The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-25
SCARES Them OUT
Shoaf Verdict Frightens the
Liquor Sellers.
Signal Victory for County At
torney Schenek.
WAS SECOND TRIAL.
On First the Jury Could Not
Agree.
Defendants All Face Long
Terms in Jail.

H. w. Brobst, r. e. Rinearson, Ar
thur Kientz, William Henderson, E.
Rulings, F. G. Kelly; Edward Miller.
s. W. Lyman, Rich H. Eddy, William
c. B. Heron, L. B. Strickrott and
Frank Whitaker--this is the person.
mel of the jury that brought in the
verdict OF guilty in the district court
yesterday afternoon against Elmer e.
Shoaf, E. r. Barber and William JEFF
freys for violating the prohibitory law
in the conduct of the Canadian club
at No. 631 Kansas avenue during the
first of the year.
And the verdict brought in by this
jury will be the most potent factor
possible against the Illegal sale of
liquor in Topeka and Shawnee county.
1t was the biggest victory that has vet
been won by. ]. J. Schenck, the county
attorney, and j. NJ. Wilkerson, the
sheriff. since they started their cru
SADIE against the jointists and keepers
of drinking clubs when they took of
flee the first of the year.
On the first trial of the case against
Shoaf, Barber and Jeffries, which oc-
Cured in April the jury disagreed. 1t
could never be figured out just why
this jury disagreed for the case pre-
scented to them was as strong as pos
sible and perhaps somewhat stronger
than the one presented yesterday. But
then there was different caliber of
men on the jury that tried the case
yesterday than there was on the other
one.
AS the case was presented to them
Mr.. Schenck, the county attorney,
asked for the conviction of Shoaf on
nine counts, eight for sales made by
his bartenders and one for maintain
ing nuisance. He asked for the
conviction of Barber on four counts
for sales of liquor and one for helping
to maintain nuisance and he asked
for a conviction of. Jeffries on five
counts for sales of liquor and one for
helping to maintain az nuisance He
asked for the convictions on these
counts because he insisted that the
evidence showed the defendants guilty
of the charges in the counts.
And the Jury, for the first time in a
liquor case in Shawnee county
brought in a verdict of guilty on all
the counts which a county attorney had
asked for conviction on.
When the verdict was announced
there was something more than con-
sternation among the other jointists in
the court room who were on hand to
stand trial on charges against them of
violating the prohibitory law. This YER
dict gave them anssideaL of what they
could expect from the jury working in
the court w. for this September term.
Their lawyers were equally consterna-
ted. They saw nothing but. convictions
on as many. counts as the county att
torney had evidence to press against
their clients. Hurried conferences were
held between attorneys andI clients.
Clients We're more than anxious to
plead guilty on the best possible terms
that could be fixed up with the. coun-
ty attorney, and which would be agree
able to the court. Mr.. Schenck was
lenient and pleas of guilty to one count
each were accepted and received from
Maud Lawson, Ben Jordan. George
Ogelsby and Archie Bailey. The mini |
mum punishment that they can receive
on these pleas is one month in Jail and
800 fine each.
1t is likely that the attorneys for
Shoaf Barber and Jeffries will appeal
to the supreme court from lemons of |
assorted sizes that were handed out by |
the jury yesterday and that their CHI |
ants will have their freedom until the |
case is finally adjudieated by the su-
preme court which may not be for a |
year There is little doubt but that the |
supreme court will affirm the judgment |
Of conviction and that the convicted !
men will have to do their bit in jail |
Their sentences will not be light ones. |
The minimum that Shoaf can get is |
nine months in Jail and a fine of 5000. |
Jeffries is in for it at least six months |
N Jail and a fine of $500, while the
minimum sentence that can be imposed |
IN Barber is f1ye months in jail and |
a fine of $500.
Mr. Schenck, the county attorney J.
W. Wilkerson, the sheriff, and the other
county officials charged with the en-
iorcement of law and order in the
county are naturally much elated over
he work of the jury yesterday. They