The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-01-26
POINTS no ACOUITTAL.
Walt Richards Case Will Probably
End in the Usual Way.

The Walt Richards trial for selling
liquor was resumed in the district court
today. J R. Burton, the Kansas City
detective, testified to having purchased
a bottle of beer of Walt Richards on the
evening of September z. 1897. He said
he and Q. H. Peacock, Kansas City
detective, bought a bottle of beer and
drank it. Burton said he paid % cents
for it.
Dan Leahey, a plumber, said he had
drank hop tea in Richards place.
Dave NaylOr who is well known in
the city, testified that he had drank hop
tea at Richards place.
With this County Attorney Jetmore
rested the states case.
H. G. Stafford said to the court: 1--WE
will make the customary motion for the
state to specify the sales on which the
state relies for a conviction"
County Attorney JetmOre: All right,
I can do it,"
Before doing this Mr.. Stafford asked
that County Treasurer Frank Stah1,
who is a prominent member of the
Committee of Seventeen, be called. Mr..
Stahl appeared in the court room in
stand and raised his right hand. Attor-
ney H. c. Stafford examined him.
EN- ask you if you are the prose-
cutting witness in this case?
Ayes sir, am.
Q.-Tell what particular sales you
had knowledge of when you swOre out
this complaint.
, A-They were reported to me by two
detectives from Kansas City.
Odd you have any knowledge Of
these sales when you filed this COM
A-Yes, but I can't remember them
now.
County Attorney Jetmore: I see the
name of Robert McMaSters endorsed
here. Did you put that there?
Al think Matt Campbell put it
there see my signature is here.
Q.-At the time you filed this infor-
nation did you know of a particular
sale made to Mr.. McMasters?
A.-No sir, 1 did not
Q.-YOu knew at that time, Mr.. Stahl
that you had to have knowledge of the
sales in order to swear to this com
plant.
Al understood that I could do it if
felt justified that liquor had been
sold.
Attorney Stafford CaIoud): This is
getting interesting.
s seqeoo6. I That's all Mr. MIS- stahI;
knowledge of this?
A.-The report made to me made me
feel sure that liquor had been sold
there.
On ask you if the information
was prepared and handed to you, and
that then you swore to it?
A.-Yes, the legal committee of the
Committee of Seventeen furnished me
the information with the names of the
witnesses endorsed on the back. I
swOre to it.
Saford: That's all.
County Attorney Jetmore then stated
to the jury the information on which
the state relied for a conviction. He
said:
THE state relies for a conviction. on
the first count, the sale of three
glasses of whisky, made by Smith to c. H.
Peacock and drank by Peacock. Dave
Naylor and Dan Leahey, as testified to
by Peacock.
ION the second count the state relies
for conviction on the sale of a glass
of whisky to Peacock, made by Smith
and paid for by Peacock.
For the third count, the state relies
for conviction on the sale of a bottle
of beer made by Wait Richards, Sep
TENDER Z, 1897, to J.R Burton and drank
by Peacock and Burton.
For the fourth count, the state re-
lies for a conviction on the sale of a
glass of beer made by Smith, to R B.
McMasters, as testified to by Mr.. Nc
Masters.
For the fifth count the state relies
on a conviction on all the evidence men
toned in the preceding counts
Judge Hazen read lengthy instruc-
lions to the jury. He stated that IN
less the prosecuting witness had posi-
tive knowledge of the sales charged
against the defendant, they should clear
him.
Half an hour for each side was agreed
upon. County Attorney Jetmore open
ed for the state.