The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-13

When the federal court opened in
! topeka last Monday, McCabe Moore
| declared that the Fowler company
wanted an immediate retriaI of the
case. Judge VanValkenberg was noti-
| ned by Judge Pollock and the matter
was aired this morning VanVallxen-
berg had been named to try the case
when the drainage board objected tC
| a trial before Judge Pollock
Ihls morning attorneys for the drain
age board demanded a continuance
They told the court that officers OF
the board could not participate in the
trial OF the case at this time and that
a continuance should be granted LC
prepare for the rehearing. To these re-
marks the plaintiffs reminded the court
OF recent stipulation in which the
drainage board agreed to immediate
disposition of the cases in view of the
dissolution of an injunction.
Paper Tries to Influence Court.
statements made by counsel for
the defense, declared Judge Hutch
1ngs, are the statements repeatedly
published by the Kansas City Star.
of influencing the action of this court
in the trial and decision of this case
and their purpose has evidently been
successful
Court attaches gasped. But Hutch
ings still had the floor. He had even
escaped a fine for contempt or rep
rimand- Then for ten minutes the
husky Kansas City lawyer paid tribute
to what he termed unfair and unwar-
ranted tactics of the defense, with
especially scalding language for the
Kansas City publication. But Hutch
ingS' Oratory and burning remarks
gained nothing.
THE defendants in this CASE
Hutchings declared, have not only
shown bad faith, but violated the stip-
ulatiOn wherein they agreed to an i'm
III TOT i11 Il
injunction want to serve notice
right now that we will apply for a re-
instatement of that order"
That btr wasn't all Hutch an1gar was
there was little opportunity to mis-
construe the lawyers remarks.
Threaten Change of Venue.
I'm view of these matters, con-
tinued the Kansas City man, 1--WE
want to make plain that we will apply
for a change of venue under the new
code. Even this morning the Kan
sas City Times states that this case is
to be continued until June Is.
submit that it is neither fair nor just
for these people and their papers to
decry the delays of our courts and
hunt technicalloopholes for the con-
tinuance of their cases"
Every inch of the way Hutchings,
assisted by McCabe Moore, fought for
an immediate trial. But there was
nothing doing. Attorneys Trickett
and Kepplinger insisted that the
drainage board were justly entitled to
a continuance and the court was in
clined to believe they were right.
So Judge VanValkenberg granted a
continuance until June IS.
1--WE except" Hutchings yelled at
every new turn. And into the records
went the lawyers objections The
regular jury panel was discharged
from further service. Again Hutch
ings was on his feet with a ready ex-
ception to the ruling.
1.-The clerk will draw so names
from which to select the jury" said
VanvaIkenberg. 1--WE except" re-
sponded Hutchings. And more trou-
bic went into the records. The court
said something about giving both
sides equal time to prepare for trial.
1--WE are ready right now" Hutchings
exploded. And for two hours the bat
tie ragged.
Just what the plaintiffs will do with
their cum bersome collection of ex-
ceptions the attorneys would not say.
If Hutchings should carry out his
threat to ask for a new trial judge,
there is a prospect for more war.
Neither side was charged with a heavy
voltage of charity today and lawyers
on either side of the table welcomed
all the trouble their opponents could
drag to the court room. But the Fow-
Iers and their combative legal array
must wait two months for another