The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-10-22
He WON HIS CASE
The Jury Said Dorsey's Deed
Was a Mortgage.
Mr.. GRAY GETS $3.50
Jurors Also Give Him His 800
Acre Farm.

The big battle II the district court has
been fought and Amidon & Comfy and
S. w. Shattack. Jr.. have won the vic
tory for Anderson Cray. The jury in the
case gave Gray possession of his 600-acre
form in Sumner county and damages
in the SUN Of $3.50. They held that the
deed from Anderson Gray to A. Dorsey
was given to secure Dorsey while his
name remained on Gray's bond and hence
a mortgage.
This has been one Of the hardest legal
fights that has been witnessed in the as
tIlct court OF this county Tor a long time.
Judge Dey and John Haughey Of Yelling
ton made a gallant fight for their client.
the Equitable Securities company, of New
York City, but the evidence was against
them. Anderson Gray went on the wit
ness and told the story of the killing of
Patten by Mcdonald and OF his own ar
rest on the charge of having Influenced
Mcdonald 10 commit the murder and his
mai conviction and his sentence TO be
hanged. He then told Of his imprison-
ment in the county jail at WELLINGTON
ana or ms getting A Dorsey to sign his
pond Tor his appearance at the next term
OF the district court Of Sumner county.
Gray said he gave Dorsey a deed on
this eO0-aCre farm, with d MORTGAGE on If
to secure him against any possible loss.
His two daughters who also owend farms
gave Dorsey a deed 20 their farms. He
decided the land back to his daughters,
but claimed that he had never promised
to deed back this Gray farm.
The mortgage Of $4,000 was held by the
Equitable Mortgage company Of Kansas
City 1t foreclosed its mortgage. making
Dorsey and Gray's heirs defendants. The
land was sold under the foreclosures and
was bid in by the Equitable Securities
company Of New York City. Gray's suit
was for the possession Of the land and
damages for the rents and injury TO the
buildings.
The whole Of the forenoon Yesterday
was taken UP by the arguments OF the
counsel 10 the jury. Mr.. Shattuck opened
Tor the plaintiff. He was followed b.
the Wellington attorneys. Mr.. Dey and
Air. HaIghey. Mr.. Amidon made tho
closing speech. The first three named
attorneys made able speeches and the.
held large crowd IN the court housc
listening to the oratorical fight. Mr..
Haughey fired some broad sides at the
Gray family, but never once did Anderson
Gray finch or remove his eyes from
the Wellington attorney.
Mr.. Amidcns speech was mentioned
about the court house as the effort of
his life. He referred to the insinuations Of
the counsel for the defense against Ida
Gray. He told how when her father was
IN the Wellington county Jail this girl
had come and laid her farm and town
lots at his feet to help him out She
decided all her earthly possessions to Sc
cure Dorsey for going her fathers bond
He did not care what the attorneys said
he knew in his own heart that a girl who
would do that had d large amount of
good in her makeup.
Judge Dale instructed the jury that If
they found that the deed from Gray to
Dorsey was intended by both parties as
a security they would find for the plain
tiff, otherwise for the defendant Fol-
lowing is the verdict rendered by the
jury:
In the District Court Of Sedgwiclk Coun-
~, State of Kansas.
Anderson Gray, Plaintiff,
VS..
The Equitable Securities Company. The
Equitable Mortgage Company, A Dor
sey. Ursula Dorsey, Charles Greenfel.
and Harvey RanNng, Trustees, James
Han. 5. a. Hail, Charles Hall. Mamie
D. Gray. Fred Dodson. John Green. d. /
G Handy, I. +. Dodson. c. G. Han, /
Defendants
VERDICT.
We, the jury. empanelled and sworn /
in the above entitled case. do find upon
our oath for the plaintiff, and against /
the defendants, except the Equitable /
Mortgage company, OF Kansas CITY, Mo. !
and do further find that at the commence
ment of this action, said plaintiff was
and now is the owner and entitled to the /
immediate possession Of the northwest I
quarter and the southeast quarter Of sec
ton p, and me southeast quarter and the /
southwest quarter Of section % all in 4
-ownship thirty 800 and the northeast !
quarter Of section Is. in township thirty 4
800, range four, west Of the sixth prin-
,ipla meridian, in Sumner county. Kansas.
and we DO further find in favor of said 4
plaintiff and against tho defendant, the (
Equitable Securities company Of New
York City. in the sum OF $3.50 as dam /
ages for waste and for the use and oc-
'upation OF said premises from the time
he said defendant. the Equitable Sc /
,urities company Of New York. took pos
session of the same, up 10 the 10th day
u September, 1897.
ROBERT ROGERS. Foreman.
When the case was ended. a reporter /
Tor the Eagle asked Judge Dey of Wei 4
ington what he had 10 say.
''Weu. - he said I'VE went or the theory
hat when Anderson Cray was convicted 4
II murder and sent to the peniteatiarv
% be kept for one year and then hanged /
hat in the eyes OF the law he was dead. /
That was right. too. lie was legally
lead. but when Governor Morrill, par
loned him and restored him 10 citizenship
he was born again. as il were. but al
ways VIII insist that he was born with
'ut property. I do not suppose this VIII
ne the last OF this I suppose it wiz be
aiken to the supreme court.
The John Cudahy Packing company
I
.ity and people and Se909a additional in !
r1rovements at the packing house
Thcy viii add Improvements next year
.1ztfr,r~ more fha~ S1fan aa