lyons
played and Mrs. Sells conduct was that
of a perfect lady.
Mr.. John White was the next witness.
He said he lived at 359 West First ave-
nue..
Mr.. Huling questioned Mr. White who
said he boarded at the Park hotel for
eleven years and knew Mr.. and Mrs
Sells and left the Park a short time be-
fore the Sells went to housekeeping. He
knew Harry. Lyons and had been in the
Sells rooms at the Park, and had seen
Lyons there. Witness had played in
games in the Sells rooms and the rela-
lions between Mr.. Sells and Mr.. Lyons
were friendly. Mr. Huling made Mrs
Sells laugh by asking witness about
Peter Lyons" while asking about the
intimacy between PLAINTIFF and Lyons
at that time. The relations between the
Sells and the other boarders were cor
dial.
Witness had played poker many times
there and Lyons was generally there
Witness said he (White) was lust as ant
to go up to the rooms while Mr.. Sells
was not there as he was when Mr.. Sells
was there
Witness did not think this anything
unusual. Mrs. Sells conduct with Mr.
Lyons himself and other boarders was
the same and her conduct was good
Mr.. RitSon and wife, Mr.. Underhill and
others used to visit the Sells rooms
Witness had smoked in the rooms and
nothing was said. Mr.. Sells smoked at
that time. Mrs. Sells used to drink tea
after the game. Mrs. Sells used to make
clothes for herself and daughter Wit
ness said he felt at perfect liberty to
go up to the rooms. After the Sells moved
he had gone to the residence one even
ing with his wife and had played bill
lizards. Mr.. Lyons came later and took
his place. The relations between Mr..
Sells and Mr.. Lyons at that time were
cordial. Mrs Sells conduct was that
Of an excellent lady. Mr.. White had
heard Mrs. Sells say: Come up to the
room, Harry" frequently. Mrs Sells
conduct was always of the very best,
both by word and look.
Mr.. Safer oss-examined the wit
ness. Ali the people about the hotel
called Lyons Harry and witness was
called John"
No one was ever intoxicated at the
games, which were social. John said
he was the poorest player in the lot and
didn't lose much. Had never heard of
anything wrong until this case came
up. Witness never knew Mr.. Sells to be
drunk or to frequent bad places. Mr..
Sells reputation. as he knew it, was
good.