The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-26
section of the constitution,

fifteenth section of the constitution,
must sustain it
''In reference to the suf6ciency of the
answer to this petition, much of it was
stricken out by this court. It was not
my intention to deprive these defendants
of the right to prove that they had reas-
enable suspicion against the Topeka
club. The objection to the introduction
of this class of evidence is therefore over
ruled"
When Judge Hazen had thus delivered
his decision, the lawyers were cautioned
that enough time had been consumed,
and they we're told to resume the exam
ination of witnesses Commissioner
Whiting was called to the stand and tes-
titled in part
Q-State whether or not you had any
information as to the way in which the
Topeka club was run, prior to this raidf
Al did.
Odd you communicate this infor-
nation to Captain Gish?
Al did
Q-What did you tell him?
Al told him that l had received
complaints that the Topeka club
was run as a liquor joint; that beer
was bought and sold there; that the
steward sold it, and that Dick Hodgins
was in the habit of ordering liquor from
n ansaS City DV telepnOn0
Q-Did you tell Gish anything about
gambling at the Topeka club?
This q question was objected to by At
torney Sterry. Judge Hazen sustained
the objection, holding that the charge
entered against the members was that of
selling liquor, and that evidence to prove
any other charge was not admissible.
On cross examination Mr. Whiting was
asked:
Q-Had you information enough
against the Topeka club, in your judg-
ment, to warrant an information being
+ filed against it?
Ayes; might have done So
Q-Why didn't you?
A-Because l didn't think it was my
duty at that time.
Odd you go to the county attorney
as the law requires and tell him what you
knew about the club?
Al did not.
Q-Was it understood when Governor
Lewelling appointed you to the board
that you were to make Hank Lindsey
chief of police to succeed Tim Donovan?
Al can't speak for the other men,
bers of the board.
Dwell, speaking for yourself?
A-(After some hesitation) that
was the understanding.
Q Did the board talk about the Tope-
ka club at its meetings?
Ave talked about all of the clubs,
! including the Topeka club
Q-What did you say to the other com
missioners ABOUT the Topeka club?
Al told them what had been told by
a number of prominent citizens.
Q-Who were some of them?
Al can't recall all of them now.
J There was Col Tomlinson, Ira Van
Houten, Rev. R. Wake, j. B. McAfee, II.
G. Bowman, Rev. L. Blakesley, Rev. c.
N. sheldon, and others
-Q-What was the result of these con.
ferences?
Ave decided to clean up the city
and close everything tight This was
concurred in.
Odd you decide to begin on the
| Topeka club?
A-No, sir. 1t was understood, how
ever, that if we could close the Topeka
club all the joints would close.
Odd the commissioners advise the
raid of the Topeka club?
Ave took no action regarding it
Q-Do you mean to say that you didn't
know the Topeka club was to be raided?
Al didn't know it was to be raided at
the time it was.
Odd you believe what these preach
ers and others told you about the Topeka
club?
Al believed part of it, and part be-
| lieved was merely rumor.
Captain Gish was called to the stand
after Mr.. Whiting had finished testifyipg.
Q-How long had you been on the po-
( lice force when this raid was made?
About five months.
Q-Had you any information of dam
aging nature about the club?
Al had.
Odd you talk to Mr. Whiting about
the club?
A-Yes. He said the Topeka club was
violating the law, and was running a
club just as the other clubs were
Q-Who else did you talk to about
the Topeka Climb?
A-John Collingsworth.
Q-What was he doing then?
Ale was running club Laugh
Q-Who else did you talk tor
A-Pete Callihan and Hank Shaffer
Q-What were they doing?
A-Running joints
Q-What did they say?
A-They said they were running on tie
same plan as the Topeka club.
Q-Did you believe them?
Al did.
Odd you find the same evidence ot
violation of the law at the Topeka clut
as you found at these other clubs?
Al did.
Q-Were you in the habit of drinking
| beer at these other clubs?
Awhile l was on the force 1 may
have taken half dozen glasses of beef
at the clubs.
H G. Lindsey. who was chief of polio.
| at the time of the raid two years ago. anC
admits that he was responsible for the
1
he was fifty years old and had lived il
Topeka since 1856, or thirty nine years
He said he was chief of police from
1876 to 1878. and also from 1898 to 1895
He was also county commissioner 81,
years and deputy sheriff four years.
At the time you ordered this raid haC
you any knowledge that liquor was SOLE
| &ba oI,,bS