The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-27

Thompson and some others were ar
rested at the Topeka club in the summer
of 1898?
Al do.
O-Did you ever tell Chief Lindsey
prior to that time that liquor was being
sold at the Topeka club or repeat any
rumors to him to that effect?
Al never had any conversation with
him on the subject, whatever.
Odd you talk to him about the case
after the raid?
Al think / did.
Q-Is 1t true that you said to him
''You did just right7"
A-No, sir, never said that
Q-What did you say?
Al questioned in a friendly way
whether the raid was judicious one.
was on his official bond and l didn't want
him to make any mistakes
Col w. P. Tomlinson was next called
to contradict one feature of Commits
sioner A. b. Writings testimony.
Odd you ever have any conversation
with A. B. Whiting about the Topeka
club before it was raided?
A-No. sir.
Odd you talk to him after the raid?
Al may have, as did to number of
others of my prohibition friends.
Q-Is it true that you said to him ave
have banished the saloon, but we have in
its place the joint and the club, which
are much worse?"
Awhile l don't remember saying
that, but possibly I did, as those are my
sentiments and have been right along.
Police Sergeant Tim Donovan was next
called to disprove part of Captain Gish's
testimony. Gish said he talked to Dono-
van when the latter was chief of police
about the TODeka club case.
Q-You were chief of police just be-
fore Mr.. Lindsey, were you not?
Ayes, sir.
Q-When you were chief what infor-
nation did Gish give you respecting the
Topeka club?
Ale never gave me any informa-
ton.
Odd he ever mention the Topeka
club case to you?
Ale never did.
Druggist Frank Hobart, who was men
toned in Berry Dukes testimony, was
the next witness. He denied all that
Duke said 80 far as it applied to him.
After some preliminary questions the
examination took this turn
Q-Do you keep 10. F. c. Taylor"
whiskies?
A--No, sir, do not keep it.
Q-Have you kept it within the last
nVe or SIX years!
A-No, sir, have never kept it.
am familiar with the brand. however. I
used to handle it at Newton.
Q-Do you know Dick Hodgins?
A-By sight.
Odd he ever order any liquor from
you by telephone or otherwise?
A-No, sir; he never did
Mr.. Hobart was the last witness.
A recess of fifteen minutes was taken
as soon as both sides had crested" after
which Judge Hazen read his instructions
to the jury. The Instructions were for
NAL and of considerable length, but the
document was wholly impartial.
Judge Sterry made the opening argu-
ment to the jury, talking nearly an hour
In the course of his speech he said:
"These officers were the servants of
party whose only cry was distress and
who hated the sight of anything that
looked like prosperity. The new police
board and Chief Lindsey at once cast
covetous eyes on the Topeka club,
and Chief Lindsey's seat wasn't warm
when he had made the raid. The mem
bers of the clu were not their kind of
people A police officer may
be and frequently is ever so
ignorant Maybe he can't read or write,
and so stupid you are ashamed of his
oON 4uO 0A1G0nCl6S OF DOLL
tics may be such that he gets to be chief
of police. Are we to say that such a
man with no warrant or anything else
may enter your house or mine, arrest US
or ours. and seize our property? Is there
no redress? Can he merely say 4 didn't
need no warrant. The air was full of
rumors and acted on them?' You know
| what rumors are. They are like the big
snow balls we used to roll when we were
boys. They keep gathering more and
more snow until they get SO big we can
not lift them"
s. B. Isenhart made the opening argu-
mont on behalf of the defendants, the
police Among other things he said,
'Col. A. S. johnson has been Haunted
and advertised as the president of the
! Topeka Club. He is apparently expected
to furnish responsibility for 100 men.
No doubt he knows nothing of the man
her in which twenty-five men in the
inner circle are running things. The
trouble with the Topeka club ia that the
members think, no one dare touch us;
we're too big When your verdict il
announced have no doubt that thew will
change their minds The only question fol-
you to determine in this case is whether
or not there was sufficient ground for the
| police to believe that the law was being
violated at the Topeka club l claim
there was. and if they hadn't been quite
SO big they would have been pulled
years ago. Did you ever hear of a man
being arrested so mildly as w. A. L
| thompson No official hand was laid
on the broadcloth garments of the To.
peka club members. They were allow
ed to go alone to the station, where they
were released without bond Is that very
much of hardship on which to ask fol-
! $4,000 damages?"
A. H. Vance, for the police, made q
brief argument He said in substance
"Mr Thompson has said that he doesn't
want damages so much as he desires
vindication. He asks for a verdict
against the police in order to stand vim
dicated. want to say to you that Mr.
Thompson needs no vindication. He hal