The Topeka state journal., 1897-10-26
A KEG IN COURT.
A ROtund Witness Against a
Joint Keeper.
The Beer Had SOured But 1t
Was Beer.
SPIGOT WAS DRIVEN IN
And the Amber Liquid Drawn
Out and Tasted.
One of the Joint Cases on Trial
Today.
SPIGOT WAS DRIVEN II

There was a keg of beer on tap in the
district court room this forenoon in the
presence of Judge Hazen and a jury. 1t
was filed with foaming liquid which
was supposed to be beer.
The beer came into court in the regu-
lar way. It was introduced in evidence
and those who thought it was there to
be used in the celebration of Bailif
COyne's birthday were mistaken
The case was that of the state against
L. H. HoItwick on the charge of liquor
selling. J. F. White who has been the
principal witness for the prosecution
in the liquor trials at this term of
court, bought the beer and stored it
in f. H. Fosters cellar.
He came into court today with the
heavy keg on his shoulder. 1t was still
sealed.
After White had told his story and
the keg had been produced, he was
turned over to H. c. Stafford, attorney
for HOltwick, who put him through a
fire of questions which would have
withered most men, but White held his
own.
do you know what is in that keg?'
asked Mr.. Stafford.
I bought it for beer replied White.
do you know of your own knowledge
that the keg contains beer?"
Il do not"
How do you know that is the same
keg that was stored in Mr.. Fosters eel
I marked it with W on one of the
staves.''
do you see that mark now?"
mo, sir
Here the s-examination ended
and County Attorney JetmOre com
menced the redirect examination.
''Wi1 you examine the keg and see if
you can find the mark you put on 4t?"
said he.
White rolled the keg over and found
the mark
There is the mark" said he.
rs there beer in that keg?"
81 think there is
"Open the keg and show the jury
was the next command.
There is no faucet here said Attor-
ney Stafford.
Yes there is" replied White, and he
drew new cedar faucet from his coat
pocket.
White began to examine the keg, pre-
paratOry to opening it.
Don't open it here commanded
Judge Hazen.
White carried the keg out into the
corridor and got a hatchet in the dis
trict clerks office and with one blow of
the hammer drove the wooden faucet
into the keg forcing the cork stopper
in. The liquor spurted out and some of
it went on Whites clothes but he again
shOuIdered the keg and returned with
it to the court room where it was plac-
ed on a chair. He then drew a glass of
the contents and mounted the witness
stand.
'eWiIl you taste that and tell the jury
what it is2'' said Mr.. JetmOre.
White took a sip of the contents of
the glass, made a wry face and said:
1T is beer"
Some of the members of the jury look
ed longingly at the glass but none of
them asked for a sample.
After White had left the stand At
torney Stafford tasted the beer.
Il would hate to be compelled to
drink that" said he. 1T tastes more
like vinegar"
An attempt was made in this case to
confuse the prosecuting witness by
having HOltWick'S younger brother.
George in the court room. The broth
ers look very much alike and they filed
into the court room together and took
seats side by side.
(which is the defendant" asked
County Attorney Jetmore.
you tell" replied Mr.. Stafford.
Il demand that the attorney be re
quired to point out the defendant, said
County Attorney JetmOTe.
''That is the business of the prosecut-
ing witness" said Mr.. Stafford.
Let the matter rest for the present.
said Judge Hazen.
When White took the stand he at
once pointed out the right man. The
ruse had failed.
There was a change in the make up
One of the questions prOpOUnded by the
county attorney was: Have you ever
pa atrOnized a jOint?" This question dis
qualified several members of the jury.
Among the new men on the jury were
J. W. ThurStOn, cashier of the Bank of
Topeka, Councilman James Burgess, S
NJ. Wood and j. H BeVeIle. MeSSrS-
ThurstOn and Bevelle were challenged.
The case went to the jury at noon.