The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-12
SHE'LL THE WOODS
KUNKEL LIQUOR TRIAL WIS Z
BATTLE AT LONG RANGE
oints were Lost Sight Of in The Fight Over
Legal POints-hn Attachment is Issued
for Henry Billman but He was Not
Found-Serious Charges are Made
Against the Sheriff's Office " hica Judge
Reed will investigate Officer sutton
Gets in Before an Attachment is Served
Lots OF Fun at the County's Expense.

Lots OF Fun at the County's Expense.
The Kunkel liquor trial yesterday
| was a battle at long range and the
joints were lost sight of in the contest
over legal points.
OBto Eckstein shelled the woods in
every direction for legal points and IL
| viii not be a surprise if the case is car
| ned up to the supreme court on a dozen
or more technical points in case a con-
viction is gained.
| Assistant Attorney General Camp
bell evidently struck bigger case
than ne expected. When the case was
assigned for last Monday he told the
| court that ne thought the case could
| be tried in half a day and three days
have already expired and the defense
has only just commenced TO introduce
| its testimony.
| 1t is now believed that the whole
| week viii be taken up with the one
| case before the jury viii have reached
a verdict and this enc case was select
ed as the one that would require the
| least time to try.
| There was a sensation yesterday in
connection with the issuance of an at
tachment for Officer 4. Vi. Sutton. Just
after court convened in the afternoon
Sutton was called by Mr.. Eckstein for
| the purpose of ascertaining what sales
he had in mind when he swore to the
complaint against Kunkle.
! He was not n the court room and Mr..
! Eckstein asked for an attachment and
! stated that the witnesses for the de-
| Tense had been so served whenever
/ they were NOT in sight when the assist
ant attorney general wanted them.
The attachment was issued and near
ly two hours elapsed before Officer
Sutton made his appearance and then
the attachment had not been served.
In the meantime some one Informed
Nj. Eckstein that the attachment re-
manned in the sheriff's office and no
| attempt was made TO serve il.
Mr.. EckSlein asked Sutton on the
! witness stand whether an attachment
had been served on him. He seemed
surprised as if he did not know tina,
one had been issued and he said NO. -
| Then it was that Mr.. Eckstein arose
and informed the court that when an
attachment was issued for one of the
! defense's witnesses that they were
! brought in on the double quick but
| that when one of the states witnesses
failed TO appear and an attachment
| was issued that there was no attempt
on the part of the sheriff TO serve it.
He also charged that when processes
! of this court were served by the sheriff
| and his deputies that they were return
| ed to the assistant attorney general
instead of to the proper officer, the dis
trict clerk.
This was a grave charge and while
Mr.. Campbell took occasion To deny it,
Judge Reed said he would investigate
that matter at the close of this trial
and if the charges Were sustained that
the sheriff would not be allowed 10
collect costs in cases in which he had
been negligent.
Deputy Clerk Charles Luling declar-
ed TO a reporter for the Eagle that Mr..
EckStein could more than sustain his
charges. He said that papers had been
served by the sheriff and instead Of
being at once returned to the district
clerks office they We're first submitted
to the assistant attorney general and
the secretary of the Law and Order
league to be examined and checked up
and in one instance a paper had been
misplaced in the court room by the sec
retary of the Law and Order league
and Mr. Campbell had accused the dis
trict clerk of secreting it or allowing it
to be lost.
The court and jury are evidently be-
y
day when the thermometer danced up
around the one hundred mark the
jurymen opened their coats and vests
and some of them pulled off those need
less articles of dress and Judge Reed
pulled off his coat and vest and hung
them Oh the back of a chair. exposing
a very white shirt and one SalluS un-
buttoned behind.
Seven of the jurors exposed colored
| ~.
laundryed white shirts but they all
showed the grease spots which the ex-
ceSsive heat was frying out of the
good and true men compelled TO endure
all shis suffering 10 determined wheth-
er the bottle of liquid which Officer
Sutton said he saw Albert kunkle sell
was beer or hop ale.
Tie evidence of Officer Sutton when
recalled by Mr.. Eckstein near the close
of the session showed very plainly that
ne did not know beer by sight but did
know something about il when he had
a chance to drink 1T.
Mr.. Eckstein brought out a regula-
ton beer bottle with a hop ale label on
il and asked the officer to state in his
opinion what was in that bottle. He
said IL looked like beer and when asked
If /. looked like what he had seen
Kunkfe sell on the 18th day OF last Au-
gust he said ne thought II did.
Mr.. Eckstein asked him if he would
like 10 have a drink and the witness
said he certainly would. He was given
the bottle and a ccrkscrew when he
proceeded 10 draw the cork. II came
with a pop and the liquid began TO
foam like beer.
Sutton held his thumb over the bot
tie until he got glass. when ne poured
II full and when he had taken couple
Of swallows ne sat Il dawn and de-
clared 81 was not beer and he did not
know what it Was.
Judge Reed and the jury all took d
taste and the assistant attorney gen.
eral tasted and SET the glass down.
The reporter for the Eagle tasted it
it and found il be hop ale such as is
sold on the side to mislead the officers
az such times as the present when the
law Is being enforced Just enough %
make the join3st keep a sharp lookout
E,ekstein made a good point with his
hop ale for the case thar sutton had
witnessed was one seiecJei by the pros
ecution on which to secure G convic-
ton and the chief witness, IN fact the
only witness 70 that particular sale
was Officer Sutton and he mad con-
WINGED tire jury that he could tell hop
ale from beer by sight.
The tirst thing in the morning when
coaVer ed the assistant attorney gen.
ersi asked for an attachment for
Henry BilInan on the ground that he
was obstrueting Justice and should Be
held in contempt
Nr. Campbell made an eloquent sp-
peal - the court 10 show the COM
nldaity that this court could not be
tr;fiSi with. II the p-1reSsaS ~ the