The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-13
SUES FOR ISLANDER.
Clyde L. Sayler Charges That A. HI.
Bates Damaged Him.

Thirty-five thousand dollars dam
ages for the alleged defamation of his
character and the injury to his affairs
| incident thereto are demanded by
Clyde L. Sayler. farmer, in a suit
| which he has begun in the district
court against A. H. Bates, one of To-
peka's wealthy citizens and who was
the first president, of the new Capital
National bank. Petitioning papers in
this rather sensational suit were filed
with the clerk of the district court on
saturday afternoon by D. c. Tillotson,
attorney for Sayler. Mr.. SayIer has
four causes of action, on three of
which he demands $4,000 damages
each and on the fourth $4,000.
Mr.. Bates, through his attorneys,
Wheeler and Switzer, made the brief
statement today that there was abso-
lutely and unQualihedly no foundation
for the action brought by Mr.. Sayler
against him. Specific denial of the al
legations in the suit will be made in
the answer to 1t which Mr.. Bates at
tOrneys will make in the near future.
In his petition, on which he bases
his action for the large monetary dam
ages, Mr.. Sayler sets up that he is a
married man, an extensive farmer and
stock dealer and that in his operations
of four hundred acre farm near
Pauline he handles a large amount of
stock and feed of the average annual
value of $4,000. That in acquiring
the farm and personal property on it
Mr.. Sayler claims to have become In
debted to the extent of $4,000 and in
conducting his business it was neces-
sary for him to have extensive credit.
Mr.. Sayler declares that Mr.. Bates is a
man of great wealth and for long
time has been loaning money and con-
nected with institutions loaning money
and that at one time he was president
of the Capital National bank.
Mr.. Sayler then proceeds to set up
kl@N TrY1xr
home of w. w. Gibbs. Mr.. Bates in the
presence of Mr.. Gibbs and his wife
stated that "Clyde Sayler attempted
to and threatened to knock his wife
down in the street and that she had to
run to me in my bank for protection"
Mr.. Sayler declares that this statement
meant that he had publicly threatened
and attempted to beat and MAIN ms
wife and attempted to infiict bodily
harm on her which was prevented by |
the gallant protection" of Mr.. Bates |
1t is Mr.. Sayler's contention this state
ment of Mr.. Bates purposeIy, 1alsely |
and maliciously accused the plaintiff
of the commission of a crime against |
the laws of the state and that those |
words intended to provoke Sayler to
anger and exposed MIN 10 pupl nc
deprive him of the benefits OF PUBIC |
confidence and social intercourse. MI
Sayler declares that he has been dam
aged by this statement to the extent
of $1,000.
Another cause Of action is the allie
cation by Mr.. Sayler that on or bout
February l, 1907 in the city jail mere
and in the presence of Mr. Donovan
the chief of police, Mr.. Bates used the
following false. scandalous and de-
famatory words, He (meaning Mr..
Sayler) has been often arrested under
an assumed name" Mr.. Sayler inter-
Bates charged him with being guilty
Of crime and known as criminal and
that the words were intended TO pro-
yoke him to wrath and expose him to
and to deprive him of the benefits OF
public confidence and social inter-
course. He claims that this state
ment damaged him and injured him
to the extent of $4,000.
A third $1,000 DANA ges is demanded
oy Mr. Sayler on the allegation that on
Or about March l, 1907, in the pres
snce of James A. Troutman and others
whose names are not known, Mr.
Bates said: &C. i. Sayler has been Of
ten drunk on the streets of Topeka
and has been arrested therefor" Mr..
Sayler declares that this remark
could only be Interpreted as meaning
hat he had been drunk in public
places and that such a remark defam-
I'd him greatly.
For the last cause of action Mr.. Say
er claims that sometime ago. the ex-
act date being unknown, Mr.. Bates
1efraud Mr.. Sayler out of the four
hundred acre farm near Pauline and
,ut of the profits of the stock raising
md the dealing connected Herewith
md that to accomplish this purpose
Mr. Bates set about defaming Mr.. Say
er with the intention to provoke him
o wrath and to expose him to public
idicule and hatred and deprive him
# public confidence.
In continuing this alleged design
.1r. Sayler accuses Mr.. Bates of ut
er:ng the scandalous words and
tatements mentioned previously and
n continuing to make others. Mr..
;ayler claims that Mr.. Bates in the
presence of Mrs. Evarts during Aug
lst. 1906, said. "Mr. Sayler treats his
wife like a dog" This statement is
Interpreted by Mr.. Sayler meaning
hat he mistreated his family and
vas therefore unworthy of public con-
Idence.
FOREIGNERS POURING IN. 8