The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-08-09
One Armed Veteran of Spanish
War HHp.iliated.
Capt. Guy Martin Arrested on
Trivial Charge.
GOOD SERVICE HERE.
Commanded Militia at the Avia-
tion Meet.
Charged With Giying Liquor to
Chilled Minor Soldier.


Because whisky was distributed to
the militiamen who did guard duty at
the aviation meet in Topeka in June
when the soldier boys, drenched with
the cold rain, worked night and day
trying to save the temporary bridge and
in supplying labor which the managers
of the field had been unable to hire
from other sources, Captain Guy r.
Martin, one-armed veteran of the
Spanish war and commandant of Com
pany A, First Kansas militia, was
brought down from Clay Center this
morning to answer a charge of giving
liquor to d minor. Berry B. Holland, a
19-year- old guardsnlan of Manhattan.
Captain Martins offense lies in that
he did not prohibit drinkir~ of whisky
which is said to have been sent to the
camp at the order of j. c. Mars or
some OF the other Curtiss aeroplanists
as a present to the boys who had
cheerfully done extra duty in the rain
They had been promised treat of beer,
but because no beer could be found in
Topeka at the time whisky was sent to
the fell.
Today's prosecution was commenced
by County Attorney John ]. Schenck
at the direction of Assistant Attorney
General John Marshall. To the ears
of the attorney general had been
brought the story of the use of whisky
in the national guardsmen's camp and
an inquisition conducted at Manhattan
by Marshall drew the testimony from
young Holland. Because the alleged
offense was committed in Shawnee
county the prosecution was delegated
to Schenck. Technically, Captain Mar
tin is charged with giving liquor to
minor without a physicians prescrip-
ton. The penalty is that usually at
tached to all other violations of the pro-
hibitory law.
Captain Martin arrived in Topeka
this morning to answer the summons
of the county attorney. He will return
home tonight. AS soon as it WAS learn
ed bond was wanted one of the Clay
Center banks wired it's willingness to
furnish bond in any amount.
tOf course l am exc sexiingly sorry of
this turn of affairs, said Captain Mar
tin to a representative of the State
Journal. That it might cast a refiec-
tion upon the service would be my
greatest regret. Technically an offense
may have been committed but / certain
ly do not consider myself guilty. That
/ got the whisky for the boys is alb
solutely untrue. If did wrong it was
in not preventing them from drinking
it, Just where it came from never
knew. The whisky as much a
present to me as to any other individ-
tai on the ground and was sent as an
act of courtesy IN recognition of the
way the boys had worked to help out
the aviation meet wllici. was threatened
with total failure on account of the
stormy weather that continued through
cut the aviation meet There was no
drunkenness nor disorder on the field"
Friends Resent Prosecution
While here with his command Cap
tain Martin made many friends, par
ticularly among the business men of
the city for the aviation meet was
given as the principal amusement fea-
ture of the Merchants Week enter
tainment The State fair association
managers helped finance the big at
traction and compliments for the eff
cient handling of the state guardsmen,
who came from Clay Center and Man
haitian, were sincere and numerous. At
the close of the week, when the mill
tia had withdrawn, President ]. w.
Going of the State Fair association,
went so far as to address a personal
letter to Captain Martin of Company
A, and to Captain George Frank of
Company I, congratulatlng them upon
the excellent conduct of their men
during their stay here.
That any of the several men who
had come with J. c. Mars and Charles
F. Willard, the two aeroplanlsts, had
treated the soldier boys to drinks had
been unknown at the time as it occa
stoned no comment then, and the first
intimation that trouble had been made
for Captain Martin about it, was re-
ceived this morning by the fair asso-
citation managers. They expressed
much annoyance.
Captain Martins management of
his soldiers was exceptional" said Mr..
j. w Going this morning. 81 am
astonished that such a charge as this
should be placed against him for the
encampment here was so orderly, the
soldiers so gentlemanly and we'll be-
haved, that it attracted much comment
at the time. I was unaware that any
whisky had been introduced into the
camp and I should be the last to be-
lieve that the captain has committed
ANYTHING worse than a possible indis-
cretion He is man with an excellent
record as soldier and his conduct in
Topeka impressed me as that of an
officer of the best quallhcations Tor
command. This seems to me most re-
grettable.''
Attorneys VIII Fight.
That Hazen & Cav. attorneys whom
CAPTAIN Martin has retained, will fight
the case was indicated this morning.
1t is held by them that the circum-
stances which they have already in
vestigated, of the liquor drinking in
camp. show that the whisky, if there
was any was brought over from town
either by the boys themselves or by
irresponsible parties That much
whisky was disposed of in Topeka dur
ing the week the retail merchants of
the state were entertain here in June,
has been asserted without contradic-
ton. But. that there was no disorder
Iy conduct in the camp of the soldiers,
which was on the grounds where the
the thousands of people who congre-
gated there on the days of the different
events.