The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-12
KANSAS NEWS.
A Unique Question Up For Trial
at Fort Scott.
Whether a Woman Was in a
Wisconsin Asylum.
1000 ACRES INVOLVED.
Prominent Men to Swear She
Signed a Deed.
Asylum Records Show Her an
Inmate at the Time.

Fort Scott, Oct. 12.-The Tribune says:
zone of the most unique stories true 10
life that was ever developed in law
suit will be brought out at trial in the
district court in this city on the 18th OF
this month. The records of a Wisconsin
asylum will be produced to show that
Mrs. Deborah Driscoll was an incura-
bic inmate of that asylum, behind lock
and key at certain period many years
ago during which she is supposed 70
have signed a deed conveying a l,0OU
acre Bourbon county ranch MT. Byefs,
her old banker in Wisconsin, Will swear
that instead Of being in the asylum sne
was apparently sane at home, and that
on the day alleged she walked INTO ms
bank, signed and Acknowledged the
deed. This is the sort or a case tnat
Judge SimonS is up against.
1.-THE decision means from $l6,OOo 10
$4,000 to the parties at law. 1t is an
innocent looking action on the record
The title is Annie Anthony, guardian,
VS.. Whitman, Orr and others: Anna
Anthony is guardian of Mrs. DrlscoH,
who is now in an asylum at 1ndepen-
dence, Ia. She lives in Clinton county.
Iowa. Mr.. Whitman is a real estate
agent at Hepler in charge of the rancn
and the Orrs are the tenants. The per-
sons in whom the title of the property
rests at present are not parties to the
suit because service cannot be had upon
them. They are three heirs of the late
Mr.. Peterson, of Cambridge. ILL.,, who
owned the ranch at the time OF his
death, and their names are unknown.
Deborah Driscoll and her husband
were wealthy residents of Wisconsin
years ago-or he was at least-it was
back in the latter seventies. They
traded for what is known as the old
Criley ranch near Hepler in this coun-
ty, and it was transferred to her, in
dividually. Later it was traded by
him to Lee B. Heylman for some lana
in Iowa and some cash-about $4,000
11,a h q
been signed by Mrs. Driscoll in her
own handwriting, but some OF her rel
atives claim to have made the discov-
cry only recently that she ever owned
the farm and that it is still her prop
erty in fact. They claim that at the
time the deed purporting to nave peen
signed by her and conveying the prop
erty to Mr.. Heylman was executed Sne
was locked behind barred doors in the
asylum at O'Conto, Wis They say she
was on the date on which the deed ap-
pears to have been signed, and Tor
some time afterwards. The asylum
records show that this claim is true,
and there is no record that she was
ever out on a furlough. From the Wis
consin asylum she was taken TO Iowa,
where she was later sent to the asylum
at independence, where she now is
Subsequent to their removal to Iowa,
Mr. Driscoll became involved imam
cially, and for some reason he left the
country going to Guatemala, Central
ago, and it is claimed by the plaintiff
in the case that on his deathbed ne
confessed that his wife had never deed
ed the property and that it still be-
longs to her, though he had taken the
proceeds of the sale and dissipated
them This, the plaintiff claims, IS
the first knowledge she had that Mrs.
Driscoll owned the property, and the
fact that the asylum records show her
to have been an inmate there at the
time seems to tally with the state
ment-
There is another side of the case,
though, and all the subsequent owners
of the valuable tract of land are inter-
ested in getting this side before the
court They have all employed attor-
neys for each man is responsible to
the man to whom he sold it for the
warranty deed he executed to it. Mr..
Byers, the Wisconsin banker at whose
bank Mrs. Driscoll did business, will
swear that she signed and acknowiedE-
ed the deed in his bank at the time, ana
that during much of the time she APP
pears to have been in the O'Conto asy-
lum she was at home transacting bust
ness The defense will seek to show
that after the ranch was traded for
Iowa property. Mrs DriscoH went to
Iowa with her husband, lived on the
land for which the ranch in question
was traded and received her full share
of the benefits of the consideration of
the sale of the ranch"