The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-19
MUST FACE TRIAL
Judge Dana Says Topeka Woman
Knew of Injunction.
Katherine TasselI Told of an
Agreement.
SIMON COLLECTED S75.
This, Court Says, Was Not Too
Much Money.
BOIlinger Says He Was Mrs.
Tassell's Lawyer.
SIMON COLLECTED S75.

Judge Dana held today that Kath-
crime Tassen must stand trial for con-
tempt in violation of a liquor iHjunc-
ton and that she was represented by
counsel at the time the journal entry
was made. Mrs Tassell hung fervent-
ly to her charges contained in a mo-
ton to quash, but evidence introduced
showed that the woman had knowl-
edge of the fact that she was to be
made {. party to the injunction
On the witness stand the woman re-
cited the terms of an alleged agree
ment with County Attorney Simon, in
which, she declared, the prosecutor
had promised to withdraw both the
criminal and civil actions against her
self and Abe Hamrell if she paid $500.
She produced receipts showing that she
had paid into court 1865, which in
| cluded 500 fine for John TasSell SIS
as attorneys fees for Simon and the
remainder as court costs.
Simon himself took the witness
stand and denied that he ever prom
ised to dismiss the injunction pro-
ceedings against Mrs. Tassell. He said
he consented to a compromise where
! by John TasselI was to plead guilty to
one count in the criminal case and
agreed to quash the counts against
Hamrell and Tassells wife. The coun-
! ty attorney said he insisted on county
wide injunction against the three de-
PENDANTS in the civil case, but finally
compromised this matter by taking in
! functions against the three people. pro-
hibiting them from operating in the
building at 220 Kansas avenue. From
the witness stand A. ]. Bollinger said
he believed that he represented all of
the defendants at the time he agreed
to the journal entry and while there
were no express conditions surround
ing his employment, did not under
stand that he was to appear only for
John Tassen
What Mrs. TasseII Thought.
II went to the county attorneys Of
flee with Mr.. Bollinger the morning
of March 49, Mrs. Tassell said in the
course of her testimony, land an
agreement was made with Mr.. Simon
that he was to quash all charges
against me on the payment of $500.
Mr. Simon said to me, How much
money can you bring in p and I re-
piled, How much do you want?' Mr..
simon then reached out his hand and
said, I thought you would come up
here with your hand full of money
Then I told him I had no money and
didn't make much, but if he would let
me go I would bring in all I could
! make.
"Mr. Simon told Mr.. Bollinger to
fix it up and we agreed on $500. 4
supposed there was no injunction
against me until July 81 when I was
arrested. That day Mr.. Simon came
to me and said, I suppose you know
what you are arrested for I told him
| did not and told him I wanted to
speak to him. There I told him that
he had agreed to quash the case
against me when paid the 5000, Mr.
Simon then walked out and told Joe
Ross to take me to jail At the Jail
SIMON came to me and shook his
finger under my face and said, I don't
want you to say you gave me $500 to
quash that Injunction !"
That was the story Mrs. TasselI told
in the course of her direct and cross
examinations 1t was admitted on the
part of the state that no witnesses
were examined the day judgment was
taken and that the matter was
strictly informal.
Bollinger's Story.
''There was a question of attorneys
fees in the injunction case" said A. ].
BOllinger in the course of his examina-
ton. land Mr. Simon asked Mrs. Tas-
sell how much she could pay. When
asked how much he wanted, Mr.. 81
mon said S100. Mrs. Tassell said that
was too much and it was then agreed
that the criminal case against Mrs. |
missed. that John Tassell should plead |
to one count and that the injunction
should be taken against the three de- !
PENDANTS. At the Jail, Mrs. TasselI |
asked me the penalty if she violated
the Injunction and I told her. Mon
day morning 1 appeared and entered |
the pleas as we had agreed while in
Mr.. Simon's Office
On March 20, the evidence show
ed, Mrs Tasseil gave Bollinger 5000, |
of which amount he paid S165 into |
court, took a receipt, returned Mrs |
TasseH SO and kept $25 as his own |
fees Later Mrs. TasseI made two |
$50 payments, which covered TasselIs !
500 fine. A few weeks after the case !
was disposed of, TasseH died.
Mr.. Simon's Version.
Because of a supreme court decis- |
ion,'' said Simon, in his testimony on |
behalf of the state, IT agreed to make /
the injunction to cover only the build /
ing in which Tassells were at the time !
located. I doubted if county wide |
injunction would hold, but [ at all times I
insisted that the injunction should be |
against the three defendants. AS for /
the attorneys fee, [ had asked for |
$780, but Mr. Bollinger came to me and |
said Mrs. TasseH could not pay that /
ment of $50 in the injunction case. The /
journal entry in the case was drawn by !
Mr. Boillnger, was redrafted by me |
and later Mr.. Bollinger agreed to the |
changes I had made
No evidence was introduced showing |
that the county attorney had collected |
fees in the case in excess OF those paid /
in other similar cases and which are !
Dana held did not warrant the court |
sustaining the pleadings in the case and |
the motion was overruled. In her mo-
ton Mrs Tassen did not claim that |
the $200 which she paid went to Simon |
personally, but that by the compro- 7,
mise the court costs and fine were paid :
and Mr.. Simon was enabled to collect |
an ordinarily good fee IN the case
As the Court Sees 1T.
This appears to the court to be
merely alquestion of fact as to what
was the agreement in the county at |
torney's office between Mr.. Simon. |
Mrs. TasseI and Mr.. Bolinger, acting |
as attorney for Mrs. Tasse1l,'' said