The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-15
ON THE GRDIRON.
Witnesses in Joint Case Are
Not Expert Dodgers.
Admissions Forced From Them
Despite Dodging.
DIDN'T KNOW WHISKY.
N. c. Plank, Contractor,
Wasn't Sure About 1t.
The Three Defendants Are Ac
quilted as Usual.
DIDN'T KNOW WHISKY.

.
and Charles Hines, charged with sell
ing liquor and maintaining a nuisance
at 106 East Sixth street, that Assistant
Attorney General Carver had to cross
examine them and ask questions
which tended toward Impeachment.
That is one of the big, salient rea-
sons why so many acquittaIs are be-
ing returned.
Carver went after his own with esses
with such vehemence that he fire.
quently drew from Galen Nichols and
Judge T. T. Hazen. attorneys for the
defense this rare objection: I'VE OBJ
ject on the grounds that the state is
subjecting its own witnesses to cross
examination which tends toward their
impea chment-"
Judge Carver talked to one of his
own witnesses yesterday morning
about the case, and by afternoon, ac-
cording to the assistant attorney gen
erals own statement~before the court,
the witness was telling a different
story. Carver turned loose on the
witness pretty hard and wanted to
know If anyone had been ''tampering"
with him.
Almost rank failure attended the
efforts of the prosecution to deduce
testimony from the witnesses. Their
memories were remarkably bad
The prosecution also failed to get
two of its important witnesses to even
appear for the trial. They were J. W.
Maxwell and Henry Vesper. Attach
ments were served for them both
! Adjournment of the court was or
/ dered until this morning at O'Clock
to give them an opportunity to ap-
pear.
The charge against Hodgins. 5FIord
and Hines was that they sold LIQUOR and
maintained a nuisance at Toe East
Sixth street. Eleven counts were pre-
ferred in the complaint, all occurring
before November 18
Dr.. w c. Hamilton was first called.
I He testified that he had been in the
! place number of times, and had gone
I behind the prescription counter with
Fred Hodgins. The latter was show
/ ing how nicely things were fixed up.
Il never bought any liquor of any kind
there, was the reply TO a question on
! that point.
NJ. c. Plank. a contractor, spent more
time on the stand than any other wit
mes.
Were you ever in the placer" asked
/ Carver.
yes" was the reply ct was called
there once to see about putting q lock
on a medicine case. sent one of my
men there to do the job and then
went back to collect"
After insistent questioning Mr.
Plank admitted that he had been there
also at other times and had bought
! hop tea and soda water in the front
part of the store, but couldn't remem-
/ Der who made the sale to him.
Were you ever in the back room ?"
/ he was asked.
Yes" was the answer.
Did you see a bar there?'
mot what I would call bar he
replied. Nothing like what I saw in
/ Denver or Kansas City"
/ Did you ever buy whisky there2'
Il don't know what whisky is
After a long time, Carver managed
to get the witness to admit that he
| might have bought whisky. But Mr.
! Plank remained Stea dfaSt that he didn' +
/ know what corn Juice is made of 'sT
may have bought something there that
| was called whisky" was the nearest h e
came to giving up.
| What did you pay for it?"
'sTen to fifteen cents
'Who sold it to you2''
"A bald-headed man, quite tail and
slender
The spectators and attorneys began
| to smile. The description fits Judge Ha-
zen. and some of the people around the
| attorneys table began to joke him a bout
it. But the court frowned down the
J merriment.
"I don't remember who waited on me
any other time" said Plank. Z don
know what the stuff was that I
bought" Gradually the witness got
back to the don't remember" stage,
| and he was excused.
William T. Craig, an expressman, said
/ he went through three doors and found
a table there something like they have
4 called for whisky and got it, he
sa3a
do you know what whisky is?"
Never made any" he replied.
What did you pay for it?''
ssF7ifteen cents
Did you pour it from the glass into
the bottle?"
mo from the bottle into the glass;
The laugh was on Judge Carver.
who sold it to yOu?"
Il don't know the man.
Did you ever get beer there?''
Yes, at this same time
who sold it to ycu?"
7 don't know. I was only in the
place once. A man named Jackson was
with me"
h z. Jackson was called. He duplica-
ted Craig's story. Nichols wanted to
know if he was employed by the state,
or was a friend of George Washington
Dusenberry, who is in Garver's employ
Not If I know it." replied Jack
son.
HARRY. F. Eels, proprietor of the Eels
hotel was next put on the stand He
said that he had frequently been IN
the place and knew all the defendants.
What did you go there 1or2' asked
ITO get bills busted replied Eels.
tDid you ever buy any LIQUOR
Never use st.
He was excused.
~ s. Fisher a Clrayman. was called
next He said he was in the place a
year ago. had bought something, but
didn't remember whether 1t was beer
or whisky or from whom he had
bought it, He didn't even know If it
had been paid for
F. A. Beckstron. a paper hanger
was called. He stated that he went into
the place last summer to make bid
To 80 him to look in vour faces and tell
! What follies ana fluukies he found while