The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-07-25
CURIOUS LAN IANdE
Deposition Will Be Taken in
California Today
IT Is A TURNING POINT
May Decide a Case or Blight
a Lawyers Prospect

Wellington. Kan, July 24.-According
to the News, tomorrow in far off Cali
fornia, deposition is to be taken which
will mean much to a young Wellington
attorney Miss Mora Barnes. now resi-
dent of that state, formerly stenographer
for Elliott & Burnette, will be put on the
stand TO tell whether or not she wrote
the letter that is claimed by Herrick &
Rogers to be manufactured" for the
case.
Cleo D. Brunette, of the legal firm of
Elliott & Burnette, had been appointed
administrator of some land in this coun-
ty for the purposes Of a certain case.
Afterwards he assumed the right to con-
tinue as administrator, collected several
hundred dollars Of rents off of some lands
and finally made sale of the land. A
man by the name of McAuley, of Illinois,
was the agent for the heirs. Early in
1902 Brunette wrote McAuley that he
could sell the farm for $1,000. The offer
was turned down. Later ne wrote that
he could get $500, and strongly advised
the acceptance of the proposition. Nc
Auley agreed TO SELL but when he asked
the heirs to sign a deed, they refused,
saying that the land was worth 5000
Not long afterwards, Mrs. T. F. Ran
dolph brought suit against McAuley and
the heirs. asking that they be required
TO make a deed. Hhis was the first
time that McAuley knew who the pur-
chaser was When Herrick & Rogers.
Irad
over the correspondence, it was noted
that the name of the prospective pur-
chaser appeared nowhere in the CORES
pondence. Under the decisions of the
courts this fact was important, and the
failure to name the purchaser was prob
ably fatal to the plaintiffs case. The
whole case depended upon the cores
pondence between Burnette and McAuley.
One day, before the case was called in
the May term this year, Mr. Ed T. Hack
ney for Randolph, and Ivan Rogers for
McAuely, gave each other full copies of
letters upon each side of the case and
made certain agreements in reference
thereto that would make it unnecessary
to take any dispositions to prove the au-
thenticity of them. When the case was
being tried before Judge Swarts, every
theing went smoothly till a letter from
Burnette to McAuley was offered by
Hackney. Herrick objected to it on the
ground that McAuley had never received
It and II was not among the letters which
they and Hackney had agreed were In
Guided in the correspondence. Burnette
was telephoned for and brought up the
letter press book in which the same was
copied As soon as rogers looked it
over he declared in open court that Bur-
nette had written the letter after the
suit was brought and copied it in the
book for the purpose of winning the
case. The letter contained the missing
link. it stated who was to be the pur-
chaser.
Burnette declared that he dictated the
letter to Miss Mora Barnes. stenographer
and that she wrote it and indexed it. It
does not look like other letters in the book
which she wrote. In fact, there are
good many things about it TO Indicate
that Miss Barnes did not write the let
ter. and the lawyers say that the index
ing is plainly Burnettes hand. Also the
books shows that where the letter In
question Is indexed another number was
scratched out to make place for it.
When the case was called last Monday
the attorneys for Randolph We're not
present but Brunette asked that the case
be passed uptil he could take Miss
Barnes deposition. The time was given
and the deposition will be taken next
Saturday.
II II develops that the letter was manu.
featured as claimed, an accusation WI
be presented against the attorney and
Judge Swarts will he asked to proceed
to try him for the purpose OF having
him disbarTed