The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-03
A NEW WOMAN.
Who Has as Much Right to Run
a Saloon
As a Man Has, and as Much
Right to Arrest.
HEARING OF THE CASE
Against Mrs. Emma Kelly. Who
is Charged
With Selling Intoxicating Bev-
erages-Many Witnesses Called

Twenty-Five witnesses have been sub
poenaed in connection with the case OF
the state against Mrs. Emma Kelly.
which opened in Justice Guys court
this morning. in which Mrs Kelly is
charged with maintaining a nuisance at
1908 Kansas avenue, a place where in
toxicating liquors are sold and drank.
The following is the list of witnesses
subpoenaed,a "a numebr of whoim are we'll
known:
d. Carruthers, John Brown, William
Egleston, John Reisner, Henry Reisner,
KEY M HerrIngtOn, James Ross, a.
A Rodgers, George Burghart, Andy
Long, H. d. Howe, HOd NeWcOnb b, ChaS-
Patrick, David NaylOr, James Naylor,
Nels Mcconnell, H H Parker, Z. H
ZickafOose, D A. Mulvane, Il Mooney,
Mark Howetll May Nelson. John p.
Ross, A. M Fuller, S. B. Isenhart
The complaint against Mrs. Kelly was
brought by D. Carruthers, who lives
in the adjoining house to Mrs. Kelly 5
residence on Kansas avenue. 5 s. Ur-
my is conducting the case on the part
of the state and Joseph Ensminger on
the part of the defense.
The testimony of May Nelson. a girl
Is years of age, who lived with Mrs.
Kelly during the month of October, was
introduced by the state this morning.
After taking the stand, the witness test
flied that she was Is years of age, that
her home was in COncOrdia and that
lys house on October 1 and remained
there four weeks. On crOss-examina-
ton by Lawyer Ensminger, the follow
ing testimony was given.
Q-Can you remember any of the
parties who you state bought and drank
liquor at Mrs Kelly's house?
Al remember of three fellows from
Kansas City coming to the house on
the sunday evening before I left. They
gave me their names as Finnegan,
Scott and Conner.
n -Af hat al
Al think about five or six bottles of
beer and a half pint of whisky
Q.-What did they pay for their beer
and whisky2
A.-Fifty cents bottle for the beer
and so cents for the whisky
Witness named several persons who
had purchased liquor. Among them a
hackman and two other men came to
the house one night. They bought four
bottles.
Q.-Anyone else?
Al remember a fellow from Ross
vile coming to the house one nighs, and
also Mr.. Baker, from the country.
Lawyer Ensminger then attempted
to make the girl say that she gave evil
dence because Mrs. Kelly DISCHARGED
her and wanted to get even with
her.
The girl denied that Mrs. Kelly dis
charged her, but said that she left be
cause Mrs. Kelly didn't treat her right.
She also said that she was not very
much sore" towards Mrs. Kelly.
The testimony of D. A Mulvane sim
ply went to show that he rented the
house at 1908 Kansas avenue to Mrs.
Emma Kelly
The testimony of AL Mooney showed
that he was at the house of Mrs Kelly
in the capacity of plum Der, but did not
buy liquor Nels Mcconnell testified
that he was there only in an official
capacity as health officer. and knew
nothing about the sale of liquor
The testimony of Mark Howell was
q
thought he drove up to the house one
night in a hack. but would be unable
to swear to it. He said he didn't think
he went into the house or bought liquor
of any kind, but even as to that he
could not state positively. In fact,
every question that was asked him he
was unable to reply to positively, and
his answers left an impression of doubt
in the minds of those in the court room.
This night, Mr.. Howell stated, was in
July, 1895.