The Topeka state journal., 1903-06-17
CLEMENS SHED TEARS.
Then the Sylvan Kline Jury
Disagreed.

Seven of the late County Attorney
Galen Nichols joint inquisition cases
have gone by the board. Seven cases
have been called and not man has
been convicted.
Sylvan Kline. the man who played
baseball with the famous Dreyfus. IN
France, came the nearest to be convict
ed and that was not very close cal
after all.
Hayslip and his bartender went free
Tuesday. When Klines trial came up
he went to Hayslip and borrowed his
rabbit foot. It was a gool talisman.
Kline was tried in due order. Six or
seven witnesses swore positively that
they bought beer, whisky, wine and
mixed drinks from Kline and paid him
for them. They knew Kline. He wait
ed on them. They knew intoxicating
liquors when they drank them and
what Kline served were intoXicants. 1t
was a clear open and shut case against
Kline for a jury that wanted to convict
on sufficient evidence.
G. c. Clemens addressed the jury. He
had not cross examined a witness that
the prosecution called and he had not
called a witness for the defense. Glenn
ems began a speech that would have
wrung great drops of water from the
features of a cigar sign. He began
with a story Not the story Of THE
a little Dutchman. He told it in the
most approved fashion. He began with
Once upon a time, not very long ago
there lived in the city of Topeka a man
we shall call, for the purpose of this
story, The Little Dutchman.' " Then
Clemens told of the flood, the suffering,
the cries of the unfortunate people in
North Topeka who were on housetops
and in trees calling for help.
He pictured the distressing scene with
lurid gobs of horror, more even than
were put into some of the yellow stories
that went to Eastern papers at so much
per column. He told of daring man
who took a boat, when other men stood
back and dared not go, and went across
in the frail craft, daring the seeIhing
current at the risk of his life. How this
man, the Little Dutchman, saved seV-
eral women and children from places
and how he worked till he fell exhaust
ed from exertiOn and exposure and had
To be taken in a carriage and nursed-
All this. as to- the heroic acts of Kline,
were true NO one did more heroic ana
valuable work during the flood than did
he. Clemens picture may have been
somewhat overpainted, but it was ef-
fective. There were four or five North
Topeka men on the jury. The talk had
Its effect. Several Jurymen had their
handkerchiefs out and six of them join
ed Clemens in a good, copious, fearful
cry
O'Clock. The twelve men tried and true
STAYED out a while and then sent in
word that they wanted to hear the testi-
mony, taken in short hand by the court
stenographer, read over to them as they
had forgotten a few points. The attor-
neys for the defense objected to the
reading of anything to the jury and the
court denied the request. The jury,
perhaps, wanted to find a legal excuse
for not finding Kline guilty.
The jury did not agree by supper time
and went home to sleep and eat This
morning they resumed deliberations and
a 1920 o'clock finally decided to dis
agree or hang.
I rather have a hung jury than a
hung client" said Clemens.
The case against Joe Northcraft and
his bartenders was dismissed on the
same technicality that Hayslip got out
ON. an error of Mr.. Nichols in the in
formation. The unknown" baI-tenders
at Fred Ross place also went free. The
same cause let the unknown barten-
der of McGregor's place off.
The game is still on and Fritz Durein
IS being tried today The bets are 20 to
1 that he will get off soneway, although
he was not a flood hero.