The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-02-09
WAS REEDS WRITING
Collapse of Charge of Tamper-
ing Court Gecords.
EXPERT SHOWS CHARTS
And Judge Dale at Once Dis
poses of he Matter.

After the examination of two witnesses.
one for each side Of the case, Judge Dale
decided that the writing in the trial
docket No. g. in the case Of Kirbaugh
vs. KIrbaugh. was in the handwriting OF
Judge Reed. The Judgment OF the court
completely vindicates Mr. Otto Eckstein,
who was the attorney in the case when
it was first tried, and who made The ap-
plication for a nunc pro tune order for a
| journal entry of q decree for a divorce.
Frank Sherman was the only witness
examined by the defense and he made
such lucid explanation OF the handwrit-
ing of the judge and showed conclusively
that the entry was bona fde. that there
was no need of any further examination
of witnesses, although several others had
been subpoenaed. Charles Luling, who
was the cletk OF the district court at the
tine Judge Reed wos on the bench, was
willing to go on the stand ard swea: that
the writing was that of Judge Reed, but
he was not called for
Frank Sherman mad prepared a chart
Of the letters which made no the entry
and also a chart OF letters which were
in other entries of the docket. These let
ters were on a considerably larger scale
and every line in the Iettrs was brought
out and he explained everything that
might be questioned in the matter of
handwriting. showing that in both of the
charts there was a similarity Of the
shaping Of the letters.
He went into the details of Judge
Reeds handwriting. demonstrating how
each letter was made and from his larger
chart it was an easy matter to decide
that the letters were mace by Judge
Reed
Mr.. Shermans testimony was as an ex-
pert on handwriting and as he closed his
testimony there was not g shadow of a
doubt OF the authenticity Of the entry
in the minds OF the court. Mr.. Sherman
talked over an hour while explaining the
charts OF writing and as he ended, he
said:
Your Honor, I have made an exhaus-
tive examination Of the writing of the
entry IN question ard also a number
Of other entries made in the same book
ana which were Acknowledged 10 be in
the handwriting Of Judge Reed. 1t would
seem from the casual glance at the entry
that both could not have been written by
the same man. but on a microscopic eN-
animation, or in the larger chart. it is
clearly shown that both were the work of
one man. no one could have written
that but Judge Reed
District Court Judge Williams then
went on the stand and testified that he
was absolutely sure 1here was no record
Of the entry Of the case of Tirbaugh vs..
lIirbaugh when his attention was first
called TO the matter, about the middle of
December. at which time ne was reqaest-
cd to make out a certificate of the grant
ing of divorce, and he refused TO 10 this
because there was no entry on the trial
docket although the appearance docket
showed that a decree had been granted;
but there was no journal entry Of decree
and the costs Of the suit had not been
paid. He stated that he called Mr.. Eek
STEMS attention to the matter at that
time and a few weeks later that gentle
man came to him and showed him the
docket with journal entry of the decree
being granted. He was positive that he
had examined the right docket and there
was a blank page where the entry was
to have been made.
Mr.. S. B. Amidon had been appointed
by the court to conduct the examina-
ton and as soon as the evidence was in
he left the matter entirely in the hands
Of the court and il was Immediately de-
cided that the entry had been made at
the proper time and that a decree had
been granted, so 4 nunc pro tune order
was ordered by the judge.
This settles the much-talked-of tam
pering with the records case, which had
been up in the minds Of the people gem
orally and especially among the attorneys
of this city. The many friends OF Mr..
Eckstein were loath to believe that he
or any agent OF his, did the tampering
alleged.
last December letter was received
in this city asking for certificate Ct the !
records in the case of frankie EIrbaugh |
VS. a B. Kirbaugh. Tho suit was Tor a /
divorce. and this was granted and jour /
nal entry OF judgment was made and an |
entry to that effect was made in he ap- l
pearaace docket Fred Williams made a /
certificate to that effect. but stated that I
there was no entry on the trial docket !
and there was no journal entry because I
the costs Of the suit had never been paid. /
Mr. Otto Eclcstein was employed by /
Mrs. KirhaIgh's attorney in Nebraska I
TO obtain nunc nrotunc order from this |
court and he made an application for one, !
but the matter Of tanpering with the rec
ords came up ia the trial of the case and |
the order could not be granted until the |
whole affair was cleared Nd.
The funeral OF Mrs. Sallie Meta %
Pratt, kan. vii occur at 2:s0 P. N. today
NJ the home of her cousin, Mrs. z. D