The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-17
FALL HARMLESS
The Shafts Aimed at DR..
Embree Appear
To Be Futile, According to the
Evidence Which
is ALL DISCREDITED
BY Many Reliable Witnesses
No One Discovered
Who Ever Saw DR.. Embree
Drink Whisky.
MRS. BROOKS STORY
Regarded as Unworthy of Be-
lief by Committee.
DIR. Warner Says She Is the
Victim of Mania.
DIR. Warner Says She Is the
Victim of Mania.

Hiawatha, Kan, March 17.-Al1 of the
original charges and testimony to prove
them in the Embree trial will not be
brought before the select committee
trying the case.
Neither the charges of fa1sehood nor
gambling will probably be brought and
the supposition is that they could not
be sustained. Much of the testimony
that was to be given to prove the
charges of immoral conduct and drink
ing will not be given as several who
We're looked upon by the prosecution as
witnesses who would be able to prove
these charges will not appear and even
refuse to be connected with the case by
giving dispositions. 1t was supposed
that Mrs. Stella Brooks would be the
only witness to prove the charge of i'm
moral conduct but another Witness Dr.
L. M Powell, gave testimony before the
committee 1t is understood that DR..
Powell was an unwilling witness and
that as much of his testimony was OBJ
jected to and not allowed that it
does not materially strengthen the case
for the prosecution DR.. Powell's testi-
mony in connection with the charge of
immoral conduct is all hearsay evil
dence, stories told him by Mrs. Brooks
and others.
When DR.. Powell was called consid-
cradle argument was made against his
testimony and quite a controversy arose
which practically reduced his testimo-
ny Until MS evidence was lar what
it was expected that he would give.
DR.. Powell's evidence was to prove
that DR.. Embree was addicted to the
drink habit and he testified that he be-
lieved that was the case. On cross-ex-
animation the counsel for the defense
asked if he had not been DR.. Embree's
family physician for four years.
Il have" was the answer.
For six months during the illness of
DR.. Embree's wife, you called at the
house twice and three times day?"
Il did"
During that time DR. Embree was
under a great physical strain caring for
his wife and being up nights?"
Yes, SIR
Did you at any time during that six
months know Of DE-. Embree having
taken Intoxicating liquors or see him
under the influence of drink"
mo"
Among other incidents referred to is
that on different occasions the odor of
liquor had been detected upon DR.. En-
bree'S breath. He does not deny this
and says that he has suffered since his
service in the war with stomach trouble
and that his remedy has been whisky
and capsicum, used solely as medi-
cine.
One of the points that the defense ex-
pected to make was that the woman
bringing the charge of immoral conduct
was a person of bad character, but as
she is a member in good standing in
the First church the committee decided
toned. While the character of the wit
ness can not be assailed, several letters
written by her and damaging to her
testimony will be presented in evidence
and the counsel for DR.. Embree will de-
mand that they be considered as evil
dence.
One of the rules adopted by the com
mittee is that neither the contents OF
dispositions nor the testimony of wit
nesses nor the points to be made by
the prosecution can be made public to
the defense, and Dr. Embree and his
counsel, DR.. Miller, are in the dark as
far as knowing what evidence they Will
have to rebut until it is given.
Tt is claimed that Mrs. Brooks weak
ened her own testimony by changing
her story and saying that instead of DR..
Embree reaching over the chancel rail
at the close of communion service and
requesting her to meet him the Tues
day following, that he spoke to her after
the service was over and while the con-
gregatiOn was leaving. This story was
met by the defense, who called for Elder
]. r. Madison to take the stand. He
testified that he conducted the services
and that during the ceremony and at
the close he saw Dr. Embree standing
at one end of the rail and Mrs. Brooks
at the other. and that he, Madison,
went over to where Embree was and
that they left the church together, and
that at no time did he see Dr. Embree
speak to Mrs. Brooks. As Elder Madi-
son was one who brought the charges
favor, his testimony is expected to have
considerable weight; but those opposed
to DR.. Embree claim that Elder Madi-
son is a personal friend of the defend
ant and is doing all he can to have him
''whitewashed' and that he was instru-
mental in doing this on the former oc-
casion-the Crith trial and the investi-
cation before the committee of the
North Topeka church.
Following this the charge OF drinking
was taken up, but evidence and deposit
lions on both charges are being brought
before the committee at the same time
and all charges will probably be heard
and disposed of collectively, except that
in case of the likelihood of one charge
being sustained and the other not, more
evidence may be heard on the charge
that the prosecution expects to sus-
tain.
The original charge of drinking was
that DR. Embree was to ofHciate at
wedding in Auburndale and that he
was an hour late in appearing and that
when he arrived at the house he was
covered with mud and in an intoxicated
condition. The groom refused to be
sent for DR.. Thorpe to have him per-
form the ceremony. Dr. Thorpe per-
formed the ceremony and DR.. Embree
was taken home in a hack and had to
be assisted into the house
This was soon after the Crith trouble
and DR.. Embree's attorney claims that
he had been suffering from the excite
ment and worry attending the trouble
he had gone through and had been TAX
Ing bromidia to quiet his nerves and
that on that occasion he had taken an