The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-02-27
CITY GAINS
ONE POINT
In Case Involving Possession
of $1,000
OF THE POLICE FUNDS
Bank VIII Not Give Fund to
the Court.

The famous Gaze OF The Rock Island
Lumber ana Manufacturing company
against S. z. Jocelyn and the Fourth
National bank. involving the question
whether over 8. 200 on deposit in the bank
belongs 10 the city of Wichita or S. T.
Jocelyn, came before Judge Mathew
Simpson, in the district court at Newton.
yesterday and resulted IN a victory for
the city. Though the court has not yet
decided whether the funds shall be paid
by the bank into the city treasury. as
that question viii be decided next 1day,
the court did decide yesterday that the
bank should not turn the funds over to
the district court, as desired by the plain
tiff.
The case dates back to the days of the
old police commission. In 1897 and 1888.
the police board Of this city consisted Of
S. Z. Jocelyn, George X. Spencer and ].
Nj. Furnish. The police funds were de-
posted in the Fourth National bank, IN
der TIE name 81 S. Z. Jocelyn, the pres
ideat Of the board.
It VIII be remembered that Mt. Jcce-
1yn WIS indebted to the Rock Island
Lumber and Manufacturing company
for lumber used and the company OBJ
tained judgment against him fer about
$1,000 The company also ran a garni-
shmeat upon the bank to hold the
funds OF the police department. deposit
ed IN the name OF Mr.. Jocelyn, 20 pay
the debt
As Judge Dale had been an attorney in
the case before being elected to the
bench, the case was heard before Judge
Simpson, at Newton, IN 1898. The court
decided that the money did not belong to
AIr. Jocelyn and discharged the hank
rs garnishee. The plaintiff appealed the
case 10 the Supreme court and about
three months ago the higher court hand
Cd down decision reversing the opinion
Of tho lower court. holding that under the
pIeadings in the case the court committed
error in discharging the gsrnishes. on
the grounds that the money was deposit
cd IN Jocelyn's name ana the bank had
ignored this fact in its answer to the
suit. The higher court for the same
reason decided that the city was not en-
tilted to the money and remanded the
case back TO the district court.
The city. through its attorney, A. T.
Helm. filed an application to amend its
former interplea and set up ali the facts
concerning tho character Of the funds.
The banl, also flee an application TO be
permitted 10 file an amended answer as
ments indicated in the opinion IF the
supreme court. Two Of the old board Of
police Commissioners fled a motion ask
ing that they be allowed to interpiead
and claiming the money as public funds
belonging to she board The Lumber
company fled a motion for judgment in
its favor on the mandats Of the supreme
court, and asking the bank to turn the
money into the court All these motions
were heard yesterday by Judge Simpson.
with The result that the court overrIled
the motion of the PLAINTIFF TO turn the
money into the hands Of the court and
also refused 10 render judgment in favor
Of the Lumber company. The court how
ever, refused 60 permit the bank TO file
amended pleadings.
Mr. Jocelyns son. Shirley. appeared on
behalf of his father and objected to the
filing Of an interplea in his name On be-
half 81 the board of commissioners City
Attorney Helm then flied IN interplea
N the name OF George *. Spencer and
y. NJ. Furnish the other members Of the
board. The case was then continued until
The May term Of court when the right
Of the police board to the funds VIII be
decided.
Tho interplea fled by the two members
OF the police board states that the po-
lice board opened an account with the
Fourth Nat Onal bank under the name OF
= r. JOcezFn anC mat no part of the
sl,2S6.S in Ihe hank at the time of the
EarnishmenE belonged to Mr.. Jocelyn.
individually. unless the court should hold
that the money belonged TO all the
members or the board. IN which case Mr.
Jocelyn would be entitled to but che
third. The interplea further states that
upon the authority OF tho board Mr.
Jocelyn drew checks IN his name as rres-
sdent OF tbs board upon the bank ac-
count and for the payment OF warrants
ISSUED for police purposes.
The interaiea also states that when the
police board was abolished, it turned over
all the prOrcrty il had tie the officers Of
tho city ard directed the Fourth Ma
tional hank 10 turn over the moneys u
The board which it held. into the hands
OF the city treasurer.
Mr. Spencer ard Mr.. Furnish close
their interplea 10y asking that the rrcnev
ne turned into the hands of the city. or
II i shol2d ~ determined that the funds
DO not bgione TO the city or the hoard
in lis corporate capacity. that it should