The Topeka state journal., 1901-06-28
SIGHT UNSEEN TRADE.
Two Old Men Who Exchanged
Property Now Dissatisfied.

The trial OF H. w. Simmons, charged
with obtaining property from J. c. Bur-
ford under false pretenses, was con-
menced in the city court this morning
Simmons traded farm In Seward
county. Kansas, to Burford for house
and lot in Gum City. No.
The case is a peculiar one, and deals
either with the simplicity of the two old
gray-haired men or else with the Shy
lock tendencies of both. Each claims
that ne is innocent and that the other
defrauded him. BurfOrd claims that
Simmons represented to him that he
owned a quarter section of land in
Seward county, five miles from the
county seat, Liberal, which had on IT a
good house, and that it was tenanted
in 1900, and that the land produced 81
bushels and one peck of wheat to the
acre; that there was a fine spring of
running water on the place, and a pole
stable, and Burford traded his Gum
City property for the Seward county
farm. Now Burford claims that there
is not even a spring of water in the
township; that the land wouldn't grow
a peck of wheat, to say nothing OF 81
bushels to the acre and that there is
no house and no pole stable, and that
instead of being five miles from town
it is "a N lies. BurfOrd made trip to
Liberal, but when he found that ne Aad
to go "a miles afOot, horseback or in
buggy to see his newly acquired pos
sessions he gave 1T up and came home.
Simmons claims that he told Burford
that he knew nothing about the place
except what had been told him Sim
mons now claims that Gum City, CasS
county, Missouri, is a sort of At
lantis, and may have once been
fiourishing metropolis but is not
now even respectfully live
country village, and that he was
badly worked" Simmons claims that
the house he got when he traded with
Burford sight unseen" used to be 4
blacksmith shop. has but three rooms
and is therefore not very desirable and
that s. 80 month is all that can pos
sibly be made out of it in rents ana
that the taxes make big hole in that
income. Both of the men are old and
their hair is white. Simmons lives in
Oakland. Burford was on the stand
this morning and after the direct ex-
animation by Charles Welch he was
cross-examined by F. D. McKeever.
Have you lived elsewhere in Kan
sas? asked Attorney Ed McKeever.
Yes; farmed in Lincoln county, said
Burford.
''Then do you mean to say that if a
man told you that you could raise 80
bushels and one peck of wheat on an
acre that you would believe it?''
why. yes
why did you leave Lincoln county?''
well other people couldn't make
things grow.
Didn't you know that land in Sew
diQ equity WAS uncertain as TO crops
Il Ididn't knowit till I went out there" :"
Did you think you could get good
land out there?"
4 thought 1t might be-
Did you try to raise any wheat?"
'aThen you are from Missouri but
don't want to be shown?
Did YOU. try to trade back before you
went out there ?"
~, -, a..a..,4 .z..-.-- -.,.,-
train bound for Seward county and
bought map on the train?'
why didn't your"
81 thought he told the truth
Nov weren't you anxious to get rid
OF your poor property in Gum City.
No. it's good property. would like
to trade back now
Did you see the land?"
mo, the livery stable man wouldn't
Gum City is on the down grade,
isn't it?'
They had a mill and elevator but it
what did you give for your Gum
City property p
Il traded a farm Of 100 acres in Ar
kansas"
Did you rent your Gum City
house2"
Yes; for $3.50 a month";
Wasn't it an old blacksmith slop?''
"A man used to use one room for a.
blacksmith shop, and when I got it I
got the blacksmith tools with it
What are lots worth in Gum City?"
Il don't know
why did you trader"
Il wanted to get a place where
could have some chickens and a cow
and a little garden"
Didn't Simmons tell you that he
knew nothing about his property in
Seward county. and that he based his
description of the property on the
statements OF others who wrote him
about his property2"
Yes, and when I came back he
wouldn't believe what I said about the
property not being good