The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-22
Attorney BOllinger Assails For
mer 1t. Gov. TrOutman.
Charges Attorney With Unpro-
fessiOnaI Conduct.
MAKES SHARP REPLY
Says BOllinger Has No Instinct
of Gentleman.
Case the OutgrOwth of Trade
for Grocery Store.

Seldom have the Shawnee county
courts been the scene OF such severe
personal abuse and grave charges
against professional conduct as
marked the closing arguments today
In the Farrell automobile case, when
Attorney James A. Troutman. former
ly lieutenant governor. was charged
with unprofessional conduct in his ac-
tions as attorney for T. J. Farrell by
A j. Bollinger, opposing counsel.
Troutman was wroth when he arose
to reply His face was pale and for
five minutes he hurled his resentment
at the opposing counsel. He said that
the actions of Bollinger betrayed none
OF the signs of a gentleman and he de-
MED the serious allegations which the
young lawyer had made before the
jury.
In the trial of the case OF Farrell
against Burtis and McMurray to en-
force a contract, Troutman took the
stand in behalf Of his client He was
subject to severe examination at tho
hands of Charles S. Briggs. an assist
ant United States district attorney
who was retained by the defense in
the present action. Farrell and his
wife had endeavored to execute a
mortgage on Indian land which the
defense charged was a fraudulent
pltAtAltG anu LnaL NnG document WAS
worthless Troutman denied that he
knew the document was valuelcss
when he went to the federal building
and laid the papers on Briggs desk.
He insisted that Briggs and his clients
had accepted the papers in a trade for
an automobile and that he acted with
in his professional rights.
As Bollinger argued the case before
jury this morning he denounced
Iroutman's action. He even charged
that Troutman's testimony was per
jured when he made his statements
from the witness stand. He went even
further He said that the oppoeiue,
lawyer was guilty of unprofesslonaI
conduct in what the testimony showed
to have been Troutman's attitude iu
the case.
rrOufman Resents Charges.
Troutman's voice shook with emo
ton as he closed the argument for the
plaintiff.
In the trial and argument Of this
case" said Troutman, Il have been
subject to the most damaging charges
that can be brought against "a mem Der
Of my profession. These are charges
which 1 want to say are not only abb
solutely false and untrue but we're
made before this jury by a young man
who is destitute Of all the instincts OF
gentleman
As soon as he had closed his arru-
ment. Troutman left the court room.
In the trial of the case. not only
Troutman, but Attorney A. T.. Austin
were the targets 1oT charges or un-
professional actions. The testimony
not only went into the transactions
with the defendants. but the court al
lowed the defense TO open up the case
Of Effie y. Johnson. Topeka woman.
who was given a deed to Indian land
BY Farrell in exchange for her little
grocery store at Tenth and Topeka
avenues.
This Testimony showed that IN April.
19l0-two weeks before the automobile
transaction-Mrs. Johnson had traded
to Farrell her grocery stock at . c,i.-
Sideraticn Of 81 400 Austin acted aa
Troutman represented FurreI. whose
wife is part Indian and has a govern
ment allotre ent to land on the Potta-
watomie Indian reservation in Jack
son county. At the time the stock OF
groceries was transferred. Farrell and
his wife executed TO Mrs. johnson "a
note for $1,000 and mortgage on tho
Indian land. title to which was in the
United States government. The pa
pcrs, it is claimed. we're approved by
the two attorneys and Mrs. johnson
accepted the mortgage and not which
matured in six months. Two weeks
after the transfer, Farrell sold the gro-
Gerry stock
Ir the meantime. Mrs. johnson had
sent her Instruments to the register OF
deeds Of jackson county to be record
ed.
The title to the land in question
was a so-called first patent. Issued to
Mrs. Farrell; and this patent reserv-
ed to the government and expressly
stated that The allottce had no right TO
ALLEVIATE by mortgage. deed OF other
wise the lar q in question without first
obtaining from the con. missioner OF
IBdian affairs. upon reservation Of the
reserVat ton agent. a fee simple title TO
the land. This ii is claimed. was not
done There was some testimony by
FARRELL that his wife made application
for a fec simple title. but this action
was denied by the defense.
Then things began to happen. The
federal authorities heard Of the mort
gage which had been gwen TO the To-
peka woman. It is said that Harry
J. Bone, United states district attor-
ney for Kansas. was notified to bring
an action TO set aside tine mortgage.
which would virtually leave the W0-
man without r dollar to show FOR her
81 400 stock Of groceries.
At the time the johnson transfer waH
made the woman had gone TO California
on advice Of her physicians The stock
Of groceries represented much Of the wo-
mans life savings.
Just Is days after giving the mortgage
to Mr.. Johnson the Burtis-McMurray
deal was proposed. These men were 20
transfer to Farrell a $500 in eN-
change for a note and mortgage the
same land on which Mrs. Johnson held
mortgage. The papers were drawn and
readv for execution when Burtis and Nc
Murray were advised that the proposed
mortgage was not worth a dollar They
through Attorney Troutman. brought suit
to enforce the contract.