The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
MUST GO TO JAIL.
CONTINUED from Page one.l

Cooper ana MS VIE as ueNulSeQ Dy
the records of the divorce trial, was
convinced that an order for the pro-
lection and care of the child ought to
be made and enforced
In the case of the Shawnee Fire
Insurance company against John H
1 Cosgrove, appealed from Johnson
/ county, the supreme court held that
the insurance company was not alb
solved from responsibility, even
though Cosgrove had collected dam
ages from a railroad com pany for loss
of property by fire. The damages
collected did not cover the amount of
the loss, so the insurance company
between the $1,000 paid by the rail-
road and the $500 loss, or prosecute
the railroad and collect the balance.
This decision affirms the decision of
the Johnson county district court
James NJ Nation, former state aud
itor, must look to the legislature,
rather than to the supreme court or
Kansas to recover the fees which ne
collected for registered bonds ana
paid into the state treasury, not know
ing that the fees belonged to him.
The 1911 leglature appropriated the
money to pay the fees, but Governor
Stubs vetoed the appropriation on the
ground that the supreme court must
first decide whether or not Nation
was entitled to the money, amounting
to little over $4,000
Nation brought suit in the supreme
court and the court today held that he
was entitled to the fees, but the legis-
lature must make an appropriation to
REIN burse Nation, and the court re-
fused to order the payment until the
legislature makes an appropriation
An abandoned railroad roundhouse
is an attractive nuisance" for small
boys for play GROUNDS, according 10
~, Il .1f a.
court today in the suit of George and
Jenny Osborn against the Atchison,
Topeka. & Santa Fe railway, appealed
from Leavenworth county. The son
of the Osborns was playing on the
roof of the roundhouse at Leaven-
worth when he fell and was killed.
There were several other boys playing
on the abandoned roundhouse roof at
the same time. The building was in
diIapidated condition. In the original
trial of the case it was shown that the
roof afforded a fine place for marbles
and other boyish games, and that the
railway employees had never attempt
ed to stop them using the roof of the
building as a play ground The
structure was alluring and attractive
to children. too young to know the
danger" said the court. mo guards
or fences were placed on or around
the building to prevent children play
ing upon the roof" The parents were
allowed damages against the railway
because it maintained an attractive
nuisance without precautionary
measures
Joseph NJ Gentry. the actual kid
NAPIER of Marian Bleakley, the famous
incubator baby" must serve from one /
to five years in the Kansas peniten |
tiary for his part in the theft of the |
child from her home in Topeka three |
years ago.
F H Tillotson. the Kansas City
detective, who planned the kidnapping |
and who was convicted for it, was |
sentenced to serve the same term. |
After the governor refused a parole |
Ti1Iotson has appealed to the supreme /
court of the United States. The Kansas |
supreme court affirmed the verdict |
against Gentry in the Jackson county /
court today.
Gentry was not prosecuted for the |
but for the assault on c. /
Fl. Belknap, a relative of Mrs. Charlotte |
Bleakley, the mother of the child. /
Gentry went into the Bleakley home |
when the mother was absent, but Belk- t
nap wa son guard, and when he fought +
to prevent Gentry from taking the |
baby. he was struck on the head with !
a revolver by Gentry and seriously in /
jured.
Gentry then went upstairs, broke open |
a door, grabbed the child, stuck a
handkerchief into her mouth to stop her |
screams, and carried her away. Gentry, +
and Mrs. Barclay, with the
child were captured in Kansas City I
and brought back to Topeka. On ac- /
count of the feeling against them the
case was taken to Jackson county for .
trial. Tillotson was convicted of kid /
mapping and Gentry of assault. and
each gwen sentences of one to five
years in prison. The case against Mrs +
Barclay was dismissed. TilIotson and
Gentry both appealed to the Kansas
supreme court, but the sentences were
in each instance.
The Kansas Harry Thaw'' case was
decided by the supreme court today
and George w. Clark must remain in
the Kansas asylum for the DANGEROUS
insane. This asylum was established +
as an annex to the state penitentiary.
Clark killed Ezra Carter of Kearney
county, December IL, 1910. Clark
was tried in April last year and it was
shown that he was insane at the time
OF the murder. He was found not
guilty. of the murder, on the ground
IF insanity and Judge Thompson COM
nitted him to the asylum for danger
0us insane. Mrs. Clark brought an APP
for a writ of habeas corpus
N the Kansas supreme court to secure
his release from the asylum because
ne had been restored to all his facul
ties The Kansas supreme court de-
MED the writ and Clark must remain
in the asylum
Even though a man may be called a
cattle thief he cannot collect damages
tor SANDER without taking into consid-
Grafton the fact of whether he really
stole the cattle or not The whole
matter hinges on whether he had a
good bad reputation w A Gus
ter of Seward county called O. T.
Wood a cattle thief, and made various
other allegations against Woods char
acter in the presence of witnesses.
Wood sued Custer for Islander and Sc
cured a judgment of 1000 in the Sew
ard county district court Custer ap-
pealed to the supreme court and that