The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-03-23
FRIDAY. March II.

The counsel for the defendants in the
city liquor cases closed their arguments
on the motion to quash the complaints
last night, and the court took the matter
under adyisement till this morning.
The complaints were brought under
section of San ordinance to prohibit
and suppress tippling shops," which
reads as follows: mo person except q
reputable practicing druggist or physi-
clan or person having q permit therefor
by and from the probate judge of Lyon
county as provided by chapter 1913 of
the session laws of Kansas OF 1881, shall
keep or allow to be kept stored or re-
main in or about, or in any place con-
nected with his place of business in said
city of Emporia any intoxicating liquors
or any of the liquors the sale of which
without such permit is prohibited by
said chapter 1873"
The court rendered his opinion after
the noon recess, sustaining the motions
TO quash on the grounds that the com
plants were informal and defective,
that the title of said ordinance is not
comprehensive enough to embrace the
matter contained in said section 8, and
that said section is in contravention with
the constitution and law permitting it
to be kept for certain excepted purposes
The defendants were discharged in
the following cases: No. 401. the city
VS.. o. Pfefferle; No. Ala, the city VS..
Ehret; No. 428, the city VS.. o. Pfefferle.
In No. 4e5, the city VS.. Groth, the de-
PENDANT prior TO the above ruling of the
court entered plea of guilty. This he
asked to withdraw and enter a plea OF
not guilty. A motion in arrest of judg-
ment was also made in his case, which,
together with his request to withdraw
his plea of guilty, was taken under adj
visement until morning.
Notice was given by the attorneys for
the city that case No. 401 would be
taken to the supreme court to test the
validity of said portion of the ordi-
nance.
We learn that new complaints will be
fled against the defendants in these
cases under different section of the Or
dinance. The only criminal case re-
naming on the docket is that of James
Conwell tor resisting ali officer.
The court is engaged at this writ
ing, in a damages case against the
NJ. p. railroad for killing a cow
SATURDAY, March IS.
In the damage case of A. A. Wilson
VS.. the Missouri Pacific railroad, which
was tried yesterday afternoon, the plain
tiff recovered $1,000.
The jury was discharged last night
till 2 O'Clock p. m, on Monday. This
forenoon was taken up in disposing of
motions, demurers and court cases and
setting the civil Docket
Groth and Miller were brought into
court this morning AMI received the
following sentences:
In case No. 42s Miller was fined
$3.50 each upon two separate
counts, and costs of suit, to
stand committed till paid, and
for keeping nuisance, was sentenced
to Imprisonment in the county Jail for
ninety days and his place adjudged |
nuisance. Z.
In No. 425 he was sentenced to 80 |
days in Jail, to begin at the expiration of
the prior sentence and to pay the costs |
of suit.
In No. 40, Miller was fined $3.50 and |
costs, and In No. AIS was sentenced to |
90 days imprisonment.
The city VS.. James Conwell will be the |
Arst case tried on Monday, which will |
end the criminal docket. This will be
followed by Eliza Cooper VS.. Gutekunst
and Wind, and the Burlingame Savings
bank VS.. Condell.