The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-06-16
TWO GO BY BOARD
Closing Act in Joint Inquisition
Farce Is On.
Palms and Hayslip Cases Are
Dismissed.
BLUNDERS WE'RE MADE
InfOrmatiOns Drawn by County
Attorney Faulty.
More of the Cases Are Called for
This Afternoon.
SLUNDERS WERE MADE

ma jority of those who would be elig-
ible for membership in such an organi-
cation If it existed. assembled in the
district court room this morning. The
occasion was the trial of the first of the
interesting liquor cases brought by the
late county attorney, Galen Nichols. Mr..
Nichols however. was not present. He
started the ball a rolling and then left
for Kansas City. He had summoned
the newspaper men before him for some
purpose or another and secured some
evidence.
The deputy county attorneys, Captain
J. r. McNary and Squire w. S. Jami-
son were to conduct the cases. G. G.
Clemens and c. A. Magaw appeared for
the defense.
Promptly at o'clock the exercises be-
gan and then. for the first time in the
history of the court the absence of Mr.
Nichols was sorely felt. strange as that
may seem McNary and Jamison did
not have a personal acquaintance with
the jointists. Neither did the members
of the Press club. This gave the joint
lists a handicap at the start.
The first case called was against an
unknown bartender who served liquids
at The Palms before that irriSa ton
plant was closed and before the crop
was nipped by the frosts. 1t was ru-
nored that the mans laundry is mark
ed Jack Jones. There was no laundry
in the court room and he cOuldA not be
identified. The attorneys for the de-
tense took advantage of that. A motion
that he be discharged was made on the
ground that he was unknown and that
the information did not follow the law
in describing and verifying his station
in life.
Judge Hazen took the motion under
Amusement a recess Of half hour
was granted and the Press club held a
smoker. Judge Hazen returned later
armed with few law books. The meet
ing of the Press club was temporarily
adjourned.
The attorneys for the prosecution and
for the defense paid close attention TO
what the court had to say. Judge Aa-
zen began: The supreme court is more
technical as to rulings IN these cases
than in others
The lawyers for both sides smiled.
Judge Hazen continued:
section 472 of the prohibitory liquor
law authorizes the county attorney 70
s,1hp0ena witnesses and to take then
testimony which shall be reduced 10
writing and signed. The law authorizes
the county attorney to file these stat
ments with the information in the case.
What is the purpose that these states
ments server?
THAT was what all wanted to know.
The attorneys gave close attention.
THE only purpose of that statement,
continued Judge Hazen, lis to excuse
the county attorney from swearing 70
the information positively
The attorneys on neither side coulI
vet catch the drift of the decision.
Eff the place is described in the affi~
davit and not in the complaint that IS
not sufficient" said judge Hazen.
The attorneys for the defense smiled.
The attorneys for the prosecution
scowleG.
IF the place is described in the affl~
davit and not in the complaint that IS
not sufficient" said Judge Hazen. IL
the information is silent as to Wnare
the liquor was sold the court would inn
mediately quash such information.
said Judge Hazen.
why isn't the same true with per-
sons?" asked Judge Hazen.
From appearances the prosecution
thought it wasn't and the defense
thought it was.
IF the information is silent as to the
defendant it IS bad, said Judge Hazen.
The attorneys for the defense grinned.
The first and second counts are bad
as they do not state that he was un~
known to the county attorney The
third count is bad because the county
attorney describes the defendant but
does not say that he is unknown.
The attorneys for the defense smiled.
The motion to quash will be sus>
tanned and the defendant discharged, :
said Judge Hdzen-
The attorneys for the prosecution
frowned. The Press club laughed.
Jack Jones, the unknown left the court
room.
Judge 1azen called the case of "tha
state against Hayslip." The jury filed
into the box and was examined.
Squire Jamison then arose to explain
that the star witness in the case was
the only member of the Press club not
present He left at midnight last night
for st. Francis to be a spectator in the
Dewey murder trial He was the only
witness who was expected to prove any
thing against Hayslip.
I wish to explain" said Squire Jami-
son. that Mr.. Hayden was personally
served with a subpoena but he has gone
to st. Francis"
Then Captain McNary explained that
he told Hayden that perhaps the Hay
slip case would not be called till this
afternoon but that he did not give him
permission to go $50 miles away
Judge Hazen didn't see that anything
could be done. The case proceeded and
when the jury had been sworn the pros
ecution moved that the case be dismiss
ed Mr. Hayslip objected to this and
his attorneys demanded a verdict as
their client was in jeopardy. No testi-
mony was presented. as Mr.. Hayden had
taken his testimony with him. Judge
Hazen instructed the jury to bring in a
verdict of not guilty. That was done.
The Press club adjourned until the
Sylvan Kline case should be called and
the court and bailiff went to dinner.
SUICIDE IN THE CELLAR
Bank Cashier Shoots himself to