The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
FUNSTON'S TRIAL.
Witnesses Testify as to the
"Intlammatory Remarks"
w. A. Wheeler Gives Damaging
Evidence Before Jury.
LIE, CRIED FUNSTON.
The Ex-COngressman Greatly
Excited at Remarks.
NeighbOrS Said That Whisper
Could Be Heard Miles.
LIE, CRIED FUNSTON.

lola, Kan, July 1.-THE trial of ex-
Congressman E. H. Funston, father of
General Funston. on the charge of ut
tering inflamnatory words here last Mon
day when the town was stirred by the
blowing up of three joints by c. L.
Melvin, was not finished Saturday. 1t
was resumed today. The case in which
Mr.. Funston is charged with carrying
a concealed weapon was finished early
in the afternoon, but Judge Adair re-
served his decision.
Mr.. Funston offered no testimony in
the concealed weapon case, it being adj
mitted that he had a revolver and a
Winchester shotgun. The friends of
Mr.. Funston assert that he had no in
tention of causing trouble when he
drove to town and that he always came
armed because a jointkeeper had re-
Gently threatened to kill him. Funston
is a strong exponent Of law ENFORCE
ment.
Funston Excited.
The parquette of the Grand theater,
where the trial is being held, was filled
during the entire day. Many of those
in the audience had come from far parts
of the county and had known Mr.. Fun
ston 80 years. Many were old soldiers.
acter of the spectators that most of
them We're in sympathy with the ex-
congressman. Whether they believe ne
is guilty of the charge or not, there
is no doubt that his old friends are
sticking close to him. Mr.. Funston
himself sat on the stage of the theater.
where the witnesses were examined,
listening closely to every word of test1-
mony offered by the prosecution. once
or twice he restrained himself only with
difficulty from expressing his opinions
audibly concerning the testimony which
the witnesses gave. Frequently he
turned to his attorneys to comment with
great vehemence upon the testimony of
witnesses.
Al one point in the trial Patrolnan
Cannon testified that Mr.. Funston had
threatened his life and cursed him.
\ Lie, Cried Funston.
That's a lie," interrupted Mr.. Fun
ston, loudly enough to be heard all over
against interrupting witnesses. Mr.:
Funston apologized. Mr.. Funston will
take the stand today.
The sensation of the trial was the
testimony of w. A. Wheeler, an Off
cial of the lola Portland Cement COM
pany. Mr.. Wheeler testified that he
was standing within a few feet of Mr..
Funston on the street corner where
the alleged inhammatory words were
uttered. He stated with great delibera-
ton that Mr.. Funston said:
Il am glad that some one had nerve
enough to do it. The only regret have
is that the men weren't there to be
blown with their buildings. If the po-
lice officers had done their duty this
would not have happened. / have no
sorrow in my heart for the men along
this street that have suffered loss be-
cause they have done business day af-
ter day with these men and have not
put a stop to the saloon business"
Mr. Wheeler stated that the words
were uttered in a tone of voice that
could have been heard so feet away.
Mr.. Wheeler added that Mr.. Funston
also made this statement in substance
when retaliation was suggested on the
part of the saloonkeepers:
IF any man is wanted for blowing
up these saloons let them take it out of
the jointkeepers hides"
Mr.. Wheeler testified further that az
ter Mr.. Funston had made the state
ment he had turned to a bystander and
said that ANY man who would talk like
that on the street ought to be locked
up"
Knew FunstOn's Voice.
The trial has had its amusing features.
The Rev. L. G. Moroney AN Episcopal
rector, who reached the scene Monday
just as the arrest was effected, was
placed on the stand. The attorney for
the prosecution was trying to show that
it was F'unstons loud and angry voice
mat ndQ dllEdCleQ Tie ldIS6 CROWD 10
the scene of the arrest. The rector
would not say that it was Funstons
voice.
There were several voices" he said
and he could not attempt to say what
particular voice had made the greatest
disturbance.
You would know Funston's voice if
you heard it, wouldn't you?" inquired
the lawyer.
II am not acquainted with Funston's
voice. was the reply. Il know it only
by reputation"
w. r. Wood. a neighbor of Mr. Fun
ston. said he heard the conversation be-
tween Funston and PatrolTnan Cannon
Funston. he said. naturally talked in a
loud tone of voice, and his voice on this
occasion was no louder than usual. He
had said to Funston that if he were in
his place he wouldn't say anything
about the enforcement of the law at
that time.
J. R. Dunlap. another neighbor of
Funston's was called, and testified that
Funston had said good enough" in
speaking of the affair, but that he did
not know to what he referred to specff-
cally. Funston had added that he was
sorry to see any innocent person suffer
When asked if Funston had spoken in