The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-03-22
BEFORE The BAR.
Investigation Of ChargesAgainst
Judge Magaw Commenced.
Only One Count Is Heard by
the Council.
THIS WILL END TT.
Grand Stand Play Has Probably
Run Its Course.
Can Not Be Completed Before
the Election.
City Council Adopts the Water
works Resolution.

1neHceQ ldSr u12HC DeIOre the city COUNCIL
sitting as a court, and after an hours
work on the part of the attorneys with
out making any visible advancement the
council adjourned until the first Mon
day in April. At that time Judge Ma
gaw will have but a week longer to
serve as police judge, and the grand
stand farce viii probably be dropped
There are thirteen counts in the
charges by Chief StahI, and it would
require at least thirteen meetings of the
council to hear all of them. Tie charges
are to the effect that Judge Magaw al
ways gives jointistS the minimum fine
while he increases the fines of other
offenders for succeeding offenses. To
prove this Chief Stahl cites thirteen
cases of well known jointists and shows
that they were never fined more than
800. the minimum fine, for each offense.
He holds that for each succeeding
offense the fine should be increased.
When the case was called last night
City Attorney Bird, Assistant City At
torney Gregg and A. H. Vance appeared
for Chief -Stahl, while J. c. Waters, T.
F. Doran and J. Z. SWitzer appeared
for Judge Magaw. After the reading
of the charges the attorneys for AIagaW
the Jointists IN all the cases mentioned
$1O0 each.
Chief Stahl was called to the stand,
and Mr. Bird attempted to show that
in the Frank Raynor case sales of liquor
had been proved but that Judge AIagaw
had dismissed him of the charges of
selling, and had convicted him only on
the charge of maintaining a nuisance.
Chief Stahl said that Special officers
Bernard. Luster and LeYnley had bought
liquor of Raynor, but on ss-examina
tion he said they were not paid by the
CITY He would not say, because he
could not remember, that all of these
men had testified in the case that they
were drawing $50 a month from the city
He said he had paid Luster and Ber-
nard himself, and that the money did
not come from the city but from the
State Temperance union. Judge MagaW
had dismissed the case on the grounds
that an officer of the city could not as
sist a. person to commit crime and then
crime.
Chief stahI admitted that the men had
bought and drank whisky in Raynorss
place for the purpose of prosecuting him
on that evidence. He failed to remeTn-
ber a good many things that happened
in the trial, but was really fair in what
he said except when he cited cases in
which Judge MagaW had increased the
fine for other offenses- In one case he
cited John Dahlgreen and showed where
about five months go he had been fined
SO for getting drunk and then month
later $40 for the same offense- He left
the impression that the fines were on
the increase, when as a matter of fact
Dahlgreen was fined but $40 for the same
Offense last Tuesday. He did not men
ton this.
The lawyers for Judge Nagaw were
anxious to rush the trial, but Mr.. Bird,
who is Mr.. Stahl's attorney, insisted on
bringing out all evidence of any kind
whether mentioned in the charges or
not. Mayor Drew sustained Mr.. Bird,
and said he would allow anything to
come before the council that would have
any bearing on the case, and he would
allow witnesses to tell their story in
their own way without regard to techni-
calities.
When Mr.. Stahl had been pumped dry
on the Paynor case, the lawyers were
ready to start in on the next count. when
Mr.. Warner got the floor and moved to
adjourn. TT is 10 o'clock now he said,
ssand it will be impossible to complete
had better go home" The motion car
ried and the case will be continued at
the next meeting night, which will be
April l.
WATERWORKS RESOLUTION.
The waterworks committee has final
~ awakened and last night they intro
duced the following resolution which
was adopted by a. unanimous vote:
Whereas, An earnest attempt has
been made by the city of Topeka to ac-
uuire from the Topeka Waterworks com
pany the waterworl1s property owned by
said company at the city of Topeka, and
Whereas, The Topeka Water COM
panv and the city of Topeka can not
agree upon the value thereof, and it is
apparent to the mayor and council of
the city of Topeka. that Said property
can not be acquired by actual negotia-
tions, and
'fWhereas, It is the earnest desire of
the inhabitants Of the city of Topeka
that said city should acquire and own
it's own waterworlxs at the earliest possi-
bic date, therefore be it
Resolved, by the mayor and council
of the city of Topeka, That the city at
torney is hereby instructed and directed
to take such steps and commence such
proceedings in the district court of Shaw
nee county, Kansas, as may be neces-
sary on the part of the city of Topeka
to acquire the waterwor1zs property To-
Gated at said city
This is the resolution adopted by the
waterWorks committee at the meeting
last night.
Thos. R. Hyatt sent a protest to the
council against the order for the side
walks on Ndunson avenue between Wood
ward and Washburn avenues He says
that he owns property on this street and
that the petition was circulated and pre-
sented to the council while he was sick
The matter was referred to the streets
and walks committee
NEW SIDEWALKS ORDERED.
The streets and walks committee rec
commended the building of sidewalks on
the east side of Spruce street from Es1ev-
enth street to Munson avenue; on west
side of Harrison street between St. John
and Garfield streets; east and west sides
of Elm street between Seward avenue
and State street; on south side of Elev-
enth street from Woodward avenue TO
Brooks avenue, and on Euclid avenue