The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-24
A -FOUR FLUSHER.
That is What Judge Hayden
Called Attorney COwles.
Said That He Harnesses Court
With Jeers and Jibes.
THREAT OF A FINE.
Attorney Subsidies and Matter Is
Dropped.
Witnesses Need Not Appear at
Permit Hearing.

A very important decision, or rather
agreement was arrived at in the probate
court this morning, to the effect that a
witness subpOenaed to appear before
Judge Hayden in case of an applica-
ton for a permit to sell liquor, need not
appear unless he wants to.
The instance came up in the applica-
ton Of DR.. W. S. Osborne for a permit
at the Copeland County drug store.
Monte Campbell. who sold The place to
Osborne, was subpOenaed but did not
appear Judge Hayden ruled, and both
sides accepted his opinion, that Camp
bell could not be forced into court
In permit cases the probate court sits
as commissioner under injunctions
from the supreme cosrt, and not in his
regular capacity as probate judge For
that reason he is not empowered with
judicial privileges to issue a commit
ment Tor a witness who does not APP
pear The law governing the matter is
very clear on that point The matter
was discussed pro and con by Charles
Magaw, attorray for Osborne, and w
l. Cowles. the attorney for the state
Temperance Union, and they agreed
with Judge Hayden that Campbell could
not be forced into court
County Attorney Hungate tried not to
have the matter decided. IN addressing
the court he said. I have no doubt in
my mind but that these men are very
desirous Of enforcing the prohibitory
law. 1t would therefore be to their dis
advantage to have il known all over the
city that witness need not come in
and testify in a permit case unless he
wants to- If that gets out and becomes
public property all over the city why
You can see the effect that il will have
But the point was settled by that
time. Judge Hayden said that he would
issue commitment upon Campbell If it
was wanted, just TO test the matter
But the State Temperance Union, who
wanted him. said that they were salts
nsd That the law gave Judge Hayden
no power to do so and were willing to
drop the matter. But the point was
made and henceforth a witness can nut
the matter up to himself whether he
wants 10 appear q not in a permit ap-
plication case
Osborne was granted his permit. In
deciding Judge Hayden modified his
statements with the phrase, under
against the place County Commission
er Sterne, the owner of the building was
called in as a witness. Harry Bone an
peared as his attorney The T.aroner
ance union wanted Campbell who had
run the place before. They did not saw
whether or not they expected to get evil
dence from him.
After the case had been decided A.
torney w. III. Cowles for the State Tenn
peTance union, commenced his regular
post norton discussion, just as he has
been in the habit of doing right along
He passed a number. of sneering iibes
at Judge Hayden in the course of his
talk
oh. We are making a little progress
now since Hayden has improved some
ne said TO a bystander. He kept up this
kind Of half-serious banter for quite A
while Hayden said nothing but went
on about his work.
It got to be too much for the genial
presiding judge of the probate court
however Wheeling quickly in his chair |
he turned to Cowles and said:
! have about enough Of this kind Of /