Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1918-01-03
LINDSEY WIN
An IMPORTANT CASE
Lawsuit Over Mining Proper
ties in Which Baxter PeO-
pie are Involved is Set
tied This Week

The ownership of the lease on a
160-acre tract by Miss Anna Lindsey
and s. L. Walker was affirmed by a
decision handed down by Judge James
N. Dunbar in the district court at
Columbus yesterday, in q case Of
Lindsey and Walker against ]. W.
Bruce and H. E. Lindas.
The land in question is owned by
Miss Lindsey. II consists of 152
acres and is located along the east
edge of Blue Mound. Several strikes
have been made on the land and it
is believed that the entire tract is un-
derlaid with ore because it is sur
rounded by development work. Sever
al shafts are in operation immediate
ly west of the tract and there is a
large mill directly south Of it.
Along about June l, 1916, ]. w.
Barnes obtained q contract for a
lease to the tract, the terms of which
provided that he should prospect the
land continuously for a period Of one
year, at the end of which time he
was OF be given lease under the fur
Their condition that he had found ore
in paying quantities. According to
evidence that was submitted during
the trial of the case which has just
been settled, Barnes did prospect the
land until some time in February,
1917, when it was shown that he
ceased work.
On April II, Miss Lindsey leased the
land to S. L. Walker, an attorney Of
Columbus, ard on April 81 Walker
took possession by closing the gates
to the land and he served notice on
Barnes 10 keep off the premises.
Walker started en- April 80 to de-
velop the land and on the same date
it was shown that Barnes made
suitcase of his contract for deed to
H. E. Lindas.
A week later Barnes and Lindas
attempted to take possession Of the
land by force. They broke down the
gates after night and put up small
building. The next day some men
employed by Wolker repaired the
gates and after tearing down the
house threw it off the place. Later,
Barnes and Lindas tore down fence
and cut through hedge fence to get
possession of the land, despite the
efforts made by guards, placed there
by Walker, to keep them off. Finally
Constable James Marshall, Of Col
umbus arrested some Of the force Of
Barnes and Lindas on charges Of
disturbing the peace. And one time
Barnes was arrested.
The next step was for Barnes and
some Of his men who were arrested
to file suits against Walker and some
other Columbus parties supposed to
have been interested with Walker,
asking for heavy damages, alleging
false arrest, etc. These cases are
still pending. -
AfSer the damage suits were filed,
Miss Lindsey and Walker filed an in
junction suit asking that Barnes and
his Associates be enjoined from en-
tering upon the land and from car
rying on any operations whatever to-
ward development work. A. tenn
porary injunction was issued last
nsg and in the decision handed down
thisa week the injunction was made
permanent and Barnes and his assoc
eiateS are fore-er barred from any
claim or rights on the land whatever.
Mr.. Walker acted a. his own chief
counsel in the case and the defense
was represented by Judge D. Z. Sapp'
Of Galena.
While It IL reported that the de-
fenss may appeal to the supreme
court. Mr.. Walker said today that he
proposed to push development work
a TIE Lindsey traet at 0neA j