The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-04


tional convention from 1860 until 1895
He was opposed to fusion and the view
enunclated In the Chicago PLATFORM ia
1896 lie presided over the convention
or the Kansas gold Democrats IN 1875
and was a delegate to the sound money
convention at Indianapolis which noEf1l-
mated Palmer and Buckner for president
and vice president of the United states
Mr. F'enlon was an ardent admirer OF
Grover Cleveland and ON two Occas1oss
seconded his nomination for president
Mr.. FenIon was probably best known
as a lawyer He first came into proT11-
nence as a criminal lawyer and enjoyed
the distinction OF prosecuting the 1lrSr
man to be judicially executed IN the
second term as district attorney expired
he took up the defense Of persons charg-
ed with crime, and won many cases
which made him famous throughout the
country
Among the most. celebrated cases n
which Mr.. F'enIon participated is the
case Of Minnie Walkup, the then young
wife OF John WalIxup, who was mayer
Of EmpOria at the time of his sudden
DEATH The couple had been married
only two months when her husband, who
was apparently in good health, did
suddenly An investigation was 1nSt1-
tuted and Mrs. Walkup was arrested for
murder. She was tried and acquitted
frankie Morris next called upon Mr.
Fenlon to defend her; she was charged
with the murder of her mother who
carried a large sum of insurance on her
life. Mr.. Fenlon did not participate IN
her first trial which resulted in her con-
victions he was called into the case and
argued the motion for a new trial, which
was granted She was again tried and
was acquitted.
Another notable case in which Mr.
Fenlon appeared as counsel for the state
was the case of the state against John
AIedl1cott, OF Lawrence, Kan. Medlicott
was wealthy physician, and resided at
Lawrence, Kan. He fell in love with the
a a
resident and newspaper man of Law
renee Kan 1t was not suspected at
that time that DIR. Medlicott was in love
with Ruth'S wife. but the suddennesS of
Ruth's death induced the people OF
Lawrence to Investigate. Medlicott was
at Ruth's house after it became known
that he was dead. Mrs. Ruth was WIS.,
iting friends in Leavenworth. The
clothing OF Mr.. Ruth was searched, and
IN the vest pocket a little memorandum
book was found and contained the fol-
lowing: Darling: -The doctor mean
Dr. MedlicOtt-gave me a Quinine pow
der on Wednesday night, April 26. The
effects are these-I have a terrible sea-
satIon Of a rush of blood to the head and
my skin burns and itches. am becom-
ing numb and blind. I can hardly hold
my pencil and i cannot keep my mind
steady. Precipitation stands out all over
my body and i feel terrible. The clock
has just struck II, and I took the medi-
cine about 1890 p. m. / write this SC.
that Ii never see you again you may
have my body examined and see what
the matter is. GoOd-by. and ever re-
cannot see to write more. God bless
you, and may we meet in heaven. Your
loving hubby, r. NJ RUTH
This was a startling discovery and
suspicion Immediately fell upon the doc
tor. The people of Lawrence were horri-
fed and thrown into fit OF rage Med
lcoIt was indicted for murder. His at
TOrDayS took a change of venue to An
W
Eighteen days were consunedin the trial
OF the case, and Mr.. Fenlon closed the
argument for the state. The jury was
out but q short time and returned a YER
dict of murder in the first degree. Med
licott was sentenced to be hanged. h
took an appeal to the supreme court.
Where the judgment of the lower court
was reversed, for the reason that the
court below should not have accepted
the memorandum as dying declaration
in evidence. The supreme court in de-
Gliding the case paid Mr. Fenlon a high
compliment for the manner in which he
presented the case. The case was never
retired, however, as the declaration of
Ruth contained in the little book was
the only evidence the state had on which
to try the case
Mr.. Fenlon then dropped criminal
practice and took up the prosecution of
cases for damages against railroad corr
unusually successful and secured big
verdicts for his clients. He enjoyed the
distinction of recovering the largest yer
dict for damages for personal injuries
ever given in the state, the amount of
which was $4,000, for the loss of beth
legs of a railroad brakeman. Mr.. Fec
lon, together with his son Tom, have
followed this line Of practice, and when
ever the railroad companies were call
ed to trial opposed by this firm of law
yers they invariably invoked the assist
anca of their ablest legal talent.
Mr.. FFenlOn represented Senator John
J. ingalls, in his contest case for seat
in the United States senate, and also
represented Alexander Caldwell in his
contest case for a seat in the United
States 70