The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-27
END OF THE EVIDENCE.
Last Witnesses Give Their Test
imony in Topeka Club Case.
SOME DISPOSITIONS ARE EXCLUDED.


relevant Besides Arguments OF
Lawyers.
The trial of the Topeka club case was
finished late yesterday, at least SO far as
everyone except the lawyers is con-
cerned. A few arguments remain to be
made, but the evidence is all in, Judge
Hazen has given his instructions to the
jury.
It is apparent from the rebuttal evil
denoe introduced late yesterday that
some of the witnesses either sWore 10
that which was false or else have mem
cries that are more than treacherous. II
several cases the rebuttal witnesses con
tradicted fat footed the stories told Dy
other Witnesses.
Anton Kohs the hackman, better known
az "PegIeg." testified to having been
given whisky from the back door of the
Topeka club. Possibly he had had too
many just before going upon the STAND,
for "Peg" wanted to make a speech to
the jury after be got through testltylng
and Judge Hazen threatened to send
him to jail for contempt
Kohs testified that he had known Dick
Hodgins "since Dick used to drive hack
like me-"
Q-Have you taken people to and from
the Topeka club in your hackF
Ayes
ON so doing have you ever been in
side of the club?
Ayes.
Q-Have you seen people drinking
there?
Ayes; but couldn't tell who they
were
Odd you ever get anything there
yourself to drink?
Ayes; but I didn't have to pay moth
ing for it.
Q-Have any other hackmen been
treated there?
Ayes, Robinson and Duffy.
Q-How did you manage to get these
drinks
, Al would tell 'em 1 had cold and
needed little whisky. and I generally
got it. I didn't get it every time. When
made my talk strong enough I got it.
After "Pegleg" had finished testify
ing Mr.. Overmyer, on behalf of the To-
peka club, moved to strike out all of his
testimony on the ground that it was for
eign to the case and was not proper evil
dence.
Judge Hazen sustained the motion,
saying: "This class of testimony must
be stopped somewhere 1t is herd to
draw the line, but it might as we'll be
drawn here. If he got a drink at the
back door and didn't pay anything for it,
it was not a sale, and it was not unlaw-
full"
The defence had number of deposit
sltlons of damaging nature which they
sought to Introduce. Judge Hazen 'Fed-
tied" the dispositions with his blue pen
ell before they were submitted to the
jury. This was done to exclude passages
which under his rulings heretofore made
in the case are uot competent testimony.
Thus the dispositions were robbed of
their sensational feature or part of it.
The most startling of the dispositions,
that of MOllie Lee, a self confessed dis
orderly character from Kansas City was
excluded entirely. She deposed to the
effect that she and companion had &C.
cupied room at the Topeka club house
for two days and two nights. In a sub
sequent deposition she denied her first
allegations. Her statements were thus
made unworthy of credence. Judge
Hazen ruled as he had heretofore, that
only evidence tending to prove that Ii
Quor was unlawfully handled at the club
was admissible; that anything to prove
gambling or disorderly conduct must be
excluded The first deposition of the
Lee girl bore every evidence of having
been hired for the occasion.
billiard Williams was another witness
whose deposition taken by the defense
aud introduced yesterday. 81 am a
regarding his occupation. 81 mean by
sporting that l bet on the horse races
and sport little with the boys" He as
we'll as A. II. Novels, swore to having
seen beer sold at the Topeka club for
25 cents bottle and whisky for Is cents
a drink.
John E Cooper a wholesale liquor
dealer, says in his deposition that he
keeps several member of the Topeka
club supplied with liquor.
Berry Duke, young man who lives at
1877 Lincoln street, was the next wit
ness
Q-What is your trade?
Al am painter and glaZier.
Q-Do you know Dick HodginsF
Ayes sir.
club?
A-Yes sir, several times.
Q-When?
A-The first time was in 1892 I put
glass In the door and window of the first
floor. They had been broken.
Estate whether or not there is a tele-
phone in the Topeka club?
A-There is.
Odd you ever see it used?
Al did. Dick Hodgins went to the
telephone while 1 WAS there and told
"CentraP he wanted Frank Hobarts
drug store
Q-What did he say3
Ale said, "Send me up three bottles
OF o. F. c. Taylor, right away.
Q-Do you know Frank HobartP
A-4es sir; he runs a drug store al
Tenth and Topeka avenue.
Q-DO you know what 30. F. c. Tay.
Tor" is?
Ayes; it is a brand of whisky.
On cross examination by Mr.. Sterry,
Duke was asked:
Q-Do you work for A. B WhitingP
A-Yes, sir.
GLOW do you know 30. F. C. Tay.
lori is brand of whiskyf
A-Because l used to work in q drug
store where they kept it
Q-When did you tell Mr. Whiting
about this incident?
A -