The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-29
HAVE A BIG TASK
Jury in Federal Court Faces
Heavy Docket.
Perkins Case Alone Will Cen
sumo Week.
WILL KNOW MONDAY.
Insurance Attorneys Ready to
Fight Continuance.
Abilene National Bank Case on
TOday's Calendar.
WILL KNOW MONDAY

The first jury cases were called to-
day in the November session of the
United States circuit court. 1t is be-
leved the jury will not complete its
work until the latter part of the week,
although much of the important liti-
cation is being carried over until the
January term of court All of the
criminal cases, which were carried
over on the district court docket, were
disposed of Monday afternoon. In
the most of the cases a continuance
was taken until the next term.
1t is hardly probable that any ac-
tion will be taken in the Perkins cases,
until they are called in their regular
turn next Monday. T. F. Doran, rep
resenting the insurance companies,
visited the federal building this morn
ing, but no motions in the cases were
argued. The Htigants have spent
great deal of time and money taking
dispositions in the case and Mr.. Do
ran recently made a trip to Colorado,
Nebraska and California, where depo-
sitions were secured and will be offer
ed in the trial of the case.
Attorneys for the Perkins heirs in
sist that there are other dispositions
necessary to their side of the case and
want the court to continue the cases
until this testimony is secured
John S. Dean, an attorney for the
insurance companies, said today:
we have been ready for six months
to try these cases and do not believe
it is necessary to have another con-
tinuance at this time. 1t is our in
tention to insist on a trial at the No
Vember term of court"
Should the eleven cases be brought
to trial next week, they will occupy
the courts time the greater part of
a week. The lawyers for the insur-
ance companies state that they expect
to substantiate a suicide theory and
will try to show that before Perkins
went on the roof of his new home he
had taken an overdose of morphine.
On the other hand, the Perkins heirs
contend that the Lawrence lawyers
death was entirely accidental and that
the insurance should be paid.
In the case against the Missouri Pa
cific Railroad company for violation OF
. the quarantine laws, the defendants en-
tered a plea of guilty and were given the
minimum fine of $780,
Late Monday afternoon Judge Pol
lock listened to arguments in the case
of the Independence Manufacturing &
Power company against the Independ-
ence Gas company, the Kansas Natural
Gas company and others, for specific
performance. The case involves a con-
tract for 100000 feet of gas a day for
a period of ten years from February
%, 1902. Gas was to have been furnish
ed under the terms of this contract at
two cents a thousand feet. The Inde-
pendence company sold it's interests and
the plaintiffs commenced action for
specific performance. Judge Pollock |
took the case under advisement.
In the case of the United States VS..
J. A Lewis and Allen Thomas to re- |
cover on a forfeited bond in a criminal
action, Judge Pollock instructed the
jury to return a verdict for the plain |
tiff in the amount claimed. The original
bond in the case was for $500. The de-
PENDANTS had paid $110 of the amount,
and the jury returned a verdict for
the remaining $780,
A case against E. NJ. Harris a Wyan-
dotte rural mail carrier, was continued
until the January session. Harris is
charged with having appropriated mon
ey entrusted to him by a patron Of the
rural route on which Harris carried the
mail.
Only one jury was impanelled Mon
day. That was in the bond forfeiture
case. At 2 o'clock the jurors were ex-
cused from service until 10 o'clock this
morning.
The case of Ada E. Scott against
Soldier township, Shawnee county, to
recover so 200 damages for the death
of her husband in an automobile acci-
dent. is on the November docket and
will be tried sometime this week. The
case is on the calendar for trial Thurs
day
The case of the Star Lumber COM
pany VS.. the Massachusetts Bonding
and Insurance company, and Arthur ].
McCabe, trustee for the Blanchard
Construction company, in bankruptcy,
will be tried at today's session. The
case of the Star Lumber company
dates back to 1908, when the Blanch-
ard company held a contract for the
erection of the mechanical engineering
building at the Agricultural college,
Manhattan The contract price of the
building was $49,204. While work on
the building was in progress, the
blanchard company was thrown into
bankruptcy. The MASSACHUSETTS, Bond
ing company was surety for the con-
tract and completion of the building.
The Star Lumber company was a cred
ftor of the Blanchard company in the
amount of $1,915.47. The claim was
not paid and suit was instituted in the
circuit court.
A suit against the Abilene National
hank. involving bonds in the amount
of s32.6O and interest, is on today's
calendar. Charles T. Luthey, resi-
dent of Missouri is the plaintiff in the
action. He alleges In his petition that
the Abilene bank had possession OF
bonds which were his property These
bonds. Luthey says, consisted of forty
nine shares of fifteen-year gold bonds
in denominations of $500 in the OF
tawa Gas and Electric comr my, with
accrued interest of $1,47G. Luthey
also claims sixty shares of preferred
stock in the Atchison Railway, Light
and Power company, valued at 500
share with interest at the time OF nj
ing the suit in the amount of $3.50.
The plaintiff alleges that the bank re
and interests and further that the
stock which was held as collateral Sc