The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-21
Government Presenting Case
Against Land Dealers. 4
Mass of Letters Offered in
Evidence.
lLLEGE MISREPRESENTATION
Painted Landscapes and Mirage
of Water.
Lewis, Agent for the Noun
Days, on the Stand.

Leavenworth, Kan. Aug. 21.-The
preliminary hearing of Mr.. and Mrs
Don MounDay of Topeka, charged with
using the mails to defraud was re-
sumed before United States Commis-
sioner Lee Bond this morning. Most
| of yesterdays session was occupied by
United States District Attorney Rob-
ertson in reading the literature of the
land company of which MounDay was
| the head. Fourteen witnesses are yet
to be examined and it is believed the
hearing will last several days.
Among witnesses who testified as to
| alleged irregular methods il land deals
conducted by MounDay was the Rev.
g. 0. Heide, Alta Vista, Kan, who said
he bought from the defendant a five
acre tract for $500 and that he never
was able to get an explanation as to
when the land would be open to set
tlement. He said Mrs. MounDay told
him it would be dangerous to make
statements concerning the matter OF
opening.
Charles LagerStrom, advertising
manager of the Topeka State Journal,
testified that all the advertising his
paper Mad carried for MounDay had
been paid for in advance.
w. M Elliott, St. Marys, Kan. tes-
titled that he bought $500 worth of land
from MounDay on the strength of elab-
orately arranged circulars whose con-
tents he believed. Elliott turned the
matter over to the United States dis
trict attorney in Topeka after he had
oeen unable to get satisfaction on the
question of opening.
A A. Cless. Roswell, Kan, testified
he bought $400 worth of land and later
demanded a deed or his money back.
He said he got neither. Cless said neith-
er MounDay nor Mrs. MounDay mis-
represented things to him, but that all
his dealings IJere through ]. o.
Burns who he said was a MounDay
agent.
Letters by the Dozen.
Leavenworth, Kan, Aug. 21.-Letters
by the dozen, written by Don A. Noun
wife, found their way into the records
today when the government began its
second day of the fight to hold the
American Sugar Manufa cturing and
Refining company officials for the fed
eral grand jury and subsequent trial
in the federal court on a charge of
fraudulent use of the mails. These let
tiers We're offered in evidence by Fred
Robertson, United States district at
torney, and it is contended by the gov
ernment that they conclusiVely estab-
lsh the claim that MounDay and his
wife have used the mails in premed-
itated scheme to defraud the buying
public and enable the two defendants
to raise thousands of dollars for the
sale of contracts for land in New Mex
leo which they never owned and to
which they could under no circum-
stances secure a clear title.
The government did not content it.
self with hundreds of documentary ex-
hibits. But it brought before United
States Commissioner Lee Bond score
of witnesses from Kansas. Colorado and
New Mexico, who are telling of the op-
erations of the MounDays and bring
ing to the attention of the commission
er the real facts regarding the alleged
fake water and irrigation rights which
the defendants claimed to own.
All through the Wednesday after
noon hearing, Mrs. MounDay and her
sister, Mrs. Hiram c. Root, of Topeka.
sat side by side in the court room and
smiled and laughed as the district at
torney placed in the records quotations
from their glittering circulars describ-
ing the New Mexican land and sugar
projects. At times MounDay treated
himself to generous smiles and the
countenances of the defendants were
often covered with smiles A. c. Lew