The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-07
he GETS HIS FARM
9oseph Healey Wins Final Vie
tory in Supreme Court
Was Arrested Years Ago In
Governor Leedy's Office.
SENT TO THE ASYLUM.
Property Taken on Mortgage
While He Was Confined.
Other Decisions of Interest by
the Highest Tribunal.
SENT TO THE ASYLUM.

as for poa-ession of farm, ana
Ffealey got the farm.
About 1897, a man named Joseph
Healey from Lincoln county, went in
sane and wandered to Topeka. He was
heavily armed. Leedy was then COVER
nor and Healey was arrested at the gov
errors office b the police and placed in
jain He was seeking protection from
imaginary enemies. 1t happened that
Sheriff Hoover of Lincoln county was
in Topeka at the time, and swore out
warrant for Healey's arrest on the
charge Of insanity Healey was tried in
the Shawnee county probate court and
cent to the Topeka asylum. I. A.
Strauss. at the time chief of police, was
ointed guardian for Healey, but never
held any of his property. Instead the
Lincoln county probate court went
ahead and appointed John F. --inker as
HeaIey's guardian
The result of the double guardianship
brought out a big lawsuit which was
finally settled Friday in favor of Healey
by the supreme court.
Tinker took charge of Healey's prop
erty in Lincoln county, and when
holder of a mortgage against one OF
Healey's farms foreclOsed on the farm,
the papers were served on Tinker, as
guardian. When in 1904. Healey was
discharged from the Topeka asylum as
cured ne went Ddtk TO 44tlCblA COUNTY
and started fight to get back his
property which had been taken under
foreclosure. He claimed that the sheriff
deed issued to one Timothy Forau was
invalid, because the papers in the pro-
ceedings had never been served on l. A
Strauss. mis- legal guardian. The district
court decided he was right and held
that by paying off the S1.791 mortgage.
he could stil get back his farm. The
case was appealed to the supreme court
and affirmed. Then the attorneys for
Ecran asked for a rehearing on the
ground that the supreme court had fall
ed to consider one of the vital points
1u their case IN an opinion given FIJI
day, the supreme court admits that il
did not give the point the merited con-
sideratio but holds that after all the
point is not well taken. It was claimed
that notice lad to be served upon
Healey before the guardian could be
appointed. The court holds this to be
unnecessary under the circumstances in
the present case
Dirty Business, Says the Court.
The supreme court hands out a bis
terlng roast to Gambler Ben Levy OF
Kansas City. and to the city officials
Of Kansas City, in an opinion in the
Zen Levy case Levy Is professional
gambler. He paid Kansas City, Kan,
$1,000 as a license to run a gambling
house for a year. Afterwards the city
council tried to close him up. He got
an injunction against the city to pre-
censed business The court says:
This Is probably the first Instance in
the history Of the state that a profess
Eional criminal cOnfessing to a daily
violation Of the law has had the eff
ifrontery to apply to a court Of equity
Tor protection from arrest and public
prosecution. while he pursues his crini-
nal vocat ton. It would indeed, be
sad commentary on our jurisprudence
AZ justification could be found for
holding that license to commit crime
issued by a city administration could
be made the basis Ct equitable inteTfer-
fsnCe for the protection of the holder
from public prosecution while he con-
tinues to violate the law. The conduct
OF the parties is equally eulpable and
neither deserves any consideration at
the hands of a court"
Settles PIRmOndons Case.
The decision Of the supreme court in
the liquor case Of Chod Thomas from
CCwIey county settles the main points
from Shawnee county. The ruling is
Shat jcintist who violates an injunc-
tiou is not entitled to a jury trial.
Thomas was fined $500 and sentenced
70 six months in jail for violating an
Injunction, and that IS just about the
same dose that Plamondon got
The case IS also of great Importance
in the Kansas City, Kan, jointist in
functions, commenced by Paddock
Trickett the new assistant attorney
general. 1t means that Trickett's en-
Joined drug stores viii have to paw
about 10000 in enes.
Reversed the Wolff Case.
The case Of the Drover's Live Stock
Commission company against the
Charles Wolff Packing company was
reversed. This case was decided bv
tfs Shawnee county district court in
favor of Mr.. Wolf. Certain parties
sold TO the Charles Wolff company
part OF a herd Of mortgaged cattle
and later on the commission company
notified Wolf that the remainder Of
the herd would not fully assure the
mortgage. The Wolff company finally
had to take the cattle. and assume the
payment or Jhe mortgage. but came
out behind on the transaction. The
commission company then sued Wolff
for the deficit. and VOLTS defense was
that the number Of cattle had been
represented when he agreed to as
sumo the mortgage. The supreme
court holds that Violin must pay the
deacit
Lets Ted Broadhead Out Of Pen.
If a sheriff OF a county returns a
warrant to the county attorney stating
that the party can not be found. the
warrant loses its further virtue and no
arrest of the party al first named can
be made under the warrant A war
rant was issued against Ted Broad
head Of Elk county by justice OF the
peace Of that county in August 1899
Broad head was arrested later in Linn
county and sentenced to the penfteD-
In 1901 the sheriff of Elk county who
had in his hands all this time the war
rant issued there returned the warrant
30 the county attorney stating that his
man could not be found. The 10th day
Of March. 1905. upon the release of
Broadhead from the penitentiary an
attempt was made to arrest him on the
old warrant
The supreme court confirmed the
WRIT Of habeas corpus saving in its
syllabus in part When q warrant
which has been issued by q Justice Of
3he peace On a complaint charging the
person. whom the warrant commands
20 shsrl4 TO arrest. with q felony. Is