The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-17
He SHUT THEM Up
Witnesses in District Court
Spend Night at Jail.
Judge Dana Committed Them
Until Sober.
STOPPED A TRIAL.
Could Not 60 on Because OF
Witnesses Condition.
Trial, a Chicken Case, Resumed
This Morning.

Your honor" said County Attorney
Otis Hungate on Wednesday afternoon
at the trial in the district court of
Charles William Waters. charged with
stealing seven chickens last January
from John Kaeberlein, the complaining
witness and one of the state witnesses
are too drunk to testify and cannot
continue this case now without injury
to my side. I ask the court please to
give both of these persons over into the
custody of the sheriff and have them
locked up in the jail tonight for the
purpose Of having them in shape to
continue this case tomorrow morning"
Judge Dana at once acceded to Mr..
Hungate's request. Sheriff Lucas took
in charge John Kaeberlein, the COM
plainant, and Nellie Mcfarland, one
of the states witnesses, and put them
into the county jail, where they remain
ed during last night and sobered up
so as to be able to continue the trial
this morning at 8 O'Clock, when it was
resumed.
Kaeberlein and the Mcfarland woman
both were under the influence of liquor
when they appeared at the trial on
Wednesday afternoon. Their steering
rudders were badly out of
gear, and neither one was
III COlUll4O4 TO 20 On the W1luGSS
1t efectually broke up the trial and
caused a suspension of hostilities until
this morning. They appeared today
minus the liquor and were able to tell
their Stories
'Kaeberlein told me yesterday after
noon," said Mr.. Hungate today, that
the defendant got him drunk. He said
that John Hoffman, a brother-in-law of
Waters, started him night before last.
This morning he denied having said it.
Oh. it's lovely mess
The case is about the limit. Kaeber-
Iein lives at $40 North Monroe street
He complains that on January 6 of
this year, Charles William Waters,
who lives near First and Madison
street. stole seven chickens from his
place. Several more persons were inn
plicated, but all got of at the prelimi-
nary hearing but Waters.
The Mcfarland woman lives just a
little distance from Waters and his
wife. She says that on the night of
January 6, Waters came to her house
and at the point of a gun compelled
her to buy two chickens. She also
says that he stole something out of her
trunk at the same time.
The Waters, on the contrary, testi-
fed that Nellie Mcfarland does not
have a good reputation and that she is
almost all of the time under the in
fiuence of liquor. The court ruled out
this testimony from consideration by
the jury.
Waters took the stand and said that
the chickens belonged to himself, and
that he and his wife got them out of
their own chicken house that night.
He says that the Mcfarland woman
bought his chickens voluntarily as did
a number of people at the same time.
Mrs. Waters got on the stand and cor
roborated her husbands story
Waters hasn't a very good record.
He admitted on the stand that he
served a term in the Missouri peniten-
tiary Of 81 months for receiving stolen
property. He says he has been ar
rested three times in Topeka.
The case seems to be made up in the
main of a lot Of damaging circum-
stantial evidence. A great deal of time
is being taken up with useless evil
dence. All the witnesses want to do a
lot of talking. and the court and the
attorneys were kept very busy chop
ping them off.
Both sides rested at noon, and the
arguments were made this afternoon.
The case was given to the jury at 8
o'clock.