The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-29
IN THE COURTS.
Barnes VIII Case Is Again Before
Judge Dana.

For the third time this term the
Barnes case was started in district
court this morning before Judge Dana
The case had been twice continued by
consent. Property of the late Samuel
Barnes to the value of SIS. 900 is in
volved in this suit. and the three
sons by Mr.. Barnes first wife are
contending with his widow by Sec
ond marriage for the property. There
are six of these cases on the docket,
but the one on trial at this time con-
Germs $4,000 in life insurance which
had been first made out in favor of
the first wife, then the three sons, and
finally transferred to the present Mrs.
Barnes.
The widow and her witnesses have
all testified to an ante-nuptial contract
between Mr.. Barnes and his wife by
which she was to have his life insur-
ance and all his property; that he had
given his sons all they should ever
have. The Barnes boys, on the stand
today. testified that by a previous con-
tract made between Samuel Barnes
and their mother before she died, he
was to and did transfer his insurance
policies from her to her sons. and
was to turn over to them all the prop
erty, of which she had given him her
share, as a trust fund. Attorneys for
the Barnes boys started to show today
by examination of witnesses that S.
Barnes. while he lay sick at the
hospital before his death, accused his
| wife of inf1delity to him by her rela-
tons with a roomer named Brown,
| and with other men; also that he be-
| lieved that she attempted to poison
| him. but Judge Dana ruled this evil
| dence out of court for the present
| time, holding that the gist of the case
| lay in whether or not there was an
ante-nuptial contract between Mr..
| Barnes and his present widow, and
whether or not there was a previous
| contract between Mr.. Barnes and his
| disposition of the insurance and the
| trust fund. Mr.. Barnes had started
| divorce proceedings against his wife
| before he died, but they had not come
| to trial. Mrs. Barnes alleges a con-
| spiracy on the part of the three sons,
| Harry, Elmer and Fred E. Barnes, to
estrange the affections of her husband,
| and that they made false representa-
| lions to their father about her in or
| der to defraud her out of her rights.
| These are six of these cases over the
estate of S. Barnes and they will likely
occupy the court the greater part of
| this week. Ca
| The case against Esau Kallao, the
! Turkish missionary from Kurdistan,
| lenses from the home of Mrs. DIR.
Baker, will be tried in city court
| Tuesday morning. Ex-Judge Frank P.
Lindsey will look after the interests
of the supposed missionary from the
domains of Mohammed.
o. p. and NJ. G. Updegraf have
| filed suit against John and Claudine
May, alleging that the defendants pur-
chased a house at 434 Reno avenue
in Norton's addition to Topeka in De-
cember, 1902, from the plaintiffs for
the sum of $685. and took possession
of and still retain and refuse to give
possession of this property. and yet
have refused to pay over any part of
! the purchase price, nor have they
plaintiffs ask for 1902 or possession of
| the property and damages.
D. Cohn was fined So in police
court today for exposing merchandise
for sale on the Sabbath. Cohn has a
place of business on Kansas avenue
| in the 200 block.
William Tyler, a deserter from Fort
Riley. was picked up by the officers
last night and is being held for in
formation. He declares that he is alb
sent from the post on leave.
Johanna Adams, the negress,
known to the police as 1.-The Queen of
| the Bottoms" was arrested Saturday
charge of disturbing the peace and
will be tried this evening in police
court The officers had called at her
place to try and locate some booze
and she cursed them from Alpha to
Omega. Queen Johanna is terror.
"She is the worst woman, black or
| white, in Topeka said Chief Eaton
today.
The police raided crap game back
of the Sumner school house at West
| ern avenue and Fourth street Sunday
and caught the following boys rolling
| the bones: Clarence Maston, plumber,
| age FL years; Bertrand Forcell, baker.
age II; Philip Myers, pressman, age
Is: Bert Taylor, school boy, age IA,
There were several other boys in the
party, but they got away from the
three officers. Their arrest and a
fine in police court will be the best
| thing that could happen to these
youthful gamblers.
In fight at Garfield park last
night Clarence Olson, a boy, was
struck in the face with a beer bottle
and his right eye knocked out of his
head. Nels. Olson. the boys father.
appeared before the county attorney
this morning and swore out a warrant
for the arrest of Guy Carr, charging
him with the assault upon his son.
Gus Wilmets was tried in city court
Saturday and fined $50 and costs for
assault and battery upon Mrs O'Neil,
a lady aged SO years The
assault occurred in the O'Neil home
in North Topeka over a month ago.
The case was postponed several times
| in order to allow the complaining wit
ness time to recover from her in
juries. Wilmetz has not yet filed his
appeal bond, but it is understood that
he will do so.
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