The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-14
GIVEN RAW DEAL.
If Rock Island POrter's Story Is
True.
Fined 500 and 80 Days in Jail
for Selling Whisky.
WAS HE TRICKED 4?
He Says ZumWalt Pretended to
Be Very Ill.
Sold Him Whisky as Kindness =
An Appeal to Governor.

Il let him have it because 1 thought
ne was sick and needed it," said Zeb
Island Golden state Limited, who sold
Spotter Zumwalt a drink and is now
confined in the Shawnee county jail.
He came in the car just outside of
Topeka and wanted some whisky. L
told him to wait until he reached Kan
sas City and he could get enough of
it but he insisted. He had a very bad
stomachache he said and had to get
off at Topeka where he could get moth
ing. Finally [ let him have two of
the small bottles and he left saying he
was going to make some medicine.
When the train stopped, officers came
on board and 1 was arrested
Kitrelbaum's story would cast ref1ec-
in getting evidence. Paul Walker, of
the Rock Islands legal force advised
Kitrelbaum under the circumstances to
plead guilty. The porter did so Satur-
day morning anod is serving 80 days
with 500 fine to pay.
Il had orders from the company to
sell no Intoxicating liquors in Kansas
and l never had. My home is in Chi
cago and 1 didn't know much about
Kansas but had my orders. I don't
suppose 1 can get my job again but I
certainly would like to run through this
state again. If a carload of men were
dying for want of whisky, would never
sell it to them" continued Kitrelbaum.
The count on which the porter was
arrested was nuisance charge brought
when Zumwalt telephoned from Hutch
irson to Schenck, county attorney, to
get out a warrant and have it at the
train. That count was dismissed and
a plea taken on the sale to the spot
ter.
Zumwalt according to the porter and
to his own story also. suspected the
buffet car as a drinking place by the
Joll1ty OF a couple of passengers who
made frequent trips fore. The spot
ter went in shortly after he boarded at
Liberal but could get nothing.
I'VE were just running into Pratt,
when he came in and wanted some
beer. I told him 1 did not sell beer
in Kansas SO he took ginger ale. At
Pratt sent message for him. did
not see him again until he feigned sick
ness near Topeka, and wanted whisky.
He certainly took me in.
Those men he thought were buy
ing drinks were using their own
liquors. They brought il on the train.
I let them use glasses and sold them
appolinaris water and ginger ale 1
suppose they were making high balls,
but they got no liquors from me. My
reports to the company show just that
sale to Zumwalt since my orders were
given me.
Here are the cards of those men
who were drinking. They told me
they would prove I had not sold any
thing on the train, but that count was
dismissed. 1 was tricked into another
charge" said Kitrelbaum
He threw out the cards of William
K. Bells of Indianapolis and A. Strom-
berg, Chicago The former had come
from Los Angeles and the latter board
families, said the porter, and although
happy, they were not drinking as Yum
walt had reported. 1T would have
stopped them in a minute if anyone
| complained of them" said Kitrelbaum,
| but when 1 asked people if they were
bothered, they replied no.
| Other cards were those of Charles F.
| Forbes, Los Angeles; Thomas E. CAL
| loway, Centralia, Mo, and of Warran
Juanbzabal, Mexican congressman at
| Guadalajara. Kitrelbaum was of the
opinion that several of the men were
interested in mining and were just re-
turning to their homes.
| The sym pathetic porter is taking his
! penalty for a soft heart with compo-
sure. He is a smooth appearing man
and we'll dressed. He says he has to
keep his mother at home and a sister
! in school. He does not ask for SYM
pathy himself and only regrets that he
was 50 easy" He feels that after
keeping clean slate for so long, he
got tricked into breaking the state law
and the company's orders. The good
Samaritan role is not good for a por-
ter, he thinks.
Will Appeal to Governor.
Topeka people who are interested in
!. the porter's case and think he has
been imposed on by unfair and tricky
methods. will appeal his case to Gov
I ernor Stubs and ask for a pardon.
When asked about the matter today,
the governor said he had heard only
! one side of the case. He wanted to
hear Zumwalt's side before he made
up his mind. He intimated, however,
that if the porter's story of the affair
was true he had been badly treated in
the matter.