The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-02
County Clerk Zimmerman on
That Stock Deal.
Complains Because He Can't
Get the Papers.
AN ARREST is MADE.
H. B. Kelly Fined for Lecturing
the County Clerk.
Affidavits Received Today But
Still He Isn't Satisfied.

The controversy over the Kelly and
Kelly sale of Missouri Pacific rail-
road stock for Shawnee county, reach
ed a climax Saturday afternoon when
H. B. Kelly, the senior member of
the firm of Kelly and Kelly, bond
brokers, abused and cursed County
Clerk Zimmerman's actions connected
with the stocks. Zimmerman secured
q warrant from the chief of police
charging Kelly with disturbing the
peace and he was brought into police
court, pleaded guilty to the charge,
paid $40 fine and stated that he
got off cheaply for the exquisite
pleasure he had had in telling the
county clerk just what he thought OF
him.
1T was only the old man who talk
ed said Zimmerman. The young
man kept still. AS it was had
hard time restraining myself but 1
thought the old man looked so feeble
and talked laboriously that
thought he had consumption and
could not get over that idea even
when he abused me-"
Kelly and Kelly had sold $50 shares
of Kansas, Colorado and Pacific stock
for the county June 21st, but no rec
ord had been given of the transa ction
to the county clerk, nor had the Bank
of Topeka told the officers of it un-
til July 14th. Even then the county
clerk had to call up to learn about
it. all of which impressed him as
queer.
The stock was sold for $40 share
according to the statement and the
amount. s22,5OO which the county
got. and the commission of so per
cent of all above $50 a share receiv-
ed for the stocks or $500 which
Kelly and Kelly received. But Zim-
merman-and others-began to think
something was crooked about The
deal There could be no fault found
with Kelly and Kelly if the contract
was too liberal for that was the work
of the county commissioners but
suppOsing Kelly and Kelly sold the
stock for more than $40 share.
That was the superstition growing
from the mysterious handling of the
deal
Il went to the Bank of Topeka
Saturday said Mr.. Zimmerman. and
asked President John r. Mulvane to
see the records of the transaction. the
letter of transmittal, some kilograms !
and papers I thought he must have |
but was told there was nothing there |
about the deal whatever so I went
up to the Kelly office in the Central !
National Bank building.
7 found the junior partner,7VF. g. |
Kelly in and told him L come up to |
look at the records of the sale that
I wanted them for our Tiles. ~ Oh: |
they were all oraI' he said, there |
are no records of that You can't |
make me believe you put those stocks |
under stone somewhere and later !
went back and took out $4,000 I |
told him and told him if he chose |
to Keep silent on the matter I could !
find out another way.
Then the old man came in and I !
told him what I wanted and he said
he was going to get an affidavit right /
away from the National Bank of
Commerce of st. Louis and one of
E F. Gordon of Omaha and one of
the Bank of Topeka and supplement
Wit cfa !
that they had not received more than
$4,000 for the stocks
Then I suggested that all 1 wanted
was the papers already on hand and
not records to be made uD. I told /
him this deal had been closed and
there ought to be some papers now
on record. Again he 7ared up and
reiterated his statement about not re-
ceiving more than $4,000 for the
stocks. This time I noticed he was
repeating $4,000 when $4,000 was
all the stock was supposed to have
been sold for and 1 asked him how
he made such a mistake every time
he repeated his statement.
.'At that the old man shook his
fist in my face, called me a liar with
oaths and swore he had not said
$4,000 Not content with one
cursing the old man repeated several
times but I had to take it because he
was too old to strike. 7 told him I
would go down and get the records
somewhere else and he told me to go
to the Bank of Topeka.
81 went down and told Mulvane
what Kelly had done to me. Just
leave EN- to me. leave EN- to me- he
said You rubbed the fur the wrong
way. I would not mind that
Il asked him for the papers again
and just them the Kellys came in.
A gain Mr.. Mulvane said he had no
papers but Kelly said Oh, yes there
are some. and gave the president list
of the different papers to show me
I was promised a certified copy of
them within a few days 1 asked why
] could not see the papers as they
were and not wait for certified copies
and a copy of a letter of transmittaI
was shown me but not the original
letter. These things made me sus-
picious of some undetermined work"
H. B. Kelly. the senior partner.
made the following statement ex-
planning his side of the squabble:
q came into the office and found the
county clerk there. He began to ques-
ton me about the sale of the railway
bonds and asked for a written contract
of the transaction to take back to the
county commissioners. I told him that
! had no contract and that none had
been made. I said I had received 40i
cents on the dollar for the bonds and
that the total amount received had