The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-15
Controversy Over Big Land Deal
in Federal Court.
Involves Question of Time Of
Building Trolley Line.
RETURN INDICTMENTS
Harry Mccoy, a Postal Clerk,
One Victim.
Pleads Guilty to Pilfering Money
From Letter.

Trying to collect $62, 600 from Topeka
capitalists is the effort which T. L.
Marsalise of New York City is making
in the United States circuit court to-
day through the medium of a suit for
damages for an alleged failure to de-
liver over stock contracted for. The
defendants named are Joab Mulvane,
John r. Mulvane, T. B. Sweet, A w.
Knowles and Hiram P. Dillon.
The five men were interested in the
Midway Land company of Texas, own
ing and controlling go acres Of land
lying about four miles west of Dallas
and between Dallas and FIT. Worth.
The company was organized about 1890
with 2,700 shares, having a par value
Of 800 each, the capital stock Of the
company being therefore $270.000
In 1899 the five men who were the
principal owners Of the land purchased
most of the interests Of the smaller
stockholders and held a large majority
of the stock.
In 1900 and 1901 T. L. Marsalise COM
menced the promotion of an electric
railway line between Dallas and FIT.
Worth and in the course of his plans
entered into contract in 1901 with the
Topeka men who owned the tract of
270 acres under which the line Of rail-
road was to run through the tract at a
certain designated location and that
the road should be in operation by
March 1, 1902. In return for the full
fllment Of this agreement the five To-
peka men agreed to deliver over S26
shares Of stock in the Midway Land
company to Marsalise and two of his
associates. The ground was plated for
residence purposes and the electric line
was built between the two towns and
is now in operation. It is claimed by
the five defendants that the road was
not completed within the time agreed
upon nor was it constructed across the
land in the location mentioned in the
contract entered in by the defendants
and the plaintiff. To this Marsalise
makes objection, claiming that he did
have the road built and equipped by
March /, 1902, that the line was located
through a different part of the tract of
land but as the result Of a modification
of the original contract.
Marsalise at least did not get the
stock that he claims he was entitled to
and now sues to recover what he con-
siders the worth of the stock at the
time he had finished the completion of
the road in 1902, this being at the rate
of $75 per share.
The interests of the Topeka parties
in the land have been disposed Of and
Marsalise claims he never secured a
settlement. He secured the interests of
his two associates and is the sole plain
tiff in the present action.
Five indictments were returned by
the federal grand jury this morning.
Two of the five were against persons
accused of sending obscene letters
through the mail, two were for parties
who had engaged in the sale of liquor
without having first obtained a retail
liquor dealers license from the gov
eminent, while the fifth was against
Harry R. Mccoy, a postal clerk at tn e
Armour station at Kansas City, Kan,
who is charged with having taken
$3.50 out of letter mailed at the
postoffice where he was working.
Mccoy appeared before Judge Pol
lock this morning and pleaded guilty
to the indictment. In reply to Ques-
lions, Mccoy stated that he had been
employed as a postal clerk for four
years and a half, was married and
had two children.
what made you do this?" asked
the judge.
ct was desperate with creditors
worrying me and I perhaps didn't real
ize what 1 was doing when 1 took the
money" said Mccoy, who is a young
man of prepossessing appearance.
The deed was committed by Mccoy
on the 18th of February this wear. The
letter containing the money was ad-
dressed to Stella Johnson OF Denison,