The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-01-06
QUARANTINE IS GOOD
And Mrs. Nation Cannot be Produced
Judge Kinks Dec sion.

After listening to arguments that con-
sumed nearly five hours, Judge Kirk in
the city court yesterday refused to sus-
tain a motion Of Mrs. Nations attorneys
to have their client produced in court.
The motion was over-ruled upon the
ground that the Jail, in which she is con-
fined is under quarantine and that the
mandate Of the board of health in the
matter cannot be disregarded. Judge
Kirk passed the case until January 10,
with the understanding that If Mrs Ma
ton succeeds in being permitted to leave
jail before that date. either by habeas
corpus proceedings or in some other man
ner, it viii be called at once.
Mrs Nation was represented by Attor-
neys W S. Allen Of Newton. Judge
James A. Ray and Robert Browne Of
Wichita. These men have been retained
by the state and district w c. T. L. to
fight the case TO a finish and they de-
clared that it viii be taken to the SUI
preme court if necessary to test the pro
hibiuon law.
A close observer Of the entire proceed
ings was the prisoners husband, David
Nation. The latter made frequent sug-
gestions to the other attorneys and did
not permit point advantageous to the
prosecution to pass unchallenged. The
room, as on the occasion Of Mrs. Nations
first trial, was again crowded with her
w. C. T. Z. sympathizers and a number
u clergymen We're also seen among the
spectators.
The case opened at O'Clock with de-
mand by the defense that the prisoner
be brought into court which was opposed
10y County Attorney s. 3. Amidon on the
ground that the jail is quaranuned This
fact was denied by the defense, and It
demanded that proof TO that effect be
produced in court Mr. Amidon took the
stand to testify that a quarantine exist
ed. when the defense objected on the
ground that his testimony was not the
best evidence, but the records of the Of
fcers establishing such quarant tine were.
The marshal was then ordered 10 bring
i'm County Physician Jordan. He return
ed in a short time with the information
that the doctor could not be found Sher-
if simmons, during the interim. bad
been placed on the stand to give tesu-
mony relative TO the existence IF q quar-
antine upon the jail and stated that he
had not received any written notice 20
that effect. but that the health officers
bad placed a card upon the doors leading
to the prison. He said that this had been
done after DR.. Jordan had made an ex-
animation Of certain prisoner who had
been exposed to smallpox. The defense
tried in every manner possible 70 have
the records Of the board Of health pro
duced ia court for the purpose Of ascer-
,alnins IL that body had taken any Off
cial action az any of their meetings re-
sarding the quaranunlng q the basti,e.
Book after book was produced and read
from % show that II there really IS a
case Of smallpox in the 5aH the beard Of
health had no power 20 quarantine
county jail except In the case % an cpl
5emic. But County Attorney Am.51n
was also resourcefuI and finally won thu
day.
The attorneys for Mrs Nation refuse
20 say what move they VIII next make
since. IS they express them elves tae
So nos desire To 1etray ther hand