The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-19

the county records and bring them UP TO
date. His estimate was 100000 10 $3.5e0-00.
Congey Takes - ftness stand.
The defense called 8Ir. Comfy to the
witness stand. He stated in answer TO
questions asked by Judge Wall that ne
had been county attorney since the 18th
day OF last January. He said he remem-
bered Mr.. Gapp and others coming TO
hirn and presenting a petition. He told
them he would take the matter under
consideration. He said he had got 5000 %
from Hank Heiserman and put in the
Fourth National bank. He said he got
the money all st one time. His recOllec-
tiOn was that it was all in ifty-dollar bills
but he could not tell what kind of money
It was He said be did law business for
Mr.. Heisernan before ne and Mr. AmidOn
were partners and he owed him S20.09
for services. He said ne bought ten acres
of ground OF Mr. Clapp and he borrowed
the $4,000 to pay him. He said he put the
money in the bank and gave Mr.. Clapp 4
check for it. He said he never spoke to
the commissioners about buying these
books, but he was in hopes that Hank
would sell them so that he could get his
money. He remembered of paying Heis-
crman back the s400.C0 because he paid
him with a check from BCtterfield and
Hank came and told him the check was
turned down in the bank. Mr.. Butter
field, he said. had given it On the wrong
bank. lie changed it and Hank got his
money.
stewart Talked " 18th COnley
M. Stewart, of Stewart & Burns. tes-
titled that he went to Mr. Conly's office
when the petition was presented to him,
4 -, \. Z IL 49, L.,
whether he would bring the suit or not
He said he seemed TO think that he being
county attorney, he would have TO de-
fend the commissioners if such suit
were brought
County Commissioner Redfeld was call
ed by the state. He explained the survey
Of this county. but having come into Of
fee after these index books were pur-
chased, he did not know anything about
the trade, only what was q matter of
record. The state rested with his evil
dence
The first witness called for the defense
was w A Caldwell He stated that he
was an abstracter, and was employed
by Mr.. Kerr to help bring UP these books
He gave his opinion as an expert that
1t would cost 1906, 900 to make new BOOKS
lust such IS the Heiserman books at
the time they were purchased. He also
explained that Mr. Kerr would not make
q much money on the work yet 10 be
done on these books. for the reason that
they were coming into the boom period,
when there were more large transactions.
He had seen one transfer in which there
were 1880 lots in one deed. on cross
examination, he said he was working for
Mr.. Keer, and his job depended on the
county carrying ont its contract with Mr.
Kerr He explained that the indexes
could be made as required by law, but
they would be on no use FOL. town lots.
Deacon Wilson Testifies.
County Commissioner Wilson was the
next witness called. He testified, in part,
a. follows:
am county commissioner of this coun-
~ now, and Nave been for nearly six
years. I was a member Of the board on
the first day of January, 1901. We first
began thinking about getting index books
in May 1909. The matter was discussed
al nearly all our meetings. We learned
OF these Heiserman books through Mr.
Kerr. I talked TO Mr. HeiseTnan about
them, and asked him II they were al
right and could be depended upon, and
what was his price on them. be said the
least he would take was $. 200. Nr. How
ard reported 70 the board that Alr. Heiser-
man would not take any less Tor the
books. We discussed the matter, and
came 10 the conclusion that il was
cheaper to buy these books than To have
new ones made, and we authorized Nj
Kerr to buy them We gave MI Kerr
the money 10 buy the books, $500. We
also agreed to give him three and half
cents for each transfer TO bring the books
Nd to date. / thought we ought % get
this done for two and half cents, but
when I learned that other counties were
paving more. I agreed to his terms, ana
thought IL was not too much- clio hel
make any investigation until saw IN
The Farie that Ar. Kerr was going 70
mako $1,000 out OF his contract with rs,
and then L made some inquiry ana found
there was some profit in X, but not So
much IS The Eagle stated. I was never
10 receive ANYTHING from this trade There
was never anything Of the kind mentioned
10 me Mr.. Kerr is the only man tnat
ever talked 70 ne about the trade
In the croSs-eEamiua lion, Ny wilson
stated that the first time 70 heard q
these Heiserruau books was ID III kerr
Office. He did not remember III talking
10 anyone about what the worE on The
hooks vas worth. only 70 Mr.. Goodwine-
he had some experience with the records
in some Of the western coGnlles lie
said II he had known that Mt kerr vs.
going u make as much ulensy aS he De-.
So vo,,15 nor have agreed to st. When
nEr. VelrnElion asked him how much Dc
v--s wiling for Mt Kerr 20 make, be- said
500 a month He Thought 10 ought tc
have that much Tor his first part - me
work YES. one of the warrants vas
esrceled by the county clerk. ana IS
surl another myself. because We owed
lie rno7ev 10 sd when they save che
money Tor the books. - cii uot E1oF
That they were not brorEla, u2 20 the
time stated January 7, lseA 5e said
thev did not make the contract Eitn
Fse.=srraan. because 1T. Kerr VAS 10 by
them
County Couaissioaer Bale1tiae ~as he
next ans last witness Ee s7id he vas
rrrber % the boavd ~ comfy commits
zfoners vhea This co1tr4rr was 1ce
Il di5 rot have ak hl4roat interest -
Il we talked of this matter fre7-erf-F
but 7 can rot remember U,er -fsi
learned n g. J was g fer- rfe0t - go
board II that tine TIE books f
offered 70 lhe c-u--T f1 49, sd N-
b-uEht thc-n- thlnk SIR iIoWaf1 re-e-
% ST. Etlsarrlsn ara rersrsea tH- -
amount we r-i5 VAS t-a l
as lc-Shr fo- Er114 af 80 ore
char aEr Errr o1Gsa me h 80
-ct knox -hst IrsU1n 0F-si tge~
v-ss rev n wcrT a1 - q p E fl
ard As-1srr re make tEr nz
5sa r- En1U ftat rhere IVES 2 f iF
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