The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-19
Two Charges Against the lola
Ex-COngressman.
Disturbing the Peace and Carry
ing Concealed Weapons.
GIVEN FINE OF ss1.55.
Shown by Witnesses That Talk
Was Infiammatory.
Closing Hours Of the Dynamite
ing ARRAY.

Ing ARRAY.
lola. Kan, July 1s.-E. H. Funston,
former congressman from this district,
and father of General Fred Funston,
was today in police court found guilty
of disturbing the peace, and with hav-
ing carried concealed weapons. He
was fined SIS on each charge, and the
costs of the suit were charged against
him, making total of $31.55.
| The charges against Mr.. Funston
grew out of the wrecking by dynamite
| by temperance fanatic on July 10, OF
| three lola joints, or saloons. The ex-
| plosions followed an agitation against
the saloons, in which Governor Hoch
was appealed to in an effort to secure
the enforcement of the state prohibi-
tory law. Intense excitement followed
the act of the dynamiter and for three
days the city was crowded with peo-
pie, who came from many points Of
the state to view the wreckage caused,
and to join in a hunt for the dyna-
inter. During the height of the ex-
citement Mr.. Funston, it was charged
had made inf1ammatory utterances to
crowds that gathered about him on
the streets. When PatrolInan Cannon
tried to persuade Mr.. Funston to de-
sist, a quarrel between the two ensued,
and Funston, it was alleged. attempted
to draw a revolver. Funston was ar
against him, after which he was re-
leased on his own recognizance.
In the trial. which was attended by
hundreds of persons, one witness test1-
fed that Mr.. Funston had said: ST
am glad that some one had nerve
enough to do it. The only regret is
that the men (saloon keepersl were
not there to be blown out of their
buildings. If the police officers had
done their duty this would not have
, happened. I have no sorrow in my
have suffered loss, because they have
done business with these men and have
not put a stop to the saloon business"
Officer Cannon testified that Funston
had threatened his life and had cursed
THAT'S a He." interrupted the de-
fendant.
Mr.. Funston testified in his own be-
half. He admitted he had come to
town armed with shotgun ana had
| purchased shot on that day. He assert
ed that he wanted the shot to protect
!. his property, located some distance out
from lola, against a threat that had
been made to burn it. He denied hav-
, ing made infiammatory utterances.,
The loss caused by the explosion was
, estimated at 100000 and the alleged
: dynamiter, C. L. Melvin, is still at
! large, although a warrant has been is
| sued for his arrest and hundreds OF
men have searched for him.
| Judge Adair, in sentencing Mr.. Fun
| ston, said: -"It is with great regret that
I have been called upon to render judg-
ment in the matter. While this is not
{ that 1 have known Mr.. Funston ever
since I have been in Kansas, that l
| know him to be an honorable upright
citizen, and man of exemplary char
| acter and reputation. heartily SYM
| pathize with his feelings in regard to
| the joint question. A man who regards
| his family and children would naturally
| resent anything that would tend to dis
| or nj I
understood that any judgment 1 may
render intimates that I do not sympa-
thize with the sentiments and feelings
| of those who believe in the enforce
: ment of the prohibitory law. have de-
cided the matter. disregarding the
. standing of the defendant, public senti-
ment, and everything except the law
and the evidence"
: Continuing, Judge Adair said that the
testimony showed that the defendant
: came to town with guns and bought
ammunition, that he made loud utter
ances before several crowds that gath
! cred about him on the streets, and that
l his language addressed to Patrciman
i Cannon was insulting.
Mr. Funston was not in court when
the decision was rendered. His attorney
= Immediately filed an appeal to the dis
trict court. There were but few per-
t sons in the. court room at the time
t | stration. Later Mr.. Funston, who had
d come into town from his country resi-
d dence. said that he had not expected q
favorable decision, and was therefore
not disappointed.
F'unston's Faith in Hoch.
In discussing the result of his trial
Mr.. Funston said: There is not q
= citizen of Kansas who believes that
q am guilty of disturbing the peace We
shall win out in the district court to
which we have appealed the case.
have received letters from all over
e Kansas expressing sympathy and the
r belief that I am innocent. Not one OF
1 these letters but has contained tbs
It most cordial expressions of sympathy
: and the hope that may win out. The
people are waking up. The dynamit-
;, ing of the lola saloons was most de-
plorable but at the same time it will
l. answer a good purpose in stirring the
people of Kansas to action. 1t viii
s. call attention anew to the fact that
these same conditions exist in most
= every Kansas town. The prohibition
q law will be enforced. The time is
U coming soon. We must not leave it to
e a few preachers and enthusiasts or the
q thing will drop right here. The bone
u and sinew the solid men of the coun-
II try must take part.
e 1.-THE law must be amended. The
time will come when a member of the
legislature will have to declare him.
! self; he will have to say whether ne
Ia favors strengthening the law and he
won't be elected if he don't The Law
should be amended SO that saloon
I'll keeper who persists in the violation OF
the law should be disfranchised, he Is
not tit to participate in the govern
ment I have faith in Governor Hoch
IN 1t is a big question. He is going slow
m But he will act. And the prohibltory
ID law will win. ss-