The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-17
Kelley and Kelley VictOrs in
Mo. Pacific Bond Suit.
Only Two Jurors Favored Reno
County Men.
SHAWNEE'S MONEY is GONE
Case Almost Identical With
Local Bond Controversy.
Simon Says He'll Try Case at
End of Term.

After two hours of deliberation to-
cay, the jury IN the Kelley & Kelley
bond case. returned verdict exonerat-
ing the defendants from any wrong do
ing in their transaction with Grant
township, Reno county. This verdict Is
expected to have direct bearing en-
an action IN which Shawnee county
is plaintiff, although County Attorney
Simon stated this afternoon that the
second case would be brought to trial
at this term of court
For two Gays the jurors in Judge
Whitcomb's court listened to The evi-
dcuce and arguments. Several of the
contentious of the plaintiff township
were upset before the case went to the
jury. On the other questions, the jury
found for the defendants with little
trouble Two Jurors voted for the plain
tiffs on the first ballet. The next count
showed a united jury for the defend
ants. An hour later all of the special
questions were answered and the jury
reported to the court.
The action against the firm of Kelley
& Kelley resulted from the sale Of rail-
way stock transferred in July, 1903.
This stock WAS to be transferred tor
Missouri Pacific stock at par value Ii
was claimed that as agents for the
township, the brokers failed to COM
municate this fact to the township
board and that their interests We're
sacrificed. For the $40 shares of stock
the Topeka firm. OF this amount they
claimed $1,000 commission. Charges
were made that Kelley & Kelley while
acting for Grant township were agents
for E. J. Jordan, an Omaha broker, ana
that dupncity " as used in the trans
action. The jury found otherwise
Shawnee county was vltally inter-
ested in the trial Of the case ana many
Topeka people attended the hearing AT
the time tde Reno county stock was
disposed of Kelley & Kelley were dis
posing of $4,000 worth of stock belong
ing to this County. 1t netted $50, 900, or
the same price received by Grant town
ship. OF this amount, $500 was paid
the brokers as commission
Now suit is pending to recover what
was alleged to have been the value OF
the stock at the time OF the sale ana
to recover the commission paid the
brokers' at the time of the sale MIS-
souri, Pacific stock was selling at IS
cents, although witnesses in the recent
hearing testified that the securities sou
were worthless at the time Of the trans
fer. ,,
Asked concerning the bearing which
the recent case would have on tho
Shawnee county contention Counsg y
Attorney Simon insisted the local case
would be tried. .
'.The case on the docket for trial the
9th" said the county attorney, ana
while 1 am a bit surprised at the Vei
dict in the Grant township case yet IL
will have no bearing on our case. we
will be ready for trial when the case
Is called and have not the least IN
tention of dismissing the action"
Motion will be filed in a few days
bv the plaintiffs in the Grant township
case. asking for judgment on the find
ings of the jury Answers 70 certah'
SneciaI Questions by the plaintiffs are
Claimed to have been contradictory and
not in keeping with the general YER
dict. In case the motion for judgment
is denied, the case Will be called TO ths
supreme court.