The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-13
TAKE ALL OR NONE
County Commissioners Refuse
to Compromise on Bond.
Samuel Lieberman Must Pay
$4,000 for Leaving Town.
OFFERS TO PAY HALF.
All the Money Can Be Col
lected.
Galen Nichols Offer to COmprO-
mise Turned Down.
OFFERS TO PAY HALF

Attorney Galen Nichols appeared
before the board of county commits
s1oners this morning ana MADE a
proposition to COMPROMISE the $z,oOO
| bond given by Samuel Lieberman to
guarantee his appearance Tor trial IN
the district court on numerous charges
OF receiving stolen property. me or
fer made was fifty cents on the dollar
| but was declined as the bondsman j
this case is j. w. Thurston, cashf I
of the Bank of Topeka.
Lieberman. who Is of Jewish per-
suasion. moved into the city ABOUT Two
years ago and Immediately opened q
junk shop on lower Kansas avenue and
almost Immediately the Santa Fe rail-
road began to miss brass in wholesale
quantities. The thefts continued Tor
weeks while H. II. German, chief OF
, the secret service department of the
road, and his men spent sleepless
nights in search of the thieves.
One night they came upon members
of the brass thieves lust as they were
breaking into a house where large
on the gang. One of them was wound
ed and afterwards captured and
through hi NIT was learned that there
was an organized band of thieves sys-
tematically robbing the roa Thei5
plumber was sold to Lieberman ana
he was arrested on five counts ana
gave bond for his appearance.
His brother in Kansas City deposited
$2,25O with Kansas City Dank Wn1ch
in turn Unidentified the Bank OF To-
peka and Cashier Thurston signed an
appearance bond. Lieberman agreed
to plead guilty to petit larceny on nVe
counts and the arrangements con-
sumed nearly all of the morning set
for the trial of the case. Lieberman's
attorneys asked that the Defendant De
allowed to consult with them during
the noon hour. stating that ne Woulo
appear for sentence at O'CLOCK Dur
I, 1icy..r 0doT cd
never been seen since and the brother
in Kansas CITY has since dropped out
of sight though $2,25O is heId by the
Kansas City bank as MISUNDERSTANDING
the bond which they have guaranteed
The county board feels that at least
this amount should be turned over 70
the county and Will insist on the pay
ment which will probably result In a
suit for the amount of the bond. IL
this suit is brought it will settle
question which has been a mooted one
among the lawyers of the state. The
contention of the defense will be that
the complaint charges Lieberman
with receiving stolen property and
that it was afterwards changed to
petit larceny and that the bondsmen
are not liable for the bond.
Galen Nichols this morning made a
proposition to the county commission
ers to compromise judgment for
$1,000 and interest for three years
which he has against the county by
accepting $1,000 as payment in full
for the judgment and interest. This
too was rejected by the board. While
Mr.. Nichols was county attorney
Kupers & Thatcher brought suit for
s. 900 for extra work which they
claimed had been done by the firm in
the construction of the Melan arch
bridge.
The matter was taken to the feder-
al court and demurrer entered by
the county attorney who soon after
wards moved to Kansas City. The de-
murrer vas sustained and the case
was afterwards compromised by the
county board which paid $1,000 in
settlement of all claims against the
county.
AS county attorney Mr.. Nichols
claimed that he was entitled to extra
compensation for the attention given
the case during the trial in the feder-
al court at Leavenworth. The case
was tried in the district court and