The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-12
WAS 1T ISLANDER
Norton County Town Gossip
Gets Into Supreme Court.
One Man Sued Another for
Talking About Him.
CASE WAS THROWN OUT.
Then the Injured Person APP
peaIed the Case.
Judge Forced Verdict
in Spite of Jury.
CASE WAS THROWN OUT

y
An interesting lawsuit from Norton
county was filed today in the supreme
court. H F. Bashford sued L. d. Wells
for SANDER, and asked for $1,000 dam
ages. He wanted 81 900 apiece for five
| different occasions on which he alleged
that Wells had said to different people,
| in substance, that he caught Bashford
out late at night on June 49, 1905, with
woman. Bashford said that this story
was injuring his reputation with the
| people of his community, because the
! inference was that he was untrue to his
| wife.
Mr.. Wells came back with an answer
| which was of a decidedly unusual char
acter. He denied that he had slandered
| Bashford, and declared, as a matter of
fact, that Bashford had been out at a
| certain place on the railroad right of
way on the night mentioned with u
| woman unknown to the defense and
! that on that occasion he was guilty of
improper conduct with the aforesaid
woman.
Wells attorneys demurred to the plain
tifS petition on the ground that 1t did
not charge Wells with anything They
said that even admitting that Wells had
said what it was charged he had said,
there was no SANDER in it, except as
Bashford assumed there was Islander in
it by innuendo. The court sustained
the demurrer and Bashford appeals.
Another interesting western Kansas
case which was appealed yesterday is
harmless looking little proceeding in
which ]. NJ. Neville and E. w. Simpson
sued T. H. Winn for a settlement on
real estate deal, in which the plaintiffs
acted as agents. The amount claimed
was $3S7.5O. Winn claimed that Neville
& Thompson misrepresented facts, and
that as a counter claim, should pay
him $3.50 for travelling expenses incurred
on their account. Judge William E.
Hutchinson, who was trying the case,
came to the conclusion that on the law,
a verdict should be rendered for the
plaintiffs, and against Winn. He in
structed the jury to sign such a verdict
without leaving their seats.
The jury. manifesting true western
independence, rebelled. The attorneys
for Winn asked that the jury be polled,
and here are some of the replies given
when the court asked the various mem
bers if the verdict was theirs:
Mr.. Bruce: NO. sir. I would rather
have the evidence; I rather review the
evidence before giving my verdict in
the matter
he had agreed to try the case according
to the law as interpreted by the court
and the court instructed him to find a
verdict.
Bruce, Il suppose it will be my YER
dict"
Mr.. Weber was asked if it was his
verdict
mo, not exactly he said. "but I'M
der that ruling 1 suppose 1 will have
to accept it,
Mr. Gear said: TT amt my verdict,
but according to the ruling, I suppose
it has to be. but 1 think the next time
you won't need any jury"
Mr.. Mitchell: mo. sir. as I under
stand this case it amt. / understood
that the judge would give the instruc-
tons, and we would be the judges of
the evidence"
The court explained that the law
warranted verdict. and Mitchell re-
luctantly agreed.
The judgment was for 1897, and
Winn, through his attorneys. E. r.
Thorpe and w. r. Hopkins, appealed.
The case of w. o. Beardwell against
the Union Pacific was appealed from
Graham county by the Union Pacific.
Beardwell shipped 232 hogs in August,
1905, from Morland and Hill City to
Kansas City. The hogs lay in the hot
sun at Salina for eight hours. and
three died of heat. Beardwell claimed
that there was a serious shrinkage in
the remaining hogs, and sued for $3.50.
He got a judgment for $249-50, and
the railroad company appeals.
A case involving only 1925 was APP
pealed from Finney county today. 1t
was that of John Mangan against the
Finney County Farmers Irrigation
company. Mangan claimed that he
had been shut off from getting water
from the irrigation ditch, and that he
had sustained damage amounting to
$125. The jury found for the defend
ant company.
The case of Mary Cotton VS.. George
w. Earl and others was appealed from
Riley county. The opposing attorneys
agreed upon most of the facts in the
case which involved the title and
rentals to certain land and the de-
cision of the court was in favor of
Earl.
Scott county today sent up to the
supreme court the case of Marker & |
KiIburn VS.. L. NJ. Tough. 1t is a suit |
to collect $500 commission on a big
land deal which the plaintiffs claim to
have arranged for Tough. The lower |
court gave judgment for the full
Judge c. E. Lobdell then set
the verdict aside and granted new
trial on the ground that the contract |
alleged was nonenforceable- The !
plaintiffs appealed from this ruling
Murderer Dies in Jail.
bloomington Ill. June 12.-Thomas
Baldwin, slayer of four persons, died