Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1896-02-05
POLICE COURT.

and Don Carmichael were arraigned
before Police Judge Brady for disturb
ing the peace and quiet of DIR. Kociell
on Monday night. Mr.. kathrens ably
represented himself and was discharg-
ed, but Don was held. Before the trial
had closed it was learned that George
Woodward was also q private IN the
infantry that made the sweet potato
charge on Fort Kociell and the court
martial was extended to him. City
Attorney Martin presented the charge
and before the boys knew where they
we're at" the Judge pronounced their
fate thusly, Two dollars and COSTS"
which made total of $40. r. E.Kath-
rens proved a friend 10 need and cough
ed up'' which relieved Don and George
from the custody of the Chief of Po-
lice.
! On Friday morning DR.. S. Kociell
was surprised by a warrant which
Marshal Stockstill served on him on
the charge of violating the prohibitory
city ordinance. It seems that the
| Doctor has been in the habit of pre-
scribing medicine for the past number
of years for William Mccoy who is
said to be afflicted with a chronic dis
ease of the respiratory organs, which
contained more or less alcohol, and
because of the Doctors complaint at
police headquarters on Wednesday, a
conspiracy" chats w. H. McCague's
version) was formed to get him in the
strong clutches of the law. at least
this is the way in which the origin of
the action was explained by Dr. Kociell
on Friday and subsequently.
| The case was called at O'Clock p.
m. on Friday and the accused entered
a plea of mot guilty" G.. Nj. Martin
represented the city and w. Ii. Nc
Cague was retained 10y the defense.
The principal witnesses on behalf of
the city were VIM. Mccoy and City
Marshal Stockstill.
Mccoy testified that he bought bot
tie of medicine of DIR. Kociell on
Thursday and paid 81 for it. that the
Doctor cautioned him that two spoon
fulls constituted dose and that no
one save he MCCOY was entitled to
partake of the medicine. Now Mr..
Nc was in sad predicament; he had
mary a spoon" and perhaps took an
overdose; he tailed to heed the Doctors
caution and happened to drift into
Jack Gllworth's livery stable where
several sick persons were afflicted with
different diseases who thought Macs
medicine would bring about soothing
and healing results. Bye the-bye, City
Marshal Stockstlll came in the game
and took the medicine, bottle and all,
which was only about one fourth full
at this stage of the game, and kept it
in his possession. 1t is in evidence
that the marshal kept the
medicine" on his person fully "a hours
and treated only once, which of itself
shows that he does not expect to hold
Office by virtue of a direct vote from
the dear people,"
Coming back to the subject matter,
we will briefly review the defendants
evidence: The Doctors testimony
developed the fact that Mr.. Mccoy is
sufferer of la grippe and a compli-
Gated disease of the respiratory organs,
that he has been in the habit of pre-
scribing this particular medicine
for this particular patient for
some three or four years, that it was a
rare medicine and that it was the on
ly thing that would afford the patient
substantial relief at the same time re-
suit beneficially, that the medicine is
composed of catarrh root, glycerine,
sugar, water and alcohol, that it was
sold by him as practicing physician
as medicine and that it Is not 1utoxi-
eating.
Leonard Colyin was subpoenaed to
testify as chemist but was utilized as
a legal advisor and law interpreter by
the court.
This closed the evidence and the at
torneys-McCague and Martin-aired
their Oratorical powers: but
Macs eloquence failed to hypnotlze
the Judge, and Immediately after the
barristers had concluded, the court
found the defendant guilty and asses
sed the fine at $25 together with the
costs of the action. The decision is
based on the fact that the fluid given
Mccoy by DR.. Kociell contained alco-
hol. The court held that even though
it contained one per cent alcohol, the
sale is as fragrant violation of the
law as though it were pure whiskey.
The Doctor vouched for his appear
ance in court the following morning by
, executing note of 500. This was
, done for the purpose of giving him
time to consult with his attorney as to
whether it would be advisable to settle
the matter or appeal to the district
court.
| Saturday morning came and with II
the conclusion of the Doctor to appeal
to the district court. He insists that
he has done nothing in violation of the
prohibitory law aud promises to dem,
; Onstrate that fact by jury trial.
Rev. Engle, a Christian evangelist
arrived last Wednesday and opened
revival meetings at the Christian Chap
! ell on the following evening. The meet
: lngs will continue during this week