The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-27
Its Work in District Court Is
Completed.
Star Milling Company Case Up
to Judge Dana.
ACKNOWLEDGEMENT
Heirs of Michael Schwartz in
Court.
Lena Lynch Snes p. r. Lynch
for Divorce.

Judge Dana this morning dismissed
the jury for the Aprilterm after thank
Ing the members for the creditable and
faithful manner in which they had per-
formed their duties during their long
service in court since April Z. The case
of the Star Milling Co VS.. the Santa
Fe which was begun in district court
Tuesday morning was taken away
from the jury by agreement of both
parties to the suit. during the after
noon session and will be tried before
Judge Dana June %. During the intro
duction of testimony in this case dur
Ing the day 1t developed that SO many
technical law. points came up in the
Introduction of testimony that a trial
by jury would consume five or six days,
SO the court will hear the case and the
objections and splitting of legal hairs
by the lawyers will practically be elm
mated. This is very important case,
the plaintiffs asking for $3.50 damages
on account of the alleged failure of de-
PENDANTS to supply cars for grain ship
ments in 81 cases. In one instance a
delay of two months is alleged.
When the case Of Fuller VS.. The To-
peka Casket Co. came on for trial this
morning it was continued by consent.
An effort was made to try the case of
the National Bank of Commerce VS.
Warner today, but this failed because
of the illness. of an important witness.
This case was set for Thursday on the
docket. 1t will have to go over to the
next term. Court adjourned to next
Monday morning.
Mary, Edward, William, Jessie and
Josephine Schwartz and Anna and
William Bistos and Amelia and Lewis
Collins, all heirs of the late Michael
Schwartz, filed suit today against
Joseph Schwartz, also an5 heir of
Michael Schwartz for a division of the
latter'S property which consists of one
acre of land located in North Topeka
on Central avenue and valued at about
$1,000. The plaintiffs allege in the petit
ton that they are the heirs at law of
Michael Schwartz and that Mary, the
widow, is entitled to one-half of said
estate, and the other plaintiffs, being
children of deceased, are entitled to
one-twelfth interest each. That Joseph,
a son, and the defendant in this case,
Is also entitled to his interest, but
that he cannot be found, and they pray
for a division or sale of the property
by the court.
Lena Lynch filed suit for divorce in
the district clerks office yesterday
evening against P. r. Lynch, her hus-
band. and she alleges in. her petition
that Lynch is employed by,cthe Rock
Island as an operator at 81 per month
that he has been cruel and abusive to
her, threatening her life and at one
time striking her with his fist. She al
leges nonsupport and neglect and
wants the court to restrain defendant
from doing her bodily harm, from
drawing his wages from the railroad
and from taking forcible possession of
their minor child. She asks for $500
alimony
Mary L. Price, an aged negro woman
will be tried in probate court this af-
ternoon regarding her sanity. She is
said to be violently insane.
The police set another obstacle in
the way of the drinkers of booze to-
day when they arrested IF Frank Muir
ply on charge of maintaining a nuis-
ance at his billiard hall at 222 Kansas
avenue. The police declare that Muir
ply allows certain persons to bring
beer purchased at drug stores to his
place and drink it. His conviction will
mean the destruction of one of the last
and few remaining Ravens of refuge
OF the thirsty ones in Topeka.
May Burns was arrested yesterday
on charge of conducting a disordery
house at AIS East Fourth street May
was taken suddenly i'll at the police
station with an attack of heart failure
and had to be removed to the emer-
gency hospital and heroic measures re-