The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-18
NO JAIL FOR HIM.
DR.. Peyatt, Hewins Druggist,
Objects to His Sentence.
Was Convicted of Selling Liquor
in Drug Store.
JUDGE SMART NAMED.
Will Take Testimony in Olathe
Election Cases.
An Administrator Case Is Filed
in Supreme Court.

DR. E. c. Peyatt, a druggist down in
Hewins. Chautauqua county, is making
q hard fight to escape serving term
IN Jail for selling liquor. an offense for
which he was convicted not long ago in
his trial before Judge G. 2. Altman
Peyatt has filed an appeal in the SUI
preme court.
There were five counts against Peyatt
originally, but he managed to escape on
four of them. He received a sentence
of 80 days and 500 fine on one count
but it seems that this one count is not
agreeable to DR.. Peyatt.
Several witnesses were called by the
state who testified that they had bought
something at Peyatt's store which look
ed like beer or whisky, tasted like the
same and was given to them in re-
eDonse to a request for ditto, but that
under the circumstances they could not
be real sure that the stuff was what 1t
seemed to be- They simply knew that
they could go there and get something
to drink and there was plenty of evil
dence that DR.. Peyatt was not merely
giving this stuff away to his friends be-
cause he loved them.
One witness, who was evidently sort
of a spotter, got his brother-in-law to
drop into the store and buy a bottle Of
whisky. The whole transaction was
plain and direct and the alleged Spotter
had the bottle in court to show what it
was The experts agreed that the stuff
was really drug store whisky, and it
was on this count that the doctor was
convicted.
There are a lot of country towns in
the state which have a doctor" in their
city running a drug store, the chief in
come of which is from the business in
liquors. The doctors always make big
fuss when trouble results.
Judge c. A. Smart, appointed by the
supreme court as master in the Olathe
election case, filed his report yesterday
with the court. The findings do not
indicate which side of the case ought,
in Judge Smart's opinion, be given the
decision. But the friends of the con-
testants think that under the findings,
the court will have to decide that F.
r. Ogg and his city ticket is victor
fous over the Independent ticket head
ed by John J. Glover. The canvassing
board decided in favor of Glover
In the First ward at Olathe, the
election board, two of whom were IA
vorable to Glover. threw out all the
tickets which were voted straight in
the circle for the city ticket on the
ground that the city ticket had no en-
blen- There were 126 straight votes
for F. r. Ogg thrown out on this
ground, and it happened that Glover's
majority was just 1876. So if all the
straight Ogg tickets should be count
ed that were rejected in the First
ward. it would be a tie. However. the
Ogg people claim that a good many of
their ballots were rejected for INSULT
cient cause and they claim that the
findings in fact will give them the cleo
ton by about 25 majority.
When the answers in the contest
cases were filed, a lot of charges of
bribery and corruption were made
against Ogg and his friends. No evil
dence was presented to the special
master to sustain this point, however.
There was also a dispute about a
sack of voted ballots in the First ward,
which it was claimed had come unseal-
ed in some mysterious way. The Glover