The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-17
GILMORE LOSES SUIT.
City Gets Judgment Against Contractor
of Fifth Ward Sewer.

The jury in the city Of Topeka-Gil-
more case returned a verdict in favor
Of the city last night, awarding S.
327.7S. Gilmore however, was also
awarded his claim of s3,5S0.ss for side
walk construction. which reduced the
the city as the amount overpaid on ac-
count of graft in the construction of
the Fifth ward sewer.
The case has been pending in one
shape or another since 1905 and the trial
in the district court has covered a
period of 10 days. The jury had been
out since Tuesday morning. The YER
diet is taken as a signal victory for
former City Attorney Frank Dreaming
who conducted the case for the city
The suit was brought originally by
the city petitioning for "a refund of the
$4,000 overpaid Gilmore. Then Gilmore,
who had since the sewer scandal Sc
cured the city sidewalk contract,
placed his claim of s3,5S0SS with the
city and was refused payment and be-
gan suit for the amount. It was
then that the city withdrew its former
suit and set up their claim as counter
to that of Gilmore with the hope of re-
covering under the same trial.
Consequently. although the contractor
is the plaintiff in the case. the city has
taken the initiative all the way
through. Frank Dreaming, city attor-
ney at the time of the sewer graft and
who began an investigation and care
full compilation of the data, has con-
Quoted the case.
A collision between Gilmore and the
city engineer, James McCabe, was the
allegation Of Dreaming and substan-
tiated by the jury in answer to ques-
Gilmore, by which the parties were able
to swindle the city right and left. In
the first place McCabe drew the grades
of the sewer base several feet below the
grade of any other sewer, even that
into which this one had to empty in
part This scheme enabled the draw
ing of a contract calling for the excava-
ton Of some 1000 yards of earth and
$4,000 worth of rock excavation which
need never be done. That is what hap
pened- McCabe raised all the grades
to point necessary when the con-
tractor began work and split the saw
ing with Gilmore. AT least 81, 500 is ac-
counted for which McCabe extorted
from Gilmore for keeping silent Other
amounts were paid over, it is alleged.
but that when the demands grew too
frequent Gilmore baked and went be-
fore the city council, disclosing the
whole affair. McCabe was accused at
the time of resorting to that means OF
getting money for a icentious life and
when confronted with the graft fed to
Utah. where he remained undisturbed
until now the statute of limitations
frees him from prosecution. Another
cause for the investigation Of the graft
is that when the grades were raised, a
few Of them were raised SO much that
water flowed into. instead of out of,
certain cellars on Polk street and the
citv had to build relief sewer.
Dreaming, for the city, summoned liz
witnesses. 90 of whom were placed on
the stand. The beginning of testimony
was heard Tuesday, November 80. The
examination of witnesses continued un-
til December II. Judge A. w. Dana
spent nearly a day in making up his
instructions which were read Monday.
Argument by counsel occupied the re-
mainder of the day and some of Tues
dav morning, after which the case went
to the jury.
Besides the instructions and the law
as laid out by the judge the jury was
asked to answer a list of 66 questions
submitted by E. D. McKeever. counsel
for Gilmore. Such a weight of testi-
mony, charges by the judge, and Ques-
lions of attorney has never been ten
dered a jury in the district court be-
fore. The judge has said it was the
hardest case he has had. Much of the
evidence introduced by Dreaming is said
to have been superf1uous. However, he
has spent four years on the case and
exhibited a most carefully outlined suit.
1t was difficult to determine what evil
dence might be dispensed with and he
spared the jury nothing which might
work for the interest Of Topeka.