The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-23

full avocation in the last six years?
A Yes, sir. have. For i've and
one-half years I worked for A. C.
Holmes in Rosedale.
Q. Yes, and you were selling whis-
KY too. were you not?
A. I stand on my constitutional
rights. My work was lawful, if the
business wasn't. I was paid to do it.
Q. As a matter of fact you are a
short card" man2
A. No, I am not.
Q. Are you not a professional short
card" gambler
A. l never made a practice of gam
bling in my life
he was still further questioned when
ne replied that "a Teller ought to have
the same rights as Rockefeller"
Holmes, the employer, was put on.
the stand and he was prize winner as
a dodger- He said he sells soft
drinks, cigars and tobacco at 11Og
Kansas City avenue, Rosedale. Mr.
Coleman put him through a course of
questions and got about as many direct
answers from him as Attorney General
Hadley got from Henry Rogers in
New York.
Q. Do you know Martin McHale?
A. Well. I can't say that I do. A
man was introduced to me eighteen
months ago as Martin McHale.
Q. Has that man been in your place
of business?
A. Yes: I have seen him in there
quite OIEen.
Q. Have you ever paid him any
money?
The witness squirmed in his chair,
and =the looka Of anxiety stole over his
face.
He Refused to Answer.
Am [ compelled to answer that
question: he asked of Mr.. Larimer.
The court told him he did not have to
answer If the answer would incrini-
nate him. He refused to answer
Q. Is it upon the ground that to
answer will incriminate you?
A. refuse to answer on those
grounds.
Q. You saw McHale often?
I A. saw him from one to three
times a month. saw him at least on
an average of once a month.
In less than four minutes the witness
/ fatty contradicted this statement and
! denied that he had made such state
ment He vowed that he had never
month and often It was three months
at a time before he would see him.
Did McHale ever make any demand
of your" asked Mr.. Coleman.
Must answer that question" asked
the witness.
You must answer unless the answer
win incriminate YOU replied Commits
sioner Larimer.
Then I viii not answer" replied
Holmes.
previous to 1904. you sold beer, did
you not?" asked Mr.. Coleman
Am I being tried for that now ?''
/ asked the witness in slarrn as he look
ed n will-eyed anxiety around the
mo. you cannot be prosecuted for
that now" said Mr.. Coleman encour-
T was tried and acquitted of the
charge of selling beer about that time, >
said Holmes with more assurance.
'Rut, as a matter of fact, you were
4 guilty And you are selling beer and
whisky right now, too, aren't your
asked the attorney general.
IT d-o-o not think am, suffered
the witness. sI have not been proved
guilty"
Witness was worried.
Holmes got so worried he stopped IN
the middle Of an answer and asked:
What am I here for2 For whom an
I talking and against whom am I a
witness2'
III you will keep your mouth closed a
few minutes and pay attention to what
is being asked. you VIII learn" answer
ed Mr.. Coleman.
What business did you do with Nc
Hale when he called on your" he was
I do not know that did any bust
ness with him in particular, was the
sWell, what busir ess did you do with
him that was not IN particular? Was II
. always for the same purpose2'
ct refuse to answer. To tell whai
, 7 did with him would fncriminate me
George a Waddeu said he used tC
be interested in politics. He was asked
on what street he had most OF his
business He was advised by Johr
Hale not to answer any question.
which might incFiminate him, and hs
did the Henry Rogers act seyera
) times He worked on Fifth street, he