Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1915-11-13
Third Trial of Suit Ends in Dis
agreement of Jury at
LeavenWorth.
NOT WORTH THE COURT COSTS.
Being Under Water Most
of the Year.

trict court this week was nearly all
taken up with the trial of the suit OF
Charles Wandmaker against William
r. Atkinson for possession of the land
on Kickapoo island north of Fort
Leavenworth. The jury was unable
to agree. This is the second mistrial
of the case within the last two years
and the court expenses are becoming
heavy. One witness said that he
would not give 500 for all the land
on the island. which is under water
most of the year, and he did not know
what the six lawyers, three on each
side, are fighting for.
Kickapoo island was known in the
early days as Cow Island" 1t was
given the name by the Indians short
1y after Fort Leavenworth was found
ed, when some settler took up a home
on the island and left it because OF
high water, leaving his cows behind.
Isaac Atkinson, father of William
R. Atkinson, defendant in the caSes
got a patent for the land from the
government in 1850 and finally sue
ceeded in driving the Kickapoo In
dams from it The island was used
as an advance skirInish ground be-
tween the Kansas Free Sellers and
the Missouri border ruffianS in terri
tOrial and Civil war days.
Isaac Atkinson held undisputed pos
session of it for a quarter of CEN
tury until his death in 1882, when
1T was left to his two sons, William
r. and Thomas Atkinson. Wandmak-
er claims a title to the island through
| purchase from the heirs of Thomas
! Atkinson. He paid $4,000 for it in
| trade, he said.
ID he
who holds the island, alleges that it
was abandoned after flood in 1898
and that he squatted on it and is now
| the owner because he has held it for
fifteen years.
| In the suit the whole question
hinges on the time William r. Atkin-
| son "sQuatted" on the island. Nearly
every man and woman in Kickapoo
| township has been on the witness
stand on one side or the other and
| the testimony has been conflicting 1t
is probable that third trial of the
case will take place at the January
| term of the court.
Autoist Captures Eagle.-While
| driving an automobile southwest of
Leoti Rawley J. Malchow, a garage
owner, saw a fine specimen of brown
eagle sitting on a fence post NAL
| chow speeded up his car to between
| fifty and sixty miles an hour to see
how close he could get to the bird.
| The eagle flew across the road just
| as the car came abreast and the big
bird crashed through the windshield.
striking Malchow in the breast. Aft
er a hard fight Malchow tied the
eagle. getting several deep cuts on
4 = IL f1J< 7ho
eagle measures seven feet from tip
to tip and is magnificent specimen.
X x *
Ottawa Has New DaiIy.-Ottawa's
| new evening daily, the Ottawa Even
ing Journal, published it's first issue
recently. The Journal is published by
Glenn c. Wilson of Waterloo, Ia, and
F. W. Hemenway, former editor and
owner of the Junction City Sentinel
A. E. Johnson, formerly of the Atchi-
son Champion, is city editor. The new
| paper is Democratic.
| x
May Open Land November 1.-The
Dodge City land office received
more than one hundred letters the
day after it was announced that Pres
| ident Wilson had abolished the nation
al forest reserve of $4,000 acres in
| Western Kansas. Since then the
number of inquiries has increased
| every day. But the land office as yet
knows no more about the details of
| opening. The opening will not be be-
fore November 1, as much of the land
| is leased until that date to the cattle
men for grazing purposes.
|
/ Funeral of Warden's Wife.-FuneraI
/ services for Mrs. Jennie Morgan, wife
| of Thomas w. Morgan, warden of the
| federal prison at Leavenworth. were
| held at the old family home in Ottawa.
| Several hundred persons attended. A
delegation of prison officials was in
| the funeral party.
| BEGIN New Lawrence Bridge
| Work on Douglas county's new $780,
| 900 bridge across the Kaw river at
| Lawrence was begun recently. The
bridge is to cross the river just above
| the Bowersock dam.
Died on Train.-Daniel L. Thomas
| of Emporia died recently on a Santa
Fe train near Gallup, n. NJ, of heart
| disease He had been i'll a year and
1 had starfed tn California in the hone