The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-06
HAND OF JUSTICE.

uuBUUVO
l<.ontanu>d from Psgn Onesl -
endeavored to again renew It in July:
q day or two after 1t became due ana
was informed that the u,After had pee9
that It would cost him $40 moro 70
straighten the matter out. Under pro-
test THE amount was added 20 &he zace5
Of the note and another $3.50 was paao
by Stalker az interest |
The Note Grew Rapadty.
By February. 1905. Drakes e claam
against Stalker had grown to -. stalk
er having in that time paid interess
regularly. At that time Drake insisted |
on q settlement, which Stalker was un-
able to make and in order to protect
his railroad record against olscna1se
he resigned his position with the FRS.
CO. Several months later he secured
employmeut with another railroad
company az yardmaster and filed q vol
untary petition in bankruptcy. which
resulted In . discharge. His cent 70
Drake was then scheduled at $66.
A year later suit was begun ~
Drake to recover on his claim wnicn
had suddenly grown 70 x14v; I'm
suit was started in Chicago. 10 pfo-
eral trips to Chicago. Because OF MS
financial troubles, Stalker lost his po-
sition as yardmaster. He secured an
other as q switchman and In Novem-
this position because OF the steadfast-
ness by which he was pursued ny
Drake Stalker at that time had paid
the original loan Of SIS and $50 at
another time and had aAready paio
amount had been credited ON the
principal indebtedness. Stalker had
therefore paid $116.60 for the use OF
$25 from HAY. 1903. to February
In September, 1906, Drake brought
a second suit in Chicago. This time
he asked judgment for $2oo ON what
had been q $25 loan. A trial was
finally had. which resulted IN 1ude-
this decision in Chicago. Stalker filed
suit for damages against Drake In the
Wyandotte county courts. ana vas
awarded judgment for $4,000. The
supreme court in its decision today
reduced the damages to $5.44S.
Must Pay Attorney Fees.
r. ]. Bland, Charles Dixon and Harry
Brown, Cherokee county liquor dealers,
must serve jail sentences OF seven 70
eleven months each, pay fines OF 500
to $,1O0 each and q large amount OF
costs according to the opinion OF the
supreme court today In three CONSOLE
dated cases. The three defendants were
the attorney generals Office last March
and Bland was convicted OF selling IL
Quor on eleven counts and his two CO.
defendants on seven counts each.
This was one Of the most import
ant convictions In the southern Kansas
bad lands" and established new
record in liquor convictions in that
section of the state. At the conclusion
Of the case Judge e. e. Sapp directed
uhnrr1A hn n
ed. as the statute has required ever
since the enactment Of the prohibitory
law: and upon that feature Of the case
Sapp was reversed by the supreme
court, but the conviction and jail SEN
fences imposed were affirmed. This
case attracted considerable attention
when it was submitted to the supreme
court a month ago because Judge Sapp
personally appeared before the court
and argued the case against the con-
tention Of the attorney generals ONCE
as to fees. The supreme court In its
opinion states that a separate fee
should be allowed for each count upon
which each defendant was convicted in
stead Of a single fee from all Of the
three defendants.
The decision means fees amounting to
$6z0 Tor the attorney generals ONCE.
Shawnee County Deciaions.
A number Of Shawnee county deci-
sions were handed down today by the
supreme court, but in all Of them the
suits were of minor Importance. Five
Shawnee county cases were in the list
| Of today's decisions
The court affirmed the decision Of
w. w. Harvey vs.. L. C. WATSON. In
| that case John G. Postlevvaite held a
tlewaite died in November, 1910. and
Edison died in May. 1911. The judy
mont had not been satisfied ana the
! court appointed receivers for both
men to protect tho interests Of the
estates. An appeal was taken from
the courts decision. but that decision
was today affirmed.
The State Bank Of Chautauoua was
permitted to collect $3.50 on an insur-
| ance policy held on property belong
ing to people who had secured a loan
| at the bank. The insurance policy
was for $3.50 and when the property
was destroyed by fire the Shawnee
Fire Insurance company refused to
meet the claim on the bank under
provisions Of their policies. The
courts. however, held that the banl.
was an innocent party and entitled to
judgment
Matte johnson was charged with
the sale Of liquor on five counts and a
nuisance charge was made the sixth
count The jury found her guilty on
the hrst count but discharged her on
the sixth count Tho Journal entry
however. showed conviction f1ne and
sentence under the sixth count. II
was a clerical error and was correct
ed. But the defense objected ana an
pealed to the supreme court The
court today said the correction OF the
journal entry was within the provinces
Of the court.
Dennis p. Hinchev- and w,r1,.v ~,
Starrett quarreled over q real estate
Transaction and their grievances
reached the courts on plea Of fraud
Hfnchey won ana q new trial wa
, granted. An appeal was taken and the
ruling of the district court af9frue6