The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-17
RACY EMPORlA TRIAL.
The Rounds-Fovler Case Up in the
District Court

District Court.
Emporia. May 1.-THE Rounds
Fowler case is occupying the attention
of the district court and a large crowd
is in attendance. The case promises
to be the most sensational tried here
flor years. The jury was secured after
! several hours wrangling between the
/ lawyers. The attorneys in the case
are: For the defense. Madden & KEEL
/ log, Graves & Hammer, M. NJ. Suddock
and Judge Redden of Topeka. The
prosecution is in charge of Lambert &
Higgins, Back & Spencer, J. H. Firth
and County Attorney McCarty.
Before the commencement of the
case, both sides gave a short outline
Of what they intended to prove.
VIII Higgins, for plaintiff, made the
first talk, and said In substance that
formerly Miss Annie Hunt was a
resident of Lyon county and had been
for a good many years; that she had
known the defendant, Charley Fowler,
almost all her life, having gone 10
school with him and regarding him as
one of her Oldest and best friends;
that at the request of her husband,
who was in New Mexico she went to
see Fowler, with the intention of pro-
curing a loan on q forty-acre tract of
land belonging to Mr.. Rounds; that
previous to that time she had an IDEA
Of selling the farm, but had later al
most decided to hold on to it and get
According to the story. her husband
wanted to raise the money to build
some houses on some lots in New
Mexico, which he could rent at a good
figure.
After some further talking. Hug
gins alleged that the defendant, Mr..
Fowler, made improper proposals to
the plaintiff After this Mrs. Rounds
consulted with the law firm of Lander
e Huggins, and they decided that Mrs.
Rounds had good cause for action,
and sent for Mr.. Fowler to meet with
offered a check for one hundred dol
lars to settle the matter, later 1ncreaS-
ing this to five, and then twenty-five
hundred dollars, finally drawing his
check for forty-two hundred and fifty
dollars; that he asked that his check
be not presented to the bank until 10
O'Clock the next morning, and later
asked that it be held until II, both of
which requests were granted that at
u O'Clock, he, in company with his
attorney, John Madden, came to the
office of Lambert & Higgins and de-
manded the return of the check,
which demand the plaintiff refused TO
comply with, and that he stopped pay
nent of the check at the bank, and
the case grew from these facts
Judge Graves, for the defense, ac-
knowledged the first part OF the alie-
cations made by the plaintiff, but de-
MED absolutely all charges of I'M
proper conduct.
Mrs. Rounds husband has asthma
and tuberculosis and cannot come
from New Mexico.
Mrs. Rounds was the first witness.
Just before she got on the stand she
took off her jacket, and disclosed a
white lawn shirt waist She wore
black skirt and a large straw street
hat. She is a square-jawed, deter
mined looking woman, and though
the papers, when the suit was filed,
said she was unusually pretty, this is
the usual newspaper statement that
appears about women who get into
court, and in Mrs. Rounds case is
not true. She is just plain, honest
looking woman, thirty-two and looks
it, who is not any sort of a siren and
is the kind of woman about whom
people say there is no foolishness
about her" When on the stand she hid
her face and at times her voice quay
cred as she spoke of her husbands
hopeless illness. She said that except
ing the first few years of her married
life when she lived in st. Louis, she
had spent all her life from birth in
Lyon county in the Fowler neighbor-
hood. She grew up with Mr. Fowler
and constantly referred to him as
Charley, after the fashion of people
gether.
She told her story in a very convincing
manner. The sum and substance of il be-
Fowler while in his office on a purely
business transaction.
The -examina ton was conducted nv
John Madden. There was no attempt to
go after Mrs. Rounds All the cross
questioning was done in a low tone Of
voice and no attempt was made to bring
out anything derogatory to Mrs. Rounds
character. She held herself in control
during the cross-exa mination and did not
seem to be confused. She did not mater
tally change her testimony.