The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-07

three years have elapsed since the or
der was made and yet Kansas City, the |
largest city in the state, is without
freight depot and the people are COM !
PEELED to go into city of another
state in order to secure freight facili- |
ties However that may be it is clear
that the statute can not be held invalid
because of the penalty imposed
The supreme court today affirmed
the judgment of the district court of
Franklin county cOnvicting Frank !
Schneck and MoIlie Stewart of the
murder of Jane Schneck, wife.of Frank
Schneck. The case was one of the most
sensational ever tried in eastern Kan
| saS and there was much popular feel |
ing against the two defendants. They |
asked for change of venue which was
denied them by the lower court. 1t was
on this denial of a change of venue |
that the appeal rested. The supreme
court holds that the lower court fairly
heard all the conflicting evidence on
the motion to change the place of trial
and decided that there was no ground
or reason for so doing, and that there
was no error in the ruling of the lower
court. The verdict was murder in the
first degree.
: Sehneck was a Franklin county farm
er and became infatuated with the
Stewart woman. The state established
| this infatuation as a motive for the
I l
was proven that Mollie Stewart was a
party. Mrs Schneck was found with
fatal knife wounds on her body. The
| defense tried to make it appear that
| she had killed herself.
The famous "tooth-swanowing'
| case against Drs. J. c. McClintock and
w. F. Bowen of Topeka and L. R.
King of Junction City, must go back
20 the district court of Geary county
for re-trial, under decision of the
supreme court today. The suit was
brought by Alice Wingfield. daughter
of James Wingfield, following the
death of her father immediately after
an operation performed by the defen-
dants at Topeka hospital. Wing
| field first consulted DR.. King at juno
ton City. telling him that he had
swallowed set of his false teeth. An
examination by X-rayS disclosed what
the junction City doctor believed was
some foreign substance in the throat.
Wlngfield was brought to Topeka bv
DR.. King and operated on by Drs. Nc
| Clintock and Bowen. The operation
disclosed no teeth in Wingfield.s
throat. Following the operation
/ Wingfield died. His daughter brought
the suit for damages and the case was
heard in the district court at Junction
City. After the plaintiff had pre-
sented all her evidence the court sus-
tanned the demurrer. holding that Miss
w lASl1elQ could not recover damages
on the evidence presented. The su-
preme court holds that the demurrer
should not have been sustained and
orders the case back for another trial.
It cost the Missouri Pacific Railway
company S26,O1410 to fight nine
dollar claim brought against it by the
Larabee Mills company of STAFFORD,
Kan. The Kansas supreme court al
lowed that amount today as damages
to the mill company an5 the fees of
attorneys in fighting the case through
the Kansas and United States supreme
courts. Four years ago the Larabee
company and the railroad could not I
agree on the payment of demurrage
charges of nine dollars on some cars of /
grain switched to the mill When the |
milling company refused to pay the /
mill company then brought suit to
compel the railroad to switch cars to |
the mill This case went through the /
Kansas supreme court and the United |
States supreme court and the railroad /
company lost each time Then the |
claims for damages for the milling
company and the attorney fees of the |
milling company's attorneys were pre- |
sented to the Kansas supreme court. A |
special commissioner took the evil
dence and fled finding on the claim. |
me court approved the following I
claims and ordered the payment of the |
claims by the railroad today:
For the milling company, expense
hauling mill products by wagon. 81, 1856 50 /
For the milling company, wages of
men hauling flour. ur................ .3S1 25 I
For the milling company, loss re-
sulting from closing of mill, thir-
teen and one-half days........... 1890 |
Attorney fees, Waters & Waters,
Rossington & Smith, John F.
Switzer, in Kansas and United
states supreme court ............ .S13 $50 !
incidental expenses, F. S. Lara
Dee ACKNOWLEDGEMENTS. 80 !
In addition to all these fees the railroad
company must pay several hundred dol /
lars court expenses and its own attorney.
Supreme Court Decisions.
List Of opinions handed down by the
supreme court of Kansas, Friday. July
z, 1911:
BY JOHNSTON. c. ].
The Missouri Pacific Ry. Co. appellant
vs.. Board of Railway commissioners OF
the state Of Kansas, appellee; appeal
| from Shawnee county. Affirmed
j. Thomas Baldwin. appellant VS..
Chas- &. Gibson ct al, appellees. ap-
peal from Clark county. Affirmed.
The starr Mutual Telephone company
a corporation appellant VS.. Charles
Longfellow, appellee; appeal from
Greenwood county. Reversed and re-
manded for further proceedings.
j. E. Evans appellant VS.. N. B. Nc
Elfresh ct al, appellees; appeal from
Lyon county Affirmed.
F. G. Jones, appellant. VS.. William
Lampe, appellee; appeal from Seward
county. Affirmed
State Of Kansas, appellee, VS.. AIollie
Stewart, appellant; appeal from Frank
ling county Affirmed.
State of Kansas, appellee, VS.. Jeffer-
son D. Brown, appellant; appeal from
/ Ellis county. Affirmed.
State of Kansas, appellant, vs. Den
ny Custer, appellee; appeal from Meade
county; reversed and remanded for fur
ther proceedings
BY BURCH. J.
w H. Jones, appellee, VS.. the Viii
I liamsburg City Fire Insurance Co.. ap-
pellee appeal from Franklin county.