The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-12
WHAT'S IT WORTH
Question About Service Of AttOr-
ney in Liquor Cases.
This EngrOsses Attention in
Drug Store InjunctiOns.
EnCTER AND HAZEN
FOSTER AND HAzEN.
They Clash While Former Is on
the Stand.
Suit Over Injunction Against the
Only Lee Jones.

''I think that the attorneys fee in this
case is reasonably worth $780, said
Frank H Foster, when he took the
stand in the district court this morn
ing after the trial of the Lee Jones in
junction case before Judge Dana.
The eight cases. brought at the insti-
cation OF the state temperance union
against eight Topeka druggists and
jointists by Mr.. Foster, were set for
trial today. The case against Lee Jones
was tried. Before evidence was taken,
2. T. Hazen, attorney for Jones, at
tackled the petition in the case on the
ground that the petition had not been
properly drawn by Mr.. Foster. A legal
skirmish lasting an hour was INDUCED
in before the main battle, the trial OF
the case was reached. Hazen pointed
out the fact that W. L. Dexter, secre-
tary of the state temperance union, had
sworn to the petition and that the pc
tition stated that Lee Jones, the Only
Lee" owned the building at $50 Kansas
avenue. This is a surprise to my client"
said Hazen, las he has been paying rent
for years for the use of that building.
The principal attack HaZen made on
the petition was that it was Improperly
drawn in not alleging any violation OF
law and not alleging that Jones does
not hold a permit emitting him to sell
liquor. This point Judge Dana took un-
der advisement and then proceeded with
the case. So, when Mr.. Foster teSu-
fed that he thought he should be paid
$50 out of the judgments in the case II
there are any, for bringing the suit TO
enjoin Jones from continuing in the
drug business Judge Hazen asked him:
What would you think the serv-
Ices of an attorney would be worth
in a case where he went to trial with
out alleging a cause of action ??
Fifty dollars" replied Foster.
whether he drew a good or a bad
petition an attorney would be worth
Just the same amount?' asked Hazen.
Yes
Both Hazen and Foster were rather
determined.
1.-THE affidavit says that Jones is the
owner" began Hazen.
to-" interrupted Foster who in turn
gave way to the>court, who wished to
save trouble.
''The court will preside in this
case" announced Judge Dana.
The eight injunction cases brought
by Mr.. Foster. against D. McRoberts,
DR.. H. H. Keith, T. Davis, S. Lee, Lee
Jones, Cash Curtis, Dan Finney and
George Klauer. brought forth a
strange front of lawyers J. B. Lar
inner and A. L. Redden, always strong
supporters of the prohibitory law and
attorneys who are ever ready to
prosecute, were in the cases on the
defensive. Mr.. Larimer appeared for
MI LUX pIOpi4SlnI u tic
where Finney ran his joint. Judge
Redden appeared in the defense of
Dr. Keith, who was interested in
Keith's drug store. Mr.: Foster was
supported by J. K Codding, w. H.
Cowles, Secretary Dexter and Frank
Stahl.
The first case tried was the Jones
case. The Temperance union asked
for an injunction to prevent Jones
from continuing in business on ac-
of the CHARGES that he viola ted
the prohibitory law.
The principal witness was E. B.
Jones, of Mcpherson, still another
member of the Jones family. He tes-
tilted that last November and Decem-
Der he went to Jones' drug store and
bought drinks of gin from Jones, paid
for them, drank them. and did not
sign any application blank. He said
he invited Jones to drink with him.
On cross examination HaZen asked
of Jones, the witness:
'tAre you a drinking MANI"
mo, SIR replied Jones.
Then why did you drink this gimp
ITO find out what it was
why are you here today?"
81 was sent for"
Were you subpoenaed
mo-
What is your business?"
soliciting for the State Temperance
Union
fan?''
AT the request of Secretary Dex-
ter
"were you under pay?"
eyes, sir
"Who paid you?''
Secretary Dexter
Flow much?''
''$250 a day
.'Did that include the cost OF
drinks? %
mo the State Temperance Union
paid for them
]. ". Richards of Manhattan testi-
fed that while he was on the jury in
the federal court last fall he and other
jurymen went to Jones place, when
ever there was a recess of the court
and drank beer. He said Jones served
the jurors except when Jones was moi
sober enough to wait on them.
The next case tried was against Oar
Finney. Several of Stahl's ex-police.
men testified that Finney ran a join
on East Fourth street. The clash be.
tween Hazen and Foster came at tn,
close of the Jones trial when Foster
was attempting to establish his claim
to fees for instituting the case.