The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-07
IT DIDN'T COME.
Decision in Bailey Kelly Case
Not Given.
Attorneys Expect L. Early Next
Month.
PROBATE COURT ACTS
May Send Girls 10 Industrial
School.
A Rice County Murder Cas- l
Reversed.

The supreme court did not decide
the Bailey-Kelly grocery case this
morning. as it was expected to do.
Judge Doster. attorney for Governor
Bailey, says he does not expect a de-
cision until next month.
The most important case decided,
in point of general interest. is that
of Clara Gassaway. the Wyandotte
county 13-year-old girl who resisted
the effort of the probate court to send
her to the state Industrial school for
girls. She brought habeas corpus
proceedings in the supreme court to
obtain her release, but the court this
morning held that the writ should be
denied The court holds that the pro-
bate court has power to send girls
to the industrial school. the same as
other courts.
In the case of George McAnarney,
accused of numbering his father,
James McAnarney, in Rice county and
throwing the body into we'll, the
tn ere was no direct evidence against
the son. but it was well known that
he disliSed his father. The supreme
court holds that some of the states
most important evidence is inadmis-
sible, and the indications are that it
will be impossible to secure another
conviction
Judge Dale Erred.
In the case of G. G. Robins VS.. w. l..
Maclie, the court holds that Judge d.
M. Dale. late Democratic candidate for
governor, had no authority to sign a
case made on the 25th day after the
entry of the judgment, when his term
of office expired on the goth day. The
case is dismissed on that ground. The
court says in an opinion written by
Clark A. Smith:
Once a judge. always a Judge, may
be good social law as applied to wear
ho ira mr. 1r1a1 nv
power conferred upon an ex-judge, as
an individual, not as an officer, must
of necessity have some limitation as to
time
Santa Fe Loses.
c. F. Sager, a man who was struck
by a gate across the Santa Fe tracks
in the city of Hutchinson, was granted
a new trial on an error by the Reno
Instructions The Santa Fe won the
case in the lower court. but it will
again be obliged to defend itself.
Another defeat for the Santa Fe was
in the Isaac Davis damage case from
Franklin county and also in the appeal
Of Ann c. Chase from a Jefferson
county decision.
John Hammerland recovered a YER
dict for damages in a wreck on the IN
ion Pacific in the Wyandctte county
court, and the supreme court reverses
the decision on the ground that impro-
per evidence was admitted.
Bowling Alley Case.
The court in a somewhat humorous
opinion by Justice Burch, holds that
a bowling alley is not exempt from
seizure for debt on the ground that
it is exempt as the tool of trade"
The case is entitled D. B. Williams vs..
Mica G.. Vincent and comes up from
Crawford county.
William G. Mccoy shot his young
wife in a brutal manner down in Elk
county and was convicted. The su-
preme court sustains the verdict. Nc
Coy and Cora Palmer, his wife. ran
away and were married when she was
IL and he 20. They were not long
happy together, and the crime follow
ed.
Doesn't Pay to Fight
In the case of Edward Mcneil and
Fred Mullin of Clay county, who had
a fist fight resulting in some pretty
serious injuries the supreme court
held that when two parties mutually
consent to fight, each one can recover
from the other in civil action for dam
ages sustained. The Clay county court
held that an action for damages would
not hold.
In the case of Alexander p. Baird
against James Baird. from Lyon
county, the court held that a verbal
will can be validity made. J. Hardin
Baird died in a hospital and in the
presence of a number of physicians
and others indicated the disposal of
his property, which amounted to
about $50 600 He was unable TO sign
the will because of paralysis.
Wilson II. Broadbent, an employe
of the Cudahy Packing company at
Kansas City, Kan, secured Judg-
ment for S1,999 against the company
in the lower court. The supreme
court cut off 500 from this amount.
on the ground that the evidence did