The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-01
NOT AS A WIFE.
Charged Mrs. Ada Scott Wasn't
Living With Husband.
Had Separated From Him Be
fore He Was Killed.
TAKES A NEW TURN.
New Answer in Soldier Town
ship Damage Case.
Claimed That Automobile Party
Was Negligent.

A surprise was sprung in the United
States circuit court today when the
defense in the Ada E. Scott damage
suit filed a sensational answer to the
petition, alleging that for some time
before Scott was killed that George f.
Scott and the plaintiff had not lived
| together as husband and wife.
This week, attorneys for the plaintiff
gave consent to the defendant. Soldier
township, to file an answer to the Pc
t;tion without question as to time limit.
The answer to the petition is expected
to bring out several questions which
have not heretofore been an issue in
| the case.
The defense in it's amended petition
part of the plaintiff, except as to such
part as it may choose to admit when
the case is tried this afternoon. The
petition further says:
Said defendant further alleges that
| If the husband OF said plaintiff was
killed, as alleged in said petition, Ihat
he and the driver of said automobile
and all those with them were guilty Of
Contrfbutory negligence.
1.-The defendant further alleges that
the said George F. Scott and the said
plaintiff were not living together as
husband and wife at the time of his
decease; that the said plaintiff through
no fault of her husband had deserted
her husband sometime prior to the ac-
cident to live with another man and
| was not present at and did not attend
the funeral of her said husband"
/ The plaintiff Immediately fled a re-
ply asking that the last paragraph quo
ted be stricken from the answer, alleg-
ing that it is redundant, irrelevant and
| imnaterial allegations which are pre-
judicial to the plaintiffs.
A long list Of witnesses have been
| subpoenaed to testify in the case and
one of the hardest fought legal battles
at this session of the circuit court is
expected to result this afternoon when
the case is tried. Parties in the auto
mobile at the time Scott was killed will
be used by the plaintiff. Both sides
will offer testimony as to the condition
Of the road on Calhoun Bluffs at the
time of the accident. Then, If the court
rules in favor of the defense, testimony
will be offered to substantiate the state-
|, p1ents in the reply filed since the open
ing of court.
Arguments were heard by Judge Pol
lock on the answer of the defense re-
lating to the character of the plaintiff.
He ruled that the defense would be per-
mitted to show the character Of the
plaintiff and will allow the statement
to stand. Following this ruling the
attorneys for the plaintiff asked for a
continuance which was granted.
The case of B. H. Sanborn against
the Linscott State bank Of Holton. was
, dismissed Wednesday afternoon without
prejudice. Sanborn in this case was
suing for $14, 500 or for the recovery of
certain notes given as collateral against
$1,000 loan. The plaintiff in mis- petition
| alleged that the defendants attempted
| to defraud him by the Illegal sale Of this
collateral.
The case of the Illinois Life Insurance
!, company against the board of County
commissioners of Shawnee county, to
recover SO, Is taxes. was called this
morning. The life insurance company
is trying to show to the jury that by
; the execution of tax warrant, for the
payment of this money, the company
was compelled to pay a double tax on
! its property in this county. On the
! other hand attorneys for the county
J insist that the payment of taxes was
lust and legal. At the close of the
morning session. it was announced by
the attorneys that continuance had
been agreed on in the Illinois Insurance
company tax case.
Friday a jury will hear testimony in
suit for $4,000 damages against an ex-
: sheriff and a hotel keeper of Luray,
Russell county, Kan w. E. Fairbanks,
of Nebraska. who brought the action,
claims that he is an agent for nursery
and fruit tree concern. He says that
n
tel in Luray conducted by J. F. Jef-
ferry. When he went to the depot to
catch a train, jeffrey came to the depot
snd placed him under arrest before
crowd of people and insisted on search
, ing him in the presence of the crowd.
? Fairbanks says Jeffery then took him
hack to the hotel and short time later
III. G. Began, the sheriff. arrived. The
two men then searched Fairbanks
| grips and otherwise embarrassed and
. Inundated him. The men finally told
him so the petition reads, that they
were looking for a forger from Nebras-
ka and showed him picture of the
man they wanted. Fairbanks declares
l the picture did not tally in any way
with himself
The defendants in their answer de-
! clare they were acting in good faith
l and were honestly trying to earn g
: : $500 reward offered for a Nebraska for
ger. On November 16 the defendants
! filed an offer of judgment in the
7 amount of 5000. November 25, this Of
: fer was withdrawn and a new offer OF
d Judgment in the amount of 500 was
| made
The last case on the docket for Fri
I | cav is that CT the Hamilton Invest
: ! | rnent company against J. T. Long an!
9 E. r. Fulton. The Hamilton compan!
is a Missouri corporation and claim:
| that on July 81, 1905, the Holiday
a Klotz Land & Lumber company, .
E ST. Louis, executed promissory not
2 | of 50, 500. Long and Fulton, it is claim
L ed, were the endorsers on the note. AT
ter several demands the note, it il
:, claimed, has not been paid and nov
the Hamilton Investment company il
seeking a Judgment against the en-
: dorsers.
Ueatl,a, Indications