The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-02
But Badders Himself Is Not in
Court.
Could Not Be Located by q. 8.
Marshal.
SUMMONS LEFT At HOUSE
Case Goes on Just Same-Hit@
Still Objects.
Badders Not in City, but May
Come Tomorrow.

The George S. Badders involun-
tary bankruptcy case was called for
trial in the United States district court
this afternoon---with Badders absent.
At 2 o'clock United States Marshal
Jack Harrison had failed to secure
personal service on George s. Badders
and the defendant had not appeared
in the United States district court for
ruptcy case before Judge John C. Pol
lock. Copies of the summons were
left at the Badders residence and as
such service is legal under.the federal
code. Badders' attendance at the trial
was as necessary as though he had
been summoned in person.
More than SO people, witnesses,
jurors and creditors Of the Badders
company, were in the court room
when Judge Pollock arrived this aft
ernoon and called the case to trial.
Several women who had been sum-
moned to appear in the trial of the
case were also present.
Several Days to Try Case.
Attorneys in the case predicted that
it might require several days to try the
bankruptcy proceedings. D. R. Hite
dPpO<tI0Q 1OI b<AuueIS anu 0QCAk1ulOCA Ok
QUAINT, M. F. Wheeler and Harvey &
Addington appeared for the creditors,
Major A. M. Harvey appearing special
ly for George A. Clark, receiver for
the Badders' company.
Twenty jurors were summoned by the
United States marshal. From this num-
ber IL men will be selected to try the
case. The veniremen are: John d.
Martin, Lecompton; ]. 8. Williams.
Holton: L. N. Lewis, Lawrence; J..
Clyde Corbett, Valencia: w. I. Ram
iels, McLouth; ]. NJ. Davis, Winchester;
w. G. Agard, 1919 West Sixth avenue.
Topeka: E. w. Miner. Burlingame:
John Atchison, Overbrook; c. II. Stee-
per, McLouth; Elmer Brown. Law
renee; A. w. Bronsop. 1920 Harrison
street. Topeka; Edward 8. Bateman,
Holton: W. e. Hudd7eseon, Oskaloosa;
D. M. Wade, Maple Hill; Charles E.
Eldridge, HOS Harrison street. Topeka
Andrew Pringle. Eskridge; ]. "A. Evans.
Valley Falls: Byron Curry, Alma: NJ.
g. Low. Eslridge.
The trial of the Badders case this
week is by special order of Judge Pol
lock who recently declared that he
would tolerate no further delays in
the case and advanced the hearing
for trial in Topeka at this time. A
jury trial was demanded by Badders
and q special order for a jury panel
was mace Dy the court.
Hite Is Still Objecting.
Attorney Hite raised numerous OBJ
jections beforo the jurors were called.
He objected to the acceptance of depo-
sitions taken in st. Joseph. St. Louis.
Chicago and Syracuse, N. Y, and
was overruled on all except the st.
Joseph depositions, which were rejected
because of error in the summons. Then
Hite objected to the jury panel, insist
ing it was not drawn in accordance with
the law He was overruled. Next
Hite objected to the pleadings and
asked for judgment for the defendant
on the papers presented by creditors. At
3 O'Clock he was still arguing this
point of law.
The absence Of Badders at the trial
was the chief topic of conversation
among lawyers and persons interested
in the trial of the case The court
this afternoon did not indicate that II
missed the defendant. but the action
which the court may take in event the
Badders company should be shown tc
be insolvent, is a matter Of speculation
and regarding which Judge Pollock
has not as yet indicated his plans