The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-18

Deputy County Attorney Jamison
Maintains It Isn't.

When the arguments IN Mrs. Nation
trial in the city court were commenced
this morning the court room was
crowded.
W. I. Jamison appeared for the state
to prosecute the case and J. NJ. Dumenil
Tor Mrs. Nation. The table between the
two attorneys was piled high with law
books and Mrs. Nations attorney had
besides legal books many quotations
from the Bible. Mrs. Nation sat behind
her attorney and spent most of her time
writing upon a small tablet The argu-
ment was commenced for the defense
BY Attorney Dumenil and he cited many
case as parallel to Mrs. Nations
smashing he said 1T is found in the
Bible in the temple. We find by Mat
thew that Christ entered the temple and
abolished that nuisance In John we
find that Christ drove the money
changers from the temple"
He referred to many cases Of mill
dams. He cited one as follows. In
Iowa one man had a mill dam and the
legislature authorized another man to
build a dam and his mill dam backed
the water up against the other dam. He
built his dam. The statute giving him
the right TO build a mill dam did not
abate the common law nuisance. All
the property used by the second mill
dam owner was done contrary to law.
The case was carried to the supreme
court twice. The New Hampshire law
says that the private party abating a
nuisance does not have to do it in a man
ner best suited to the other party That
means that the liquor does not have to
be carefully poured out. The New Hamp-
shire statute says that public nuisances
may be abated by the acts of individ-
uals"
Mrs Nation left her seat and opened
a window The cold air swept in and
blew the papers about the court room.
CLOSE that window and open it from
the top said Judge McCabe to Marshal
Ross.
Mrs. Nation took he seat and Ross
ole ed 2 1,r
top sash. Mrs. Nation rushed back and
threw up the lower sash.
Take your seat commanded the
Judge The marshal win take care of
he didn't do it," snapped Mrs. Ma
ton.
You sit down and tend to your bust
ness and I'll tend to mine," said Ross,
as he closed the window.
Mrs Nation was surprised. She is in
the habit Of having her own way and
not manage the entire court was rather
a shock She looked at Ross too sur
prised to say a word.
Lawyer DumeniI cited the court rec
ords of England where Joseph Hall,
rope dancer, had erected a platform at
Charing Cross" The case was taken to
the courts and the court ordered the
platform abolished as it drew so many
rogues that the stores and shops in the
neighborhoOd were robbed A saloon"
said the lawyer, lis a place where men
gather and congregate to drink intoxi-
eating liquors contrary to law
Mrs Nation became restless. She paid
little attention to the lawyer but walked
about the court room, whispering with
the spectators and the members Of the
Home Defenders
Lawyer Dumenil referred to the New
Jersey equity report, which stated that
a man had the right to abate a common
nuisance without proceeding through the
courts, but after il the court found that
"A "a h1 ha
place was not a common nuisance that
he could be recovered against.
The court took a recess Of ten minutes
and when the arguments were resumed
Mrs. Nation, with her nostrils dilated,
walked about the court room smiling.
Some one smoking here she said.
Better stop it, for it smells bad
Lawyer Dumenil went back from the
temple and the rope dancer proposition
to q. mill dam. He said: Here is a
case where the legislature gave a man
the right to build mill dam at a GER
tain point. The case in treSpass for de-
strOying the mill dam went to the courts
1t was decided that it was a public
nuisance and was allowable to be abat-
ed by individuals.
Another point is Was the STUFF de-
Stroyed property? If it is not the de-
PENDANT must go hence. Our law has
placed the seal Of condemnation on this
stuff. They are property under circum-
stances and they are when they are kept
under the law for medical. scientific or
mechanical purposes The supreme
court has held that when LIQUORS are sold
Illegally that persons selling can not re-
cover on a note. III not argue this cues
ton at any length In this case the
stipulation is that this defendant holds
no malice against the plaintiffs in this
case. According to Blackstone the in
jury must be done with malice. The law
in England commonly known as the
black act regarding the killing of cat
tie. held that if mans cattle were
killed without direct injury to the man
that it was not malicious The Ques-
ton of a man who killed a mule was
whether it was malicious. The man
said he killed the mile because the mule
got in his corrheld. 1T was found not
TO be malicious. We say that under the
law the defendant had a right to abate
a public nuisance, and she had no mall
ice against Lyle and Kelly ana she can
not be found guilty unless she bore NAL