The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-21
Willie Sells Brings Suit to
Break VIII.
Tells Pathetic Story of His
Early Life.
HE DID NOT KNOW.
Toiled For Years Supposing
SelIses We're His Parents.
Claims Money For His Educa-
tiOn Was Used in Show.
Wants Value of Diamonds Given
Supposed Mother.

Two suits brought by William Sells
against P. l. Bonebrake, administrator
of the estate of Sarah Ann Sells,
amounting to $7S.750 were filed in the
district court this afternoon by Ros-
sington, Smith & Histed and Eugene
Hagan, attorneys for Mr.. Sells.
The petition is startling. Mrs. Sells
is charged with wilfully defrauding the
PLAINTIFF and the assertion is made by
William Sells that he always supposed
Mrs. Sells to be his mother and Allen
Sells to be his father until after the
death of Mrs. Sells, who died last
death that his real mother had given
him into the keeping of Mr.. and Mrs.
Sells when he was but an infant and
gave them $1,000 to be used in educat-
ing him. That the N oney was used in
stead by Mr.. Sells and was invested in
the circus business and that instead of
receiving education he, William
Sells, was forced to spend his entire
time as a member of a circus from the
time he was seven years old until he
was q.
one of the suits is for $75,0o0 The
petition sets forth that William Sells
was apprenticed at the age of seven to
become a bareback rider and that he
became proficient and commanded
large salary. He did not receive any
of his earnings. All the moneys were
taken by his parents. He submitted
their son and that he would be their
sole heir. He claims that by being led
to believe that he was the of Mr.
and Mrs. Sells and allowing them to
have the m oney earned by him under
such an impression he was deceived
and defrauded and that outside of all
money spent for him he is entitled to
$75 600. The other suit is for $3.50
claimed as pay for diamonds he gave
Mrs Sarah Ann Sells. The petition
states that as he thought she was his
worth $500, a pair of diamond earrings
worth $2,250, a diamond ring worth
$10e, another diamond ring worth $50
and diamond cluster ring worth $3.50.
and other jewelry
That said defendant, p. I. Bonebrake,
is the duly qualified and acting execu-
tor of the last will and testament of
Sarah Ann Sells, deceased who de-
parted this life the 25th day of April,
1901. That up to and until the death of
the said Sarah Ann Sells this plaintiff
had reason to and did believe that he
was the true and lawful son of the said
Sarah Ann Sells by her former husband,
Allen Sells, and that he was born of
said Sarah Ann Sells. in the year 1865;
but soon after the death of the said
Sarah Ann Sells this plaintiff ascertain
ed for the first time that he was not
the son of either Allen Sells or Sarah
Ann Sells but that Sarah Ann Sells
and Allen Sells, in the year 1865, re-
ceived this plaintiff, then a small in
FAINT, from his real mother, upon the
promise and agreement made by the
said Sarah Ann Sells and Allen Sells
that they would rear him, this plaintiff,
as their own child, and from such time
until the death of said Sarah Ann Sells
this plaintiff believed that he was the
only child of Allen Sells and his wife.
Sarah Ann Sells, and the sole heir to
their estate.
That said plaintiff is informed and
believes, and therefore charges the fact
to be that he was born on the Sth day
of April, 1865, and that at the time the
said Sarah Ann Sells received this
plaintiff from his mother, they at the
same time received from this plain
tiff's mother the sum of $500 to be in
vested by the said Sarah Ann Sells and
this plaintiff they, the said Sarah Ann
Sells and Allen Sells at that time be- |
ing without adequate means to pro-
vide for the education and care of this |
plaintiff
And this plaintiff is further informed |
and believes and so charges the fact |
to be that instead of using said sum |
of $1,000 as aforesaid received from |
plaintiffs mother, to rear and educate |
this plaintiff, they, the said Sarah Ann |
Sells and Allen Sells invested the said |
was the foundation of what subse- |
quently became known as the Sells |
Brothers circus and menagerie.
And said plaintiff further alleges that |
in the year 1872 the said Allen Sells, |
the husband of the said Sarah Ann |
Sells, in connection with his brothers, |
Sells, Lewis Sells and Peter |
Sells, were owners of a travelling show |
and menagerie known as the Sells /
Brothers. circus and managerie and at I
that time in the year 1872, the said |
Sarah Ann Sells and Allen Sells placed |
this plaintiff. who was then only /
years of age, in said circus as of |
the performers thereof; that his first |
act in said circus was riding pony in |
the ring of said circus, which was fol-
lowed by years of the severest hard
ship and toll in acquiring the ability |
to become a successful bareback rider
in said circus; that from the year 1872
until he arrived at 21 years of age he
the profession of a bareback
rider of horses in said circus and other
shows in which said Allen Sells was in
terested; that during said period he be-
come famous as rider throughout this
to receive and did receive, large salar- |
les for such performances"
The petition goes on to state that
from $50 to $50 a day were made from
the sale of his photographs during his
childhood and that until he was Il
years of age Mr.. and Mrs. Sells took
all he made, asserting the right to it,
claiming that Mrs. Sells was his mother.
The petition says THAT from the be-
ginning of his tutelage as a circus per-
former, which, as aforesaid. begun in
ais most tender infancy and at a time
when he should have been gently and
.enderly cared for. this plaintiff was
subjected at all times. to the hardest
Ind most vigorous usage by those
placed in charge to teach him this bust
ness and at no time was any remission
II such work and effort permitted on his