The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-21
PLAYING FOR TINE
CHIEF MASSEY APPEARS BEFORE
JUDGE JONES TO ANSWER.
Must Tell Why he Should Not be Com
mitted for Contemplate Campbell
Conducts Massey's Case-Fiies His An
swer and when Eckstein Accepts the
Statement of Facts and Proceeds TO
Argue the Points. the Assistant Attor-
ney Generals Bess for Time-Looks Bad
for Massey-Court Room is Crowded.

! Ecy GcneTdiS beSS 1Or IIme-LOOks ba0
for Massey-Court Room is Crowded.
Long before the hour of 2 o'clock yes
terday, the time set for Chief Massey
| 10 appear before Justice Jones and
| show cause why he should not be COM
! nlitted for contempt OF court, there was
a crowd in front of the office.
Justice Jones had issued a writ of re-
plevin for the liquors seized by the po-
lice in the rooms of the Citizens club
and the chief of police had refused TO
surrender the property 10 the officer
having the writ.
Thereupon Justice Jones proposed 10
ascertain whether the owner Of that
jersey COW and Bill Campbell are big
| ger than the state of Kansas as they
are the men issuing orders TO Chief
Massey.
| When Chief Massey with Mr.. Camp
bell, entered the justice office the
crowd outside fled in and filled the
| Office OF Justice Jones. In the crowd
were some of the prominent business
| men of the city.
Justice Jones took his chair behind
| the desk and asked the attorneys if
| they were ready and both Messrs. Eek
| stem and Campbell said they were.
Judge Campbell laid his type written
answer on the table which was 10 show
why Chief Massey should not return
| that beer or whiskey taken from the
Citizens club or go TO jail.
The following was the answer as
! filed:
The Citizens Social Club of Wichita,
Kansas, a corporation, plaintiff,
vs..
o. p. Massey, defendant
n -
Park Massey, for answer and response
10 the applica ton of the plaintiff here
IN Tor an order 10 commit this defend
ent until he shall disclose where the
property sought to be replevined here
IN, Is or deliver the same to the officer
having the order of delivery, herein
says:
l. That he denies having possession
OF any of the said property, except so
much thereof as is included in the
schedule hereto attached.
2. The schedule hereto attached con-
tains list of property which the de-
fendant holds as public officer under
writ duly issued in a criminal prose-
cution as hereby stated
3. The defendant further saws that
heretofore, to-wit: On the 18th day of
August, 1885, a written complaint was
duly filed in the police court within
and for the city of Wichita. charging
Henry Schnitzler, William SchnitZler.
James Burns and Henry Billman with
the offense of keeping and maintain
ing common nuisance in viola ton of
the prohibitory liquor law of the state
OF Kansas, under the warrant issued
IN said prosecution the defendant, as
marshall and chief of police of said
city, seized the personal property men
toned in said schedule as shown by
the return duly made and has ever
no clr IaR. J.,r xr,,.
tue of such writ subject to the further
order of the court issuing the same as
property used in keeping and main
tanning the common nuisance charged
in said criminal prosecution That
said property was found in the place
described in the complaint and were
being used in the names aforesaid and
that said prosecution is still pending
before said police judge and is set for
trial on Saturday, the oath day Of Au-
gust, 1895.
Affidavit further answering denies
each and every allegation made in the
bill of particulars herein and in the
affidavit filed as the foundation of the
application 10 which this is an answer.
except that he refused to deliver the
property above mentioned and set
forth in said schedule to the officer
having the order of delivery herein.
Copies Of the complaint and warrant
on are annexed a 5 part hereof
Signed: OP MASSEY
Then Mr.. Eckstein said ne would adj
nit the facts stated but he would pro-
coed 70 show the authorities for his
statement that they furnished no ex-
cuse for NJ. Massey.
AT this point in the proceedings the
assistant attorney general begun to see
that his client was getting in the hole
and he asked for more time to look up
the authorities as he had beeen very
busy and he was given until o'clock
today.
Some or the attorneys say that Mr.
Campbelrs answer would have been
good as against the SchnitZlers. Bill
man and Burns but as applied to the
Citizen club il was no good and that
Mr.. Massey would undoubtedly have TO
pony up those liquors to Tom Voss to-
DAY 10 prevent going 10 Jail.