Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1905-05-17
DISTRICT COURT.
1ajunctions are Denied. Rudolph Case
Continued. Brownback Wins
the Damage Suit.

AhJoh$tiOho ei6eiihoI SiAO hihSiSht
parties in Medicine Lodge and
Kiowa, accused of selling intoxi-
eating liquor and maintaining nui-
sances, were denied by Judge Gill
lett on Tuesday night of last week.
The hearing was remarkable for
the number of witnesses examined
by the attorneys for the state and
the lack of knowledge on the part
of nearly ali the witnesses of any
infraction of the prohibitory law.
None had imbibed Intoxicating
liquor in any of the places; some
had sampled what was presumed
to be malt but they were unable to
say what it was, but the rule was
that nothing stronger than lemon
ade, milk shake, soda water and
soda-pop was on sale. The appli-
cations for the permanent injunc-
tions will be taken up in Oct., if the
plans of the temperance people are
carried out. This part of the pro-
gram, however, is regarded as a
mere joke by the "wet" element.
They consider the victory decisive
and do not even attempt to conceal
a jubilant feeling. The temperance
people, on the other hand, are much
disappointed at the manner in
which their witnesses testified and
declare that on the final hearing
they will select more reliable men
to testify and that the result will
be different. The cases were pros
ecuted by Attorneys w. H. Nc
Cague of this city, ]. X. Codding of
Wamego, and Judge Frank Foster
of Topeka. The statement made
last week, that G. M. Martin was
employed in the case, was an error.
The defendants were represented by
Seward /. Field and Noble and
Tincher.
A knotty-little question which
has arisen in connection with these
cases, is, who will pay the costs.
Judge Foster, one of the attorneys
for the state, holds that the county
IS not liable for them, and Mr..
Codding, in his answer to County
Attorney Griffin's petition in the
temporary restraining order, makes
the same assertion. County At
torney Griffin, we understand, is
inclined to coincide with their
view and unless he changes his
mind, will not O. K. the witness
fee bills. The statute is silent as
to who shall pay the costs in the
event the injunctions are not al
lowed, but it is supposed that the
parties instituting the suit are liza
BILE.
The other liquor case, City of
Medicine Lodge VS.. R. S. Bisby,
was dismissed on account of a de-
fective ordinance.
The Lake City burglary case,
State VS.. Orville Eager, Ray Wes-
ley, Norman Purdy and Fred Dur
fee, was settled on very lenient
basis. The Durfee boy was releas-
ed and the other three were per-
mitted to plead guilty to petty
larceny and were sentenced to 30
days in Jail and costs. In passing
sentence, Judge Gillett gave the
boys some splendid advice which it
is hoped they will heed. He told
them that as this was their first Of
tense, the man they had wronged,
Mr.. Shigley, and the officers of the
law had consented to let them off
as lightly as possible but he warn
ed them that if they were ever
brought into court on a similar
charge again, and their guilt prov
en-, they would suffer the full PEN
atty of the law. We trust this ex-
perience will prove of lasting ben
eft to the boys and that after they
have served their time they will
conduct themselves in way thai
they will redeem themselves in The