The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-18
ISTT A JOINT?
Proprietors of Cold Storage Plant Oh
Trial in Police Court.

Richard Hodgins and Vincent
Kaczynski, proprietors of the cold
storage plant at First and Jackson
streets, are on trial in police court
today The charge against them is
keeping place where liquors are IL
legally kept. Chief Stahl has devoted
considerable time and effort to this
case, and had subpoenaed a number
of witnesses for the city. The de-
Tense introduced no witnesses, and
practically admitted that the testimony
of the city witnesses was correct. The
defendants were represented by Judge
z. T. Hazen and Eugene Hagan, and
the prosecution was conducted by j.
X Codding, for the State Temperance
union, and w H. Cowles. for the Law
and Order league. They took the case
off the hands of the city attorney, and
conducted the whole affair themselves.
The star witness for the city was a
farmer G. M. Shumate, who has
bought liquor at the instigation Of
Chief Stahl on several occasions. Shu-
mate testified to having secured beer
at the Hodgins- Kaczynskf storage
house, but admitted that he could Sc
cure it only upon the order of some
dealer. He said that he had secured
beer and Rochester hop tea from the
place upon orders from George
Knauer, and that he paid the money
to Knauer and had never paid any
money to anyone at the storage plant
He delivered the beer to Chief Stahl
for evidence, Stahl paying the ex-
pense.
Ex-Mayor C. ]. Drew. who recently
repaired the building, was called as
witness. His testimony, as brought
out by Attorney cCodding, was as fol-
lows:
Did you go through that build
ni7 -, ,-, ,,,J,a+ x,,aS S+oved
there? A.No.
Odd you see any kegs? A.
Q-what was in them? Al don't
Odd you ask any of the men
what was in them? A.-Yes, I no
ticed the kegs were rusty, and re-
marked that they were pretty musty
for beer. The man said it was not
beer, but hop tea.
Q.--How frequently did you notice
them loading and unloading kegs and
cases? Al paid little attention to
them saws wagons unload and load
all kinds of storage stuff.
Among the other witnesses were
three of Chief StahPs spoilers, H.
Dusenberry, Ed Whalen and Perry
Dubois The three testified from
notes made at the time that they had
followed loads of beer from the
storage plant to their destinations.
usually joints or drug stores.
The third SpOttery DUBOIS, SAID LnaC
he was a special officer, or A'-officer at
large" When asked his regular occu-
patton he said that it was what some
people call a spotter." He frankly
admitted that he had followed the
liquor spotttng profession for some
years in different cities and had been
employed upon his arrIvaf IN Topeka
with recomm ndations from other
anti-saloon men,
The spoilers had never seen any
liquor sold at the place in question.
They had a list of places where they
had seen beer delivered. Peter Hord
and J. NJ. Bayse, two expressmen, tes-
titled that they had hauled beer away
from the place at the request of pa
irons and had always presented q
slip of paper given them by the per-
son who employed sthem- They had
never paid any money to anyone at
the storage plant. Testimony con-
corning a number of joints about
town was brought out in the hearing,
but was not considered by the court.
At noon both the defense and prose
cution rested and Judge Hamilton
said: This may be the last time I
will have a chance to entertain such
distinguished legal talent in this
court. and I therefore desire to hear
from both sides. To the prosecution
I would say this: I want to hear from
you concerning the legality of keeping
liquor in storage. According to the
evidence, it will be necessary for you
to show that the simple act of storing
liquor for other parties is an offense
under the laws.
The attorneys are submitting their
this afternoon.