The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-18
CHARGE BAD FAITH
Katherine Tassell Says Simon
Violated Contract.
Arrested on Charge She Believed
Dismissed.
SAYS SHE PAID S215.
Claims County Attorney Took
Snap Judgment.
Now Asks Court to Set Aside Old
Decree.

Bad faith on the part of Ernest r.
Simon, county attorney, is charged by
: katherine Tassell in an answer to an
application by the county attorney to
punish the Topeka woman for viola
ton of an injunction. In her answer,
1 filed in the district court late Satur-
! day evening, Mrs Tassen declares that
an agreem ent was made with Simon
whereby charges against her in recent
/ civil and criminal proceedings were to
i; be dropped, that she was not present
or represented in court and that Simon
took advantage of this situation TO
abrogate his promise.
AIlegatisA&s chat Simon took snap
judgment in the injunction case, is
made in the answer prepared by Chas.
S. Briggs, attorney for Mrs. Tassell- 1t
is declared that Simon entered into an
agreement with A. J. Bollinger. attor-
ney for John Tassell, that conditions
of the agreement were thoroughly I'M
derstood, that the defendant John
Tassell performed his contract; that
without the knowledge of Mrs Tassell
she was made a-party to the injunction
and a few weeks after her husbands
death was arrested for violation of the
courts order.
On March 20. this year, John Tas-
sell, Katherine Tassell, his wife, and
John Doe, whose real name was I'M
known to the county attorney, stood
charged with maintaining a nuisance
and upon three separate and distinct
sales counts. This case is re-
corded in Criminal Appearance docket
L. and is case No. 5S03 The bar
docket showed that an injunction pro-
ceeding against the same defendants
was set for hearing on the same day
This action was recorded in Civil APP
pearance docket III and bears the
filing number of case No. POSTS. Tas-
sell was confined to his bed at the
time these cases were called and Boil
linger appeared for him. 1t is claim
ed, however, that Bollinger did not
7-f~ H., 70
and because of the agreement no effort
was made to protect their interests at
that time.
Tells of Contract.
Here is the story of the case. as told
in Mrs. TaSsell'S motion.
That on the goth day of March, 1911,
by an arrangement by and through
A. j. Bollinger, attorney as aforesaid,
for the defendant. John Tassell; and
E. r. Simon, county attorney Of Shaw
nee county, Kansas, it was agreed and
understood by and between the parties
in each of said cases that the defend
ant John TasSell, should pay into the
Office of the clerk of the above named
court the sum of 5000 and that a judg-
nent should be entered in case No. 5S03
against John TasseI1 for keeping and
maintaining a nuisance, as charged in
the information filed in said cause on
the fourth count and that the remain
ing counts in said information be nOIlled
as against the defendants, Mrs. John
Tassell and John Doe, and that they
be discharged.
THAT in case No. 26575. q judgment
should be taken against the said John
Tassel for a permanent injunction
against him in said cause, and that the
suit against the defendants, Mrs. John
TasseH and Alb Hamren (John Doe)
be dismissed as against them and each
of them.
Mrs. Tassen Paid S215.
"That in compliance with said agree
ment, and at the time and at the re-
quest and knowledge of him, the said
e. r. Simon, the defendant, Mrs. John
TasselI did pay into the office of the
clerk of the district court of Shawnee
county on March 20, 1911, for her hus-
band, John TasselI, the sum of $165--
S115 in full payment of costs in both
cases towit: Nos $500 and 26575; and
the remaining $50 to apply on fine in
case No 1903. That afterward, on the
18th day of April, 1911, the said de-