Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-20
FARMER" FUNSTON IS FINED
Former Congressman Found Guilty on Two
Charges at lola.
STRONG ADVOCATE Of PROHlBlToRY LAW
of Disturbing Peace and
Carrying Concealed weapons
After Rejoicing in Destruction
of Saloons by Dynamite.


of saloons by Dynamite.
lola, Kas., July 19-E. X. Funston,
| former congressman from this district
and father Of General Frederick Funston,
was today in police court found guilty Of
disturbing the peace and with having car
! ried concealed weapons. He was fined So
on each charge and the costs of the suits
were charged against him, making a total
Of $S15
The charges against Mr.. Funston grew
out OF the wrecIing by dynamite by a
temperance fanatic on July 10 of three
| lola 'joints" or saloons. The explosions
| followed an agitation against the saloons,
in which Governor Hoch was appealed to
| In an EFFORT 10 secure the enforcement Of
the state prohibition law. Intense excite
ment followed the act of the dynamlter
and for three days the city was crowded
with people, who came from many points
OF the state to view the wreckage caused
and to Join in hunt for the dynamiter.
Funston's Warm Language.
During the height of the excitement Mr..
Funston, It was charged, had made in
hammatory utterances 10 erowds that gath
cred about him on the streets. When
Patrolman Cannon tried to persuade Mr.
Funston to deslst a quarrel between the
two ensued and Funston. It was alleged.
attempted TO draw a revolver. Funston
was arrested and formal charge made
against him, after which he was released
upon his own recognizance.
In the trial. which was attended by hun
dreds Of persons, one witness testified that
Mr.. Funston had said: "I am glad that
some one had nerve enough to do it, The
only regret is that the men (saloon keepers)
weren't there to be blown out of their
buildings. II the police officers had done
their duty this would not have happened.
have no sorrow in my heart for the men
along this street who have suffered losses
because they have done business with these
men and have not put a stop to the saloon
business"
Patrolman Cannon testified that Mr..
Funston had threatened his life and had
cursed him.
That's lie," interrupted the defendant.
Mr. Funston testified Mn his own de-
tense He admitted he had come to town
armed with a shotgun and had purchased
shot on that day. He asserted that he
wanted the shot to protect his property,
located some distance out from lola,
against threat that had been made to
burn it, He denied having made infiam-
matory utterances.
Judge EuIogi1es Prisoner.
The loss caused by the explosions was
estimated at 500 900 and the alleged dyna-
miter. c. l. Melvin, is still at large, al
though a warrant has been issued for his
arrest and bands OF men have been search
Judge Adair. in sentencing Mr.. Funston,
said; ''It is with great regret that 1 have
been called upon to render judgment in
the matter While this is not a matter Of
testimony I wish to state that / have
known Mr.. Funston ever since have been
in Kansas; that / know him to be an
honorable, upright citizen and a man Of
exemplary character and reputation.
heartily sympathize with his feeling re-
garding the joint question. man who
regards his family and children would
naturally resent anything that would tend
to disgrace or injure them.
"I DO not wish 1t understood that any
judgment 1 may render intimates that I
do not sympathize with the sentiments and
feelings of those who believe in the en-
forcement Of the prohibitory law. 1 have
decided the matter, disregarding the stand
ing of the defendant, public sentiment and
everything except the law and the evil
dence."
Continuing, Judge Adair said that the
testimony showed that the defendant came
to town with guns and bought ammuni-
ton; that he made loud utterances before
several crowds that gathered about him
on the streets and that his language ad-
dressed to Patrolman Cannon was insulting
Mr., Funston was not in court when the
decision was rendered. His attorney i'm
mediately filed motion OF an appeal TO
the district court. There were but few
persons in the court room at the time
and there was no show of a demonstration.
Later Mr.. Funston, who had come into
town from his country residence said that
he had not expected a favorable decision
and was therefore not disappointed.
MIR. Funston Talks.
Mr.. Funston said:
There is not a citizen - Kansas who he
lieves that l am guilty of disturbing the
peace. We shall win out in the district
court. have received letters from ali over
that am Innocent The people are waking
up. The dynamiting of the lola saloons
was most deplorable, but at the same time
II Will answer good purpose in stirring
the people Of Kansas TO action. II will
call attention anew to the fact that the
same conditions exist in most every Kansas
town.
The prohibition law will be enforced The
time is coming soon. We must not leave
II to few preachers and enthusiasts The
try, must take part.
The law must be amended. The time will
come when a member of the legislature will
have 10 say whether he favors strengthen