The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-08
GOES FREE
Commissioners Come to Rescue
of Notorious Jointist.
Secures Release from Jail on
Promise to Be Good.

The county commissioners this morn
ing voted to allow w. F. Lytle. sheep
Lytle as he is Familiarity known, to
leave the county Jail, where he is serv-
ing a sentence for running a joint.
Lytle agrees to pay $3.50 of the costs of
the case and his fine in cash and to
pay the rest on the installment plan at
the rate of So a month.
Lytle furthermore heroically agrees
never to sell liquor illegally in Shaw
nee county. Lytle signed an agree
ment which contained the following
clause: Now, the said Lytle as a
condition to his release from custody
agrees that under no circunS tanceS
will the said Lytle ever again engage
in the business of selling liquor in vio-
lation of law in Shawnee county and
he hereby binds himself to be under
the surveillance of the sheriff. Lytle
further agrees that if the sheriff ever
finds him engaged in illegal liquor sell
ing that the sheriff will be at liberty to
lock him up.
This proposition came from Mr.. Lytle
to the board through the agency of an
attorney. Iytle was very anxious for
the proposition to be accepted. He
complaiued mat ne was in III health
and was incapacitated for manual Ia
bor but that he would put a chattel
mortgage on his household furniture
and thereby raise $50 to pay down as
Lytle has had precarious and at
the same time charmed existence in
the conducting of a joint in ShaWee
county. In 1898 he was arrested charg
ed with running a joint. He was tried
in the district court and convicted. He
appealed to the court of appeals. Then
the court of appeals went out of busi
ness and case was lost for a time.
Again in 1899 he was arrested on the
/ charge of running a joint. He was
{ 4 IL III,
was the time Carrie Nation smashed
/ his joint and Lytle kept on selling,
4 even when the mirrors were broken. He
did a rushing business and gave away
bits of glass as souvenirs. He was ar
rested twice that day. Once by Shar-
iff Cook and once by Chief of Police
Stahl.
In this case Lytle was convicted in
the district court. He appealed the case
to the supreme court. The verdict of
the lower court was affirmed and Lytle
was sentenced by Judge Hazen to serve
80 days in the county Jail, pay a fine of
$500 and the costs in the case. Lytle
was sent to jail.
After he had served a short time As
sistant Attorney General A. L. Redden,
who had been appointed by Attorney
General GODDARD to enforce the prohibi-
tory law in Shawnee county, signed a
petition with Rev. J. T. Mcfarland, and
others, asking the commissioners to re-
do better Lytle was released and was
ordered to pay on the installment plan.
He paid.
The previous case. under the arrest
in 1898, lay dormant in the archives of
the supreme court until Judge Hazen
thought in 1903 that it was about time
to have the case disposed of. Then the
case was revived. Lytle went to Jail.
Somewhere in the litigation G. c. Glenn
ems once got Lytle out of Jail on a
habeas corpus proceedings in the su-
preme court, but finally Lytle was
placed in the custody of Sheriff Lucas.
He has served the 90 day Jail SEN
tence in the case and 80 days addition
al. He has a fine of 5000 and costs,
amounting to $40, left and this he will
pay, according to his agreement, onthe
| installment plan.
Now the only jointist who will be
left as a nestegg in the county Jail is
Hermann Uterman who is serving his
sentence for selling liquor at Vinewood
park last July.