The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-26
GROWS WARMER.
Both Parties in the Topeka Club
Case
Make the Trial Interesting for
Each Other.
A POINT Is GAINED
By the Police by Judge Hazen's
Decision
On the Question of Admitting
Certain Evidence.
LINDSEY In THE BOX.
The Ex-Chief Testities Regard
ing the Raid"
Says He Ordered 1t and Gave
Instructions.
LINDSEY IN THE BOX.
The Ex-Chief Testities Regard
ing the Raid"
Says He Ordered 1t and Gave
Instructions.

Interest in the Topeka club case was
Increased today, as was evidenced by the
large crowd of spectators who attended
the trial this forenoon in the district
court The most important feature of
the testimony was the testimony of II. c.
Lindsey, who as chief of police ordered
the raid. Chairman A. B. Whiting of the
old police board and Captain Gish also
testified.
1t was expected that the defense in the
Topeka club case would introduce some
sensational evidence at the trial yesier-
day afternoon. But it did not. On the
contrary the lawyers became involved in
an argument over a legal point and they
argued on the point until the time for
adjournment at o'clock
The most important feature of the
afternoon session was the dismissal of
Oue-half of the case. At $3.50 p. N. the
plaintiffs rested their case, and after
some consultation decided to dismiss that
part of the charge against the defend
ants in which malicious prosecution is
alleged This was one of the grounds
on which the members asked for dam
ages. The only ground which they have
left upon which to sue is that of false
arrest and Imprisonment
The next move was the dismissal of
the case. SO far as it pertained to the old
police board-Messrs Whiting, Yount
and Krauss
The commissioners had been made par
ties to the suit on the suppositjon that
the police officers in rAiding the Topeka
club had acted under the orders of the
old police board. The plaintiffs. how
ever, failed to prove this, and there was
n0 anainat fbo nnlina miaaIOn-
ers.
The attorneys for the Topeka club dis
liked to dismiss the cases against the po-
lice board, and Mr.. Sterry attempted to
show that the evidence would warrant
the holding of the commissioners as par
ties to the case, except possibly in the
case of Commissioner Oscar Krauss
Judge Hazen, however, refused to see
the matter in this light, and in deciding
the case he said: "Ihere is no evidence
whatever againt Mr. Krauss, SO the case
against him will be dismissed
There is not much evidence against
Mr.. Whiting not enough to
warrant his being made a party to this
suit The same is true of Mr.. Yount.
1t has not been proven that the board
took any official action towards ordering
this raid. The case SO far as it applies
to the police board is dismissed.
nls ruling WAS udQ6 luu6QIdL6IY
after the plaintiffs had Crested" their
case at $3.50 p. N. There was considera-
bic evidence on their behalf before the
plaintiffs rested. The evidence of
Steward Dick Hodgins was related in
yesterdays JOURNAL He was on the
stand however some time after the
JOURNAL went to press
did you ever order any liquors for
any members of the club?'' he was
asked.
A-No sir
Odd you ever order any by tele-
phone from Kansas City to accommodate
the members of the club?
A-No sir.
Odd you ever order any for your
self?
A-No sir. Hold on did order some
for myself, but it didn't come to the club
l had it sent to my home.
Mr Hodgins stated that the rules Of
the club prohibited the use of liquor in
most of the rooms of the club. He said
there were only five rooms in which the
members could drink. They were the
billiard room, the dining room and the
three ''sitting rooms"
"Do you remember the occasion of the
banquet of the Democratic editors at the
Throop hotel several years ago?" was a
question put to Hodgins by the defense.
A-46 6ss SIT.
.Q-State whether or not you were pres
ent?
Al was.
quet?
A-Yes, sir.
Q-Where did it come from?
Al don't know. It was at the hotel
when 1 got there.
Q-Did it come from the Topeka club?
Al don't think that it did
Q-Atter the banquet, was any of the
champagne returned to the club?
A-None that know Of
III know where that champagne came
from" said Charles K. Holiday who sat
next to JOURNAL reporter during the
trial "lt cost the managers of the ban.
quet $500 to settle the bill.")
Mr. Hodgins swore in conclusion that
the Topeka club had so or so non-resi-
dent members.
A B. Whiting. who was the chairman
OF the PoPulisr police board, was next
called on behalf of the plaintiffs His
answers were made in a cautious man
ner.
Q-Did you or the other members oi
she police board instruct the officers to
Esid the Topeka club?