The Topeka state journal., 1901-02-27
STARK CONVICTED
First of Saloon Smashers Trial
Ends.
Young Man Found Guilty of
Malicious Trespass.
WAS A SUNDAY RAIDER
Helped Mrs. Nation DemOlish
Murphy's Place.
The Jury Was Out an Hour and
a Half.
DIR. Mcfarland Tells How
Smashers Organized.

Alter DelnS out one nOur ana a AalI LH6
jury in the BALI Stark case returned a
verdict finding him guilty Of malicious
trespass upon the property of Frank H.
Murphy at Ill East Sixth avenue.
The testimony in the case closed yes
terday afternoon about 4:30 and the
arguments commenced. Each side had
an hour and Is minutes for argument.
Court adjourned at six o'clock and at
O'Clock the arguments were resumed:
The case went to the jury at $3.50 and
at 10 o'clock the verdict vas returned
The misdemeanor committed by Stark is
punishable by a fine not to exceed $500.
not to exceed one year in the county jail
or both The same charge for trespas5
upon the same place is against Mrs. Ma
tiOn, Mrs. Rose Crist, Miss Madaline
Southard, DR.. Eva Harding, Mrs M. Z.
Goodwin, Rev F w Emerson and c.
R. Mcdowell, and they are out on bond
awaiting trial.
Judge Hazen's rulings were in favor of
the prosecution. The charge to the jury
contained the following:
If you believe from the evidence in
this case beyond reasonable doubt that
defendant, in company with a number
of other persons, went to :he building
described in the information, and the
doors and windows of said building were
then and there broken and injured as
charged in the Information and the de-
fendant was present at the said breaking
advising, cOunSeling, or encouraging the
breaking of said doors and windows,
then he would be guilty charged, al
though he may not in person have in
jured said doors and windows. Where
an offense has been committed all per-
sons who are present aiding, abetting,
assisting, advising or encouraging the
commission of such offense are equally
guilty
And the fact. if YOU find it to be a
fact, that the building described in the
information was a place where intoxi-
eating liquors were sold in violation of
the law, would not authorize the defend
ant to break or inJure the doors or win
dOWS OF said building" "
Yesterday afternoon Stark took the
stand in his own behalf He denied
having broken the window or the door
Of Murphy's S place but admitted having
an axe and breaking the slot machine.
Stark is out on bond. He and his at
torneys have decided TO appeal the case.
The critical points in the legal ques-
tions regarding the right Of citizens III
smash joints, werer aised by the attor-
neys for the defense of Stark and Judge
Hazen stated his idea of the law.
W. c. Parish was called to the stand
to testify for the defense. He stated that
he met the raiders at the state housa.
On cross examination County Attorney
Nichols asked about the organization
II know this organization exists and
I am member but know of no defin-
ite action" said Parish.
rs it not fact that your organiza-
ton means to destroy, what you please
to call certain Illegal places?"
Mr.. Troutman for the defense object
ed. STARK is on trial. said Troutman,
s'and the court can not throw out a
drag net to find out about secret socie-
ties''
This witness has testified that he was
out that morning, the objection is over
ruled" said Judge Hazen-
What does your company intend to
do?'' asked Nichols.
That's just what he has no right to |
find out" said Mr.. Troutman with some
warmth.
Mr.. Troutman, that is for the court |
to say" said Judge Hazen
In fe ,r-,s--
OILS. N'-
L T. Yount." replied Parish.
Who is the first lieutenant?''
Frank Cope"
You are second lieutenant ?''
Yes"
rs Balf Stark member Of your COM
pany2"
What is the name of your company ~
Company E."
rs this a company that reports to a I
higher officer?''
Yes
who is that officer?"
DIR. J. 7. Mcfarland"
rs he the coIonel?''
We call him commander
Chief Of Police Stahl was called and
had with him his police records to show +
Murphy's standing in police circles.
Are you acquainted with Murphy-s /
placer" was asked by Attorney Trout j
man.
object" said County Attorney Mich
oSl-
Sustained said Judge Hazen.
I'VE wish to show that Murphy con
ducts and keeps place commonly
known as a joint said Mr.. Troutman
We wish to show that he has operated
that joint from October to February u /
and that during that time his bar
tender. o. kempor, has been arrested six
or eight times Some cases have been
tried and the defendant convicted
The court has ruled, +" said Judge Ha-
zen, that makes no difference. No one
but an officer has a right to DESTROY ~
liquor IS Illegally sold contrary to law /
that does not justify any person
going there to destroy it
James Men1nger was called and asked
if he had not bought liquor at Murphy-s
place.
object said County Attorney. Mich
OILS TO the question
Sustained" said Judge Hazen IF the
court is wrong you have your remedy
wv ewish to show that this witness
visited Murphy's place and bought in
t0xicating liquors., said Mr. Troutrnan
The court has held before that such
objections should be sustained . said |
Judge Hazen. II Will further say that lf
liquor is sold there illegally there is a
course Of law for its abatement. No Cit
izen and no party OF citizens has a right
to destroy it"
DR. M'FARLAND TESTIFIES.
DR. j. T. MacFarland pastor of the
First Methodist church. was called By
the defense.
Let me ask you whether YOU as an
)ff1cer in that organization or the or
sanitation knew anything about or had