The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-12
STAHL SUIT IS ON.
Ex-Chief Being Sued by George
Burgharffor False Arrest.

The suit of George Burghart against
Frank Stahl for S6.40O for malicious
prosecution, was begun before an" at
and 'af' Jury in the district court this
morning. The prohibition and anti-pro-
hibition sentiments are likely to cut
some figure in the case. so it was just
as well that the jury, so far as senti-
ments go. is perhaps divided
In December 1900, Frank Stahl was
the all-powerful and active chief of po-
lice OF the city of Topeka. He wore Z
gold star. At the same time George
Burghart was cigar manufacturer i'll
the said city of Topeka. He wore dia-
mond shirt stud. Stahls HEADQUARTERS
were at Fifth and Jackson streets
Burghart's place of business was Eighth
and Kansas avenue. Next to Stahl's
office was cell Next to Burghart'--
store was a joint There was no one i'll
the cell. and no one in the Joint, SO il
seems, and Burghart being closest 10
the said Joint. was it, That's il
Burghart, much against his will. was
made a nest egg in the empty cell He
was unwillingly decoy to attract 9TH
ers, or be horrible example,
For Chief Stahl tore him from his
abode at the dead of night, placed a po-
liceman on either side of him and
marched him to the police station Stahl
was the rear guard. He charged Burg
hart with being proprietor, owner, op-
orator, manager and sponsor of the joint
in the building next to his. Burghart
served as prisoner in the city -jail He
claims he was there two hours and q
half, under lock and key. Stahl claims
ne was there one hour and fifteen min
utes, and that the door was unlocked.
Burghart was the first witness on the
stand. He explained to the jury that
he is in the cigar business and that he
had nothing to do with the joint. 1t
developed that in the afternoon Stahl
had raided the joint. The PLAINTIFFS at
reT16 r4r.r,rr
court allows it, that Stahl went to the
building with two sticks of dynamite
prepared to blow it into smithereens and
that he desisted from his horrible pur-
pose only for the reason that Barney
Mcmahon stuck so closely to the bar
that if the bar went skyward Barney
would go with it and he might not come
back all in one piece. Stahl was afraid
that if he blew Barney to pieces that
there might be peace warrant out for
his arrest. SO, the story goes, that this
base potter then employed a chimney
sweep to crawl down a chimney and set
off some dynamite. The chimney sweep
went down the chimney to blow up the
place, but he found that if he touched
off the dynamite in the chimney he
might follow Barney. The dynamite
scheme was therefore abandoned.
Stahl does not seem to like Judge Hazen.
Hazen once told him something that he
did not relish so Stahls attorneys asked
for a change of venue. John F. SWitzer
was substituted for the venue and he the
oretically wore the woolsack behind the
bench. Hazen sat by and listened and
kept Bailif John Coyne from making too
much noise.
Burghart testified that on account of his
arrest. which was shortly before Christ
mas. that his holiday trade suffered and
that his base of supplies in the east wrote
him that they would not sell tobacco to a
man who had been tinged with the joint
business. On cross examination L. A.
Stebbins tried to induce Burshart to ad-
nit that he was not in Jail. Burghart
said he was in room where the windows
were barred and the door locked. He
called that in jail Stebbins limited that
it was really the back parlor of the Jail.
The jury will decide whether Stahl owes
Burghart anything for false and malicious
| Imprisonment.