The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-04
POLICE COURT.
Casiek and His CrusadiDg Friends
Meet Again.
Strife Among the Lawyers--.Case
Postponed till next Fri>
day Afternoon.

Yesterday morning the Police Cour
rooms we're again crowded to hear the test
morv anil witness the strife between JohI
Cu'ick, the repre- sentative saloon keeper
and the irrepressib'e crussd,ri. About fif.
teen J; dies were prssrr', accompanied by
their male p'osecto'-. and three ciergymeu
appeared within The ,uner railing 10 lend
the weight Of Their pr, sance toward the de.
cision OF the csse
| When the lawyers for the prosecution and
defense put 10 an appearance with the
authorities" under their arms. it became
evident that trouble was about to commence.
Messrr. Fi,z"illiams, Matthias, Douglas,
and Higginbo;ham appeared for the prose.
cution, and Mts,rs. Fenlon and Tsylor for
the defense. From the very first ther. was
disPute in regard to how the hi,l should
be conducted. The prosecution wanted to
leave the decision in the hands of the Police
Judge, and the oe'ense waited 70 submit j,
to a jury.
This point was hotly contested for about two
hours, and then the Judge, after an apology
for his feelings, AMI the way he wss obi ged
to interpret the law, overruled the motion
askirg for jury, and gave his reasons why
the judgement shosld be rendered by the
court and the defendant denied the RICH, of
Trial BY jury.
The counsel for the prosecution called a.
the first wines, Mrs. E. B. C.lkins, who
tes,i6ed that she, in company with another
iady, visited Cusick's s,loon one SUNDAY
afternoon, about thne O'Clock, and found
the saloon open, the proprietor with a tray
Of empty beer gases in bis hands, and
young men in the back room playing eards
Do being cross examined, Mr.. Cslkins said
she saw the cards in the hands of the yourg
men, and presumed or inferred they we're
playing, bu. did see them. Did not play
cards herself, bu, knew several games,
such a. whist, euch,e. casiDo, &c.
She did not see the Young
men plsying any Of those gau.s. Mrs.
North vas tie ext witness callel. She tes-
tilted to going into the cal loon in company
With Ars. Caikins, snd seeing the young
men seated at the table with card. in their |
hands; saw the proprietor coming out Of the |
back room with tray Of empty b'eer glases.
Gross ex amined.-Did not zee the young
men playing the c.rd.; do not know any Of
the games played in such place; there was
no beer in the glasse. carried BY tine piopri-
eter.
These two ladies we're the only witnesses
cslled by tie prosecution.
When the defense was called, Fenlon arose
and objected to any further proceeding for
the following reasons: Firs, that the ordi-
nance under which the case was being tried,
y as not in force; second, that il 10 force, the
council had no right to enact such an ordi-
nance; third, that the complaint did not
specify any offence under the ordinance il
.here. was one in force. He informed the court
hat The defense was 20 sure that these OBJ
jecsions could be sustained that they asked
for IN extenrion Of time that the authorities
night be produced. The whole question of
he validity Of such ordinances had been re-
,eatly tested in Cincinnati. and the numer-
,us authorities there cited could he produced
10 sustain tie objections made by tie de-
Ienfe.