The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-15
SHE HAD D Be GOOD
MFRS. NATION WASN'T ALLOWED TO
DISTURB THE PEACE In
COURT
IS ON TRIAL IN TOPEKA, KAN.
LEGALITY OF JOINT SMASHING IS
TO BE JUDICIALLY DE-
TERMINED
rs ON TRIAL IN TOPEKA, KAN
PLEA MADE BY THE DEFENSE
Claim Is That Defendant Acted
Within Her Rights In Abattng
Nuisance After Authorities
Failed to Do So,


TOPEKA, Kan, Feb. 14-Mrs. Carrie
Nation was brought to trial in the CITY
court here this afternoon on a charge
OF destroying property. The complain
ant was W. F. Lytle, proprietor of the
senate saloon, which Mrs. Nation and
her crusaders wrecked last week. The
ROOM was crowded with visitors many
OF them sympathiZers with the crusa-
ders.
The case was finally postponed until
Monday next
When court opened, Mrs Nation was
not to be found. Her lawyer. J. M
Dumenil, was rather excited, but assured
the court that his client would be on
hand very soon. Judge McCabe said he
was ready to take up the case and that
1t must proceed. Rev. f. w. Emerson
volunteered the information that Mrs.
Nation had gone out to dinner, and
would be back soon. Assistant County
Attorney Jameson, who has charge Of
the prosecution, announced that he
would wait a few moments and in the
meantime would call his Witnesses Mike
Kelly, sheep" Lyle, Harry Jackson,
Ben Mullholland and George Stambaugh;
for the defense, Probate Judge Pagan,
Chief of Police Stahl Officer Carpenter.
ton and Miss Madeline Southland.
Mrs. Nations attorney entered a mo-
ton to quash.
AT 2:15 o'clock Mrs. Nation entered and
made her way through the crowd. The
crowd applauded, Mrs Nation smiled and
bowed, but said not word. The crowd
continued to applaud, and Judge McCabe
demanded order, and called upon the
marshal to preserve quiet Lawyer Du-
70 he
ground that the complaint was not prop
erly drawn. Mrs. Nation could keep
quiet no longer, and rose to her feet.
SHE HAD TO BE GOOD.
your HONOR commenced Mrs. Ma
ton.
Quiet" ordered Judge McCabe.
But that does not make any differ
ence," continued Mrs Nation.
You will have to keep STILL said the
court. This trial will be conducted like
any other case, and quiet must be
maintained. The marshal will keep Or
der 1 overrule the motion. Do you
plead guilty or not guilty?"
mot guilty." said Mrs. Nations at
torney.
w. I. Jameson, assistant county attor-
ney, a negro lawyer, prosecuted Mrs. Ma
ton.
Mike Kelly, one of the proprietors of
the Senate, was the first witness called.
What did you own of the property
which was broken?'' asked Jameson.
"a cash register valued at 500, and
glasses" was Kelly's answer.
do you know that the property was
broken on Feb. 5?''
Eyes. 1t was all broken up"
when did you see it?''
I'm the morning"
GLOW did you find it?'
At found it all broken and scattered
around the room when 1 came in"
who owned this property" asked
Mrs. Nations attorney.
Lyle and 1. did,
"Were you and Lyle in peaceable
possession of this prOperty?'
Yes, sir"
Mrs. Nation put her hands over her
mouth and tried to suppress laugh.
The humor of the situation took hold
of her. Kelly looked down at her with a
droll look that shook her serenity.
Just state what property you had at
4O6 Kansas avenue" said Mrs Nations
attorney.
Objection, but overruled.
al had some cigars, pool and billiard
tables and some other stuff" said Kelly.
Was there any other property there?'
"a bar, an ice chest and two slot ma
chimes"
WAS there any whiSky?"
81 don't know"
WAS there any there the day before?'
"I suppose there was.
Wasn't there some beer in your
charger
Not in my charge said Kelly.
well, who had charge Of it?''
IN MRS. NATIONS CHARGE.
81 guess Mrs Nation took charge Of
that"
Mrs Nation laughed again.
During the trial she leaned across the
table and talked to the negro attorney
who was prosecuting her. Kelly was
cross-examined to some extent by Mrs.
Nations attorney, but nothing new was
brought out.
Kelly was made to say that he had
been arrested several times on the charge
of selling liquor. He claimed that the
cash register smashed by Mrs. Nation
was kept to receive the receipts of the
pool room.
When Kellys testimony was completed
the lawyers agreed that it was useless to
introduce any more witnesses.
After a conference between the attor-
neys it was agreed that Kelly would ad-
nit that he was running a saloon, and
| that Mrs Nation should plead guilty to
smashing it. This was done, and now
the case will be argued squarely on its
merits, as to whether joint property is
| entitled to the protection of the law.
Next Monday afternoon was set aside
as the time for hearing arguments and
deciding the case The line of Mrs Ma
tons defense is that she, as a private
| citizen, had a right to abate a nuisance
! after the officers had failed to do So. Mrs
| Nation seemed utterly unconcerned
! throughout the trial. She appeared to be
| relieved when it was over and held ar
impromptu reception before departing.