Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-11-08
KANSAS STATE NEWS.
An Interesting Case.


In the United States District Court at
Leavenworth recently the following test
case, brought about by the Prohibitory law,
was tried: Adolph OFT, of Kansas City,
Mo-. is a wholesale liquor dealer, and was
charged with being a dealer in Chanute,
this State, without paying revenue license.
This case was warmly fought by the de-
tense, as an adverse decision would work
fearful revolution among liquor dealers.
The case, briefly, is this: OFT shipped by
Express a number of jugs of whisky,
packed in boxes, marked: ''To bearer, c.
o. Dr. each package being numbered. Or
derS were then sent, corresponding with
the numbers on the packages, to different
citizens of Chanute. who presented the or
ders at the Express Office, paid the G. o. D.
and received their whisky. This, the Gov
eminent claimed, constituted OFT a dealer
in Chanute. The defense claimed that the
whisky was ordered through the travelling
agent for Otis Kansas City house, and
that the transaction was usual to any legit-
mate business, and that the Express agent
could not be called Otis agent, as he de-
ivered the goods the same as he would de-
liver goods for any other business for his
company. The defense held in regard to
concealing the jugs that it was possibly for
the purpose of evading the Kansas Prohib-
tory law, but not to evade the revenue laws
of the United States.
Judge Foster stated that he hesitated
somewhat in the case; that a very small
matter of evidence would turn the tide
either way. He thought OFT had a right to
ship goods to Chanute if the orders were
taken in advance, but he could not ship
spirits there to be sold after their arrival.
verdict rendered Of guilty, holding that
the actual business transaction was in
Chanute. The case was appealed to the
United States Circuit Court.
Uudue Familiarity of an Escaped Bear
with a Citizen of Topeka.
A few days ago the largest of the three
bears which have been at Hartzells Park,
Topeka the past summer, broke from the
pit and made his escape to the road. The
creature was about half starved and being
of a very ugly disposition was none too
pleasant a brute to meet alone. Harry
Wilson, who was passing along the road at
the time, suddenly found himself struck
down and rolled about in the mud. He was
frightfully mangled, his ear being literally
torn from his head, and his body bruised
and lacerated in a terrible manner by the
SudI u I66lu anu CIdWS OIL GL0 l0IOClOuS AM
mai. AS soon as he could recover himself
he started on run for the city, where he
reported the circumstances. Charles Wal
dant Immediately started OUT, armed, in
search of the bear, and coming upon him
suddenly, the brute started toward him.
Waldant drew up his gun and, firing, killed
the animal The injured man, Wilson, is
well known in Topeka, and has been a
musician in the band playing at the Rink.
Since the park has been closed as pleas
ure garden, the bears which comprised
part of the "Zoo" have been almost totally
neglected, the keepers evidently thinking
that it was about time for them to go to
sleep for the winter The bears however
did not agree with the keepers, and for sew
eral weeks past have made the nights hide
Gus with their roars, SO much so that the
ueighbors have been unable to sleep.