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

mlcl, because 7 gave q part Of It 10 my
vie, and she bought yhe things. ! also
loaned a small amount 10 ar CoCly- 1
loaned him Ss90. He paid il back. but l
cannot remember the date. he said he
wanted 70 pay I'd on some property that
he had bought 50 that he could get the
deed I cannot now remember how soon
after I loaned him the 500 after 1 Paid
him the 500 that I owed him Mr Comfy
s an attorney, ana I knew at the time
that his partner. Mr.. AmiJon was county
attorney. AIr. Quincy wanted ne 70 give
him The books i never offered them 10
him FOR any sum. be offered me $50
for them but did not consider his
offer. Al that tine the books were in
the vault AZ the postOfice BUILDING, and
they were kept htere until / sold them.
They had been there Tor about eight
years These books cost me about s. 90
7 have or several occasions put them up
for security IL the amount Of $500 and
redeemed them never offered these
books for s3 but I aid os5er them for
down and the rest on time.
Yes 2lr Comfy t3Id ne what be wanted
th= 5 for. He said DE had bought some
rl8rerly end d. wanted to pay The $ljG
So thar he could SET the deed ] never
offered 90 sell these books 10 Lew DEAN
~ @ b-lstoH Tor t,--
ibis evidence ~ lir. HziserTran was
brought Ont by qgestious submitted 70
mr.. LIeiserInau hy tr. Feruliion-
Clerk hahn TestIGes.
County Clerk John Chain was called by
the state and told about the purchase
OF rhe books and the drawing OF The war
rant Tor TIE money he also told OF
ether warrants drawn fer payment Of
work for bringing uD the books 70 date.
il developed during his examination that
9 . d. IS IONS
the books Of Mr. Kerr. anG h was 20
have them brought up 10 January !,
-sas. and that he got the money before
The WORK was an dCue. Mr. Chain stated
has in addition 70 the $500 which Mr.
Kerr received Tor the books that var
rants were drawn in his favor for work.
One fer sE-59 ia the month or May. III
June one order fo- $S3S. So and in June
one for S5sS 90. and one in August for
<1.572 The pay for work done in August
which would have been paid September
J. vas stopped by the bringing OF this
suit. IL was also brought cut that when
Air- Chain learned that suit would be
brought he Cancelled this order and that
ComUi ssioner Wilson drew another one
himself and gave il 10 Ar. Kerr. When
ln the course OF the examination, Judge
Wall asked AIr. Chain if he was present
when the contract was made, he answer
ed that he was present when IL was read.
In regard 10 the first action taken 10 buy
the abstracts Mr. Chain said i took place
in mis- back Office, but he die not At that
time Learn from tEe commissioners that
Il was their intention 10 buy the Heiser-
man books lie said he was present with
The three commissioners when the resolu-
tion was passed To buy index books Mr..
Nermilion asked the county clerk II the
commissioners were notified that Mr..
Kerr would have TO have the money TO
pay for the books before trey could be
turned over. and his answer was that ne
did not know. He did not know whether
the commissioners were notified at the
time they took action to buy the books
that they would cCst $, 20. There was
no talk in his presence about what they
were 10 cost
Mr. Kerr Is Examined
J N. Kerr YVES called by the state. He
said he had been III the register OF deeds
Office for about % months. He was
shown the contract with the county COM
missioners and he said that was his sig
nature 10 it. He stated that he did not
have any index books at the time he
signed the contract. His attention was
directed 10 the index books on a side ia
bic and he said they were the ones he
had bought from Heiserman. lie said
they were delivered 10 him here ar the
court house at the time he bought them
and he had never seen them before. When
asked If he had carefully examined them
before buying them he said he did not pay
much attention 10 that. All he wanted
TO know was that they were acceptable to
the commissioners. The books were TO be
brought UP 10 January first. ISIS. but at
the time the county agreed TO take them
he did not notice that they were not
brought Up TO that late. he said he paid
Heiserman the $1,000 for the books and
got a warrant for the money. He cashed
the warrant at the Fourth National
bank and gave all the money to a. N.
Denny. He stated that when he got the
money at the bank he came out on the
street and met A. ". Denny Mr.. Denny
gave him bib OF sale for the books and
he gave Denny the money. He said that
was the first he knew Denny vas in the
deal. Ar. Kerr gave a long story about
the work in the Office and told how many
clerks De hl1 working on these books,
and now much he paid them he said
ne had agreed 70 bring the books up n
January first. ISIS. with out any cost 70
the county, but he explained that he eX-
pected "a make she money out Of his
contract with the commissioners for the
work on the books after tEat time. He
admitted that he was getting about $50
a month from the county more than it
cost aim 10 set the work done When
ar NermIilon asked hlm 7 II were not
ll '.' pc Soy "II' ~, -or !, $50 LOT
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