The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-16
TRIES TO TALK
Afterwards Gives Out q State.
ment in Her Defense.
Says There Was Nothing Per-
sonal in Her Acts.

OILGIlS0 III SlndSuluS TIE WA1uOWS vi
buildings in which joints were operating
on February IA, 1903.
Miss Boies smashed the windows of
five buildings. She has been serving a
80 day sentence for smashing the first
windows of the series of five. That
sentence expired Saturday and she was
to have been sentenced on b second
charge Monday but was i'll and did not
wish to leave the county jail.
When appeared before Judge Ha-
zen this morning she was prepared to
make a lengthy talk to the court. Judge
Hazen asked her if there was any rea-
son why she should not be sentenced.
Miss BoieS got SO far as to say that h
did not think herself guilty of any
crime. Judge Hazen thought that was
her statement. Then he Informed her
that she had been found guilty by a
jury in the district court and that the
had affirmed the verdict and h was
therefore guilty and he would have to
sentence her.
When she returned to the Jail Miss
Boies said: 81 wished to say something
further but Judge Hazen evidently
thought I had finished and I had no
chance to continue. What I had pre-
pared to say and had written was as
follows:
There was no malice or personal i'll
IL Ill AA4l OAAA AtG
were strangers to me. MY effort was
against the unlawful, reasonable bust
ness they were harboring. At one time,
in Topeka, over forty outlaw jointists,
who were wrecking homes, destroying
families, breaking hearts, blasting lives
and damning immortal souls, were
turned loose by the courts to ply their
! criminal traffic and prey upo society,
while I, for smashing rebel roper
must go behind the bars and be punish
ed. The Holy Bible says, He that bic
deth him Godspeed is partaker of his
evil deeds Civil jurisprudence makes
an accessory before and after crime
equally guilty and punishable with the
principal. In time of war and especial
ly druing the great rebellion, men and
women who lent aid and sympathy to
the rebels were held to be even more
guilty and despised by all loyal people
than the men in gray. They were called
'copperheads,' a stigma and disgrace to
their children's children. This great
fundamental principle of national and
international law brooked in the least
will involve nations in war. The rulings
of the supreme court OF the United
States not of Kansas for in the inter-
ests Of reasonable accessories it has re-
VerSed the highest judicial ribunal OF
the nation. that puts those who rent
property for reasonable and criminal
purposes in guilt and responsibility on a
level with the ~jointist, gambler and dive
keeper. Be fair enough to give this
written interview and the following
citation. Every saloon and joint in
Kansas, by the prohibition amendment
and statutory enactment, has been de-
cIared a public nuisance. That point is
settled forever. Let every lawyer and
judge read this.
II Bishops Criminal Law, 83S; I Hill
lard on Torts, sos, reads: AT common
law it was always the right of a citi-
zen, without official authority, to abate
a public nuisance, and without waiting
to have it adjudged such by a legal
tribunal
and again: This ommon law right
still exists in full force. Any citizen
acting either as an individual, or as a
public officer under the orders of local
or municipal authorities, whether such
orders be or be not in pursuance of
special legislation or charter provi-
sions, may abate what the common law
deemed a public nuisance. In abating
it property may be destroyed and the
owner deprived of it without trial,
without notice and without compenSa-
ion
And further: 1T is simply the pre-
ventiOn of its nOXiOuS and unlawful
use, and depends upon the principles
that every man must so use his prop
erty as not to injure his neighbor, and
that the safety of the public is the
paramount law. These principles are
legal axioms, or axioms to
the existence of regulated society
Written constitutions presuppose them,
are subordinate to them, and cannot
set them aside
Bishops Criminal Law, paragraph
1881: This doctrine (of abatement of
public nuisance by an individually is an
expression of the better instincts OF
our nature, which lead men to watch
over and shield one another from
harm.
$50 much for the legal phase of my
smashing. 1t is the privilege of every
patriot and the duty of every citizen
to see that these criminal resorts are
abated and destroyed. This is in per
feet harmony with the ruling of the
United States supreme court, to wit
No legislature can bargain ava the
public health or the public morals. The
people themselves cannot do 1t, much
less their Government is or
ganized with a view to their preser-
walton and cannot divest itself of the
power to provide for then.-101 u. S
s16. All license of crime is unconsti-
tutional and therefore unlawful and
illegal. I am in prison for exercising
my right and doing my duty as a loyal
citizen of Topeka, of Kansas, and oi
the United States"
Miss Boies occupies the parIor cell in
the county Jail, second floor, south and
east exposure, at the head of the first
flight of stairs. Her cell is the same
one where Chauncey Dewey, w. J. Me
Bride and Clyde Wilson,. the Rawlins
county anchmen now being tried a
Norton. were confined awaiting the fix.
ing of their bonds by the supreme
court.
Miss Boies says that her cell is com
Portable. She has the walls decorated
with pictures, a stand of flowers, frui'
on hand, and the jail cat for company
Il am comfortable here" said Mis-
Boies. THE room is warm and I an
treated all right, but still I don't thinl
women ought to be in jail"
Miss Boies says a snap shot photo
graph of her was taken while she wa!
in her cell by a young lady who wen
to Texas.
If Miss Boies serves thirty days jai
sentence and serves out 500 fine ant
costs in each of the five cases agains
her h will be in Jail at least tw'