davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
IN THE DEWEY CASE.
Second Wife Hasn't Sued for Her
Share of Property.

Press dispatches sent out from To-
peka state that the fling of the papers
in the suit of Mrs. Gertrude NJ. Dewey,
| the second wife of the late Charles p.
Dewey makes public the fact that the
late Charles P. Dewey had placed the
greater part of his large property in
the names of his stenographer. Chas.
T. Killen, and his children. 1t is be-
lieved that the property had been dis
posed of in this manner so that Mr..
Dewey could evade any judgments
which might be rendered in the di-
vorce suit which his wife filed against
him before his DEATH
These statements are denied as
wholly without foundation by a close
friend of the family in Topeka The
gentleman, who desires his name with
held from statements in regard to the
matter, but who nevertheless is in a
position to speak from knowledge.
says;
death, held his property in his own
| name. some in the name of Killen, his
secretary, and some as shares in in
corporated companies. 1t was known
before he died just what his property
consisted of. who held it, and what for.
1t cannot be said that this procedure
was for any purpose of shielding 1t
from his wife, or for any other pur-
pose. He lived at Chicago when he
died. and it is there that the will was
probated. although it was made in
West Virginia where he died. He
gave his present wife her share OF the
property under the laws of Illinois,
and the balance of the property to
Killen, who had been his secretary for
number of years. and his son Chaun-
cey, in equal parts. He made some
requests which had to be deducted
first, among them $1,000 to his daugh-
ter by his first wife. After his death
the daughter brought proceedings to
set aside the will. which are still pend
ing, and in which proceedings Chaun-
cey Dewey cannot but have the most
friendly interest. The second wife, be-
fore Mr.. Dewey's death, had instituted
suit for alimony aaginst him in the
and the testimony taken there dis
closed just what his property was,
where situated and by whom held.
after his death his present wife
brought suit to recover her share,
which she claimed she was entitled to
or which in Kansas would amount to
one-half after payment of debts, and
which in Illinois would be an interest
in the shape of dover.
None of the proceedings are ended,
and they all appear to be conducted in
sion. Dewey left a large estate, not
easily handled convertible into
cash, and was indebted in the neigh
borhood of a quarter of a million or
more dollars.
"a statement in some of the papers
coming from this city that it is be-
lieved that the property had been dis
posed of so that Mr.. Dewey could
evade any judgment which might be
rendered in the divorce suit which his
wife filed against him. is both untrue
as to his purpose, and is a misstate-
ment of fact. as his wife had not
brought suit for divorce. but for ali
mOnV."
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
THE EDISON FRANCHISE
Will Come Before the City Council
This Evening.

The Edison Franchise will come up
again at tonight's meeting of the coun-
ell. As the proposed ordinance is not
satisfactory to the mayor and all the
councilmen there may be some changes
made in the proposition before it is put
upon its passage.
A number of concessions have been
made by the company. One of the latest
objections made by a councilman today
is that the franchise as it now stands
is non-forfeitable and reference is cited
to section 6, as printed in the State
Journal Saturday evening. Concerning
this City Attorney Spencer said today:
whether that section is there in the
franchise or not makes no difference; it
simply provides what is already the only
way which the city has for enforcing the
provisions of the franchise. If the city
claims that the company is violating its
franchise it must first bring action in
mandamus to compel the company to do
as it has contracted to do. If 1T wins its
case and the company still persists in re-
fusing to do what the ordinance directs,
then is the time for forfeiture suit The
courts will not forfeit a franchise simply
on the representation of the city that the
franchise has been violated. The city
must prove that the company is violating
the franchise and that 1t has failed to
comply with the franchise after it had
been determined that the violation was
going on
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
Knights Templar, Attention.

The book which Topeka COM
mandery, Knights Templar, has issued
to present as souvenir to each MEM
Der present at their past commanders
reunion and reception to the grand
officers, Tuesday night, is one of the
most artistic and elegant pieces of the
printers art that has ever been issued
in Masonic circles in this country. 1t
is of the very finest material, having
an embossed cover, is printed on
deckel edge paper, the cuts are Rem
brandt in style and printed in a sepia
effect. It certainly will be priced by
those who receive it, not only for its
artistic value but the very valuable
literature it contains, as it contains
much that will be read with approval
and interest throughout the Masonic
world. The supply is limited and can
not be mailed, as they will not be out
of the printers hands until Tuesday.
Let every member of the commandery
report to the recorder promptly "a, at
1880. Sojourners will be cordially
welcomed.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
MIR. MCCORMACK QUITS.
Chief Train Dispatcher of the Rock
Island Resigns.

w. w. Mccormack, chief dispatcher
of the Kansas division of the Rock
Island, has rendered his resignation to
take effect December 10.
Mr.. Mccormack resigns from the
Rock Island here to go to Michigan,
where he has been offered the division
superintendency of one of the eastern
railroads. Mr.. Mccormack came to
Topeka about a year and a half ago
from the Great Northern railroad. He
has been extremely well liked in To-
peka, and he leaves with the well
wishes of all his associates.
]. B. Ford, night dispatcher, has
also rendered his resignation, effective
the same date. He has not decided
which of several offers he will accept.
1t is quite likely that he will go with
Mr.. Mccormack
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
PILES OF EVIDENCE.
Submitted to Judge Hazen TO Con-
troVert Referees Report

In the district court this morning
the argument on the report OF the
referee in the suit of McCarty q
Reichardt against the ST. Louis, Kan
sas City & Colorado railway was COM
menced before Judge Hazen. The ar
gument will probably last several
days. This suit, which involved about
100000, is the most voluminous civil
action that has ever been brought in
the district court. The evidence in the
case, taken by a stenographer and
typewriter, is bound in seven volumes
and each volume is as large as an
ordinary encyclopedia.
When the case was filed year ago
Judge Hazen appointed L. S. Ferry, OF
Topeka, referee in the case. AS ref
cree Mr.. Ferry heard the testimony at
sessions in st. Louis and Topeka. The
arguments were made before Judge
Ferry and then he prepared his find
ings which he filed with Judge Hazen
last August. The decision of the
referee was in favor of the railroad
company as the referee allowed but
$4,000 of the 100000 claim and that
$4,000 was admitted by the railroad
company. The attorneys for the con-
tractors want the decision of the
referee set aside and it is on that point
that the argument is being made.
MeCarty & Reichardt were con-
tractors who graded a large portion of
the st. L. K. G. & @. railroad between
Kansas City and st. Louis. The new
road is Rock Island system line. The
contractors, from Little Rock, Ark,
claimed that the grading they did I'M
der contract, to be paid for at various
rates for different kinds of work, was
not properly measured and that Chief
Engineer Marvin was not competent
to measure the work. In his decision
Referee Ferry said:
That no evidence has been produced
in this action sustaining the charge in
PLAINTIFF petition that said Chief En-
gineer Marvin was incapable, ineffi-
cient or unfair, or that he was incap-
able by reason of old age, physical in
frmities, prejudice or unfair DISPOSE
ton to properly and fairly perform his
duties as chief engineer of said rail-
road company under the provisions of
said contract"
matter, Referee Ferry substantiates the
conclusion thus: 1.-THE final estimate
Marvin, is correct as except as to the
clerical error showing the clearing and
grubbing, and shows correctly the
classification and quantities of earth,
loose rock and solid rock excavation
made by said plaintiffs under said con-
tract"
John Mcclure, formerly a judge of
the supreme court of Arkansas, and
Rossington & Smith, of Topeka, are at
torneys for MeCarty and Reichardt. ].
w. Gleed and w. F. Evans are attor-
neys for the railroad company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
HE LOOKED HIM IN THE EYE.
Then the Holdup Man Let Mr.. Van
Orsdale Alone.

William Van Orsda1e, deputy county
clerk, was the victim of an attempted
hold up in North Topeka Saturday night.
Van Orsdale was on his way UP town
from his home after supper, walking on
Railroad street. He passed a man who
was lounging against a fence. Immediate
ly after he passed he heard the sounds
of rapid footsteps behind him. He turn
ed suddenly and confronted the man he
had passed. The man was within a foot
of him and his arm was raised ready to
strike. The man held something in his
hand. Van Orsdale looked him square in
the eyes for minute and backed away.
When Van Orsdale was returning home
and passing about the same spot two men
appeared from the shadow of a building
across the street and started for him.
Van Orsdale turned and retraced his
steps and went home another way.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
HUNTERS ARE FINED.
Their Thanksgiving Jaunt Proves to
Be Expensive.

In the city court this morning Ray
Augustus, H. Wilkerson and William
Supple, charged with hunting on pri-
vate property without permission of the
owners, entered pleas of guilty.
The charges against the boys were
made by o. Skinner and Richard Con-
stable, farmers living near Vinewood
park. The farmers asked Judge Nc
Cabe to be lenient with the boys as the
purpose of the prosecutions was to put
a stop to promiscuous hunting and not
to unduly prosecute the eulprits. Sup
pies father was in the court room and
informed Judge McCabe that he would
not help his son but that William
would have to work out his own saliva
ton as best he could. Judge McCabe
fined each of the boys 81 and costs.
which amounted to the following to-
tails: William Supple $3.50, Ray Au-
gustus $9.15, and H. Wilkerson s915.
The fines of Wilkerson and Augustus
were paid by their relatives. When
Supple senior found that his son did
not have the money to pay his fine and
costs and that to work out his own sal
walton he would have to stay in jail IL
days he promptly paid the $3.50 and
took Master Willie home.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
FUSS ABOUT PAY.
Question Over Election Judges Al
IOwance Comes Up Tonight.

There will be quite a spirited fight
in the council meeting tonight about
the amount which the city ought to
pay the judges and clerks who counted
the ballots in the recent bond cleo
ton.
Election Commissioner Williams
recommended that the judges and
clerks be paid $3.50 apiece. The
claims and accounts committee inves-
tigated the matter, and recommended
that the judges and clerks be paid rs
per cent of the legal rate for the reg
ular election, which would make each
judge and clerk get from 6219 cents
to 81. The judges and clerks have
been doing some lobbying today, and
they tell the councilmen that unless
they get more than 21s cents for
counting the ballots, they won't take
a cent
Under the present law there is no
specific amount for counting the bal
lots of a special election. The judges
and clerks usually contend that they
are authorized to collect the same
amount as for a general cleo
ton, which is $3.50 for the first $50
ballots or less, and 81 for each sue
ceeding hundred. Two years ago the
judges were allowed so per cent of the
legal rate for counting three special
elections. There was only one special
election ballot this year, and so it
looks as though 25 per cent was not
an entirely unfair proposition.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05

Exports from the United States to
Canada during the year about to ter
inmate seem likely to exceed in total
value of those of any earlier year. The
department of commerce and labor.
through its bureau of statistics, has
just prepared a table showing the total
commerce of the United States with
Canada during the ten months ending
with October, also the total imports
into the United States from, and ex-
ports from the United States to, Can
ada in each fiscal year from 1850 to and
including 1904. The former statement
shows that the total exports from the
United States to Canada in the ten
months ending with October, 1904, were
$116,TT5,656. against s111.ss4.763 in the
corresponding months of 1908, and $685.
7s2.Ss4 in the corresponding months of
1000 =
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
HE SAID "CRUCIFY" me.
j. G. Bunds Appeared in Church With
This Strange Request.

J. C. Bunds, a man living in Park
dale, was arrested for assault last
night which complaint was later
changed to disturbing religious meet
ing at the Second Wesleyan church."
Bunds, while intoxicated, started
disturbance in the church at Fifth and
Leland streets, by cursing the minister
and striking a man who attempted to
reason with him.
Bunds admitted to the police that he
had made a disturbance in the church,
and said that he had laid down on the
altar of the church and said: Cruelty
me-you, just as they crucified
Christ"
Bunds says that he has had trouble
with the Wesleyan church, and that
his wife is crazy on religion. She in
duced him to forfeit $4,000 insurance,
he told the officers, and he has q
grudge against the institution
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
GLEASON TO RETURN.
Famous Horse Trainer Will Be at the
Auditorium.

Professor o. R. Gleason, the famous
horse tanner. who drew such enormous
crowds at the fair grounds in Topeka
last summer. came to this city this
morning and made a proposition to
the entertainment committee of the
lions in the Auditorium next week,
for the benefit of the Semi-Centennial
deficit fund, on a percentage basis.
Secretary Anderson arranged for a
meeting this afternoon at o'clock
between the committee and Professor
Gleason, at which time a formal con-
tract and arrangement will probably
pear at the big hall all of next week
with a Saturday matinee
There is one thing upon which the
engagement is principally contingent.
and that is whether or not the Audi
forum committee of the city council
will be willing to let the hall for a
horse show. Some complaint was
door circus and the sentiment that
grew out of it has not yet died down
entirely.
Professor Gleason says that he will
guarantee that not a silver will be torn
from a single board. 81 will arrange
morning he. 81 propose to put down
a board floor in the pit Of the hall over
the regular floor. Then I will put in
several layers of sand and sawdust and
pack it firmly. Around the sides
special safeguards will be placed.
There will not be a particle of damage
and will guarantee that fact"
Secretary Anderson of the CONNER
cfal club thinks that a good comfort
able seating capacity for 1000 people
can be arranged. The admission will
be Is cents.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
FOUND IN AN ALLEY.
Albert Lloyd Believed to Have Been
Robbed.

A man giving the name of Albert Lloyd
was found in the alley back of the Eagle
drug store, 406 Kansas avenue, at late
hour last night, and is still in comatose
condition, although the physicians who
have charge of him say that he will re-
cover.
The police decided that he had been
robbed and Sergeant McElroy, acting on
the theory, spent the rest of the night in
searching for the rObber. A man en-
ployed in the Eagle drug store, of the
same number heard Lloyd talk
ing to some women on the second floor
of the same building, and few minutes
later heard him fall down stairs. 1t is
probable that he was assisted in falling
down the rear stairway into the alley,
where he was found. Several women have
rooms on the second floor.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
GROSS FRAUD CHARGED
In the Matter of Worlds Fair Premium
Awards.

ST. Louis, Dec. SIN a letter to
MAJOR ]. G. Pangborn, president of
the United Exhibitors association,
made public today, President Thomas
Fl. Carter of the national worlds fair
commission declares that most grave
and serious charges of corruption in
connection with the awarding of GER
tain premiums have been filed" with
the national commission.
The letter, after quoting that part
OF the act of congress making an ap-
propI 1ation for the exposition which
provides that the appointment of all
judges and examiners for the expo
sition and the awarding of premiums,
by the exposition company, subject,
however, to the approval of the ma
tional commission created by section
of this act.''
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
IN THE HOUSE.
Hardly a Desk That Was Not Banked
With Flowers.

Washington. D. c., Dec, 5.-The house
of representatives convened today at noon
for the last session of the Fffty-eighth
congress. The ever-interesting event at
tracted to the house side of the capitol
the usual opening day throng who, al
though conscious that admission to the
galleries was by card only, nevertheless
began to assemble as early as 9 o'clock
From that hour the crowd grew in size
until the corridors became choked with
whom INDUCED the vain hope that by
some stroke of good fortune they might
gain admittance, while others were con-
tent if they but only could peep in.
The gallery doors were thrown open at
half past ten o'clock and in a short time
every seat was taken. The diplomatic
corps was well represented. Now and then
some favorite entered the chamber he
literally applauded. In his private
room, for some time before the house
met, Speaker Cannon held an informal re
ception to 1.-The boys" he is wont to
call his associates in the house. Without
distinction as to party, the members drop
ped in to pay their respects, and for each
he had a pleasant word.
The floral display was beautiful in the
extreme. There was hardly desk that
was not banked with floral pieces of some
kind.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
TO AWAIT ANALYSIS.
II. j. Beatty Had Several Diseases
But May Have Died of Poison.

Coroner H. B. Hogeboom and DR..
w. A. Wehe performed an autopsy on
the body of H. j. Beatty, the farmer
who died suddenly at his home early
Saturday morning, and found that he
had kidney trouble, cancer OF the
stomach and enlargement of the heart
They also found that the brain and
which could have been caused by
poison.
Coroner Hogeboom ordered an in
quest to be held and a chemical
analysis of the stomach, by Prof. J. L.
LoVeWell, to determine If any poison
can be found. If no poison is found
the physicians will determine that
death came from some of the organic
troubles.
Coroner Hogeboom ordered the in
quest to begin in the city court room
at 2:30 o'clock this afternoon. The
analysis of the stomach can not be
made by that time and the inquest will
be adjourned until Prof. Lovewell can
report on his findings.
Sheriff Lucas made a trip to the
Beatty home and questioned the
death was the result of poison nor foul
play but as the neighbOrhood is agi-
tated over recent troubles between the
Beatty family and others in the
neighborhood the farmers in the vicin-
ity of Menoken demanded an inyeSti-
cation and it will be made in a
thorough manner.
Two weeks ago when Beatty was in
Topeka to take steps to have a neigh
Dor arrested for Islander he was suffer
ing greatly from heart trouble and
nearly collapsed in the court room.
He was to return on the following day
but was not able to do So
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
HOLIDAY Rates via Frisco system.

On December 20. 81, % and 26 the
Frisco System will sell round trip
tickets limited for return passage to
thirty days from date of sale at rate of
One Fare plus $500 from Kansas City
to all points in the Southeast, includ-
ing Tennessee, Mississippi, Louisiana,
Ala bama, Georgia, the Carolinas and
Florida.
The fast Southeastern Limited
train, carrying through sleeper to
Jacksonville, Fla, leaves Kansas City
daily, at $50 %. m, and arrives, at
Memphis 1855 a. M; Birmingham 3:55
d. M; Atlanta 11:20 p. M; and jack
sonville at 9:35 a. m. the second morn
ing. J. C. Lovrien, Assistant General
Passenger Agent, Kansas City, Mo.
A. Hilton, General Passenger Agent,
ST. Louis, Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
LAST CALL
Barnun' S
ia and II6 E. 9Th St.

Our extra super ingram
carpets are practically all
closed out.
We have a number of
Tapestry, Velvet and Mo
quette carpets of very high
quality and exceptionally
fine designs. We are closing
these out swiftly at almost
half of former price. Ia
pestry, 40c and upwards;
Velvets, 75c and 85c-were
formerly 1925 and $1.35.
Velvet and Moquette
Rugs, made from remnants,
at each $1.10 and $1.25,
worth almost double.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
DUNN Fire Extinguisbed.

The fire at the city dump was entirely
extinguished Sunday by the fire steamer
Two heavy streams of water were played
into the burning refuse for some time
and il is believed that all the fire is out
At the council meeting this evening Coun-
Gilman Griley of the Second ward will in
troduce a resolution instructing the city
attorney to bring criminal proceedings at
once against any party caught dllmping
any more refuse in this old raVine. The
land is not inside the city limits but the
city has jurisdiction for sanitary PURPOSES
to a distance of five miles from the city
limits
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
To Install a Pastor.

Installation ceremonies will be held
at the Third Presbyterian church
Tuesday night. Rev. w. N. Cleveland,
formerly of Herington, will be installed
as pastor. Rev. Ralph Ward of the
Westminster church will preach the
sermon. Rev. A. F. Glendenning will
deliver the charge to the pastor. Rev
S. S. Estey will deliver the charge to
the congregation. After the installa-
ton ceremonies refreshments will be
served.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
YOUNG ORATORS MEET.
Rake Preliminary Steps to Choose
Judges.

A meeting of delegates representing
all the colleges in Kansas which are
members of the State OratoricaI asso-
citation was held Saturday afternoon
at the Copeland hotel in this city, for
the purpose of selecting a list of names
of prominent men who would be sat
isfactory to the members of the asso-
citation as judges in the coming state
contest, to be held in Wichita in
March. From the list of names Sc
lected the executive committee of the
association will choose the six judges.
Washburn's delegate to this meeting
was John Hughes.
Next Friday night Washburn will
hold its local contest for the purpose
of selecting its representative for the
state contest The contestants are
Ludwig Katterfeld. Imri Zumwalt
Talmadge Ackerson, John Dadisnan,
and Willis Goldsmith.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
HURT IN A RUNAWAY.
Miss May Riser Seriously Injured at
MenOken.

Miss May Riser was dangerously in
jured in a runaway Friday afternoon
near her home in Menoken township.
Miss Riser was driving a horse to a
buggy. The horse became frightened
and ran away. The buggy was upset
The top was up and Miss Riser was
caught in that and dragged for a long
distance. The buggy righted itself and
she managed to jump out. Miss Riser's
skull is thought to be fractured and her
neck is injured. She was unconscious
for several hours.