The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-10
County Attorney Hungate Has
His TOmahaWk Ready.
Win Make 1t Lively for Joint
Owners.
CAN'T HAVE WET GOODS
Refuses to Allow Them to Go on
Replevin Suits.
viii Cause Arrest Of Hen Who
Claim Them.
AMT HAVE WET GOODS

When the jury in the district court
tFies the jointists who have been ar
rested upon complaints issued by
County Attorney Hungate, the men,
the bars. the liquors the pumps, the
ice boxes and the entire joint para
phernaIia viii be used in evidence. If
It is possible Mr.. Hungate may have
the bars and Ice chests put up in the
court room to be used as exhibits in
the cases Mr.. Hungate is, consider
ing this plan and to prevent a thwart-
ing of his scheme he is fighting the re
plevin cases brought for the recovery
of the Joint goods seized by Sheriff
Lucas and he threatens to arrest any
one who claims the liquors and fix
lures
Friday afternoon James O'Mara
brought two repIeVin cases in the dis
trict court for the recovery of liquors.
One case was for the $3.50 worth of
liquors and fixtures seized in the
JohnsOn-Simmons joint at $50 Kansas
avenue. o Mara claimed in the petit
tion for the replevin of the goods that
he is the real owner. The other re-
pleVin case was for the recovery of
the s241 worth of liquors seized by
Sheriff Lucas at the t1nney-Crlst joint
at sos East Fourth street. O'Mara
claimed these goods We're also his.
The bars and liquors and ice boxes
basement of the court house under
lock and key. 1t has been the habit
to bring replevin suits and secure the
goods seized. o. Mara tried this usual
custom but instead of getting the
goods Hungate ordered redelivery
bonds given and the bars and liquors
will remain in the basement of the
court house to be used at the trials as
evidence. There are about eight bars
and ice boxes in storage.
When County Attorney Hungate
heard that a repleVin suit had been
brought against Sheriff Lucas for the
recovery of the bars and liquors, he
Immediately ordered that the sheriff
retain the goods seized and Hungate
executed redelivery bonds which
allows the sheriff to retain them even
when the suits are brought.
County Attorney Hungate gave it
cut this morning. with a good deal
of warmth, that he will issue war
rants for the arrest of persons who
claim the ownership Of contraband
Joint goods.
eff this man O'Mara owns these
bars and liquors, which were the
equipment for these joints, then he
must be the proprietor" said County
Attorney Hungate this morning. "The
warrants in these cases were against
Johnson, Simmons, Finney and Crist
charging them with maintaining a
common nuisance where liquors are
kept for sale. Then this man,
he is the owner of these goods, must
be the proprietor of these places
shall issue a warrant for his arrest
charging him with being the keeper of
common nuisance. I will see
whether some one Will step in this
way and claim these bars and liquors
without finding themselves in
trouble
County Attorney Hungate has had
some trouble with juries recently in
owl
dence was strong the juries brought
In not guilty verdicts. These We're
not in liquor cases, for Hungate has
convicted every man he has tried in
the district court on the charge of
selling liquor. and he wishes to keep
up his record. For fear that the new
jury which will assemble for the Sep
TENDER term of court will not con-
vict in the cases Hungate has recently
brought against jointists in the dis
trict court, he proposes to have evil
dence before them which Will allow
of no verdict but guilty He will have
the bars and the ice boxes and the
liquors for the jury to see and the
officers Will testify as to which bar
each jOintist was behind when the
raids were made.
When Sheriff Lucas officers raided
Che joints they took the bars and bic
ice boxes apart, in sections and took
them with the liquors, glasses. cork
screws pumps, towels, work benches
sldeboards, beer kegs and bottles tc
the court house basement, labeled
each one. and stored them ready for
use as evidence and it is for the pur-
pose of keeping them for evidence
that Hungate is fighting the replevir
suits.
why, can we use these bars anf
Ice boxes and liquors right in from
Of the jury for evidence ~ remarked
Hungate to Lucas as they were view.
ing the spOils of the raids where they
are stored in the basement.
I'VE can" said Lucas
can we have them taken I'D intC
the court room, in sections. and pu
UP there for the jury to see?" asked
Hungate.
eve cam said Lucas.
So the jury will not need to ask tn,
witnesses what the bars looked like
nor what the liquors tasted like. The
can see and taste for themselves
when the cases are tried.