The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-10
ROSSER IS FREE.
Druggist Acquitted of Charge
of Selling Liquor.
Evidence Evidently of Flimsy
Character.
WHITE HORSE FINDS
They Told of Buying Supplies in
Times Past.
Star Witness Admitted He Was
Half Crazy.
'WHITE HORSE FIND

a u HOSSeT, the Druggist Irleu last
evening in police court charged with
maintaining a nuisance was discharged
after the citys testimony and that of
Rosser and his clerk. r. E. Walker, had
been taken. Testimony of a score of
prominent citizens subpoenaed by Mr..
Rosser to tell of his general good repu-
tation was not taken the prosecution
admitting the fact.
The new law had nothing to do with
the case as it was a city case and the
city has made no new ordinance to
comply with the law. The complaint
was made on an old ordinance sheet
with the clause pertaining to the per
nit from the probate Judge stricken
out for that would clearly be illegal
under the new law. Just how the
MANNED old ordinance could be used
in the case has not been satisfactorily
explained to the reporter. lawyers diff
fering in their statements. In the Rus
sian wedding case today the defense Will
argue that the ordinance is obsolete.
A specific sale of 27z pint bottles of
whisky on the night of Frida" 4th
of June, to James Stumbaugh was
alleged by City Attorney Ralston
Stumbaugh; member of the old
"whitehorse gang" was the star wit
ness. He testified that he had bought
the two bottles Friday night and paid
er 10 cents of the regular price. De
tective Hutton, who was watching the
old man of so years saw him come out
of the store with the bottles in his
pocket and stopped him. Stumbaugh
denied having any liquor but the de-
tective rammed his hand into a pocket
and took out two bottles. Caught with
the goods, he went to the station with
Hutton and there told the chief about
the purchase and that of five gallon
i'm n which
his name.
A. B. and E. s. Quinton. attorneys for
the defense, on their examination of
the witness drew from him that he was
about crazy that day having drank a
whole jug of SKY the day before.
What did you go into that store
for?" they asked.
II went in to dodge Hutton who was
watching me-"
did you ask for a drink of water of
the clerk there?'
"I did,
"Then you mean to tell US that they
sold you that whisky there on the
desk in face of the fact that you asked
for a drink of water?"
Eyes, I guess that's right
did you ever buy five gallons of
whisky there at one time ?''
mo, I certainly did not.
Didn't you read this affidavit over
before you signed it. It relates to your
buying a five gallon jug. Did you say
that?''
''If I did I must have been craizer
than I ever was"
"What condition were you in when
you were in the store?''
Half crazy
''How are you now?'
NERVOUS and almost SICK
He seemed to be half intoxicated
and testified that he had bought liquor
at the place often and had often been
refused but had always signed up for
| l.. I, <-&s11
sisted that he had bought the two bot
ties of whisky Friday evening.
William Barrett, serving a fine for
stealing a wheel was brought out to
testify to having bought liquor at the
Rosser drug store many times, some-
times signing the affidavits for indi
gestion, stomach trouble. rheumatism,
chills, etc, and often not signing. One
time which he remembered for certain
when he did not sign and that was
when he had gone out in the alley and
found his own bottle. thereby saving
six cents from the purchase price.
Bush Carper, trusty at the prison,
and other prisoners and members of
the white horse brigade told of
buying liquor illegally under the old
permit law but the judge ruled that
this old testimony about violations of
the druggists permits was irrelevant,
that they were trying a special case of
nuisance at this time. Rosser himself
was placed on the stand by his attor-
neys.
Rosser and his clerk on the standd
testified that they had no liquor in the
place and the clerk said he did not sell
the whisky to Stumbaugh Further
more the officers found no liquor in the
store upon a search two hours after the
arrest. John Marshall, assistant attor-
ney general, assisting the prosecution
examined Rosser and learned that he
had carried all his liquor stock home in
a small basket the night of the 18th Of
May. the night the new law went into
effect.
Weighing the testimony of Rosser
and his clerk against that of Stun
baugh and others of his kind, the judge