The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-06
DEWEY WINS NOW.
Missouri Pacific Again Beaten
1continned from page one.l

0SC4SAOH rendered AT the Adafcn SlLlilB
IN the case of the Missouri Pacific
Railway company against the Peru
Vanzandt Implement company OF
Hutchinson- The re-hear ring was
granted upon the proposition of law
stated in the former syllabus which
reads: When a common carrier neg
ligently delays the delivery of goods so
that the damages occasioned by such
delay exceeds the amount Of freight
due for the transportation Of such
goods. the consigTee may rightfully
demand the delivery of the goods
without payment Of freight and q re-
fusal by the carrier to surrender pos
session upon such demand is wrong
full and amounts to a conversion" The
Missouri Pacific objected to this
statement Of the law and insisted that
it was opposed to both reason and
authority The court holds, however,
that the rule stated in the former syl-
labus is more in harmony with mod
ern procedure and more in conson-
ance with fairness between the par
ties and less liable to lead to embar-
rassment than the rule contended for
by the railway company
Wooden Mill Case Reversed.
The case of w. H. Van Dusen from
Shawnee county. was reversed. Mr..
Van Dusen claimed an equity in the
property purchased by the Topeka
Wooden mills. through purchase from
Sarah +. Weidler. The wooden mill
bought up all the liens on the property
except the Weidler lein. and this is the
one in dispute. The court says:
1.-The disputed facts establish a
prima facie case for the plaintiff, and
he was entitled to recover unless the
evidence relied upon by the defendant,
if accepted as true, show an affirmative
defense"
The court proceeds to hold that the
lower court was in error in deciding
the case for the wooden mill, and re-
verses the decision
Hamilton Must Suffer Penalty.
William Fl. Hamilton's appeal from
the sentence of the Thomas county
district court was not sustained by the
supreme court. Hamilton was charged
with a statutory crime upon his daugh-
ter. Clara Hamilton. a child fifteen
years of age. Clara Hamilton swoFe to
the complaint against her father but
at the time of the trial when called as
a witness denied the truth of her
statements in the Gem plant and as
serted that her father was not guilty.
The trial court permitted the attorney
for the state to cross examine her at
great length and as she. still insisted
that her father was not guilty, the
court at the suggestion of the county
attorney placed her in the custody of
the sheriff and adjourned the trial until
the next day. At the same time the
court expressed the belief that the
child was under the influence of others
and threatened to have prosecutions
begun against her for perjury and
against others for subOrnatiOn Of per-
jury. The following morning she was
again placed on the stand, denied her
testimony of the day previous and ad-
mitted the truth of the charges in the
complaint. There was objection made
by the defense to the action of the
court and also to the competency OF
the jury, but the supreme court holds
that the conviction shouI dbe sustained.
Fight for Katy Land.
The case of Lucinda Brandon ct al
against Newton L. Ard from Allen
county, which has gone through the
supreme court of the United States
once. and is now headed in the same
direction again, was decided by the
Kansas supreme court today in favor
of Ard. The fight is for the possession
of some of the much talked of katy"
land. Ard claims title through a
homestead entry. and the other claim
ants claim title through deed from the
NJ X & T. railway. The district and
supreme courts of Kansas has decided
in favor Of Ard. but the supreme court
OF the United States reversed the de-
cision in the former hearings.
Back to sherim's Custody.
Thomas B. Smith, who commenced
action in the supreme court to secure
his release from Jail in Atchison
county by habeas corpus proceedings
was renanded to the custody of the
sheriff, and will have to pay the
amount of alimony which was awarded
to his wife.
The injured wife, Ida K. Smith. pro-
cured a judgment of divorce from her
husband and the judgment recited
that the question of alimony had been
settled by agreement. Afterwards
Mrs. Smith instituted proceedings in
the district court charging that the
aIimony had not been paid. The court
tried to force Smith to pay, and when
tempt. He brought the habeas corpus
suit to secure his release.
Murder Case Affirmed.
The case of Robert L. Hinchman
who was convicted in Doniphan coun-
ty Of numbering his wife, was affirmed
Hinchman and his wife had a quarrel
about the possession of their child,
after they had been separated for
some years. Hfnchman secured a war
rant for his wife's arrest, and went to
the house where his wife was staying
with the cOnstables tC serve the war
rant. Hinchman and his wife met al
the door and commenced shooting al
each other Hfnchman claims that he
shot in self defense, but at any rate
he killed his wife. and took posses
sion Of the child. The jury found him
guilty Of murder.
The following opinions We're handed
down by the court
JOHNSTON. c. J.
Josiah Scott vs.. E. G. Williams; err
ror from Sumner county. Affirmed.
state of Kansas vs.. J. L Bursaw
appeal from Morris county. Affirmed.
GREENE. J.
Lucinda Brandon ct al vs.. Newton L
Ard; error from Alien county Affirm
BURCH, J.
State of Kansas vs.. Robert L Hinch.
man; appeal from Dopiphan county
Affirmed.
W. n. yanDusen VS. the Topeka
Willen Mil Co; error from shawnes