The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-05
HlTSAT THECLUBS
Trial in District Court That
Decides Their Fate.
Stewards of the Mohawk Club
on Trial.
THEY SOLD TICKETS.
Members Bought Six for Twenty
five Cents.
Each Was Good for a Glass of
Beer.

On the verdict in the case which is on
trial today in the district court, and the
trial of which viii not be concluded
likely until tomorrow, the question will
probably hinge as to whether or not
Topeka viii remain as dry as it has
been of late because of the activity of
]. ]. Schenck. the county attorney. and
J. Nj. Wilkerson, the sheriff.
This is the case against Thomas
Mooney and Samuel Van Horn who are
charged with selling liquor in violation
of the prohibitory law and maintaining
nuisance at what was known as THE
Mohawk club" at No. 100 and Ill East
Third street. This club" has been run
ming and liquor has been served and sold
there for the last ten or eleven years
until Mr.. Schenck raided 1t and arrested
Mooney and Van Horn on March 2.
Mr.. Schenck has worked up an elab-
crate case for the prosecution and has
twenty-four witnesses, many of whom
will testify as to the purchasing of
liquor in this place. 1t is the contention
of the defense that the place was
bona fide club where no one but regular
members were served with liquors and
that if any prosecution was made
against its officers or members it should
be made under the special provisions of
the prohibitory law relative to its viola
ton by clubs and their members and
by Mr.. Schenck.
If the jury fails to convict the defend
ants in this case it will probably mean
that what are known as drinking
clubs" will start up all over the town. |
and although they may be raided time
and time again by the county officers |
1t will be well night impossible to con- /
vict any one connected with them be- |
cause the evidence the county attorney |
has prepared for this case is as strong |
is any that could be worked up against |
any of them, and If a conviction cannot |
be secured on such evidence this time it |
would be an almost hopeless task to try |
and secure a conviction in any other
similar case.
This case against Mooney and Van
Horn came up for trial yesterday after
noon but jury was not secured until
this morning because the panel was ex-
hausted without satisfactory results
yesterday afternoon and a special venire II
of twelve men had to be drawn for the
completion of the jury. This was done
in about an hours time this morning.
On the jury are George Middaugh, N.
w. Lucas. George Bowman, c. L. Short
Charles Nyman, George Anderson, Sr.,
o. p. Leonard, Fri Hansford, William
Andrew Ferguson, J. W. Phil
lips and J. A. Miller.
On Five Counts.
The information against Mooney and
van Horn contains five counts, each OF
which charges them with selling liquor
In defiance of the law and sixth count
which charges them with having main
tanned a nuisance.
In his opening remarks to the Jury
Mr.. Schenck, for the prosecution, said Il
that he would cevlOp the fact that
Tom Mooney was in reality the Mo
hawk club; that strips of six tickets
we're sold Cor 25 cents which were ex-
for beer IT whisky; that
there was a bar ard allthe apputenances
Of a place where liquor is sold in the
alleged club; that both the defendants
tended bar and sold liquor in the place -
ind that people resorted there to drink :
vas violated in the sale of these IL g
Iuors by Mooney and Van Horn. who :
we're the keepers of the place. 2
At the conclusion of the opening bv ;
he county attorney Judge Hazen, who =
s associated with Otis Hungate in the =
defense of Mooney and Van Horn, /
moved that the defendants be discharg- =
d on the GROUNDS that the information /
against them was not in line with the :
argument of the county attorney in his ?
,per ing address. Judge Hazen contend y
that the county attorney had re- Q
erred to the place as club and that
therefore, any prosecution against 1t or | =,
IS officers or members should be made r
lnder the provisions Of the prohibitory !
aw relative to clubs. He insisted that | I
nder the cIrcun stances a common 1
iui5ance charge could not be maintain | r
d sgainit the place. 7
Replying. Mr.. Scho mex declared that 7
he defendants were the club and that T
loS a single alleged member of it ever q
erived a dimes profit from the sale of I
IQucr in the place and that all the pro-
It's went to Mooney and the men he
Employed. Mr.. Schenck argued that in |