The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-13
Judge Hazen at Once OverruIes
the Motion.
HE CAN NOT sHIRK.
Is Satisfied That It is His Duty
to Try the Case.
Other Joint Smashers Enter
Pleas of Guilty.

0eAeHueIS pl6AQeQ SulALy IN the UlSALAcL
court this morning to smashing Frank
Murphy's joint on East Sixth avenue
Mrs. Nation came to Topeka today for
her trial, accompanied by her brother.
J. V. Moore, but was not in court
Those who pleaded guilty were Mrs.
Rose Crist, Miss Madaline Southard,
Mrs c. Chadwick and c. r. MacDowen
The case against Rev. F. w. Emerson,
charging the same offense. was dis
missed. Mrs. Nation is on trial on the
same charge this afternoon in the dis
trict court.
Mrs. Nation and c. r. MacDoweu
were arrested Tor defacing property by
smashing some bars stored in the old
omnibus barn on East Sixth street.
The case against MacDowell was dis
missed.
Mrs. Nation. MacDowell. Mrs. Crist
and Miss Southard were charged with
malicious trespass upon the property of
Moeser Bros, when the cold storage
house was broken into. The cases
against all but Mrs. Nation were dis
missed.
Mrs. Nation, Mrs. Crist. Mrs. Chad
WICK, Miss Southard, Balf Stark. DR.
Eva Harding. c. r. MacDowen and
Rev Mr.. Emerson were all charged
with malicious trespass upon the place
kept by Frank Murphy. on East Sixth
street. Stark was tried and convicted
before jury, and appealed the case.
Dr. Harding pleaded guilty and was
fined $40 The case was dismissed
against REV. MI EMERSON ana so the
remaining four pleaded guilty to that
charge this morning. Mrs. Nation so
far is determined to be tried.
There was little of the braggadocio in
the appearance of the defendants They
sat among the spectators in the court
room until their cases were called.
Then they moved closer to the rail. but
had nothing to say. Their attorneys
PENDANTS would plead guilty. The de-
PENDANTS claim that they pleaded guilty
to r"trespass upon the place of Frank
Murphy The defendants wished it
understood that they did not consider
Murphy's place property and that
their actions We're not malicious
County Attorney Nichols dismissed the
other cases.
Attorney ]. NJ. Dumenil made mo-
tion for a change of venue for Mrs. Ma
ton, and read an affidavit In her all
davit for change of venue Mrs. Ma
ton made the following statements:
This defendant can not have fair and
impartial trial in the above cause be-
fore the Hon. T. T. Hazen, judge of the
Third judicial district of Kansas, on
account of the bias and prejudice of the
said Judge against this defendant as to
the matters at issue herein"
1t was at first maintained by the at
torneys for the Home Defenders that
in rebuking Madaline Southard for
laughing while the court was delivering
an opinion Judge Hazen said: You will
find young woman that this is no jOk-
ing matter. If you and those whom you
have aided and abetted are found guilty
of the charges made against you the
very lightest sentence you may hope
to receive is a year in the county Jail
1t is possible that this is not your last
appearance in this court and I suggest
to you that respectful demeanor toward
it would not be unwise." The affidavit
was changed to read. You may receive
a sentence Of one year in the county
Jail"
At the close of the afidavit is the fol-
lowing
she is the editor Of The Smashers' Mail
and published therein since the filing
of the information certain statements
against said judge and which he claimed
were HbelOus and threatened to bring
an action against said paper and against
her and Nick Chiles, her manager at the
time of said publication" Mrs. Nation
did not swear to the affidavit but af-
frmed
Judge Hazen interrupted the attorney
during the reading and said it was
hardly worth while to read the entire
affidavit. Il wish you would kindly at
tach copy of the letter I wrote to Mrs
Nation said Judge Hazen. Il refer to
the letter which you designate as
threat. I meant what I said. If you
have not copy Of that letter I can
furnish you with one I wrote the letter
to Mr.. Chiles and told him he must stop
publishing libelous articles against me
Il don't know think this affidavit
shows sufficient grounds to justify a
change Of venue. a judge must handle
is embarrassing If the defendant has
that feeling yet at the same time the
supreme court has laid down the rules
and the court has no right to shirk-
The rules must be followed Tt is the
duty of the court to overrule the ap-
plicatiOn as it must be granted only
when it proves that the judge IS preju-
diced There are no facts recited that
show any bias or prejudice Of the
Judge When the peace cases We're
closed 7 simply told the defendants the
law as I saw it. / expressed myself in
a firm and determined manner.
lin relation to the Smasher's Mail I
saw one issue and was satisfied that
me and that could have had the pub
fishers prosecuted il / had any feeling.
I wrote Chiles a letter calling his at
tention and that he should not continue
such publications. I see no facts that
prove the judge of this court is biased.
I think I can try this case as see the
law I may be mistaken in the law.
am not infallible. I have my mind
made up regarding the law and II VIII
take authorities to change my notions
The application for change Of venue
viii be denied.
Mrs. Rose Crist. in speaking Of the
action of the Home Defenders in plead
ing guilty. said: IT want il known that
we are not charged with malice. 1t was
agreed that all other cases against us
would be dismissed if we pleaded guilty
in this case We have malice toward
none and love for all. even the judge.
We don't call Murphy's stuff property
but a place We are Of the same cpln-
ions as when we started our work and
rx.I 5f4xfh