The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-19
DAY OF SENSATION
Pointed Questions Asked by
Judge D. NJ. Dale
IN INDEX BOOK CASE
How the Money Received for
Them Was Disposal Of.
GREAT INTEREST is TAKEN
HeiSerman, Kerr and Others
Tell Their Story.
GREAT INTEREST is TAKEN

The hearing OF the Injunction case
against the county commissioners yes
1erday before Judge Dale had a rather
sensational ending. Tie case had been
before the court all day, and large
amount Of evidence was taken when the
defense rested at fifteen minutes past
c-ock. Judge Dale told Judge Wall
tnat he would hear his argument drs-
This caused interest among rhe a-tor-
news on The outside, who said that b. the
court giving the defense the opening and
closing argument II showed that he HAD
MADE UD his mind 10 sustain the ia5-lc-
ron I'd was going n give the attorneys
lor The defense q chance no change hls
mind. Ir Comfy, who represented the
county commissioners, took TINS view ~
the case
JudE5 WaE spoke for IN hour in which
lie took the ground tuat nothing iu the
evidence showed that the county com
nlissi11ers had committed any fraud. I5e
real from the state laws 10 show that
The county cl-lnli sslcuers had q Ti-I- 10
transact all business Tor the county and
that they had right 10 buy those index
books and "a employ somebody 10 do the
work necessary to bring them up IT,
dare. lie said il would Re claimed that
these Heiserman books did not comply
Win tle law because the records affect
inE each section Of land had not PAGE
assigned for Il. This. he said the evidence
showed. could not be done in the cases
where town lots were laid out. but that
such records would be valueless- He in
sisted that II the law empowered The
county cOmmlssi 3ners 10 DO a certain
thing the manner az doing Z was their
business, ard D0r his or the court S Jusi-
ness a cf1rrraT chat rna frrrr~r~ COM
rlissloners had nor paid more for the
BOOKS than they we're worth. and even
II we were 10 admit that Hank He.ser-
man and A. II. Denny had fooled the
commissioners into paying more than
they were worth that would not show
fraud on the part Of the county commits
sIolers and unless there was fraud the
court had 'no right 70 interfere by in
junction with the carrying out Of this
contract lie read from the supreme court
decisions Of Illinois Iowa and Kansas 10
sustain This point He insisted that be-
fore the court could interfere there must
De fraud shown. and there was no evil
dence 10 show that County Commission
ers Howard. Wilson or Balentina had re-
ce-ved any profit from this trade. He
claimed that the court could not inter
fere because the commissioners had paid
TOO much for the books. and 70 sustain
this point he read from the supreme court
&
case Of letting a contract for county
printing in which The court stated that
the commissioners had a right 10 let the
county printing ar legal rates, even If
somebody did offer 10 do it for less
money In this case he said the legal
rate for such transfers as We're made in
these hooks by Mr.. Kerr was 10 cents
Tor each tract He imagined that the
county commissioners did a good thing
Uhen they contracted with Mr. Kerr 10
have IL done for 81 cents for each tract.
Dale Asks a Poser.
II was at this point IN the proceedings
that Judge Dale caused q second sensa-
ton by asking Judge Wall 20 stop He
then told him that the court dia not
care whether the county commissioners
had paid too much or TOO little Cor the
index books. But. nc continued. there
has been q statute read in this case
which says the register of deeds shall
rot contract with the county cOmuis-
sioners % furnish books for his Office
or any other supplies. ] viii hear your
argument on that proposition next Fri
day. and viii adjourn this court until that
lime.
II would Ike TO remark right now
saiG JrdCC Wall that Mt Kerr did not
sell the books 10 she county, but acted
as Tho agent of the county in the pur-
chase Of The books from Heiserman.'
have heard the evidenca in this case.
emo &; shows that be bought the books
q Heisernan and then sold them 70 the
county" replied Judge Dale.
HeESerman on stand
r. r. V=rmiion conducted the case for
the state Judge Wall WAS there 10 rep
resent Register OF Deeds Kerr. and
CoLury Attorney Comfy represented tho
county ccrarliss5 olers- FeruIion and
Wei put The Questions tc the witnesses
f0r the respective sides. Nermilon called
Hams HclserUau for the state. and Ee
proved 60 be she ~ nEt sensational witness
of The cay. Following is his evidence in
Substance on direct exam nation,
MY name is 7. r.. Htis- rman. 7 sold
these hooks 10 ar. Kerr. and made aim
ll of sale Tor them had s1r.e taiS
paid re the money in sold certificates I
receiving 81. because ] wanted 20 use it,
] have none 81 the money now. 7 Eot
Sc27c Tor ths books. Don't know rs can
tel where .t aN went uaii Nr Comfy
500 owed him that amount Tor STA
attorneys Zee. I heG owed II Ger several
years 7 paid -wo hills. one OF $40 and
cne for $50 Then I paid Sl.ao on my
home 7 paid Jim Tapp So ard Snyder.
Tcr clothes. So. I aisC pal2 A. r.
Denny $500 IL was for commission.
Vaic him that much 20 hcip me Sell the
books and Chcl / spent about SEQ inn
TrCvla- my property / also srelt Some
money Ter furniture. I csunoI tell Row