The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-27
CHILD MADE DRUNK
CASE THAT CAUSED INDIGNATION
IN POLICE COURT.

interest," mOf8u6Y-LIILl0
were Not DebsHched in the Opel
snIoons that the Goody Good PeOpl
Declared War On-Fleet Roberts WI
have . Hearing Later.
There was some interest in the cas-
against Sam Day Of Day Bros, yester
day in Judge fuckers court for VIC
lation Of the Drohibitory liquor law
but the crime of selling a glass of beel
was lost sight Of when the evidence
showed the commission Of greater
crime, that Of making fifteen year Ole
girl, Della alexander, drunk.
Strong men clinched their hands in
rage and Indignation and when tht
assistant attorney general said in hi:
argument that the shot gun was the
proper tribunal to settle such offences
Ii was about the first utterance that he
had made in these liquor cases thai
seemed to strike the public sentiment
Last Sunday night Chief Massey and
Officer Harry Sutton learned that a
little girl had gone to her home, 401
South Topeka avenue, from the bushes
renter of the city in a state of beastly
lntoxica ton.
The officers called at the alexander
residence at the above named number
and found the daughter, Della, almost
q raving maniac from the influence Of
liquor and the father trying to puiet
her.
The officers remained long enough to
learn that the girl had got her liquor
at Day Bros, restaurant on Douglas
avenue. They came back and arrested
Ed and Sam Day, keepers of the restaur
ant and captured a case of hop ale and
two cases of beer
Assistant Attorney General Campbell
concluded that they had been running
a joint in connection with their res
taurant and he filed an injunction
against them under the nuisance clause
of the prohibitory law.
The case was tried in the police court
before a jury composed of c. A. Fos-
ter. John Farmer. NJ. PARROT. ]. V.
Jones, ]. McAfee L. Sexton, William
Tudors, A. Gore, V. K. Stanley, J. W.
Rife James Beard and s. Briggs They
came out at a late hour last night and
We're unable to agree, and there was not
much hope Of an agreement from the
start.
When Della alexander was called to
the witness stand, a bright little girl
wearing a red dress which reached mid
way between her knees and ankles and
light bicycle cap came forward and sat
upright in the big chair and pushed the
front of her dress down as if she wish
ed to hide as much as possible of her
limbs.
She was modest little girl who said
she was Is years of age, but she looked
younger. Her mother sat inside the
railing and there was a troubled look
upon her face.
Della alexander told her story Of
how she and Jessie Wesslie had gone
to Days restaurant about o'clock last
Sunday. They went into the kitchen
to talk to Sam Day with whom they
were acquainted and Della said there
was bottle Of hop ale on the table and
she took drink of it,
She said that after they remained
little while they told Sam Day they
wanted TO go up stairs to his room
and see the pictures in the album. He
went up and gave them the album and
remained a short time and told them
whose pictures they were and then re-
marked that he would have to go to his
work and that they could remain as
long as they pleased.
Della said Sam Day went down stairs
and then Treat Roberts, a young mar
ried man. with whom they were ac-
quainted. came in to the room and there
was small bottle of whisky on the com
mode and they took a drink and then
they took another drink, and after
that Della could not tell much about it.
Jessie Wesley of 325 South Emporia
avenue, who was with Della, told her
story. She told the same story as
Della alexander about what took place
In the restaurant and in addition said:
when Treat Roberts came up stairs
and / saw Della was getting drunk /
thought there was something wrong
and / went down stairs and told Sam
Day that that man was trying to get
Della drunk. ] had drank hop ale in
the kitchen. l had been unwell and
] asked for it and they gave it to me
but none OF it was paid for.
When I told Mr. Day that Roberts
was trying to get Della drunk he said:
We'll, you go up and fire them all out
I went back UP stairs and told Della to
come on and go home.
she did not come and I took hold of
her and and told her to come on when
Treat Roberts pushed me away and
said Let her alone; | am like brother
to Della, and I viii take care of her
Then ] went down stairs and on home
and did no go back into the restaur-
ant
Mrs. alexander, Dela's mother. said
she came after her daughter about s
O'Clock. an hour after Jessie Wesley
had left the restaurant. and found
Della in a buggy with Treat Roberts
on Toneka avenue and took her out of
the buggy and home. She told how
Della had vomited and how she smell
ed of whisky and that ii was midnight
before they got her quoted.
Mrs. alexander also stated that she
had secured the arrest of Treat Rob
erts and that his case was now pending
before Judge Walker. When she told
her story il was plainly 20 be seen that
her mothers heart was grieved and
there was that in her expression which
eaid | have been deeply wronged.
Chief Massey and Assistant Chief
Sutton and Officer Carpenter described
the building and the liquors found but
the testimony did nto show anything
that looked like a joint or a place
where liquors were kept for sale.
Colonel Sam Amidon was council for
Sam Day and in his argument he claim
ed that the Day Bros, were two young
men who had come here two years ago
and had run a respectable house. but
like many other Germans they liked
their beer. The assistant attorney gen
eral scored Sam Day for not going up
stairs and firing Treat Roberts out Of
his house when he was told that he
was trying 10 make the little girl drunk
Ed Day told reporter for the Eagle
that they never kept any beer in their
place until the prob ibition war was
on and then they did II because they