The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
VIM. Mcclure Convinced Court
~ of Its Value.
Upon That Rested Question OF
VIM. SINNERS Offense.
is 1T GRAND LARCENY?
Man From Whom It Was Stolen
Said 1t Was Worth $50.
Therefore, ManWho Stole 1t May
Have to Go to Penitentiary.


In the preliminary trial of VIM.
Skinner, held in city court this morn
ing, the defendant was bouno over to
district court in the sum OF 5000 on
the charge of grand larceny. Skinner
is charged with burglarizing the
Union Pacific coal chutes last month.
and taking therefrom two pistols
valued at So and a violin valued at
$50. The evidence was strong, as
Skinner pawned these articles Tor 80
at a local pawnshop the next day at
ter the robbery and could not account
for how they came into his possession.
An interesting phase of this trial was
the dissension between the attorneys
over the value of the articles in Ques-
ton. If the value Of the stolen prop
erty could have been proved to be
less than $50 then only petit instead
Of grand larceny could be charged
against the defendant. The contro-
versy hinged on the value of the
violin. An ordinary fiddle is worth
from $1.58 to SO, while a violin made
by some old time craftsman Of
Cremona such as Stradivarius or one
Of the Guarneri brothers or by Jacob
Stainer of Tyrol is worth from ST.
500 to $4,000. Now the violin in
question was claimed by VIM. Nc
CURE the complaining witness, to be
worth $50. He declared that he
bought the instrument for this sum,
paid cash in hand, and secured
duced in court and examined by the.
lawyers and Judge Simon. All the
legal lore Of these gentlemen was
useless in this crisis, so the conten-
ton of County Attorney Schenck that
the instrument was very valuable had
Al -
expert testimony. After court had
adjourned Mr.. Mcclure was prevailed
upon to play the Arkansas Traveller"
on his treasured instrument in order
to wipe away all doubts in the mind
OF the court as to the value of his
violin. After hearing this classic
the court and spectators were con-
WINGED that the violin was made in
Cremona by one OF the old masters
of the craft and that the maker must
have had this same tune In mind when
he fashioned the graceful curves and
wondrous capacity of the violin's arch
for sweet and moving strains of
melody. A close examination of Nc
Cures violin developed the fact that
it really was made as far back as the
year 1871 and is superior instru-
ment. It is we'll known that Judge
Dana of the district court is a lover
of classical music and County At
has Mcguire play the same tune he
played today in the same superb man
ner at the trial of the Skinner case
before Judge Dana next fall, his
honor will give the defendant ten
years for dissertation Of such an in
strument from the hands of such a
wizard Of the bow as Mcclure.
1.-THE law passed by the legislature
for the special protection of hotel
keepers does not accomplish its pur-
pose by a long shot, said County At
torney Schenck today, in speaking of
case that had been brought to his
notice. "a man named Ryon stopped
at the Copeland hotel a few weeks
ago during the knights Of Columbus
meeting here and ran up bill of
$3.50 under pretense of being one OF
the state lawyers Of that organization.
I could prosecute him for grand
protection law, but under the pro-
visions of this act can only charge
him with misdemeanor, and I can
not bring charges against him at all
if the notices about the law were not
properly posted in his room. The
fellow is now in North Dakota and ]
doubt very much whether or not he
can be extradited under this hotel
protection act. while without 1t, his
alleged offense would be grand lar
ceny, and he could be brought back
here. I understand that Ryon is
badly wanted in St. Joseph, Mo-, on a
forgery charge, and there are other
shady transactions laid at his door
The hotel men would be better off in
| a case of this kind il their special
protection law had never been en-
acted"
The district court spent the day
| wrestling with another damage suit
against the Topeka Bridge Co. This
one is brought by Ed Boyer. one OF
the workmen employed by the COM
| pany in the building Of the bridge
| over Smoky river. Boyer was injured
by a falling hammer while working
| inside a cassion sunk in the river for
| the purpose of building a pier. Boyer
wants $4,000 for his injuries. The
Chandler case against this same COM
pany was tried last week and resulted
in hung jury. Chandler wanted $780,
600 for his injuries sustained while
working for this company on bridge
over the creek at Auburndale.
The case of the Star Grain and
Lumber Co. VS.. the Santa Fe is set fol
trial tomorrow and will likely last sew.
eral days. This is an important case
The milling company Is suing the rail
road for damages in the sum Of ST..
290 on 81 counts on account Of the al
legged failure of the railroad to pro-
vide cars for grain shipments at the
| company's stations at LeLoup, Prince
| ton, Agricola, Wellsville, Waverly an6
| other points in Kansas as by law pro-
vided. In the 81 cases cited in the
petition some of them allege that car.
ordered and paid for October 27, 1906
were not delivered until December ]
of that year. The delinquency Of the
road in providing cars ranged all the
way from ten days to two and three
months according to the claims of the
defendant. The outcome of this case
will be watched closely by grain mer
and shippers all over the state.
| w. A. Morgan OF Cottonwood Falls
the newly elected commander of the