The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-05
TON ,. FEMI)N DEA[|
Once Noted Kansas Lawyer
Has Passed Away.
HAD A GREAT CAREER
Something About His Noted
Criminal Cases.

Leavenworth, Kan, Feb. 4-Colonel
Thomas P. Fenlon, perhaps the Oldest
and certainly one Of the ablest and best
known lawyers in the state, Is dead. He
died about S o'clock yesterday in his room
in the Ryan building. but his death was
not discovered until 1:So o'clock in the
afternoon, when the doctor made his reg
ular cal Death was due 10 heart fail
ure.
He had been in falling health for a
year past, and for the last six months
/ had been almost cons family confined to
/ his room.
This morning Father Ward administer
/ ed extreme JUNCTION and communion 10
i him, and he rolled over on his right side
| shortly afterwards and apparently went
TO sleep. His son was IN the room nearly
all the time, but supposed that his father
was sleeping.
Funeral arrangements have not been
definitely settled thought the body VIII
probably be buried from the cathedral,
Wednesday morning
Thomas P. Fenlon was born in Nun
ster, Cambria county. Pennsylvania,
August Is, 1850 He was educated in
Pennsylvania and graduated from St
Joseph's academy. After leaving college
ne worked with his father. James Fen
lon who was a railroad constructor
Later he took up the study of law with
his uncle, John FenFon, of Edensburg
Pa, and was admitted to the bar at the
age Of 19. Shortly after ne came west
1859. He Immediately opened a law Of
flee and has been engaged in practice
ever since In September, 1861, ne was
married to Miss Rose Helen Riley, Of
Edensburg, Pa AS a result of this union
there were born three children, Hattie NJ,
now the wife of Captain W. J. Nicholson,
Seventh United States cavalry, stationed
at Fort San Carlos, Ariz. Edward J.
Fenlon, engaged in business in New York
City and Thomas J. Fenlon, Jr., who was
associated with his father in the practice
Of law under the firm name Of Fenlon &
Fenlon
In 1861 Mr.. Fenlon was elected district
attorney for the district composed of Jef-
ferson, Jackson, LeavenWorth and Wyan-
dotte counties, and was reelected in 1866.
In 1870 he was elected representative from
Leavesworth county to the state legisla-
ture and was reelected in 1873 dfeating
the brilliant orator and en-cOngressman,
Marcus ]. Parrett, by the unanimous vote
of his constituency. This was a special
session of the legislature, and Mr.. Fen
Ion was honored by being chosen speaker,
a position never before or since held by q
Democrat in Kansas. It was a high ac-
acknowledgement Of his worth and ability.
At this session, the members were called
upon to relieve the sufferers from the
grasshopper invasion. Mr.. Fenlon's in
terest and Ialoors in behalf of the people
OF western Kansas in that year earned
him great praise.
At this session Mr.. Fenlon succeeded in
having passed law which has cost the
railroad companies Of this state millions
of dollars. It is the law knows as the
Fenlon servant act OF Kansas. In this
state before the enactment Of this law,
an enploye Of a railroad company, who
was injured by the negligence or careless
ness of co-servant. could not maintain
an action against the company for dam
ages.
Edgar ". Dennis, the then famous
lobbyist, was stationed at Topeka in the
I
company to watch railroad legislatio it
was almost conceded that such a law
could not pass If those interested in the
affairs Of railroad companies got notice
Of the introduction Of such a bill before
hand. Mr.. Fenlon knew this, and waited
for an opportunity, which finally came.
and under a suspension Of the rules CT the
house he introduced his bin under the
modest head of An act 10 define the liza
bility of railroad companies in certain
cases" and it was enacted into law n
short order. This law was afterwards
contested in the courts, the railroad COM
panies claiming that it was unconstitu-
honal. but Mr.. Fenlon successfully de-
Tended his fellow servant law in the state
and United States supreme courts.
Among the most celebrated cases IN
which BIr. Fenlon participated IS the case
of Minnie Walkup the then young wife
Of John Walkup, who was mayor Of Ena-
poria at the time OF his sudden death.
The couple had been married only two
months when her husband, who was ap-
parently in good health, died suddenly.
An investigation was Instituted and AIrs.
Walklp was arrested for murder. she
was tried and acsuitted
Frankie Morris next called upon Nr.
Fenlon 70 defend her; she was charged
with the murder Of her mother who car
ried 2 large sum Of Insurance On her hfe-
Mr.. Fenlon Old not participate ia her frs
trial which resulted in her convictions he
was called int the case and argusd The
motion for new trial which Wa s-aut-
ed. She was again tired and accli
Another notable case in which Mr. e1
Ion appeared as counsel for the state vas
the case Of the State against John Ned
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