February 11, 1910
SUES ON UNUSUAL POLICY.
Half of Insurance, to Be Paid for
Extraordinary Death, Overlooked.
Daniel F. Cobb, who died August 20, 1907, when he was thrown from an elevator in the Fidelity Trust building at Ninth and Walnut streets, had one of those accident insurance policies which pays double the face value of the insurance if the insured is killed in a crowd, in a train, in an elevator, a church, or under other unusual circumstances. The beneficiary was Ada M. Davis.
Yesterday in the federal court Ada M. Davis sued the Aetna Life Insurance company of Hartford, Conn., for $5,000, with interest, damages and attorney's fees. Mr. Cobb had taken out the policy May 12, 1907. The beneficiary avers in her petition that not realize the importance of a clause in the in the insurance contract guaranteeing double payment on account of the instantaneous death, applied for the face of the policy and was paid. When, in December of that year, she discovered that sh should have had $10,000, she applied for an additional $5,000, which was denied. The amount she now asks in the United States court is $7,000.
Labels: federal court, Lawsuit
February 5, 1910
SQUATTERS STAY IN JUNGLE.
Attempt to Oust From Bottoms Re-
sults in Non-Suit.
A patch of jungle 400 feet long by 300 feet deep, near the Star elevator in the East Bottoms, was a matter of dispute between a whole colony of squatters and the Kansas City Southern Railway Company in Judge Thomas's division of the circuit court yesterday. While many settlers of the place were involved, only one, Lewis Warner, was named in the petition. Warner had lived in his lean-to close to the Missouri river bank and on the alleged right-of-way of the railroad for many years.
In answer to the demand of the railroad that he move his effects to other shores, Warner stuck the closer to his home in the tall reeds and willows. He was of the staying kind, and then there were others just as deep in the mud as he was in the mire. He put it up to the road to move the entire colony.
But even the patience of a corporation can become exhausted. Cyrus Crane, lawyer for the Southern, served notice on Warner that he must move or stand trial, and then brought suit to oust him.
When the case was called Warner was there with his witnesses. The latter were mostly neighbors of the defendant and denizens of the tract claimed by the railroad. In the court room yesterday they answered to the names of "Dump Bill," "Silver Bill," "Sleepy Sue," Louis Lombardo and Mrs. Louisa Sarah Koffman.
Lombardo is the janitor at the city hall. He was one of the first witnesses for the company.
"I was once in the vicinity of the patch of ground where Warner lives," said he. "There I saw an old negro man come out of the willows with a basket of vegetables on his arm. I looked at where he came from and saw nothing but bullrushes and willows.
" 'Where did you get those vegetables?' I said to him, and he answered that he got them back in the bushes. I followed the trail he was on and came upon one, two, three houses with truck patches. I felt like Christopher Columbus."
"Did the Kansas City Southern get you your job at the city hall?" was asked of Lombardo by Attorney Crane in direct examination.
"No, I got it by making a speech on a beer keg for the Democratic party," the witness promptly replied, while the whole court room laughed.
Some of the older witnesses said they had been living at their present location since 1890. One of these was Mrs. Koffman, who described the flora of the acreted land in this way:
"It is covered with trees except where there is bushes and willows and that's about all over the place.
"How large are the trees?" was asked.
"Oh, of different sizes. Some of them are as large as a gallon pail, and others no bigger than a pint measure. I don't know how you can't describe them because there are some littler and some bigger than others."
Attorney Crane entered an involuntary non-suit in the case and it was dismissed.
Labels: circuit court, courtroom, East bottoms, Judges, Kansas City Southern, Lawsuit, Missouri river
February 1, 1910
POISON WAS FOUND,
COLONEL SWOPE'S DEATH AS-
CRIBED TO STRYCHNINE, PROB-
ABLY GIVEN IN DRUGS.
DR. B. CLARK HYDE SUES.
Asks Damages Aggregating
$700,000 for Statements
DR. B. CLARK HYDE,
Physician Who Sues for $700,000 for Statements Growing out of the Swope Poison Cases.
CHICAGO, Jan. 31. -- Colonel Thomas H. Swope of Kansas City died from the effects of poison, according to the findings of Dr. Ludwig Hektoen and Dr. Walter S. Haines, announced in Chicago this afternoon.
It was formally declared by the doctors that Colonel Swope died from the effects of strychnine poisoning.
The report of the experts does not include the result of the analysis of the contents of the stomach of Chrisman Swope, nephew of Colonel Swope, who died soon after the demise of his uncle, under similar circumstances.
ATTORNEYS HEAR REPORT.
The investigation of the mysterious deaths of the late Colonel Swope and his nephew was shifted to Chicago today. For several weeks the internal organs of the bodies have been here in the laboratories of Dr. Hektoen and Dr. Haines, toxicologists. Today Attorney John G. Paxton, administrator of the Swope estate, Attorney James A. Reed, his associate, Virgil Conkling, prosecuting attorney at Kansas City; Dr. B. H. Zwart, coroner there, and Thomas H. Swope, nephew of the dead millionaire, came to receive the report of the experts as to whether or not poison had been found in sufficient quantities to cause death.
PAXTON'S TERSE ANSWER.
The visitors arrived on a Santa Fe train at 7:28 a. m., and went at once to the Hotel La Salle, where a room was engaged. Later a conference was held at the University Club, at which the findings were revealed.
Attention of Attorney Paxton was called to the fact that suits for $100,000 had been instituted against him for slander in connection with his share of the investigation.
"I have nothing to say about this suit except that I feel somewhat flattered," said Mr. Paxton. "I have received the news by wire that Dr. Hyde has sued myself and Drs. Hall and Stewart in suits aggregating $700,000 because of slander in connection with the Swope case. I have nothing further to say.
Mr. Paxton would make no further comment beyond saying that the investigation was not fully concluded yest, and would say nothing of the investigation of Chrisman Swope's death. It was said that strychnine had been found in the stomachs and livers of both men.
Coroner Zwart returned to Kansas City tonight, but Mr. Paxton, Mr. Reed and Attorney Conkling remained. They will leave Chicago tomorrow night, Mr. Paxton said. An inquest over the bodies of Colonel Swope and his nephew will probably be started next Monday. Any criminal warrants that will be issued will probably follow the inquest.
DR. HYDE SUES FOR DAMAGES.
Through Frank P. Walsh and John M. Cleary, attorneys, Dr. B. Clark Hyde filed suit yesterday in the circuit court at Independence demanding damages aggregating $700,000 from J. G. Paxton, executor of the Swope estate and the St. Louis Post-Dispatch. The petition declares that published interviews pointed to Dr. Hyde, son-in-law of the Swopes and their family physician, as the instigator of a plot to murder Swope heirs.
The damages are asked on three counts and newspaper men are named as witnesses to statements alleged to have been made by Mr. Paxton which the plaintiff declares destroyed his professional standing and were meant to oppress, impoverish and wholly ruin him. The first suit against Mr. Paxton charges slander and the amounts asked are $30,000 actual damages and a like amount for punitive damages. The complaint in the suit against the publishing company states that headlines in the Post-Dispatch over a purported Paxton interview said that the man who "planned to kill family with typhoid germs," which, the petition alleges meant Dr. Hyde, "who has been continually watched by five detectives and will not be allowed to escape punishment."
The petition is long, and is a narrative leading up to the final mention of the family doctor's name and alleged insinuations that he plotted to kill. Interviews with the county coroner, Dr. B. H. Zwart and Dr. Frank J. Hall, specialist in analytical work, are made a part of the contentions of the plaintiff. The damages asked in the first count total $200,000, and after this comes a similar charge on another published interview and another $200,000 is asked. The third is based on the publication of Dr. Hyde's picture, which the petition alleges clearly identified him as the "man," meant in all the interviews charging murder plots.
Dr. Hall and Dr. Edward L. Stewart are made defendants along with the newspaper. The plaintiff estimates the total wealth of all the defendants at $5,000,000.
Mrs. B. C. Hyde, formerly Frances Lee Swope, yesterday gave out a signed statement insisting that she was constantly at her husband's side, and knew his every movement.
Labels: attorney, Chicago, Coroner Zwart, Frank Walsh, James A. Reed, Lawsuit, Prosecutor Conkling, Swope Mystery
February 1, 1910
CAN DISTURB INDIAN GRAVES.
Lyda B. Conley, Kansas City, Kas.,
Woman, Loses Lawsuit.
WASHINGTON, Jan. 31. -- The fight of Lyda B. Conley, the Indian woman lawyer, to prevent the sale of the burial ground in Kansas City, Kas., where lie the bodies of her ancestors, came to an end adversely to her in the supreme court of the United States today.
The court affirmed the judgment of the lower courts that her bill to enjoin those who proposed to disturb the burial ground be dismissed.
The court ameliorated the decree by directing that the suit be dismissed without cost to Miss Conley. Miss Conley, who is one-sixteenth Wyandotte and a lawyer, claimed the burial ground of Huron cemetery in Kansas City, Kas., was reserved in perpetuity as a burial ground by a treaty in 1855 between the United States and the Indians.
Congress recently authorized the sale of the land and the removal of the bodies. Miss Conley objected to the removal of the bodies of her ancestors to the burial ground of a Methodist church. She asked for an injunction in the case, but the circuit court dismissed her petition for want of jurisdiction. She argued her own case before the supreme court.
"No court decision or legal technicality will avail in any manner to change my firm determination to prevent the desecration of the graves of my ancestors. I will resist even to the death, any attempt to remove the bodies from the old Indian burial ground and if by force of arms they succeed in killing me, my sisters will see to it that my dead body lies with my father and mother in the Huron cemetery."
This was the statement made last night to a representative of the Journal, by Miss Lyda Conley at her home, 1712 North Third street, Kansas City, Kas.
"The public burying place of the Wyandotte Indians, used by them for that purpose as early as 1814, was by the treaty between the United States and the Indians, in 1855, set aside to the Indians and their descendants as a perpetual burying ground. now by what right does the government claim ownership of this ground or the right to dispose of it? I am not a ward of the government but a citizen of the United States. I am not in rebellion as an Indian ward of the government, but am standing up for my rights as a citizen and as a descendant of the Wyandotte Indians."
Labels: attorney, cemetery, circuit court, Kansas City Kas, Lawsuit, Native Americans
January 26, 1910
THEY'RE NOT MISSOURI LIONS.
Girl's Damage Suit to Federal Court,
As Owner Is Non-Resident.
Complications in the damage suit brought by Ella May Cushman against the Hippodrome Amusement Company and C. W. Parker of Abilene, Kas., resulted yesterday in the transferring of the case from Judge Slover's division of the circuit court to the federal court. The girl asks damages in the sum of $10,000 for injuries received, it is alleged, when a lion at the Hippodrome, two years ago, reached through the bars of its cage and clawed the girl's head.
After the plaintiff had completed her evidence yesterday the Hippodrome company showed that the lion was owned by Parker, who has a herd of wild animals which he exhibited, and on the showing the liability of the company was removed. Parker then had the case transferred to the federal court on the ground that he is not a resident of Missouri.
Labels: animals, circuit court, federal court, hippodrome, Judge Slover, Lawsuit
January 26, 1910
HIS SKULL AS AN EXHIBIT.
County Court is Willing to Pay
for Removing It.
Robert Carel, who has a claim against Jackson county on account of falling rocks from a blast striking his head and crushing his skull, gave the county court a portion of his skull in a glass jar yesterday.
Isaac Kimbrell told the court that he understood perfectly well that the county could not be sued. He stated that the injured man was driving by a repair gang managed by Thomas Gaines. The blast was set off and falling rock crushed Carel's skull.
The court asked Mr. Kimbrell to confer with the county counselor in regard to the county making an appropriation covering Carel's expenses. The injury, Mr. Carel stated, occurred October 8.
Labels: county court, Lawsuit
January 22, 1910
GETS WHAT HE ASKED
FOR WIFE'S AFFECTIONS.
Jury in Five Minutes Gives A. L.
Sherman $50,000 Verdict
Against J. C. Silverstone.
After less than five minutes' deliberation yesterday morning a jury in Judge Thomas J. Seehorn's division of the circuit court gave A. L. Sherman, a Kansas City lawyer, a verdict of $50,000 as a balm for a wound his feelings sustained when his wife lost her love for him in favor of another man three years ago. The suit, for $25,000 exemplary and $25,000 actual damages, was instituted by Attorneys L. C. Boyle and C. M. Howell.
The defendant was J. C. Silverstone, who for several years owned a drug store at Ninth and Wyandotte streets, but is now in Seattle, Was. Silverstone was not present at the opening of the case yesterday, but his lawyers were, and there was some interesting testimony. Mrs. Sherman obtained a divorce a year ago and is not in the city.
According to the testimony of Sherman he and Mrs. Sherman were married in September, 1898. Their life was happy until about January, 1907, when, he testified, Silverstone rose over the domestic horizon and began to shed compliments and other attentions on Mrs. Sherman.
One time Sherman said he asked his wife how it was she could buy millinery and fine dresses without approaching him for a loan. He had noticed for several months past that she was making purchases with out either consulting him or having the bills charged. She told conflicting stories of how she could perform the miracle, Sherman testified. He was not convinced and went to Silverstone's store to see him about it.
Sherman said he seized Silverstone by the throat and forced him back on a barrel in the rear of the drug store. Under threats of killing him, he said he obtained a partial confession and made the druggist beg for his life.
"After that my wife and I had frequent quarrels, and finally she left me, taking our child. The last I heard of her she was in Seattle."
Labels: attorney, circuit court, Divorce, druggists, Judge Seehorn, Lawsuit, marriage, Ninth street, Wyandotte street
January 21, 1910
NO LOVE NOTES IN
THIS GIRL'S SUIT.
Cigar Stand Manager, Young
and Pretty, Sues Rich
Miss Mabel Reeder, young and pretty, manager of the cigar stand in the lobby of the Savoy hotel, yesterday filed a suit in the circuit court against John E. Johnston, a saloon keeper at 810 Main street, demanding damages in the sum of $25,000 for alleged breach of promise of marriage. Johnston is said to be well-to-do.
It was on December 1, 1905, Miss Reeder asserts in her complaint, that Johnston promised to marry her. Since then, she alleges, he has discontinued his attentions and has informed her that he does not intend to marry her.
According to the complaint, the engagement of Miss Reeder and Johnston became publicly known and, it is set forth, Johnston's failure to perform his part of the agreement embarrassed, humiliated and wounded her "in feelings, affections, womanly pride and sensibility," and, it is added, her "prospects for life and eligible marriage are blasted."
"This isn't one of those love letter cases," said Miss Reeder last night in her rooms at the Tomlinson apartments, Eleventh and Broadway, "because I haven't any love letters to present. I would just love to give you a story, but I can't for several reasons. One is that my lawyer, Frank P. Walsh, tells me not to talk.
KNEW HIM IN WICHITA.
"You see, Mr. Johnston and I are from the same town, Wichita, Kas. We have known each other a long time and it was there that we became engaged. He was the proprietor of a hotel and I was working at the cigar stand in the hotel. We both came to Kansas City a couple of years ago and Mr. Johnston started a saloon here.
"I am unable to tell you why Mr. Johnston broke off his engagement with me. I don't know whether there is another girl in the case. He has known that I contemplated bringing this suit, because he was notified. Really, now, there isn't anything sensational about this case, and I want to escape all the notoriety I can."
Johnston refused last night to discuss the action brought against him by Miss Reeder.
"Let Miss Reeder do the talking now," he said, "and I will have my say later."
Labels: Broadway, cigars, circuit court, Eleventh street, Frank Walsh, Lawsuit, Main street, romance, saloon, Savoy, Wichita
December 5, 1909
STEW PAN FELL ON HIS HEAD.
Now Herman Smith Sues Former
Employer for $15,000.
A fractured skull caused by a blow on the head with a steel stew pan resulted in the filing of a $15,000 damage suit yesterday in the circuit court by Herman Smith against the Household Fair store.
Smith was employed at the Household Fair to run the elevator. On November 8, while engaged in his regular duties, a stew pan became dislodged from a shelf. It clattered down two or three stories through the elevator shaft, striking Smith on the top of the head.
Labels: accident, circuit court, elevators, Lawsuit
November 6, 1909
ASKS $300 FOR SIX DRINKS.
Mrs. Carson Says Saloonkeeper Sold
Her Son That Number.
Suit for $300 damages, brought by Mrs. I. M. Carson against the Kansas City Breweries Company and James Meany, a saloonkeeper at Sixth and Main streets, was begun yesterday afternoon in Judge John G. Park's division of the circuit court.
Mrs. Carson alleges that her son, Claude, 18 years of age, was sold six glasses of beer at Meaney's saloon, one year ago. The Missouri statute allows the parents of a minor who is sold drinks in a saloon to recover $50 for each drink.
Labels: alcohol, breweries, circuit court, Judge Park, Lawsuit, Main street, saloon, Sixth street
October 29, 1909
PRIEST SUED FOR DAMAGES.
Italian Doctor Says He Was Called
Member of the Mafia.
Bendetto Tripi Rao, an Italian physician, filed suit in the circuit court yesterday to collect $10,000 damages from Charles Delbecchi, an Italian priest.
Dr. Rao sets up in his petition that he has a large practice among the Italians of the city and that on September 24, 1909, Father Delbecchi publicly charged Rao with being a member of the Mafia, said to be an Italian "black hand" society. According to the petition the priest also had a document, said to have borne a seal of the King of Italy, in which Dr. Rao was charged with being a quack and a swindler.
Labels: black hand, circuit court, doctors, immigrants, Lawsuit, ministers
September 16, 1909
HEBREWS SUE TO PREVENT
MOVING OF THEIR DEAD.
Charge Such and Act on Part of
Owners of Bikur Cholim Cemetery
Would Be Desecration.
An injunction suit to restrain the present owners from moving any of the bodies buried in the Bikur Cholim cemetery was filed in the circuit court yesterday by Sarah Binkowitz, Morris Newberg and others.
The cemetery has been used by Hebrews as a burial place, but not since 1893. It is at the northeast corner of Eighteenth street and Cleveland avenue and occupies about one-fourth block.
In the suit filed yesterday Henry Oppenheimer, Omar E. Robinson and Bikur Cholim Benevolent Association are named as defendants. The plaintiffs are the descendants and the relatives of Julius Newberg and David Binkowitz, who were buried in the cemetery in 1888.
It is alleged in the petition that the lots were sold with the guarantee on the part of the cemetery association that the land would always be maintained as a cemetery. This, it is alleged, is no longer done. In fact, according to the petition, mortgages against the land were foreclosed in 1903.
Charging that the defendants are now threatening to remove the bodies, and adding taht such action means desecration in the eyes of the Hebrew, an injunction forbidding such action is asked. An order also is sought to compel the cemetery asociation to live up to its agreement to maintain the graves in a suitable manner.
Labels: cemetery, circuit court, Cleveland avenue, Eighteenth street, Jews, Lawsuit
April 27, 1909
FOR EACH MONKEY, $2000.
Belle Hathaway Claims Railroad
Company Caused Their Death.
The death of three monkeys in transit over the Maple Leaf from Des Moines to Kansas City may cost that road $2,000 a monkey, if the suit of Belle Hathaway, owner of the simians, is successful. A transcript of the case was filed in the federal circuit court yesterday.
It sets forth that on January 9 the monkey cages "were arranged and placed in the defendant's car in a position to insure safe and hygienic carriage; that in the course of the journey the servants of the defendant in charge of the car negligently, carelessly and unskillfully caused one cage containing three bonnet or Asiatic monkeys of great value to be placed by and against certain steam pipes that were exceedingly hot; that intense heat emanated from said pipes to such an extent that the air became stifling and caused the animals to suffocate and die."
Labels: animals, Des Moines, federal court, Lawsuit, railroad
March 6, 1909
EXPORTERS OF WALNUT LOGS.
Rates Were Excessive to European
Points, Says Penrod Co.
Some interesting facts about Kansas City as an export center may be found in a suit filed yesterday in the circuit court. The Penrod Walnut and Veneer Company is asking $293.00 from the Kansas City Southern railway, alleged to represent freight overcharges on export shipments of walnut lumber. The lumber was shipped last summer, four cars going to Manchester, England; two cars to St. Petersburg; one to Belfast, Ireland, and one to Glasgow, Scotland. It is alleged by the Penrod company that the rates were quoted as follows: To Manchester, 36 1/2 cents; St. Petersburg, 43 1/2 cents; Belfast, 37 1/2 cents, and Glasgow, 38 1/2 cents. More than the rates mentioned were charged, asserts the Penrod company.
Labels: business, circuit court, England, Kansas City Southern, Lawsuit, railroad
March 3, 1909
STOP THE DANCE?
NOT I, SAYS GREGORY.
ACTING MAYOR STATES THAT
POLICE WON'T INTERFERE.
"Those Who Believe It Not Right
Can Stay at Home" -- Failure
to Demonstrate Disap-
points Court Crowd.
THE BILLBOARD SALOME, TO WHICH OBJECTION WAS MADE.
"Will I stop the Salome dance?" Robert L. Gregory, acting mayor, repeated as he held the telephone receiver to his early yesterday afternoon. His answer was a decided "No."
When he was finished speaking over the telephone the acting mayor turned to the members of the board of public works, with whom he was meeting, and said, "Now what do you think of that? That fellow wanted to know if I, as acting mayor, would clamp the lid on that dance if the court refused the injunction. If Gertie wants to dance with a little lace wrapped around her she is welcome to, and the police won't interfere. Those who believe it is not right can stay at home while those who do can plunk down their money and take a front seat for all I care. Why should I stop a Salome dance or an y old kind of a dance?"
SHE DIDN'T DO THE STUNT.
Disappointment sat deep on every face, and there was not an "I don't care" expression in the crowd which went to the court house yesterday to see Gertrude Hoffman do a stunt with a string of beads. Gertrude, you know, does the Salome dance in "The Mimic World" at the Shubert theater, or rather, she did until the courts stopped her Monday night.
The restraining order granted at that time was made returnable yesterday, and large was the crowd that came to see and hear. Judge James H. Slover, in whose division the case fell, heard affidavits and speeches and more speeches, and then said he would decide today whether to make the restraining order permanent or dissolve it. Meanwhile, of course, Salome will not dance.
All hands had expected to see, as evidence, the whole dance as performed at the theater. But the dancer did not come, only lawyers.
COSTS $6,000 A WEEK.
"It costs $80,000 to create this show, and the weekly expense roll is $6,000," said Clyde Taylor, appearing on behalf of the theater. So maybe it was too expensive to have Miss Hoffman.
"To stop this dance, which is strictly a moral affair," continued Mr. Taylor, "would entail large financial loss. If the show was not clean, it would never have been put on the boards and have received favorable comment everywhere."
On behalf of those who secured the restraining order, John T. Harding, Ellison Neel and H. M. Beardsley spoke. Affidavits made by George E. Bowling, Nathanial Dickey and D. A. Trimble were read. These men had been appointed by the Independence Avenue Methodist Episcopal church to make a report to the court. In substance they said the dance was immoral and demoralizing to the mind of the spectator. Photographs were taken of posters put up by the show also were introduced as evidence.
TELL WHY THEY OBJECT.
Mrs. E. D. Hornbrook said she saw the dance in New York, and thought it not proper. She had made up her mind, she said, to try to suppress it if it came to Kansas City. She had not seen the dance at the Shubert. William D. Latham of the board of trade disapproved of the dance, as did also Omar Robinson, a lawyer, and I. B. Hook and others. A painting of Maud Allan as Salome, to give the court an idea of how the Hoffman dance is said to be carried on, was also introduced.
Dr. George L. A. Hamilton, for the defendants, said the dance was art, and could not be objected to. John B. Reynolds, manager of the company, was represented by an affidavit giving the expenses of the show.
Also there was a statement from Miss Hoffman herself. The dances she employs, she said, were copied from those of the Far East, and patterned after the Oriental idea of grace. She said it was in no sense a "hootchie-kootchie," as some of the objectors had said.
Then there was a great deal of oratory, and the case, known officially as the state of Missouri, at the relation of Elliot W. Major, attorney general, against Earl Steard and others, went over until today. Judge Slover did not say that he had been at the Shubert. He goes to the theater infrequently.
Labels: churches, courtroom, dancing, Judge Slover, Lawsuit, Mayor Beardsley, Robert Lee Gregory, theater
March 3, 1909
GIRL OF 16 WANTS FREEDOM.
Says She Married W. E. Morrison
Without Parent's Consent.
Annulment of a marriage is sought by a girl of 16, who has been wedded nearly a year in a suit filed yesterday in the circuit court. Leatha B. Morrison is the wife and, being under age, she sues William E. Morrison in the name of Mrs. Sadie R. Richards, her mother.
In her petition, Mrs. Morrison says she was married June 18, 1908. She says the consent of neither of her parents was secured nor even sought, and that they did not know of the wedding until after the ceremony had been performed. Morrison, who is 28 years of age, influenced her mind so that she married him, she says. Now she wants the marriage set aside, on the ground that it was illegally performed.
Labels: children, circuit court, Lawsuit, marriage
January 21, 1909
NOT DRUNK, BUT INEBRAITED.
What's the Difference? Here's a
Bartender's Expert Opinion.
Patrick Cunningham arose as the Noah Webster of the circuit court yesterday. In the division presided over by Judge W. O. Thomas, Cunningham was asked:
"Were you ever drunk?"
"No, sir," said he.
"Were you ever inebriated?"
"What is the difference between being drunk and being inebriated?"
"Well, a man can be inebriated and still attend to his business and walk straight and not bother anybody. But he can't always when he is drunk."
"How many drinks does it take to become inebriated?"
But the witness dodged that one.
Still, he should be good authority, for he is a bartender in Tom Noland's saloon at 214 West Fifth street. He is suing Francis X. Bogenschutz, who runs an ale vault on Baltimore avenue, for $10,000 damages, alleging alienation of Mrs. Cunningham's affections.
The Cunninghams have been married for twenty years. He formerly was a peddler and lived at 1117 Cherry street and accumulated some property. The couple first met Bogenschutz about ten years ago. The husband's testimony in his own behalf went to show that there were domestic difficulties so soon as two months after the marriage. He said his wife once rushed at him with a poker and he put out his hand to stop her.
"That is the time she claimed I broker her nose," said he.
"She might have hit herself with the poker."
The rest of Cunningham's testimony was largely expert evidence on inebriety and the rest of the drink family.
Labels: alcohol, Cherry street, circuit court, domestic violence, Lawsuit, marriage, saloon
January 21, 1909
LYE VICTIM CAN'T RECOVER.
Jury Is Instructed to Bring In Ver-
dict for Armours.
Judge John C. Pollock, in the United States circuit court, Kansas City, Kas., yesterday sustained a motion instructing the jury to return a verdict for the Armour Packing Company in the $25,000 damage suit against the company which was being prosecuted by Joseph Novak. The plaintiff in the action claimed to have fallen into a large vat of lye while working at the Armour plant in September, 1907. The judge, in his instructions, held that the company was not at fault and did not contribute to the cause of the accident.
Labels: accident, Armour plant, Judge Pollock, Kansas City Kas, Lawsuit
January 16, 1909
MONKEYS AT $2,000 EACH.
Valuation Made by Owner in Suit
Against Railroad Company.
Monkeys are valuable animals, especially those which have been trained to perform in public, if the damages asked for the death of three baby monkeys by Miss Edith Hathaway, at the Orpheum theater last week, can be taken as a criterion. Miss Hathaway is suing the Chicago Great Western for $6,000, giving as the actual value of the monkeys $2,000 each.
In her testimony taken before C. W. Prince, her attorney, yesterday afternoon, Miss Hathaway stated that she did not wish punitive damages for the death of the monkeys and asked only to be compensated for actual monetary loss.
Labels: animals, attorney, Lawsuit, theater
January 16, 1909
GIRL WAS CLAWED BY LIONS.
She Asks $5,000 Damages From the
Ella May Cushman went to the Hippodrome December 26. She is about 16 and she liked the looks of the lions. She alleges, in her petition for $5,000 damages filed yesterday in the circuit court, that the cages of two lions were in such condition that the kings of beasts reached out and clawed her face and tore out her hair. In suing the Hippodrome Amusement Company and Charles W. Parker, she says they were to blame for the insecurity of the cages. George B. Cushman, her father, brought the suit for the child, who says she will be permanently disfigured.
Labels: accident, animals, children, circuit court, hippodrome, Lawsuit
January 10, 1909
GIRL ASKS $25,000 DAMAGES.
Claims She Was Decoyed Into a Dis-
Claiming that she was detained for eighteen day in the resort of Jennie O'Neill, 205 West Third street, Ceicel Grady, 16 years old, brought suit against the woman yesterday. Damages to the amount of $25,000 are asked in the petition which was filed with the clerk of the circuit court. The suit is brought through Mrs. Mollie Woodward, mother of the girl.
Ceicel says she went to Mrs. O'Neill's place at the woman's invitation, as a domestic. When she discovered the real nature of her surroundings she tried to leave, but her clothing was hidden from her by the defendant, it is alleged.
Labels: children, kidnapping, Lawsuit, North end, Third street
December 13, 1908
CAN SUE OTHER BREWERS.
Women Whose Husbands Are Drunk-
ards Have More Latitude.
In a decision handed down by the state supreme court yesterday on the appeal cases of Helen Coats and Carrie Edens, who sued certain breweries and saloonkeepers for damages for making drunkards of their husbands in Kansas City, Kas., the ruling of the local court was reversed. At the time the cases were taken up in the Wyandotte county court, the brewery companies made a settlement with the two women. The attorneys for the women, however, refused to accept this settlement in full for the co-defendants. The local court held that the settlement answered for all and it was upon this ground that the cases were taken to the supreme court. Under the decision of the latter the women still have legal action against the other defendants for more damages.
Labels: alcohol, Kansas City Kas, Lawsuit, saloon
December 2, 1908
JUDGE WALLACE ENJOINED
FROM MOVING HIS HOUSE.
His Neighbors Say It Would Destroy
Valuable Trees in Norledge Place.
Beset in front with the dragon quo warranto, Judge W. H. Wallace, advancing to give battle, has been assaulted from the rear. He has been enjoined from moving his own house. The temporary order was issued yesterday afternoon by Judge J. E. Goodrich in the circuit court and made returnable today.
William C. and Edward L. and Nathan Scarritt and Mrs. Annie E. Hendrix are the plaintiffs in the action, which is brought against William H. Wallace, Elizabeth C. Wallace and Grant Renne. The last named is a house mover, who has the contracting for transporting the Wallace dwelling from its old to its new site.
Boiled down to the briefest terms, the petition seeks to prevent the moving of the Wallace home westward from its present site along Walrond avenue or Norledge Place. It is stated that an agreement was made last October by the Wallaces by which they agreed not to remove their dwelling except in an easterly direction, so as to locate it east of Indiana avenue. The objective point for the house is now Norledge Place, to a lot adjoining on the west the home of W. C. Scarritt.
The real reason of the suit is an endeavor to prevent the destruction of the fine shade trees which line Norledge Place. One large oak is especially spoken of in the petition as having great value. Says the petition: "At least twenty trees would be destroyed, of great value, of more value, in fact, than the building."
At first R. A. Long's was mentioned in the papers as a plaintiff, because the Wallace home, according to the petition, is to be moved across Mr. Long's land. "Mr. Long's name was taken from the papers because he is not in the city and could not read over the petition," said W. C. Scarritt. "However, he is in sympathy with us and moving the house across his land would be done without his consent and against his will."
Labels: Judge Wallace, Lawsuit, Norledge avenue, R A Long, Walrond avenue
November 24, 1908
JIMSON WEED CASE IN COURT.
Dr. Otto Bohl Is Pursuing A. Kiss
for Damage to His Snakes.
Stromonium, which a witness facetiously described as jimson weed, plays a prominent part in the suit of Dr. Otto Bohl against Ander Kiss for damages, now on trial in Judge J. H. Slover's division of the circuit court. Bohl, who, on 70 cents, got more votes for the Democratic nomination for coroner at the August primaries than did some others who spent much more, charges Kiss with destroying his stromonium plants and snakes, greatly to the damage of the aforesaid and of Dr. Bohl. He wants $500. The case, in many variations, has been through a number of courts already.
Labels: animals, Dr. Otto Bohl, Judge Slover, Lawsuit, politics
November 17, 1908
THIS WAS A CANDID JUROR.
"I'd Blame the Railroad," Said He,
Before Hearing Evidence.
After three laborious hours had been spent by attorneys in Judge J. H. Slover's division of the circuit court yesterday afternoon in securing a jury to try a damage suit, a few words from a juror nullified the whole proceeding.
As Frank Walsh, attorney for Elizabeth Freeman in her suit against the Missouri Pacific and Frisco railways, was stating his client's side to the jury and showing a diagram of the location of the accident on which the case was based, Joe Stine, a juror, remarked:
"Why don't they fix that like they have it at Dodson? I'd blame the railroad."
Immediately there was a commotion. Mr. Walsh and Elijah Robinson, W. S. Cowherd and R. J. Ingraham, the three last named representing the defendants, were on their feet at once. The court discharged the jury and excused Stine. He lives in the county south of Kansas City.
The petition alleges injuries as the result of a collision at a crossing. Two trains collided. Mr. Walsh was showing a diagram of the crossing when Stine made his remark. A new jury will have to be impanelled.
Labels: attorney, circuit court, courtroom, Judge Slover, Lawsuit, railroad
August 8, 1908
LAWYERS ARE TO DROP
There's No Money in Sight, So What's
the Use in Battering Reputa-
tions and Countenances?
One of the many lawyers in the alienation case of A. J. Richards against John Calvine Humes made the statement yesterday that there would be no more proceedings.
"There is no money in sight for most of us," the lawyer said. "The bankruptcy proceedings into which Humes was forced made the prospect of a judgment against him not worth getting. Even the stenographer has not been paid yet for the work he has done. In the face of such a plight as this there is not much incentive for a corps of lawyers to go battering each other up, not to mention wasting their valuable time chasing witnesses."
The allusion is to a personal encounter two of the lawyers had on the first day of taking depositions.
Labels: attorney, Lawsuit
June 10, 1908
WOUND MADE JUROR FAINT.
It Was on the Arm of Plaintiff in a
The sight of the wound and the odor of iodoform and other drugs used in its dressing proved to be too much for J. A. Lackey, a juror, who was sitting in the case of Durand Whyte against the Murray Machine Company yesterday afternoon in Judge J. E. Goodrich's division of the circuit court. He fainted. Whyte, who is suing for damages for injuries alleged to have been sustained while at work for the company, was on the stand giving his testimony when he was asked to show the wound he had received to the jury. Mr. Lackey was sitting close to the witness and the sight proved too much for him. The fainting juror was speedily revived and the taking of testimony continued.
Labels: circuit court, Judge Goodrich, Lawsuit
May 22, 1908
GAME LEG SPOILED HIS FUN.
Fireman Says He Can't Dance in
Time With It.
"I used to go to all the dances, but I can't hit a lick with my game leg. The last dance I attended was in Lamar in the winter of 1907. I was so awkward that I couldn't get a partner. So I quit for good."
J. B. McQuillen told this to a jury in Judge E. E. Porterfield's division of the circuit court yesterday afternoon. McQuillen was a locomotive fireman for the Kansas City Southern until February 24, 1906, when his hip was crushed while he was at work. He is suing for $10,000.
Labels: circuit court, dancing, Judge Porterfield, Kansas City Southern, Lawsuit, railroad
May 20, 1908
SUES HER FORMER HUSBAND.
Mrs. Smith Avers That T. W. Glynn
Falsely Accused Her of Bigamy.
Alleging that T. W. Glynn, to whom she formerly was married, has unlawfully charged her with bigamy and as a result she suffered the pain and humiliation of having to spend fourteen days in jail before her trial and release, Mrs. Margaret Smith has filed suit in the circuit court asking $20,000 damages against Glynn. She aleges that it was entirely due to the information filed by Glynn in the justice coucrt that she was served with a warrant charging bigamy because she had married Smith, and that the information was filed with a malicious motive.
Labels: bigamy, circuit court, Divorce, jail, Lawsuit, marriage
May 19, 1908
READ SONGS OF SOLOMON
TO ANOTHER MAN'S WIFE.
B. C. Boyles Alleges That S. D. Bur-
nett Thus Won the Love of
Reading passages from the Songs of Solomon and Old Testament romances to Mrs. B. C. Boyles was one means employed by S. D. Burnett to win the woman's affections, Boyles, the husband, yesterday declared on the stand in Judge J. H. Slover's division of the circuit court, where his suit against Burnett for $20,000 for the alienation of his wife's affections is on trial. Just what particular songs and stories Burnett read Boyles was unable to specify.
It was only a short while ago, Boyles said, that he discovered Burnett had been reading form the Scriptures to Mrs. Boyles. He might have seen them reading, he said but he gave no thought to it, because Burnett is a leader in the Presbyterian church at Independence, and Mrs. Boyles is a church woman. It was when he overheard, as he claims, Mrs. Boyles recalling to Burnett things he had once read to her, that he grew suspicious.
This will be denied today, probably, by Burnett, when his attorneys have their inning in which to present the defense. The plaintiff has beeen showing his side of the case to the jury for two days and it will take as long to give the defense.
Boyles is a brother of Mrs. Burnett The two families were intimate until last autumn when Boyles filed suit against his brother-in-law. Burnett owns a section or so of land north of Independence. Boyles operates a dairy farm at Seventy-third street and Brooklyn avenue. Boyles secured a divorce last June on the ground that his wife's love for him had waned. He did not mention Burnett in that suit.
Labels: Brooklyn avenue, circuit court, Divorce, Judge Slover, Lawsuit, Seventy-third street
May 5, 1908
PLAYED AN EXPENSIVE JOKE.
Fathers of Boys Who Tripped a Girl
Sarah Kincaid, 15-year-old daughter of Mrs. Katherine A. Kincaid of Independence, yesterday brought suit in the circuit court for $2,000 against the fathers of Ellis Short and Ellis Bailey, boys, who, the girl claims, caused her to trip and fall while she was walking along Walnut street near Eighth street in Kansas City a month ago, by stretching a rope across the sidewalk.
The boys were holding the rope so that it lay on the walk when she came near it and just as she was abreast of them they suddenly jerked it taut, she avers. Their fathers, Ellis Short and Earle Bailey, are made defendants in the damage suit The girl says she was permanently injured. The Short boy's father is president of the Jackson County bank at Independence.
Labels: banking, children, Eighth street, Independence, Lawsuit, Walnut Street
April 22, 1908
HORSEWHIPPINGS COME HIGH.
One Cost Farmer Klapmeyer $7,000
in Independence Yesterday.
Benjamin D. Kerr was awarded $4,000 actual and $3,000 punitive damages against James M. Klapmeyer, a wealthy farmer living near Little Santa Fe, in the circuit court at Independence yesterday, on account of a horsewhipping.
The testimony showed that the defendant met Kerr near the residence of William Short, another farmer. Klapmeyer stopped Kerr and they engaged in a conversation about trouble with another man. Klapmeyer admitted striking Kerr with a whip but stated that the matter was settled between them before any real injury was inflicted. Kerr alleged that the cracker of the whip struck him in the eye, injuring it.
Labels: circuit court, farmers, Independence, Lawsuit, violence
April 15, 1908
FARMER LOSES DAMAGE SUIT.
Angie Harnish Had Sued Motor Cycle
Club for Scaring Horse.
The horse lost again yesterday in a legal battle with motor vehicles. A jury in Justice Young's court decided there was no cause for action in the case of Angie Harnish against the Kansas City Motor Cycle Club, which the plaintiff alleged on November 3 last caused his driving horse to run away, injuring him and endangering the life of his wife and 2-year-old baby.
Just on the outskirts of Greenwood, this county, he testified, eighteen club members, with their motors exhausting loudly, overtook him and ran around, in front of and behind him. To better hold his frantic horse, Harnish attempted to dismount and was thrown. Then the horse ran half a mile with the woman and baby before crashing into a fence. A party of farmers intercepted the Motor Cycle Club on its return run, and, it is said, threats were made which have prevented the club's returning there on any subsequent runs. The affair had the effect of practically disorganizing the club, but the members were jubilant yesterday that a jury conceded them road rights.
"Now I'm sure we'll get our men together again," the club president, R. D. Martin, said yesterday after the decision.
Harnish's suit was for $300 damages. One of Harnish's ankles was dislocated, a knee bruised and a Sunday suit ruined.
Labels: Lawsuit, motorcycles, organizations
April 1, 1908
WILL TEST NEW SALOON LAW.
Parent May Collect Damages if Li-
quor Is Sold to Minor.
Whether saloons must pay $50 for every offense of selling liquor to a minor with out a parent's written consent is to have its first decision in a justice's court April 3. Yesterday Mrs. Ida M. Carson filed suit in Judge Remley's court against the Kansas City Breweries Company, owners of a saloon at 324 West Sixth street, and James Meaney, a bartender, for $300 damages. Six offenses in the month of March were charged, the minor involved being Claud, the 16-year-old son of Mrs. Carson.
Under this statute, which has never been tested in Kansas City, if saloonists are found guilty the jury has no power to lessen the amount to be paid. Also under conviction there is a penalty that the criminal court may assess for each offense, to say nothing of the forfeiture of license which such conviction would bring with it.
Labels: alcohol, breweries, Judge Remley, Lawsuit, saloon, Sixth street
February 26, 1908
THEIR NOISE RUINED
HIS GENTLE HORSE.
SCARED HIS WIFE, HURT HIS
BABY, INJURED HIM.
So Farmer Harnish Sues Members of
the Motorcycle Club for Dam-
ages Done Him Last
The Kansas City Motorcycle Club members, nineteen strong, have avoided the road to Greenwood, this county, since November 3. That day eighteen of them were waylaid by a mob of twenty-five farmers armed with stones. Only one escaped. And County Judge George J. Dodd was chief spokesman for the beseiging party.
It all came out yesterday when suit was filed in Justice Young's court by Angie Harnish against the club members for $800 damages.
Harnish, according to the papers filed, was driving in a top buggy with his wife and 2-year-old child to Greenwood, when just at the outskirts of the town the "the defendants in a body known as the Kansas City Motorcycle Club, mounted on motorcycles," bore down on his rear "at high speed," carelessly and negligently running upon and by him, the loud and explosive exhaust noises, frightening until he became unmanagable, the horse, which was "not acquainted with motorcycles."
Harnish attempted to alight to seize the horse's bits, and the lunging of the animal threw him into the rock road. The woman, busy with the lines, dropped the baby between her feet and frantically begged the cyclists to stop for the sake of hersef and the baby. Instead of this it is alleged the cyclists only laughed, and trying to outrun the maddened horses, allowing the whirr of the explosive sounds to continue until the horse and buggy smashed into a fence. The baby and Harnish were seriously bruised, the horse, formerly gentle, was ruined, its owner says, and the harness and buggy broken.
A few hours later, when the cycle club members came back that way, they were helf up with a threat of stoning Only one cyclist had the fear or the nerve to run the gauntlet. The others stopped and took their medicine in the form of threats as to what would happen if they ever came back -- and they haven't been back.
The cyclists say that udge Dodd, though an officer of the law, declared to them that he would take the law into his own hands if they did return. Nineteen of them are named, and the amount asked is $800, half of it for actual damages and half for exemplary damages. The case was set for March 3.
Those named as defendants are: R. D. Martin, president of the club; L. J. Vogel, F. J. Hahn, C. Hanson, J. B. Porter, Ned D. Bahr, O. V. Newby, J. N. Glass, Lloyd C. Shielaberger, Fred Berry, Oscar J. Plummer and Dan Patterson.
Bucknew and Houston are attorneys for the plaintiff, and they furnished the court constable with all the addresses of the defendants.
"I know the eighteen of us should have licked those two dozen farmers if the fight had really got started," said R. D. Martin, president of the club, last night, "but we are always considerate of people we meet, and we told them so then, instead of being ugly."
Labels: animals, buggy, Judges, Lawsuit, motorcycles, organizations
February 8, 1908
SUING ON PLUMBERS'S BOND.
City Wants Martin & Keck to Make
Good a Judgment.
Suit for $1,246.50 against Martin & Keck, plumbers, and their bondsmen, the National Security Company, was brought in the circuit court yesterday by Kansas City. The plumbing firm, it is alleged, left an excavation in front of house number 2824 Olive street unguarded on January 8, 1906, so that Maud G. Norris drove a buggy into it, overturning the buggy and breaking her arm. She sued the city and last June got a verdict for $750 damages.
The city wants the plumbing company to pay this judgment and the incidental costs, because the company is under $1,500 bond, through the National Security Company, to the city to put the dirt back in excavations it digs in the streets or to barricade the excavations.
Labels: buggy, circuit court, Lawsuit, Olive street, public works
February 7, 1908
HOTEL LOST THE PACKAGE.
Then DeLapp Sued the Centropolis
and Got a Verdict of $500.
Clyde DeLapp was awarded $500 damages against John H. Van Closter, proprietor of the Centropolis hotel, by a circuit court jury yesterday. De Lapp claimed he left a package, valued at $500, with B. Williams, clerk of the hotel, for safe keeping last June. When he called for the package it could not be found.
Labels: Centropolis, circuit court, hotels, Lawsuit
February 5, 1908
BECAUSE HE HIT A LAWYER.
B. T. Hardin Is Being Sued by T. B.
Buckner, Also and Attorney.
"Yes, I slapped him and I will hit any man who charges me with what he did," was the statement of B. T. Hardin on the witness stand in Judge Goodrich's division of the circuit court yesterday when the trial of the suit of T. B. Buckner against Hardin for $1,000 actual and $5,000 punitive damages for assault was in progress.
The suit is the outgrowth of a quarrel in Judge Seehorn's division of the circuit court in January, 1907, when these attorneys acted as counsel in a damage suit against the Metropolitan street railway. According to the evidence introduced in trial Buckner accused Hardin of appropriating certain papers connected with the former trial. Hardin resonted the statement and called Buckner a liar, at the same time hitting him with his fist, according to Buckner's statements. John T. Mathis, who was at that time connected with the Metropolitan street railway, and who was assisting Hardin in trying the case, also hit Buckner.
Mathis was at first one of the defendants but yesterday afternoon he was dismissed by Judge Goodrich and the trial proceeded with Hardin as the only defendant.
Besides the plaintiff and the defendant there were several prominent witnesses in the case yesterday. Among these were Judge T. J. Seehorn, John Tobin, clerk of the circuit court; Deputy Sheriff Harvey and jurors who were serving on the case in Judge Seehorn's division of the court at the time of the alleged assault. All were witnesses of the affair.
Labels: attorney, courtroom, Judge Goodrich, Judge Seehorn, Lawsuit, Metropolitan Street Railway Company
December 29, 1907
CLAIMS DEPUTIES BEAT HIM.
Jack C. Taylor Sues Marshal Heslip
on His Bond.
Charging that County Marshal Al Heslip, by his deputies, took him from his cell in the county jail by force and assaulted him in another room in the jail, Jack C. Taylor, who for more than a year was confined in the jail on a charge of arson and wsa released without trial a few days ago, brought suit in the circuit court yesterday against Al Heslip, W. H. Dixon and H. Matthias, who are on Heslip's bond, for $10,000 damages. This is the amount of the bond.
Taylor was arrested in July, 1906, charged with setting fire to a restaurant which he owned and operated on Twelfth street, for the purpose of collecting the insurance. A waiter named Smith was tried in the criminal court and was found not guilty. Taylor was then discharged. Taylor appealed to the circuit court some time ago for release because he claimed he had not been allowed trial at the proper time in the criminal court, but he failed to secure the release.
According to the petition filed in his suit yesterday against Heslip and his bondsmen. Helsip, by his deputies, made the alleged assault in October, 1906, although nothing was ever said about the assault at that time.
Marshal Heslip said last night: "As far as our beating Taylor is concerned, there is no truth in it. When prisoners adopt the plan of being mute in the jail we take them out of their cell and put them in the dungeon. We did this with Taylor, but he was not assaulted. My deputies do not assault prisoners, and that part of the story is not true in any particular."
Labels: arson, circuit court, County Marshal Heslip, jail, Lawsuit
October 29, 1907
SAYS HIS PUZZLE WAS SPOILED.
Advertising Man Sues Jewelry Con-
cern on a Wrong Guess.
Because a jewelry company published what S. G. Lindeman, who describes himself as "an advertising generalist," says is a wrong answer to the puzzle: "7 for 7. What's the answer?" Lindeman sued in the circuit court yesterday afternoon for $25,000 damages.
Lindeman says he originated the puzzle and has spent $3,500, since October 10, in putting it on billboards and in newspapers for the public to wonder over. In his suit he doesn't disclose the answer, but admits that it is something to sell and that he is to be paid for his work.
Since October 23 the jewelry company has been telling the people through the press that the answer is "a seven-jeweled watch for $7." Lindeman claims that this isn't the right answer at all, and that the publishing of it as such has injured the value of his scheme.
If the jewelry company had guessed the right answer it would have received, according to Lindeman, $25.
Labels: circuit court, Lawsuit, newspapers
August 15, 1907
BLAMES THE WIFE'S SISTER.
J. S. Evans Sues Nellie Edwards for
J. S. Evans, owner of a livery barn at 8533 Independence avenue, brought suit in the circuit court yesterday afternoon for $25,000 damages against Miss Mellie Edwards, a sister of his wife, charging her with having alienated his wife's affections, and instigated a divorce suit sought by his wife on July 16, this year.
Miss Edwards lives in Bevier, Mo., but has visited her sister, Mrs. Evans, at the Evans home, 3617 Thompson avenue, frequently during the Evans' twenty-three years of married life. Miss Edwards owns considerable property in Bevier. She is now living with her sister at 3517 Thompson avenue, while Mr. Evans is rooming away from home.
"I have ordered Miss Edwards away from my house on more than one occasion," Evans said last evening, "but she is still there. She came in December on her last visit and I left home April 1. She is still in my house."
Mrs. Evans, in her petition for divorce, which is set for trial next fall, alleges that her husband drinks and uses abusive language toward her.
Labels: Divorce, Independence avenue, Lawsuit, Thompson avenue
June 29, 1907
FOR RUNNING DOWN BOY.
Three Autoists Confess a Judgement
Elmer Williams, Charles H. Williams and John Anderson of the Williams Realty Company, yesterday afternoon confessed judgement in the circuit court to $500 damages for running down Halma G. Dixon, a messenger boy, in their automobile at Fourteenth street and Troost avenue May 11, 1907. The Dixon boy, who lives at 1312 Cherry street, was riding a bicycle.
Labels: bicycles, Cherry street, children, circuit court, Fourteenth street, Lawsuit, Troost avenue
June 29, 1907
LOST HUSBAND'S AFFECTION.
Leavenworth Woman Sues Her
Father-in-Law for $20,000.
LEAVENWORTH, KAS., June 28. -- (Special.) Edward Roser, Sr., a wealthy capitalist of Leavenworth, was sued today for $20,000 by Sara Roser, the wife of Edward Roser Jr., who alleges that he alienated the affections of her husband. She alleges that the senior Roser caused the junior Roser to desert her. She is now living with her brother, Patrick Clarkin, in Kansas City, Mo. G. G. Wright of Kansas City, Mo., is Mrs. Roser's attorney.
Labels: Lawsuit, Leavenworth
June 4, 1907
FAINTS, GETS A NEW JURY.
Judge Goodrich Believes Nerves
Might Influence in Damage Case.
A few minutes after Rose Stauffer, of Moberly, Mo., took the witness chair in Judge J. E. Goodrich's division of the circuit court yesterday afternoon to testify regarding how she had been injured in a street car accident in Rosedale two years and a half ago she went into hysterics and fainted. Dr. E. L. Mathias, who was attending juvenile court, across the hall, was summoned and succeeded in restoring the woman to consciousness.
Inasmuch as the plaintiff alleges that one permanent result of the injury, because of which she wants $20,000 damages, is that her nerves are affected. Judge Goodrich thinks that her fainting may prejudice the jury. He adjourned the case until this morning, when a new jury will be secured.
Labels: circuit court, courtroom, doctors, Dr Mathias, Judge Goodrich, Judges, Lawsuit, Rosedale, streetcar
June 2, 1907
Gets $3,000 for His Foot.
George W. Tucker was given $3,000 for his right foot by a jury in Judge Brumback's division of the circuit court yesterday afternoon. Tucker was employed by the Missouri and Kansas Telephone Company, when a pole rolled from a pile and hit his right leg, smashing his foot. The telephone company will appeal from the verdict.
Labels: circuit court, Judges, Lawsuit
April 14, 1907
NOW DANNAHOWER SUES.
Alleges Conspiracy Prompted His
Prosecution and Asks $20,000.
After a three days' trial before Justice Shoemaker on a charge of stealing $30 worth of lumber, W. L. Dannahower, a real estate man, was acquitted yesterday. W. C. Carson, a contractor, was the complainant.
As a result of the action in Judge Shoemaker's court, a suit was filed in the circuit court by Dannahower yesterday afternoon against Homer B. Mann, Clyde Taylor, James H. Richardson, L. Rosenfield, W. C. Carson, C. A. Shawver, I. N. Wagner, Al Heslip and N. B. Olson. Dannahower asks for $20,000 damages and alleges that a conspiracy was entered into by the defendants in causing his arrest and in causing Anna Trestrail, the principal witness against Dannahower, to swear to an affidavit charging him with stealing a quantity of shingles.
County Marshal Heslip and Deputies Olson, Shawver and Wagner are made defendants as arresting officers, it being alleged that the complaint was not properly drawn.
Labels: circuit court, Judge Shoemaker, Lawsuit, police, real estate
April 12, 1907
CITY WINS "GLASS EYE" SUIT.
Laborer Washed Optic in Water
Impregnated With Dynamite.
John McCann became an employe of the city in 1902 as a member of the water works department. He had at the time only one good eye, the sight of the other having been destroyed and instead of a seeing pupil he had a glass substitute. After working hours one day he discovered, by the aid of a looking glass and the sight of his good eye, that his artificial eye was covered with dirt and he took it out of the socket and gave it a thorough washing in a bucket of water, which it was learned later had been used to wash off several sticks of dynamite. Following this act on the part of Mr. McCann, his other eye became blind and he filed suit against the city for $25,000, alleging that the dynamite washed in the bucket poisoned the water and thus caused the loss of his second eye.
After a trial lasting the entire day Judge McCune, in whose division of the circuit court the case was heard, instructed the jury to return a verdict in favor of the city. He held that the city was not responsible for the water in which its employes washed their glass eyes. The case has been in the courts for several years, the city in the last trial being represented by Charles Bush, assistant city counselor.
Labels: circuit court, Judge McCune, laborer, Lawsuit, visual impairment
March 2, 1907
SUES HIS WIFE'S RELATIVES.
Mother-in-Law One of those
Blamed for Alienation
William T. Dunlap, a telegraph operator in the employ of the Postal Telegraph Company, yesterday filed suit in the district co urt, Kansas City, Kas., against his mother-in-law, Sarah A. Brown, and his sister-in-law, Mattie L. Brown, for $30,000. He charges that his sister-in-law and his mother-in-law together alienated the affecitons of his wife.
Dunlap says he married Jessie Brown in Piper, Kas, June 28, 1899. Since that time he and his wife have lived in various parts of the United States. Mrs. Dunlap insisted upon making frequent visits to her mother and sister. After each visit, Dunlap says he noticed a lessening in his wife's affections for him. The last visit made to the Browns, who live at Piper, Kas., was in July, 1906. But a orrespondence continued.
"I wish I had the money to buy him out and let him go," is one of the remarks which Dunlap says his mother-in-law used to disparge him in the eyes of his wife. Besides this, he alleges that both mother-in-law and sister-in-law told his wife that he was a fool, continually found fault with him to her, told her that he did not provide decent furniture for their home, and that he was not good enough for her, anyway.
Because of these uncomplimentary remarks, Dunlap says that his wife left him January 7, 1907. But in a day or two she came back to take most of the furniture, not even leaving him a bed. All she allowed him was a cook stove, a small stove, four chairs and a wire couch, but no bed clothes.
And so, as Dunlap says, "disgraced and rendered homeless," he filed suit for $30,000 against his mother-in-law and his sister-in-law, who live on a farm near Piper, Kas.
Labels: Divorce, Lawsuit, Piper, telegraph
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