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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.

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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."

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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.

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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."

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January 21, 1910

NO LOVE NOTES IN
THIS GIRL'S SUIT.

Cigar Stand Manager, Young
and Pretty, Sues Rich
Saloon Keeper.

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."

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January 18, 1910

IN WAY, MAJOR'S
WIFE GETS DECREE.

Told She Hindered His Army
Progress, Returns From
Islands for Divorce.

When Mrs. Ruby B. Rutherford returned to the Philippines after a visit with her mother at Columbia, Mo., her husband, who is a major in the army, met her at the boat and frankly told her he was sorry she came back to hinder his progress as an ambitions officer. Mrs. Rutherford lost no time in returning to "the States." Yesterday a divorce was granted her by Judge Seehorn in the circuit court.

Mrs. Rutherford lives at the Brunswick hotel, at Eleventh street and Broadway. She introduced as character witness her brother, C. P. Bowling, cashier of the Exchange bank of Columbia, and Judge James E. Goodrich of the circuit court. Her daughter, Dorothy, aged 9 years, was not in court.

CALLS HIM INSOLENT.

The Rutherfords had domestic trouble before they went to the islands, and Mrs. Shepherd, wife of a captain, who often visited them at the Presidio, San Francisco, was a witness. Major Rutherford, she said, was insolent.

Mrs. Rutherford said most of her trouble had been at the Presidio, although she said the major stayed out nights after they went to the Philippines and was sorry when she returned to him after visiting at home.

A highball incident when Mrs. Rutherford gave a party at the Presidio was told in court. She said they ran out of whisky. She thought they had had enough, any way.

ANOTHER BOTTLE GOTTEN.

Another officer insisted, Mrs. Rutherford said, in going out for one more bottle. When he returned Mrs. Rutherford had her highball made "light," and Major Rutherford was angry because it wasn't the same strength as the drinks served the guests.

"When I insisted on a light drink," said Mrs. Rutherford, "my husband became angry because I did not drink as fast as he thought I should and he came and pured whisky into my glass until it ran all over me."

Mrs. Rutherford testified that while she liked to have a clean, neat house her husband, in his insolent manner, always made fun of her tidiness.

PUT FEET ON TABLE.

One of his delights, she said, was to finish his meal before his wife and then "rear" back in his chair and put his feet on the table.

When Major Rutherford, the wife testified, told her she was a "drawback," that she hindered his progress in the army and that he was downright sorry to see her back again, she left him, determined to sue for divorce.

Major Rutherford is connected with the medical corps and has an income of $4,000 yearly. They were married at Columbia, Mo., January 10, 1900, and Mrs. Rutherford left him February 14, 1909.

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December 15, 1909

MUST TAKE PIANO AND GO.

Wife Suing for Divorce Has No Place
for Husband's Brother.

Mrs. Pauline Bovee is to have temporary custody of her two little girls. Judge J. G. Park of the circuit court yesterday awarded the mother the temporary custody of Lorena Bovee, aged 10 years, and Med Bovee, aged 8. The children are not to be taken from the county.

Albert W. Fischer, a brother-in-law, is restrained from going to the woman's home, 2513 Woodland avenue. The court ordered that he remove his clothing and piano immediately.

Mrs. Bovee is allowed $45 a month as temporary alimony and $200 attorney fee. Permanent custody of the children will be decided when the divorce suit brought by Mrs. Bovee against Wayland Bovee is finally settled.

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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.

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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.

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November 2, 1909

JUROR'S BEER DELAYS CASE.

Falls Against Railing and Then Tells
Judge He Had Two Glasses.

Because one of the jurors had been drinking, Judge E. E. Porterfield of the circuit court yesterday afternoon was forced to continue a trial until this morning.

The juror asked to be excused to get a drink of water. Coming back into the room, he fell heavily against the railing and had difficulty in regaining his seat.

"You have been drinking," said the court.

"Only had two glasses of beer," was the reply.

"I will continue the case until tomorrow morning," said Judge Porterfield. "If you are under the influence of liquor at that time, I will fine you for contempt of court."

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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.

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October 13, 1909

NOT TO BE A DIVORCE MECCA.

Judge Powell at Independence
Transfers 52 Default Cases
to Kansas City.

Judge Walter A. Powell of the circuit court is determined that Independence shall not become a divorce mecca for mismated Kansas Cityans.

Yesterday, by arrangement with the circuit judges here, he transferred fifty-two default cases back to Kansas City. Twenty-two cases in which papers were in the hands of officers for service, were retained in the Independence division. It is probable that Judge Powell will transfer more cases the later end of the week.

It has become the custom of disgruntled married persons in Kansas City who seek divorce to enter suit in Independence with the idea that they can avoid some of the publicity usual in such cases and also obtain decrees with dispatch. Judge Powell intends to put an end to the custom.

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October 11, 1909

MET AFFINITY ON WOLF HUNT.

Dell L. Park Granted a Divorce
After Giving His Evidence.

Affinities may not be common to the woods and fields, yet from the evidence in a divorce suit heard yesterday by Judge E. E. Porterfield of the circuit court affinities there are and everywhere. In fact, the evidence had it, a Kansas City woman found one on a wolf hunt.

Dell L. Park, an inspector in Kansas City for the Hartford Insurance Company, was the plaintiff in a suit for divorce brought against Mollie E. Park. Last spring the couple went to Yates Center, Kas., on a wolf hunt. Here Mrs. Park, it is alleged, met her affinity. She did not appear in court, and Judge Porterfield granted Park a divorce.

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October 10, 1909

COLONEL SWOPE LEFT AN
ESTATE OF $3,000,000.

ENTIRE INSTRUMENT WRITTEN
IN HIS OWN HAND JUNE 15, '05.

Full Text of the Paper as Filed in
Independence Shows the Wide
Extent of Kansas City's
Benefactor's Holdings.

An estate of $3,000,000, by the provisions of the will filed yesterday in the Independence division of the probate court was left by Colonel Thomas H. Swope to his near relatives, friends and to charity. The greater part of his property is bequeathed direct to his blood relations. City lots left to the Humane Society is the largest gift to charity.

The will was filed for probate by J. G. Paxton, an attorney of Independence, Mo., who framed it June 17, 1905. Mr. Paxton since has been its custodian. In filing the will, Mr. Paxton was accompanied by Stuart S. Fleming, Mr. Swope's nephew, who lives in Maury county, Tenn.

Colonel Swope named Mr. Paxton, Mr. Fleming and James M. Hunton of Independence his executors, and requested that they be allowed to serve without bond. George B. Harrison, Arthur F. Day and F. T. Childs, all of whom live here, signed as witnesses. The three men were present yesterday morning in court to attest their signatures.

A "HOLOGRAPHIC WILL."

The instrument states that "this is my holographic will." This is to indicate that it was written by Col. Swope. There were no changes in the instrument as written by him.

The bequests to charity are as follows: To Humane Society, two lots in Turner Company's addition; to Park College, two lots in West Kansas addition; to the Women's Christian Association, $10,000 cash; to Young Women's Christian Association, $10,000 cash; to Young Men's Christian Association, $10,000 cash; to the Provident Association, $25,000 cash.

After providing for charity and making specific bequests to his near relatives and friends, the balance is left to his nephews and nieces, to be divided share alike.

S. W. Spangler, attorney for Mr. Swope, has prepared a conservative estimate of the values of some of the real estate bequests made in the will. The values are as follows:

One-half of the two story building at 1017-1019 Main street, left to Ella J. Plunket, $75,000; the other half of the same property, left to Gertrude Plunket, $75,000; the undivided half of lots Nos. 10 and 12 on East Fourth street, left to Felix Swope, $13,250; the northeast corner of Hickory and Joy streets, now occupied by the John Deere Plow Company's warehouse, left to James Hunton, $40,000; the northeast corner of Twelfth and Walnut streets, 85-115 feet, left to Margaret Swope's five unmarried children, $400,000; 1112-1114 Walnut street, left to the same children, $190,000; 916-918 1/2 Main street, to the same children, $120,000; the northwest corner of Mulberry and Eleventh streets, to the same five children, $50,000; the southeast corner of Twelfth and Campbell streets, left to the five children, $60,000; 915 Walnut street, left to Frances Swope, $87,500; 120 acres, to the south half of the ground occupied by the Evanston Golf Club, to Thomas H. Swope, Jr., $240,000; the eight-story building at the southeast corner of Eleventh street and Grand avenue, to his nine nephews and nieces, $400,000.

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September 21, 1909

CRUELTY A DIVORCE CHARGE.

Army Surgeon's Wife Says She Was
Prisoner in Dark Room.

Mrs. Rubey B. Rutherford filed suit for divorce in the circuit court yesterday against Henry H. Rutherford, a surgeon in the United States army, now stationed in the Philippines. They were married in 1900 in Columbia, Mo., and separated last February. She charges that Rutherford used harsh language and on several occasions locked her in her room, taking away the incandescent lights so she would be in the darkness. When she returned to the Philippines in 1908 after having visited her parents in the United States, she says he told her he was sorry she had returned. Later he told her to go home and stay, she says, and she did so. There is a child, now nine years of age.

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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.

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July 15, 1909

SOUGHT RELIEF IN COURTS.

James King's Marital Experiences
Were Too Strenuous, He Says.

James I. King had a strenuous marital experience, according to the petition for divorce he filed in the circuit court at Independence yesterday against Gertrude King, in which he says: "She scolded, she fussed, nagged, threw scalding water on him, struck him in the face, hurled a hatchet at him, cut him with a butcher knife, threatened to poison and 'gas' him, broke the alarm clock, which awakened her, refused to get his breakfast or lunch, took his wages, locked him out of doors, refused to let him attend lodge, cashed in goods he bought at the store if they did not suit her and kept the money, threw grease on his clothing, struck and scratched him and then ran off with his children by a former marriage."

This capped the climax and King sought relief in the courts.

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May 21, 1909

WED AT 13, AT 15 DIVORCED.

Judge Porterfield Grants Decree to
Mamie May Carroll.

Married at 13 and divorced at 15 is the record of Mamie May Carroll. She was granted a decree yesterday by Judge Porterfield of the circuit court and given the custody of her baby girl. Daniel Carroll, her former husband, is a teamster. The allegation was non-support. At the time of her marriage Mrs. Carroll's mother, Mrs. Maggie Ehlin, 2130 Washington street, gave her consent.

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May 13, 1909

JOHN HAYES ENJOINED IN
SUIT BY FORMER PARTNER.

F. H. Tillotson Would Restrain the
Former Police Chief From Selling
Detective Agency Stock.

Freeman H. Tillotson brought an injunction suit in the circuit court yesterday against John Hayes and John B. Hayes, Jr., to restrain them from selling, voting or transferring twenty-four shares in the Hayes-Tillotson Detective Agency. The plaintiff says that on June 18, 1908, he transferred the stock in question to Hayes, without consideration. Now he asks the court to give him back the stock and to restrain the Hayeses from disposing of it.

"Tillotson was invited to quit the agency May 1," said John G. Schaich, his attorney. "He is bringing this suit to recover his stock in the concern."

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May 2, 1909

HOLDS CONTRACT VALID.

Husband Didn't Keep Agreement,
and Judge Annuls Marriage.

Before Annie Shapiro and Hyman Stopeck were married Stopeck promised his future bride, daughter of a Jewish rabbi, that he would go through the Jewish ceremony of marriage as a confirmation of the knot tied in civil marriage. But Stopeck backed out and would not participate in the second ceremony. So his wife brought suit in the circuit court to annul the marriage.

After having had the case under consideration for several weeks, Judge Slover yesterday decided to annul the marriage.

"The promise the husband made that he would have the civil marriage solemnized by the Jewish ceremony was part of the contract when the civil marriage was entered into," said Judge Slover. "The contract of marriage was thus never fully carried out."

The Stopecks were married August 4 of last year in Kansas City, Kas. Returning to this city to the home of Samuel Shapiro, father of the bride, at 501 Oak street, they had dinner. The bride then asked that the Jewish ceremony proceed, but objection was made by Stopeck, who left the house and did not return.

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April 27, 1909

WED, HE SAID, WHILE
IN HYPNOTIC TRANCE.

FOR THAT REASON CATTLEMAN
SUED FOR DIVORCE.

Charles E. Brooks Says Woman
Rubbed His Head Until He Was
Unconscious and Then
Got a License.

Hypnotism was responsible for his marriage, declared Charles E. Brooks, a cattleman, who yesterday secured a divorce from Estella Brooks by default in the circuit court. Judge Porterfield heard the case.

Brooks, who is about 55, while his former wife is 30, said in his testimony:

"I met Mrs. Estelle Neville February 6, 1908. She answered my advertisement for a housekeeper. She called me up and asked me to take her to lunch down town. During lunch she borrowed $30 from me. She said she could buy a $60 coat for $30 at a sale that day. The same evening she paid me back the money.

"At that time she was running a millinery store on Twelfth street. I went there on Saturday night, two days after I had met her. I was suffering from the effects of a street car accident. She asked me if I did not want her to rub peroxide on my forehead. I said no, but she got on her knees and began to rub my forehead. She continued to rub my head and asked me to marry her. She kept on rubbing my head until I did not know what was going on.

GOT LICENSE AT MIDNIGHT.

"Then she called up the recorder -- it was midnight -- and had a license issued. We went to a minister's and were married. On Sunday -- the next day -- I awoke in a hotel on West Twelfth street. I was in bed and she was sitting beside the bed. We went to her millinery store and stayed about an hour. After that I went to my daughter's home. I have never been back to Mrs. Brooks's home since.

In answer to questions by Judge Porterfield, Brooks said:

"She told me she was a hypnotist. She had several books on the subject."

This was Brooks's second attempt to get a divorce. Earlier in the year he brought proceedings to annul the marriage. He was brought into the court of Judge Goodrich, February 1, on a stretcher and taken to a hospital immediately afterwards. Judge Goodrich refused to hear the case, telling Brooks that he should sue for a divorce, as the things complained of had happened before the marriage. Mrs. Brooks filed an answer denying the charges.

The records of the recorder show that the Rev. Frank S. Arnold of 5143 Olive street performed the ceremony.

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April 18, 1909

YOUTH GETS A DIVORCE.

Married a Woman Old Enough to
Be His Mother.

When 20, he married a woman of 47. At 29 he secured a divorce.

Samuel W. Yohalem told his story to Judge Seehorn of the circuit court yesterday and was given a decree. He is employed by the Brown New Company and she lives in Cleveland, O.

"In 1900," said the youthful husband, "Mrs. Kate H. Yohalem wrote to me to come to New York and we were married. She then owned a summer home in Clinton county, N. Y . She left me after we had some disagreement."

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April 7, 1909

FATHER SEEKS COURT'S AID.

Wants Daughter Taken From House
of Good Shepherd.

In the circuit court this morning there will be a hearing int he case of Gertrude M. Gross, whose father, T. E. Gross, seeks her removal from the House of the Good Shepherd by a writ of habeas corpus. Gross, who lives in Kansas City, Kas., filed suit in the circuit court yesterday, alleging that the girl was placed in the home March 19 by Addie Gross, his wife, without his consent.

The writ, which is directed against Mother Mary, the superior at the institution, was issued by Judge Slover and made returnable today.

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March 28, 1909

BRIDE OF 16 SEEKS
TO ANNUL MARRIAGE .

Nellie Walker, Who Eloped Last
Wednesday, Says Boy Husband
Can't Support Her.

Nellie Walker, 16 years old, who went to Olathe on the Strang line last Wednesday with Frederick R. Walker, 18, and was married, brought suit in the circuit court yesterday to annul the marriage. The elopers were arrested the evening they returned from Olathe and given into the custody of their parents. Walker is the son of James Walker of 2405 Locust street, and Mrs. Michael Kellcher of 2053 Holmes street is the mother of the girl. She brings the su it for the daughter.

The wife alleges, in her petition, that she was less than lgal age when the marriage license was secured and that she had the consent of neither father nor mother. She adds that her husband is unable to support her.

The story of two weeks of married life is told in the petition of Daisy Tryon against L. Jay Tryon. She alleges that her husband pouted.

Other divorce suits filed were the following:

Laura Belle against Elija P. Sharp.
R. N against Myrtle B. Kennedy.
Christina against Henry Douser.
Mary against Luther Howard.
Nellie M. against Thomas B. Johnson.
Walter R. against Alice L. Gillaspie.
Pearl against Harry McHutt.
Gertrude against John H.Parshall

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March 25, 1909

IS MARRIED BUT NOT
WEDDED, SHE CLAIMS.

JEWISH CEREMONY NECESSARY
TO TIE THE KNOT.

Rabbi's Daughter Seeks Annulment
of Civil Marriage Because, She
Says, Husband Refused to
Keep Agreement.

Daughter of a rabbi, pretty Anna Stopeck told Judge Slover of the circuit court a story yesterday of how her husband wouldn't wed her, although they were married. Explaining this apparent paradox, she added that, being orthodox, she did not consider herself married until after the Jewish ceremony had been performed.

A civil marriage was performed and the annulment of this is the purpose of the young woman's suit. Her father, Rabbi Samuel J. Shapiro, with whom she lives at 502 Oak street, was with her in court. The case is being contested.

Hyman Stopeck, a tailor at 515 Main street, is the husband. He is about 40 years old, while the girl appears half that age. On the witness stand the wife, telling her story in broken English and with confused idioms, said:
GAVE HER DIAMOND RING.
"Mr. Stopeck paid attention to me last spring and summer. He told me he had never been married before, and I liked him. He gave me a diamond ring and on July 30, 1908, at our home, the formal engagement was announced to our friends. It was agreed that there should be a civil and then a Jewish ceremony, my father and all of us being orthodox.

"So on August 4 we went to Kansas City, Kas., and got a marriage license and were wedded. Van B. Prather, judge of the probate court, performed the ceremony. That was about 11 o'clock in the morning.

"After that we returned to my father's home. Mr. Stopeck stayed there for dinner and until 2 o'clock in the afternoon. Then he left. I have not seen h im since August 7, when he came to ask me to return the diamond ring."

"But why did he leave you?" asked Gerston B. Silverman, the wife's attorney.

"Because he asked my father to give him $500 before he would go through the Jewish ceremony. When this was not done, he said:
INTERESTED IN HER HATS.
" 'I'll let her (meaning me) wait for ten years before I'll go through the Jewish ceremony unless I get that $500.' "

Then the girl explained that her belief regarded the Jewish ceremony as essential.

"And was Stopeck ever married?" inquired Mr. Silverman.

"He told me afterwards that he had been married at Rochester, N. Y., and that his wife had secured a divorce from him.

"Why," continued the girl, "he was so attentive before we were engaged. On July 7 he brought me a clipping from a paper. He said: 'Get yourself a hat like this.' "

Here the attorney displayed a two-column portrait of the Princess de Sagan, formerly Anna Gould, wearing a huge Gainsborough.

When court adjouroned for the night it was expected that the trial of the case would occupy all of today.

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March 20, 1909

GIVES CHILD TO FATHER.

But Court Had No Jurisdiction Over
Baby's Clothes.
"Well, he may take his child if the court so orders, but he cannot have the clothes I bought for it." Saying this, Mary Boyd of Centropolis yesterday in the circuit court at Independence, undressed the little son of Taylor A. White before an astonished judge and jurors and, leaving the nude babe on the bar of justice, left the court room.

White, after the death of his wife a few months ago, placed his infant son in charge of Mrs. Boyd. A few days ago White married again and wanted his child. Mrs. Boyd refused to give up her charge, alleging that White had not paid for its care. White brought suit for possession of the child and received a favorable verdict.

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March 12, 1909

FOUND HER BOY IN
THE PRISONER'S DOCK.

MOTHER HAD BEEN TOLD HE'D
BE HOME AFTER A WHILE.

"Do You Know This Man?" She Was
Asked -- "Why, It's Ernest, My
Boy," Slowly Said the
Aged Witness.

For more than a year Ernest H. Wolf, accused of murder, has been in the county jail, but his mother did not know where he was. On the witness stand in Judge E. E. Porterfield's division of the circuit court yesterday, she said:

"They told me my boy had been in an accident and would come home after a while."

Even then Mrs. Wolf, who is 74 years of age and retains her faculties with difficulty, did not understand what charge her son was facing. She was put on the stand to support the defense of insanity.

"Do you know this man?" she was asked, as the attorneys pointed to Wolf.

Slowly the old woman got out of the witness chair and went over to the defendant. There she threw her arms around him and sobbed:

"Why, it's Ernest, my boy."

For several minutes mother and son were fast in each other's embrace, while tears came to both.

Even after she left the courtroom the aged woman did not realize that her son was on trial for murder.

Dr. B. A. Poorman and Dr. Fred J. Hatch were called as experts on insanity by the defense. They said there were evidences of a disordered mind on the part of the mother.

"Why is the attention of the public not called to insane persons before damage is done?" Dr. Poorman was asked.

"It should be done, but seldom is," said the physician. "Relatives are slow about getting into court and having one of their family declared insane. So it is almost impossible to secure commitment for insanity until the person in question does something which brings him to the public notice and his case its into the hands of public officials.

The case of Wolf, who is charged with murder in the first degree for shooting James R. Smothers in Stelling's saloon on Westport avenue in November of 1907, went to the jury last evening. Smothers died five days after the shooting, which grew out of a barroom fight. Wolf is 36 years of age. Judge Porterfield announced that he would hold a night session to finish, if necessary, because he holds juvenile court today. So there was a rush to finish in order to get everything before the jury before 6:30 o'clock.

After deliberating until late last night t he jury found him guilty of second degree murder. He was sentenced to ten years in prison.

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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.

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March 5, 1909

MAY DANCE WITH FEET
BARE, BUT NOT SALOME.

LATTER REVOLTING, DEBASING
AND DEBAUCHING, SAYS JUDGE.

Still, He Likes Good Shows and
Came All Way From Independ-
ence to See Booth
and Barrett.

Not because her clothes are scanty,
Nor because the beads fit tight;
But because her steps are naughty
Salome must not dance tonight.

Gertrude Hoffman may dance at the Shubert or anywhere else, but it must not be a la Salome.

She may sing unrestricted, except as for "I Don't Care."

She may wear what she pleases.

Against the two first named features of her performance in the "Mimic World" Judge James H. Slover of the circuit court yesterday granted a temporary injunction, and it is thereby made unlawful for Miss Hoffman to present the dance or sing the song in public so long as she is in Jackson county.

"Obnoxious to public morals" and "replete with immoral suggestions" are some of the phrases which occur in the opinion of Judge Slover. Special notice is taken of the use of the head of John the Baptist, which, with the Salome dance, is classed as "revolting, debasing and debauching."

In the main, Judge Slover bases his authority to act on the Spanish bull fight case in St. Louis, which was stopped by the courts on the grounds that it shocked the moral sense of the community. The opinion in its entirety follows:

WHAT THE COURT RULED.

This proceeding by the attorney general of the state of Missouri is to suppress a part of a performance now on the boards of the Shubert theater in Kansas City, Mo., known as the "Mimic World," and is especially directed against the song, "I Don't Care," and the "Salome" dance. The Shubert people claim that the court has no jurisdiction to interfere by injunction, but if the court should determine that it has jurisdiction, then the play itself is not obnoxious to public morals, but is a highly artistic performance.

As to the jurisdiction of the court, the case of the Spanish bull fight in St. Louis, reported in the 207th supreme court decisions, is sufficient warrant for the court to entertain this case.

As to the performance itself, it may be said, generally speaking, that any public exhibition that at first blush shocks the average intelligence of a community is harmful and demoralizing and should receive the condemnation of the courts. In the Canty case (supra) the supreme court said that a public exhibition of any kind that tends to the corruption of morals is a public nuisance and should be oppressed.

OBNOXIOUS TO PUBLIC MORALS.

The evidence in this case shows that the "don't care" song and the Salome dance are obnoxious to the public morals and an offense against the better instincts of mankind and ought not to be tolerated in a Christian community. The song is replete with lewd and immoral suggestions and the Salome dance, in which an imitation head of Saint John the Baptist is tossed about, is simply revolting and so debasing in its character and debauching in its influence on public morals as to constitute a public nuisance which a court of equity has jurisdiction to and should suppress.

Upon the evidence in the case and the authority of the Canty case a temporary injunction will be granted in favor of the relator, but modifying in some respects the restraining order, which may be agreed to by counsel in the case, otherwise to be settled by the court.

SLOVER LIKES GOOD SHOWS.

At that, Judge Slover is a friend of the theater. He goes when there is a good show. Said he yesterday, after handing down the opinion:

"When Edwin Forrest played at the Coates opera house in the '70s, Mrs. Slover and I drove a mile to the railroad station in Independence. We took the train to Kansas City and attended the performance. Returning, the train was due to leave at 2 a. m., but it was 3 o'clock before it appeared. It was 4 when we got home. Besides, there was a snowstorm that night. That shows I am willing to make a sacrifice even to see a good play.

"Again, when Booth and Barrett opened the Warder Grand, now the Auditorium, Mrs. Slover and myself drove in from Independence and back to see the play. There was no roof on the theater when it was thrown open to the public. That was about fifteen years ago."

As no objection is made to the spring song nor to the costume worn by the Shubert dancer, her managers may, with perfect security from the courts, put her on the stage in the same costume and let her sing this song or any other one. Also she may do any dance except the Salome.

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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.

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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?"

"I was."

"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.

"Did you?"

"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.

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January 19, 1909

OFFERED TO BUY ROPE
FOR SON-IN-LAW.

Grady Family Troubles Are
Aired in Court.

"I told him many times, 'Here's a dime. Buy a rope and hang yourself up."

That is the way Mrs. Lizzie Grady's father expressed his opinion of Grady to Judge James H. Slover of the circuit court yesterday. Mrs. Grady had sued for a divorce and there was no contest.

"Did he take the dime?" asked Judge Slover.

"I believe if he had taken it he would have spent it for drink," said the father.

"He never bought the rope, then?"

"No."

This testimony came at the end of a tale of cruelty related by the father. Other witnesses also said that the brief married life of the Gradys had been stormy.

Judge Slover granted Mrs. Grady the decree from Ernewst Grady and restored her maiden name of Frederick.

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January 16, 1909

GIRL WAS CLAWED BY LIONS.

She Asks $5,000 Damages From the
Hippodrome Management.

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.

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December 18, 1908

MARRIED SAME WOMAN TWICE.

Still Frank James's Brother-in-Law
Couldn't Keep His Wife.

Harry Ralston was given a decree of divorce in the circuit court at Independence yesterday from his wife, Alice Ralston, whom he charged with desertion. Ralston is a brother-in-law of Frank James and the marriage dissolved yesterday was the second to the same woman.

Mr. Ralston stated yesterday that his wife had deserted him and taken up her home in California. They could not agree on the control of the children.

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December 17, 1908

LAST OF AN AIRSHIP DREAM.

Suit Is Filed for Non-Compliance
With Anti-Trust Laws.

Dreams of airship fame and their crumbling may be read between the lines of a suit filed yesterday in the circuit court against the Shultz Airship Manufacturing Company. It is a perfunctory matter, in no wise different from the 405 others which were brought against Missouri corporations which have failed to make anti-trust affidavits to the secretary of state.

The Shultz airship was the creation of George D. Shultz, an insurance man, who now lives in Independence. At the time of the company's incorporation his residence was Westport. His flying machine was the first attempt in this part of the country to solve the problem of heavier-than-air machines, a type which does not depend upon a balloon to give it buoyancy.

In the company were also Frank Pelletier of the company bearing his name and J. M. Cleary, attorney, who drew the papers. There were others, too, but their names have been forgotten.

Shultz worked for a long time on his airship, but when it was nearly completed two of the men who had supplied a large part of the funds and were looked towards for more, died. No more money being available, the project had to be left as it was.

It was in 1903 that the company was formed. Since the funds ran out it has practically ceased to exist. So there is little matter, say some of the incorporators, if the state declares forfeited a charter which now is of no value.

"There were a number of inquiries for the machine when it was announced that it was building," said one of the incorporation yesterday. "Had it been completed and turned out all right, the honor of imitating the bird's flight would have brought fame to Kansas City and Shultz, not to the Wrights and Delagrange, Ohio and France.

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November 28, 1908

DR. G. O. COFFIN IS
SUED FOR DIVORCE.

For Second Time His Is Defendant in
Such Action -- Present Wife Was
Widow of Dr. O. C. Trice.

Mrs. Allie M. Coffin, 3236 East Ninth street, yesterday filed suit for divorce in the circuit court against Dr. George O. Coffin, at one time city physician.


Mrs. Coffin's petition sets forth that she was Mrs. Allie M. Trice when she married Dr. Coffin, September 30, 1902. She was then the widow of Dr. Trice.


Mrs. Coffin asks an order restraining her husband from disposing of any of her property now under his control. She asks restoration of the name of Allie M. Trice, and that her husband be compelled to furnish funds for her support.

Mrs. Coffin's first husband was O. C. Trice, who died March 11, 1901, leaving an estate valued at about $75,000, the bulk of it going to the widow. The will was unique in that it set aside the income of $1,000 to be paid to Mrs. Morona A. Short as compensation for caring for "my wife's nag Nellie, and her black cat, Sadie Kuhn." Clinton A. Welsh and Frank L. Breyfogle of Kansas City were appointed as trustees under the will.


By a freak of chance Dr. Coffin's attorneys filed in Judge E. E. Porterfield's division of the circuit court yesterday a technical motion which was a fag end of the first divorce suit against him. Mrs. Minnie Coffin was the first wife. She is now Mrs. Aubrey and lives in Colorado. On statutory grounds she secured a divorce from Dr. Coffin in the circuit court March 18, 1902. She said in her petition for divorce that she married Dr. Coffin in 1883 in Frankfort, Kas.


In this case she was given custody of her two children, at that time aged 17 and 10 respectively. Something like a year later, in trying to make a showing in the circuit court that Dr. Coffin had paid her only $50 a month alimony when he was to have given $100, her attorney, Thad B. Landon, filed a deposition from her to the effect that before the divorce, Dr. Coffin had made an arrangement with her father, Colonel G. A. A. Dean, by which she was to receive $4,000 in cash and $100 alimony, which is now but $20 per month.

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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.

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November 12, 1908

HUSBAND HAD 'POUTY SPELLS.'

Says Mrs. Mamie Beaver in Her Ap-
lication for Divorce.

Mamie V. Beaver commenced suit for divorce yesterday against her husband, William F. Beaver, in the Independence division of the circuit court. That her husband had "pouty spells" and objected to the laundry bill was the plea which made up the petition. Bertha M. Graham, another applicant for divorce, alleged in her petition that her husband, George Graham, had a habit of coming home in an ugly mood and venting his spite on her clothing, which he tore to shreds. Lillian Gebhardt sued Adam F. Gebhardt for divorce. Freda Frazier also wished to be released from her marital ties to her husband, Frank Frazier.

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September 27, 1908

THEIR NAMES BOTHER THEM.

So They Change Them to Less
Bothersome Ones.

Foreign names which proved cumbersome ot their owners living in America caused two men to file petitions in the circuit court yesterday to have their names changed. Henry Malenschein, a clerk for the Western Union Telegraph Company, stated that his name was continually misspelled and mispronounced, and caused him great inconvenience. He asked that he be authorized to write the simple word of "Meyer" in place of what he has been doing all his life.

John Henry Judinich, an Austrian, represented that his name is a hinderence to him, keeping him from enjoying life as he might under the name of Steinhart. He understands that Steinhart is the English pronunciation of his Austrian name. He asks that the court legalize Steinhart, and thereby make this life rosy for John Henry.

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September 9, 1908

MILL CREEK PARK
PROCEEDINGS BEGIN.

PROPERTY OWNERS STILL PRO-
TEST AGAINST HIGH PRICES.

Park Board Blamed for Refusing to
Reopen Case So That Inside
Workings of the Deal
May Be Shown.

Condemnation proceedings were begun in Judge John G. Park's division of the circuit court yesterday by the city against property owners in the Mill creek valley, where it is proposed to lay out a park. The city council on March 30 approved plans for a park, which were presented to the park board. There are 145 title holders who are interested in the court proceedings, besides every taxpayer in the Westport park district.

Shortly after the court had convened, James E. Trogdon, an attorney representing the Westport Improvement Association, entered his appearance in the case. He made an oral argument objecting to the proceedings. Judge Park ruled that the case had started, and he believed it would be best to finish it. He said that as the objectors had not taken any steps to have the city's action in the park matter set aside before, it was too late to stop the condemnation proceedings. After the jury fixes a valuation on the property, the court said it would then listen to any objections the citizens might have.

George E. Kessler, the landscape architect, was a witness in the morning and testified that in his opinion the land was not too valuable for park purposes. A. P. Nichols, a real estate dealer, was on the witness stand all afternoon. The witness was asked the valuation of property in the park district by separate tracts. The property in the valley, which, the land owners claim would be valuable switching property, the witness testified was worth about $2,000 an acre. While the persons owning the land wanted for park use are claiming the property is of more value than the city claims, the residents in the park district who will be required to pay for the improvement say the city is paying too high a price for the land. They also object to the creek valley being used as a park, on the ground that it is a real estate scheme. The condemnation proceedings will last four or five more days.

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August 1, 1908

HE WAS AFRAID TO GO HOME.

Robert Parker, Suing for Divorce,
Often "Sat Alone at Y. M. C. A."

In the divorce suit against his wife, Sidney, filed by Robert Parker in the circuit court at Independence yesterday, Mr. Parker states that when he returned home late at night, after attending to business affairs, his wife was always waiting for him, but not with love and kisses. He avers that the bric-a-brac and small articles of furniture often greeted him.

The evening volley from the front door got to be such a regular thing that Mr. Parker says he was really afraid to go home in the dark. Like the man in the song, his only refuge was the Y. M. C. A., and he often stayed there all night, he says, instead of risking his head by going home.

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July 17, 1908

HIGH COURT IN SUGAR CREEK.

Justice A. P. Fonda, Ousted, Refuses
to Grant an Appeal.

Jackson county justice put another bandage over her eyes yesterday and went on a rampage. While Chief Ahern's Gallagher lunacy commission was sitting without authority under the state statutes, in fact, in direct violation of them, Justice A. P. Fonda of Sugar Creek renewed the controversy of who is really the dispenser of the law in that refinery adjunct.

When the Sugar Creek Mercantile Company, which had run a garnishment on F. M. Dabney and had lost the case, wanted to appeal, Justice Fonda refused to allow the appeal. So the would-be appellant yesterday asked the circuit court for a writ of mandamus to compel Fonda to act.

It has been n early two week ago since Judge Walter A. Powell, sitting in the circuit court in Independence, decided that Fonda was not legally a justice. But Fonda keeps right on dispensing justice at the same old stand.

The whole Sugar Creek controversy originated some months ago when Albert Allen, justice of the peace, found business so dull that he wen tot California on a vacation. During his absence there was some need of a court and so the county judges appointed Fonda to the job. In three weeks Allen returned and turned again to the old trade of justicing.

Then enters the county court again. An order was made commanding Allen to surrender his records, so that they might be turned over to Fonda. Allen took the case before Judge Powell, who held that as Allen had never been disqualified, he was justice still.

So Allen has the circuit court back of him and Fonda is the protege of the county court. And justice goes merrily on in Sugar Creek, home of a court of last resort.

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June 26, 1908

DID SPOT PROVIDE THE FEAST?

Court House Clerks Believe They
Know About McClanahan's Fowls.

Every clerk in the circuit court of Jackson county dined on spring chicken at the home of David McClanahan in Independence last night. About the chickens which supplied the feast there was a veiled mystery, which added greatly to the sweetness of the meat. Arthur Kelly is positive he has found the solution to the mystery.

It runs this wise: About two months ago the county court secured two fox terriers for use in the basement of the court house. These dogs were warranted champion rat catchers, and they willingly lived up to their reputations. When the rats had become exhausted and the dogs had nothing more to do at the court house James Fernald, one of the clerks, spirited one of the dogs to his home. But the dog insisted on catching the neighbors' chickens, bringing them to the Fernald homestead and then and there killing them. Mr. Fernald, at his wife's earnest suggestion, brought the dog back to the court house.

Then it was that Dave McClanahan took the dog home. One week ago he told the clerks in the court house that he was planning a chicken dinner for them. Nice, fine, fat, spring chickens. Arthur Kelly smiled and kept still. He knew the story of Fernald, the dog and the chickens. Spike Henessy, champion chicken eater of the court house, began a starvation diet at once.

Yesterday morning Kelly and Fernald, guarding their secret well, called a meeting of the clerks and presented Dave McClanahan with a brand new dog collar. On the silver plate of the collar was inscribed these words: "To Spot, in recognition of his services." When McClanahan read the inscription he turned red in the face.

"Stung," whispered Kelly to Fernald; "that blush is the blush of guilt. Now for our dress suits that we may partake of the sweets."

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June 10, 1908

WOUND MADE JUROR FAINT.

It Was on the Arm of Plaintiff in a
Damage Suit.

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.

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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.

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May 21, 1908

NO CASE AGAINST DR. JOHNSON.

Specialist Wins Against State
Medical Board.

Trial of the first of many cases brought in the circuit court by the state medical board against Kansas City physicians, who advertise as specialists, resulted in Judge H. L. McCune's court Tuesday in a victory of Dr. O. A. Johnson. Although Dr. Johnson has been established in the city for years as a specialist, the state board brought action to have him enjoined from practicing. Their contention was that he was not a registered physician. They introduced many witnesses.

Dr. Johnson's defense was composed of two score or more, men and women from Kansas City, and from Kansas and Missouri towns, who testified that he had cured them Judge McCune decided that the state board had failed to make a case against him.

There are similar suits pending in other divisions of the court against other specialists.

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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.

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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
Mrs. Boyles.

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.

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