The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-25
TRIAL IS ON.
The Damage Suit of the Topeka
Club
Against the Former POliceBOard
and Officers
BEGUNAT9A.M NJ. TODAY.
Mr.. w. A. L. Thompson the First
Witness Examined.
Testifies as to the Character OF
the Club.
LIQUOR IN LOCKERS.
Each Member Kept His Own
Alcoholic Beverage.
TinuOrS We're Not Sold and Few
LIQUOR IN LOCKERS.
Each Member Kept His Own
Alcoholic Beverage.
LIQUORS We're Not Sold and Few
Members Kept Them.

The case in which the Topeka clubs
actions are in controversy began in the
district court today. The case is entered
as "W. a. L Thompson VS. L T. Yount,
ct al" but in reality it is the Topeka
club against the late Populist police
board, Chief Lindsey and the officers
who raided, or ordered the ''raid," of the
club on the night of August 8, 1898.
Mr. Thompson, with the dozen other
msmbe of the club who were arrested,
are asking for $4,000 damages from A.
B. Whiting, l. T. Yount, Oscar Krauss,
II. c. Lindsey. Peter Gish and Henry
Steele. They claim in the legal phrase
ologv to have suffered to this amount
from the shame, humiliation and dis
grace" of having been arrested and hav-
lug their names associated on the police
court docket with the Peg Legs and
other disorderlies. 1t is assumed, how
ever, that what the club is desirous of more
than anything else is vindicatiOn They
wish TO prove that their handsome and
we'll appointed club house is not con-
Quoted as a drinking resort, but for the
cultivation and social enjoyment of its
members.
c, H. Sterry of Albuquerque New
Mexico, the general solicitor of the At
lantic & Pacific railway, is conducting
the case for the Topeka club. He is a
Nonresident member of the club. Mi
SterrY is assisted by David Overmyer
and Eugene Hagan. The defense is
conducted by A H. Vance, S. B. Isen-
hart and ". G. Webb.
The jury was drawn yesterday after
noon, so the case began at o'clock this
morning without any delay. The jurors
are:
J. I. Harris, W. H Burton,
A NJ. II. Claudy, Sim Watts,
William Reeder, D. E. DeLong,
John WhitloW, S NJ Crockett,
James A. Dwyer, NJ. D. Bailey.
7. Cromwell, A. ]. Hungate.
David Overmyer STATED the case" to
the jury on behalf of the club He read
the original petition in the case, and the
answers of the defendants. Then he said
''This plaintiff has lived in Topeka for a
generation. and has led a stainless and
b!ameless life. He was dragged away
from the Topeka club under arrest, and
was injured only a real man can be
injured.
"The Topeka club house was formerly
private residence There are no
screens. no stained glass windows There
are churches on two of the opposite cor
ners, and there are residences on all
sides. These officers concluded to raid
this club Nobody made any afidavits
against the club or any member of it
they didn't dare to. Out of 125 mem bers
of the club less than twenty kept liquors.
This liquor was seized with a great blow
and carried away. All this was done for
reasons of most ignoble character. The
defense in this case will be a pretense."
5. B. Isenhart responded for the de-
PENDANTS: 1--WE expect to prove" he said,
shat these plaintiffs have been running
big drinking club over there for years.
in spite of every body. 1t was just plain
3Oint-nO, not an ordinary joint, but re-
fined and influential joint This thing
had been going on for years Maybe the
whole club doesn't drink, but there is a
circle that does and countenances viola
tions of the law The violations of the
law at the Topeka club had gone to such
IN extent that the papers were full of it
and the preachers wore preaching about
it. The officers thought to begin with
the big fellows first, to start where it
would do the most good.
these prisoners were treated like
lords. No official finger was laid on their
bToadcloth garments. They were allowed
70 go on their own recognizance. Thev
we're so big it would stun an
officer to ask them for a bond If it had
been any of the rest of us, we would
have been locked up.
These men were never acquitted on
their merits. They fought htandswon the
case on a flaw in the city ordinance
These men were treated much better
than many other prisoners who have
Deen just as good. Our evidence will
show that men and women have gone
there for drinking purposes, and were
carried away from the club house drunk.
I'VE will show that the members gam
bled there. They are high-rollers. YOU
know As a drinking club the Topeka
club takes back seat to none in Kan
sas." -
Mr.. W, A. L Thompson was the frs,
witness. He said he was Al years old
and had been in the hardware business
in Topeka 26 years. He was ouestioned
by Mr.. 6terry:
.Q-How long have you been member
of the Topeka club?
A-SInce its organization.
Q-Do you remember the occasion NJ
your arrest at the club house bv H.nk
Lindsey's police? "-'--
A-Yes.
Q-When was it2