The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-15
SRE HAD 1O b GOOD
MRS. NATION WASN'T ALLOWED TO
DISTURB THE PEACE In
COURT
rs 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 citv
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" Lytle, Harry Jackson,
Ben Mullholland and George Stambaugh; ;
for the defense, Probate Judge Pagan,
Chief Of Police Stahl, Officer Carpenter.
Mrs. James White, Mrs. George Wolver-
ton and Miss Madeline Southland.
Mrs. Nations attorney entered mo-
tion 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 a word The crowd
continued to applaud, and Judge McCabe
demanded order, and called upon the
marshal to preserve quiet. Lawyer Du-
menil argued his motion to quash on the
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, negro lawyer, prosecuted Mrs Ma
ton.
Mike Kelly, one of the proprietors of
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?''
"Yes. 1t was all broken up.'
when did you see it?'
"In the morning"
"How did you find it?''
oil hrnlx
around the room when I came in
"Who owned this property?" asked
| Mrs Nations attorney.
"Lytle and l. did,
"Were you and Lytle in peaceable
possession of this property?''
''Yes, SIR
Mrs. Nation put her hands over her
mouth and tried to suppress a 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. Nation s
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?'
"I don't know
WAS there any there the day before?'
| 'I suppose there was"
| wasn't there some beer in your
charge?''
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 Kelly's 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 unconcerne6
throughout the trial. She appeared to be
relieved when it was over, and held ar
impromptu reception before departing.