The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-13

Inc pla1ntlt IN the action had agreed
to stand by Judge Hazens decision as
final. therefore he took particular pains
with the case. and when he announced
his decision this morning gave refer
ences from about dozen volumes of
legal decisions which cOnformed ex-
actly with his own idea of the case
Judge HaZen held that Willie Sells had
been raised as son of Allen Sells ana
Sarah Ann Sells, and they therefore
had a right to take his earnings prior
to his ma jOrity He also said that the
suit was in the form of a suit for the
recovery OF money and property held
by the defendant estate, and had passed
the statute of limitations, Willie Sells
having reached his majority in 1886
and failed to file suit until 1901. In
conclusion, after giving a verdict for
1 the defendant Judge Hazen said in
closing: 1T also looks strange to this
court that if all his money and earn
ings were taken from him before his
majority he could Immediately upon
reaching his majority buy his foster
mother $3.50 worth of jewelry.''
on December u, 1901, Willie Sells
! filed. through his attorneys Rossington,
smith & Histed and Eugene Hagan.
suit against the estate for $50, 600 and
another action for the recovery of dia>
monds valued at $3.50 which he had
given to his foster mother, Sarah Ann
Sells. during her lifetime. The suits
were brought to recover the amounts
which Sells claims was due him for
work performed prior to his majority.
The petition in the case was a long
one, and told how Willie Sells was
raised to manhood by his foster parents.
( Allan Sells and Sarah Ann Sells be-
! lieVing them to be his true parents. Not
until after the death of Mrs. Sells he
says did he discover that he was
| founding and that his mothers name
/ was Markley. He also tells how he be-
came famous as a bareback rider when
still small boy with his foster father
! circus; also how his popularity as an
infant prodigy became such that he
/ made vast sums of money selling his
own photographs At the same time
/ he controlled the lemonade and peanut
I monopoly of the circus, and turned all
/ the money he made over to his Che sup
posed) mother, Mrs. Sells. Up to the
/ time of his majority, he says in the
petition, he continued to turn all his
earnings into the Golfers of the Sells
family. His education was neglected be-
cause he was so valuable as a circus
/ feature, and the secret of his parenta ge
was zealously hidden from him. Short
/ ly after his majority he presented Mrs
Sells with the diamonds in controversy,
but would not have done so had he
known at the time that she was not his
own mother. He claimed the amount
$7S.75O from the estate in which he had
tailed to share by the will either of
| Mrs. Sarah Ann Sells or Allan Sells as
money due him for services while still a
minor. He charges Mrs Sells, deceased,
with wilfully defrauding him by receiv-
ing money and Jewels from him which
were given under the impression that
she was his mother which impression
was not dispelled until Mrs Sells died
April p 1901. He also ella inns that he
has ascertained that when he was taken
| to raise by the Sells family his own
lawful mether delivered with him 81 500
to be spent in his education. which was
never done. He says that he has been
informed and has reason to believe that
this same $500 was invested by Allan
Sells in the first Sells circus. the foun-
dalton of what was later the Sells
Brothers circus of national fame.
The petition stated that from 500 to
$50 a day weresmade from the sale of
his photographs during his childhood
and that until he was q years of age
Mr.. and Mrs. Sells took all he made.
asserting the right to it, claiming that
Mrs. Sells was his mother and that from
the beginning of his tutelage as a cir
Gus performer, which, as aforesaid be-
gun in his most tender infancy and at
a time when he should have been gently
and tenderly cared for. this plaintiff
was subjected at all times. to the hard
est and most vigorous usage by those
placed in charge to teach him this bust
ness and at no time was any remission
of such work and effort permitted This
training from the earliest time down to
when he had acquired facility in his
business, was accompanied by severe
punishment for lapses and faults in the
performance of his trainers. He was
compelled to account to the said Saran
Ann Sells to the last cent for the money,
hereinbefore referred to. and if discover
ed retaining an insignificant amount for
childish pleasure, was visited with Sc
we're physical punishment"
The petition said: And said plaintiff
further alleges that during the month of
March. 1894. Allen Sells departed this
life and by win bequeathed his entire
estate to his widow with the belief OF
his part that she would recognize this
plaintiff as her sole heir, all of which the
said Sarah Ann Sells promised and
be done