The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-23
IN The COURTS
First Reciprocal Demurrage
Suit Is on Trial.
Regarded by Interested Persons
as Test Case.
WILL REQUIRE A WEEK
Every Point Is Being Bitterly
Contested.
Chief Eaton Looking for That
$1,000 Reward.
WILL REQUIRE A WEEK

Monday will continue all through the
week. This is the first law suit under
the reciprocal demurrage law which
provides a fine of 81 per day for each
days failure of a railroad company to
provide cars for a shipper within a
reasonable length of time after the or
DER so 1t may be called test case, the
outcome Of which will be watched with
interest by the state at large. Carr
Taylor and Ed McKeever represent the
plaintiff, and w. r. Smith, o. J. Wood
and Mr.. Osmond are attorneys for the
railroad. The case is being tried by
Judge Dana and has been holly con-
tested on law points through every
stage of It's progress.
The two cases Of the grain company
against the railroad were combined in
one, and there are over one hundred
counts in the allegation. C. A. Smith,
manager Of the North Star Grain COM
pany, has been on the stand since
Monday morning and is the principal
witness for the plaintiff. His testi-
mony is to the effect that during the
fall of 1905 over 100 orders for cars by
his company for its grain stations at
Princeton, Welder, Hall Summit, Sharp,
Waverly, LeLoup, Wellsville, and 9TH
er places along the Santa Fee were de-
layed in the filling for periods Of from
two weeks to two months beyond the
time limit fixed by law. The damage
to the grain company and the fines for
violation Of the law amount to about
$500. The railroad company attorneys
are using every technicality of the law
in fighting the case. Several weeks ago
an attempt was made to try this case
before a jury but the law points were
SO numerous and complex that it was
agreed by consent to have Judge Dana
try the case. 1t is expected that this
case will occupy the court from Mon
day to Saturday. Judge Dana's decis-
sion in this important test case be-
tween shipper and railroad Will be
awaited with interest.
Chief Of Police Eaton denies the re-
port by the postoffce authorities that
Charles Savage, the negro mail pouch
thief, who is suspected of having made
the $4,000 haul from the Kansas City
postoffice couple of weeks ago, and
for whom a reward of $4,000 is ofrer-
ed, stopped off, in Topeka between
trains on his way west after the rob-
berry. The chief received information
about Savage and his suspected COM
plfcity in the big robbery the day after
| 1t happened and the Kansas City CHIEF
of police sent full description of Saw
age. alias johnson. The chief and
| five of his officers were watching for
Savage aH7the time and do not believe
| that he stopped off here at all, or ever
| came this way on his supposed triI
west THAT $4,000 reward looked
good to me-" said Chief Eaton, ir
lost sleep watching for Savage. I dc
not believe he stopped off here at all
| even if he came this way. which 1 also
| doubt"
Five negro and two white girls were
l 1oc CT MI for cfrQaf watkins
| and fined in police court today. The
| police are trying to put stop entirely
| to this violation Of the ordinances.
John Riley was arrested on a petty
larceny charge and M. L. Cox or
| charge of carrying concealed weapons
| and both turned over to the county
| today on warrant.
Jennie Galletly has filed suit for di
vorce against Link Galletly. allegine
| cruelty and immortality in her peti
| ton. She says that she was married
/ to the defendant twenty-one years ago
and that for some time past he ha!
practiced extreme cruelty toward hel
| and accused her of being unfaithfuI t
him. That one night she caught hin
| on the state house grounds in com
pany with another woman ana tina
| they were acting in an indecent man
| ner- She states that defendant is ;
locomotive engineer in the employ o
| the santa Fe, and makes, $3.50 pc
| month, and asks for alimony and
| restraining order to prevent him from
i molesting her, as she fears persona
| violence at his hands.
| r. w. Andrews, a well known farm
err of Rossvi1le, reported to Count
| Clerk Zimmerman today that ne ha
| been damaged in the sum of abou
$1,000 by the recent floods. He say
that his wheat field of 500 acres wa
ruined and also 100 acres of oats an
so acres of corn.
| w. Bowman, charged with stealin
a grip full Of clothes belonging to
| couple Of linemen in the employ o
the Bell Telephone company wa
tried today in city court and fined 5
and costs and sentenced to ten days 4
Jail. The clothes, valued at $26.5t
were recovered.
/. Mrs. George H. Perry. living o.
Kline street, today swore out a war
!: rant for her husband on charge @
that her erring husband had been liv
ing with this girl for a long time
George Perry was formerly we
known here as a barkeeper during IN
days of the joints, and is now trave,
ing for a Kansas City liquor house. ]
is understood that he stayed last nigh
at Seneca. Kan Sheriff Wilkerso
| expects to effect his capture tonigh
Mrs. Perry learned Of her husband
infidelity through a missent lette
| -bJoI, ropt RI the wife inatead of tn