The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-10-23
ROBT. P0WELL'S
CLAIM ALLOWED
Hard Fought Battle Is Made
in Probate Court.
QUESTION OF HEIRSHIP
Figures Prominently in The
Evidence introduced.
QUESTION OF HEIRSHIP

The first claim made against the Major
Powell estate by Robert Powell, or Perry
man, was allowed yesterday in the pro
bate court Of sedgwick county, after a
very long and hard fought legal battle,
participated in by O. H. Bentley and Mr..
Smith, Of FL Dorado for the claimant
and the boy, who claims a share Of the
estate through his alleged fHal kinship
to Major Powell, and Judge a. L Redden
Of Topeka, and r. /. Holmes Of this city,
representing Frank Powell. who claims to
be the only legal heir to the estate, and
L. S. Naftzger. the administrator The
claim over which the fight took place
yesterday was rot Of Importance in itself
as it was a claim made by the conductor
OF the St Johns Military academy at
Salina, which amounted 70 but S2S.11. for
the boys expenses at that school The
battle over this claim was q preliminary
skirmish," as one attorney IL the case
expressed it. The prolonged and heated
struggle for the rights of an heir on the
part of Robert Powell win be brought in
the district court. Nevertheless, the
counsel for the boy considers yesterdays
success a victory.
The trial began at 10 o'clock and the
two hours Of the morning session were
taken up by the cross-examination Of
MI Bentley By Judge Redden. Nj Red
Gen questioned Mr. Bentley as to whom
he was representing in the case and prior
thereto. He endeavored to persuade the
Wichita attorney that he was or had
been representing two different parties in
the affair, but Mr.. Bentley would not
consent TO this arrangement Of fact. lie
agreed that he had represented Major
Powell at one time but the boy, Robert.
at another.
The afternoon session was q very inter-
esting one and the testimony introduced
hears directly on the heirshihp question.
The mother of the boy was pat on the
stand and the principal fact that she tes-
tilted to was that Major Powell was the
father of Robert Powell The attorneys
Tor the opposite side endeavored to show
that Mrs. Calori, the mother, was mis-
taken concerning the date OF the boys
birth She testified that she had settled
with the father, but for a long time
would not allow him to take the boy to
educate him.
Robert Powell took the stand and testi-
fed in q manner that won the admira
tion of every one in the court room. The
boy. while showing the results of educa
ton, was unaffected in giving the testi-
mony and strictly honest in what he said.
making allowance for whatever was
doubtful with a provision. lie declared
that he had never known the Major to
call him son, but that he had always
been taught that he was the major son
and he thought Nj. Powell treated him as
though he considered him his son. lie
told of several conferences he and his
mother had had with the major, saying
that all he could remember of these
meetings was the fact that Mr.. Powell
always spoke of sending him to school
and asked his mother TO allow him TO
take the boy and educate him. but that
his mother would not allow it.
There We're three other witnesses put
on the stand but their testimony did not
change the status OF the case as it stood.
They were: Mrs. Perryman. grand
mother of the boy. r. H. Mize, president
OF the Salina school and Mr.. Smith at
tcrney Tor the claimant. Mr. Frank
Powell was present. but did not testify.
At different times during the hearing,
papers were introduced. which bear upon
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