The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-02
IN THE COURTS.
An Echo of GilmOreSeWer TrOu.
BILE With City.
Brick Company Brings Action
Against Contractor.
QUARREL OVER LAND.
ID. w. Boutwell, Defendant in an
Ejectment Suit.
QUARREL OVER LAND.

The Capital City Vitrified Brick and
Paving company yesterday filed suit
against M. w. Gilmore and the U. 3
Fidelity company for payment OF 81
74071 alleged to be due for brick bought
by defendant, Gilmore, of the plaintiffs
The petition alleges that the Fidelity
and Guarantee company are suretles
for Gilmore. That Gilmore bought
during June of last year 1928 square
feet of brick from plaintiffs, at cents
per square foot, for the purpose OF
laying sidewalks in this city. That OF
the s6,16s the defendant agreed to pay
for these brick he has paid only $6,O23,
leaving a balance of 81 TAO unpaid and
long past due. That the bill for this
brick has been allowed by the city or
Topeka, but is withheld on account OF
other suits pending in the courts be-
tween Gilmore and the city The origin
of this legal controversy dates back to
the construction of the Fifth ward
sewer by Gilmore. The city mas nieo
suit for damages over the alleged faul-
ty construction of this sewer. Gilmore
has filed suit for payment of sidewalks
he has constructed for the city. Inc
city refuses to pay for the sidewalks
until Gilmore makes good on the sewer.
Judge Dana has these two suits under
advisement at this time. The filing OF
this third suit will still further compll-
cate matters.
L. H Wehe filed suit yesterday
against D. w, Boutwell, and wife, F1Asd
W. Boutwell, and D. E. DeLong, in
which he asks for possession OF his
property lying in Lynn's addition to
the city of Topeka. He alleges that he
received a conveyance of this land
and P H. Coney. That D. w. Bout
we'll has even leased this land to F. e.
belong and the latter is raising a crop
on the same. That Boutwell, and De-
Long have quarreled and are now
quarre1ing among themselves over the
terms of the illegal lease Of this prop
erty and that only this week Boutwell,
was fined in city court for drawing
a pistol on DeLong. Mr.. Wehe asks
for $40 damages, possession OF MS
| while this case is pending. Back OF this
| suit lies a very interesting story D.
W. Boutwell, is an old soldier with q
| record for gallantry during the Civil
war. He was elected from this land
last winter by order of the district
court and it required three deputy
sheriffs to carry him off the prem
| ises He claimed that he mad been
| in peaceable possession of the pace
| for fifteen years and could not under
stand why any court could dispossess
| him at this late date. deed or no deed.
About three weeks ago rumors of war
commenced to come in from the
stronghold of the old soldier DeLons,
time, asked the sheriff for protection
| from the threats of Boutwell,. Finally
| last week Boutwell, drew gun on De-
Long and a warrant was issued for
! the old soldier. He surrendered to the
| city court and was fined 81 and costs
| Monday. He refused to pay the costs
and is now in jail
Dempsey Parker, who has been in
Ed Morrand plead guilty today in
police court to disturbing the peace
of Mr.. Wilson. a neighbor in Quinton
| Heights, and paid IS fine.
County Commissioner Harrison.
who returned the other day from q
trip to Dodge City. states that the rain
belt extends only as far west as a few
miles this side of Dodge. The country
out there is suffering still from q long
drouth. This dry condition of the west
part of the state forms a marked con-
| trast to the extremely wet weather OF
the past month that has visited all the
eastern part of Kansas.
Detectives Hutton and Sauls picked
up E. Rebnier, an escaped inmate of
the asylum, on Buchanan street Sat
urday evening. The man is not dan
trial on a burglary charge, was re-
leased today on 800 bond to appear
at the November term of the distric,
court.
gerous nor was he acting badly when
captured, but he is one of the incur
ables at the institution. When accost-
ed by the officers Regnier was smok-
ing a pipe Of his own make that is
quite a curiosity. The bowl is COM
posed of a section of a broom handle
about eight inches long with a two
inch section of gas pipe fastened or
the end. This gas pipe is the recep-
tacle for holding the tobacco. piece
of stick, followed out, answered for
the stem. Strange to say this pipe
had draft like furnace and the lu-