The Topeka state journal., 1908-02-17
YOUNG CASE ON.
Trial of Well Known Druggist Begins
in District Court.

/ Inc nrSt case or the city appear
| docket opened in district court today.
The docket contains 2S cases. several
| OF which will be disposed of without
| trial, but the first case, "City against
Clarence Young is not subject to
compromise and must go to trial.
This is the appealed case of Clarence
| Young, druggist of sol Kansas ave-
nue., who was arrested on November
Is, and subsequently found guilty in
police court on four counts, three
| illegal liquor sales and a nuisance
| count. The decision of the police
court was appealed. and accorded the
| honor of first place on the January
| term criminal docket.
The defense is being conducted by
Attorney Tillotson, and the prosecu-
! ton by City Attorney Dreaming, as
sisted by his deputies, Ralston and
Wilson.
Tillotson opened proceedings today
| by motion to quash the complaint,
| on the grounds that Chief of Police
Eaton, who swore to the complaint
| against Young, did not have anything
but hearsay in mind when he filed the
| complaint. To this end he was al
| lowed to put Eaton On the stand, af-
| ter the jurors had been removed from
! the court room, to prove to the court
| that the chief of police had no per-
sonal knowledge of any violations of
the law. Eaton testified that he had
|
sale, and Tillotson dropped the
| examination, amending MS motion to
quash everything except the one
count which Eaton claimed in his
| personal knowledge. The court over
| ruled this motion, and the jury will
be required to try Young on all four
counts.
In making up the jury. City Attor-
ney Dreaming suggested to the court
that J. w. F. Hughes. city council
man, would not be qualified. This
saved the defense the trouble Of chal-
longing Hughes, who was excused.
w. N. Tncher member of the reg
ular jury panel. was excused upon his
own suggestion.
He said that he ran a book bindery
on West Fifth street, a short distance
from the police court, and that having
no idea of being a juror in this case,
he had dropped into police court and
heard part of the evidence on the day
that Young was there tried and con-
victed.
In peremptory challenges, the city
waived all its rights, and the defense
man and A. Y. Bobb, a substitute
called to fill the vacancy when the
first challenge was made. The place
left by Bobb was filed by c. S. Pence,
one of the veniremen drawn last
week, and the defense sought to
was brother-in-law to County Attor-
ney Schenck. The court hastily over
ruled the removal of the juror on any
such flimsy pretext, and after con-
sultation with his client. the attorney
for the defense waived his last cha1-
lenge and left Mr. Pence on the jury.
The evidence in the case is along
the same lines employed in police
court Chief Eaton's evidence Is that
one evening prior to the arrest of
Young, he went into the drug store to
have a prescription filled, and while
there saw Young sell whisky to
negro named Thompson. To refute
his testimony, the defense Will show.
by the testimony OF Mrs. Young, that
the negro signed the affidavit and
swore to it.
B. D. Crane, student at Washburn
college, testified that he was en-
ployed by the State Temperance
union, and went to the drug store for
the purpose of securing evidence
by another "spotter'' named Jones.
who bought liquor and signed the
application blank, but did not raise
his hand and swear. He admits
however, that the clerk who made the
sale said to Jones, "Do you swear this
is your right name?" and Jones
answered, 81 will"
The case will go to the jury some
time this afternoon.
The jury in the case Is composed
as follows: G. F. Kimball, ]. A. Coul-
ter, A. J. Holcomb, J. H. Simms, Van
Smith, Fred Dauber, Jr., S. r. Kutz,
Louis Gest, John Mckinney, A. G.
Lewis, VIM. voight, c. s. Pence,