The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-06
TAKE IT UP HIGHER
Magnetic HeaIers Get Writ of
Habeas Corpus.
Their License Fight Interrupted
in Police Court.
HEDIDN'T UNDERSTAND
Omaha Attorney Not Familiar
With the Procedure.
Comes Near to Being Fined for
Contempt Of Court.
He DIDN'T UNDERSTAND

I. L. Sherman and DR.. E. A. Caul-
field. manager and physician of the
Magnetic Institute . who were ar
rested on a complaint charging them
with failing to pay license as 'itineranr
doctors" have been partially tried for
the alleged offense. The complaint,
which was issued at the instigation OF
City License Collector Mark Mason.
charges Sherman and Cauldeld with
conducting the business of itinerant
doctors, and advertising by dodgers,
ETC."
The case was originally set for
$3.50 last evening in police court. Col.
H. c. Lindsay was on the bond of the
defendants, They arrived at police
court about 4 o'clock. accompanied
by their attorney, F. NJ. Perkins, of
Omaha.
1t was evident that Perkins was ac-
eustomed to. practice in a higher court,
and did not fully understand the free
and easy methods of police court.
He opened by asking the indulgence
of the court for a few minutes while
he got a writ of habeas corpus to take
the case to the district court without
police court trial. Judge Urmy bland
" explained that as the defendants
were on bond, and not in the custody
of the police, a habeas corpus would
not lie. He further observed that a
4 habeaS corpus was no good until after
| the defendants had come to trial, and
/ that the hour being late, the trial
would begin.
Togo" Dreaming, the fiery city at
torney. was present to conduct the
prosecution. 1t did not look to an out
slider as though the prosecution had a
case against the defendants but the
frequent attempts to run the affair on
higher court lines which were made
by Attorney Perkins, complicated the
matter. The case was stretched out
until o'clock, when the court hastily
adjourned and made a run to catch his
car.
Mark Mason, license collector. and
Charles Dwinell, late boy Pie
nomen,' were the witnesses called for
the city. Mason testified that he had
no knowledge that the defendants had
| distributed dodgers since the time OF
their arrival in this city, when they
gave public exhibitions of the powers
| of the Boy Phenomenon" at the
! Grand opera house. He had one of
their advertising circulars issued at
! time, inviting the. public to attend the
performances at the opera house and
be convinced of the healing powers of
their ward. the BOY Phenomenon .
He admitted that they had paid their
license for one month. from March %
to April %. which would cover the
dates in which the dodgers were dis
! tributed.
Mr.. Dwineu, the boy Phe-
nomenon," then took the stand, and
testified that for the past ten years,
until about three weeks ago. he had
| been in the employ of I. L. Sherman,
who had paid him salary of $25 per
| week for healing the lame and sick
with his magnetic powers He also
testified that Sherman was the man.
ager of the concern. handled all the
money and was boss in general. When
asked why he quit the healing com bine
and started in business for himself he
stated that his falling out with Mr..
Sherman was purely personal mat
ter. and had nothing whatever to do
with the case.
During the trial Attorney Perkins
frequently objected, and was as fire.
quently, overruled. He began by NOV
ing that the complaint be quashed on
the grounds that the city ordinance
was unconstitutional and conf1icted
with section 1 Of the fourteenth
amendment of the constitution. Later
he objected to Togo Dreaming lean
ing over and whispering to the court.
He was rebuked by the court, and
said that he was only asking for his
rights.' In answer to this the court
stated that he would know more about
his rights if he continued in the same
strain for little longer This inn
-of adjournment, while Mr.. I. L. Sher-
man was on the stand.
ME-. Sherman testified that he was
not an itinerant doctor, or any other
kind of a doctor. He was a citizen
of Topeka and had established a
home here. He tried to introduce a
lease on the Collins house for one
year as evidence, but it was not ac-
cepted-
The case was adjourned to 9 O'Clock
/ ) H.
arrived Attorney Sherman came in
with habeas corpus from the dis
trict court. To allow the habeas
corpus to lie, Colonel Lindsay, the
bondsman, came down and delivered
the defendants to the police. They
then taken to the district court, where
a hearing was set for June %. The
license collector and city attorney
were on their trail, and when they
offered a certified check for $1,000
as bond to appear, the city officials
warned Clerk I. S. Curtis not to &C
cept it. Therefore the defendant
were again held in duress while theil
attorney FASTENED to the bank will
the check to get it converted int
, the bank oficials, another delay wa
: experienced while he was finding
someone to identity him, and it wa
about II O'Clock when the manage
J., and physician OF the magnetic inSu
: tute were released from custody.
If any law is followed in the case
: the defendants will have to be triet
in police court, and It is very prob
able when a hearing is secured IN dis
4 trict court that the unfinished case viii
+ be sen tback to the tender mercie
4 of the police court. The district cour
y is very liable to rule that the defend
4 ants are not subject to habeas corpu
s. until they have been fined and con
n hned by the police court.