The Topeka state journal., 1909-02-24
WHITE is ON TRIAL.
Lower Kansas Avenue Druggist Be
fore Police Court.

The last of the liquor cases to be
tried in the overwhelming campaign
| of the last few weeks is that of the
druggists H. E. White and J. w. Tas-
sci of the White drug store at 222
Kansas avenue.
The city prison is now filled to its
capacity with the convictions of yes
terday and there are no more choice
front rooms remaining.
Any more to arrive will have to
bring their own cots and set them up
in the 'pen.'
Numerous difficulties were met in
the beginning of the case and the
procedure dragged on until noon with
out getting the opinion of the court
on the first case. Again as yesterday
City Attorney Dreaming assisted
Prosecuting Attorney Wilson while
Chas. A Magaw was the counsel for
the defense. In the first place there
was a failure to consolidate the two
cases as the district court has held
that a pooling of the evidence to con-
vict number of defendants is illegal
Though the evidence in all cases
could seemingly have served for both
parties from the fact that the sales
were made one and then the other,
in the store, still H. E. White was
placed on trial alone. Then the mat
ter of the registration and permits of
the defendant arose. Counsel for the
defendant said he would admit that
if Probate Judge Schoch should come
and testify he would show that H. E.
White had a permit but this was not
admitting that he had one so the
probate judge was called after Fred
A. Snow had been on the stand and
showed the registration of both II. E.
White and J. w. Tassel. From the
big record, the probate judge read the
permit regulations and indentures from
which the permit is made and de-
livered when the bond prescribed has
been approved and filed. But for
some reason the permit had been is
sued and the bond was found not to
have been approved. Then Probate
Judge Pro tenn. Hayden, who had
done the actual, work on the day of
entrance was called and testified that
the piece of work had been irregular,
which was quite apparent.
All the witnesses in the case seem to
be old cronies of a new man on the
police force, L. G. Gilbert, who sug-
gested that when they go to the vari-
memorandum of the drink, the price,
the date.
The drug store when raided the 18th
of the month proved on inspection to
be little more than joint as there
was every evidence of drinking, no evil
dence of prescription work, several
loads of liquor, and the testimony did
corroborate the supposition. The star
witnesses were l.. G. Gilbert, James
Morris, George Farren, VIM. Eaton, and
Todd Pagan. The testimony generally
proved straightforward though the
memoranda served the worst handicap
on memory which the counsel for the
defendant had. Mr.. Eaton, no rela-
ton of the chief, by the way, the game
warden and custodian of the royal
geraniums in the Cages park testih-
ed that he came to town every day to
see what kind of fish were shipped in
and made a memorandum of his drinks
so as to know how he spent the money
but had begun that only since an in
ierview with Gilbert. Another, Mr.. Nor
ris, upon cross examination retorted
that he had kept his careful memoran-
dunn SO that in later years he could
look back and see his mistakes, also
he admitted that he would not in any
wav object if he was paid for his ser
vices though he could hardly expect