The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-10
MCFARLAND FINEO
He Offended the Dignity Of PO-
lice Court.
Dared Judge MagaW to Fine
Him for Contempt.
N THE NATION TRIAL.
Pastor Was Indignant at Treat
ment of Woman.
She Was Fined for Not Cues
tioning Witnesses Properly.

Rev. DR.. ]. T. Mcfarland, pastor of
the First Methodist church of Topeka,
was fined 500 for contempt last evening /
in the court of Judge Charles A Ma
gaw, police judge.
Mrs. Carrie Nation, the Home De
fender" was on trial for disturbing the /
peace on Thursday evening. She was
conducting her own defense, and ex-
aiming witnesses. In so doing she /
tried to make them say that the place /
in front of which the alleged disturb /
ance took place, was a joint, or Hell I
hole as she expressed it. The court !
warned her several times to conhne her /
questions to the case in hand, but she /
refused to do SO. After the fourth adj
mOnition in less than five minutes Judge /
MagaW said: I will fine you SIS for 4
contempt of court" He then proceeded I
to write commitment for Mrs. Nation I
While he was doing so Rev Dr. McEar- /
land, who was among the many sympa- !
thlzers of Mrs. Nation who were IN the !
court room, rose in his seat and said; |
Perhaps you would like to fine me- |
too The court was buSily engaged IN /
writing the commitment and paid no /
attention to the minister until he spoke |
a second time Those who saw the
transaction are inclined to believe that
Judge MagaW heard the challenge the
first time, but wished to give DR.. Nc
Farland a chance to sit down and get
out of it. We'll, are you going to fine
me2" repeated the pastor. At this Judge
Magaw looked UP and said, Yes, l
think I will fine you $25 for the same
offense'' That's right shouted DR..
Mcfarland make it fifty, I don't care,
make it a hundred. Again I repeat, this
is an Internal outrage" He had made
this remark at the time the court inn
posed the fine on Mrs. Nation, and be-
fore he had risen from his seat. Several
others in the room had also said, 1t IS
a shame, an outrage"
At McFarland's last taunt the court
looked hard at him for an instant and
| then said slowly, and with no trace of
on 4 c11cr q
land, I will make the fine $780," Chief"
he continued, turning to Donovan,
commit this man until the fine is
paid" He 1t once wrote a commitment
Donovan.
Mrs. Nation was taken back to her
cell on the second floor, and DR.. Nc
Farland walked out into the Jail office
where he accosted Will White, the pa
4 troll driver. White was one of the men
/ who arrested Mrs. Nation, and testified
/ in the case. When Mrs. Nation tried to
/ cross examine him, she asked him II ne
4 did not know that a hell hole" was be-
4 ing run at the place, 301 Kansas avenue,
I where she was arrested Prosecuting
/ Attorney S S. Urmy objected to the
question as having nothing to do with
4 the case, and the objection was sustain
! ed Mrs Nation repeated the question
several times, but White was not allow
I ed to answer. DR.. Mcfarland referred
to the incident when he met White in
! the office and said. You perj2red
! yourself when you did not tell what
\ kind of q place was being run by Frank
Raynor. What was the use in lying
/ that way?" The officer closed his hand
as if preparing to knock the minister
down, and then seemingly regaining
control of his temper said, please shut
1 up. I don't want to talk to you
DR. Mcfarland continued to talk about
the case and said: 1T was a travesty
on justice. That poor woman had no at
I torney and she was trying the best she
: hn1 Oh cha cffka rlf
that place. I am willing to pay 800
for the privilege of telling Judge NagaW
what ] think of him. Some one sug-
| gested that he could have told Judge
Magaw what he wanted to after court
/ great deal cheaper, but he made no
answer to the remark. He had evident
! ly lost control of his temper. and was
I trembling with rage when he came out
in the Jail office.
/ Chief Donovan approached DR.. McFar-
1 land and expressed his sorrow that the
/ unfor turate affair had taken place. He
! tried t. exnlain to him that the court
had to maintai1. some semblance of dig
nifty and not permit outbreaks such as
had been made. Although Chief Dono-
van held a commitment for the minis
ter he refused to lock him ~. DR. Nc
/ Farland said he would pay the fine, and
was allowed &c 60 home after his check
/ book. bu- did not return as he Dromis-
/ ed to do. The fine is still unpaid aTl
no move has heez made to put the Of
!
was interview this morning, and said
/ I shall not hive DR.. Mcfarland locked
/ up if I can possibly help it, but I will
/ not reduce or remit the fine. If such ac-
tions as his are allowed to go unDunish-
4 ed the court may as well be closed #
4 the case had been one where had fined
jointist, and some symDathizer had
4 risen in the audience and shouted out
that it was an internal outrage and
! had overlooked it. I would have been
! subject to very severe criticism. Legal
! ly, this case is no different. These peo-
pie are in the right in their antagonism
of the Joints but they will have to act
| in a legal manner the same as any one
else when they are in my court. Be
cause they are morally right is no ex-
cuse for them to disregard and overrun
| all law and insult a court
Or. Powell called upon me this morn
ing and stated that DR. McFarland was
not physically fit to be imprisoned, and
although J have issued a commitment
for him and he should be locked uD un-
til the fine is paid. I will ask the chief
TO postpone it until habeas corpus pro-
/ ceeding can be brought. as I understand
! that such viii be done. so that DR.. Nc
| Farland will not be actually locked up.
Attorney. +. 2. Larimer has tried to get
/ me to reduce the fine. but I do not see
! fit to do So Willis GIeed called last
/ night for the same purpose, but I do
/ not see it my duty to make any change"
Attorneys Larimer and Gleed have
I been retained in the interest of DR.. Nc
Farland. and viii bring habeas corpus
! proceedings at once for the release of
Dr. Mcfarland Whether such action
can be brought for the release of a man
4 Who is not confined remains to be seen
Mrs. Nations arrest in the first place
was peculiar proceeding. She Iectured
to Frank Raynor. one Of the most no
tCrious iointists in Topeka and though
! he abused her roundly she was locker
up and he was not mOlested. 1t looks a s
If the police are going a little farther
than ever before in their efforts to pro
rect the Sointists. It is easy enough to
lock I'D an aged and perhaps indiscreet
OLE woman for trivial offense, but i