The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
COOLEY NEED NOT PAY.
Relieved From Paying Danciger for
Liquor Purchased.

When Judge Dana this afternoon
sustained a dernurr to evidence in the
Danciger-Cooley liquor case, the Tor
mer Topeka baseball magrlate escaped
tho payment of the greater part OF the
$344.65 liquor claims of the Kansas City
firm There as now less than $50 OF
the amount left for the jury to agree
on. ~
In lengthy argument before judge
Dana, Otis Hungate, attorney Tor Coot-
ey, contended that the sales had been
made in violation of the prohlb1tory
law and that Cooley could not be held
for payment. A sensation was sprung
in the trial of the case, when Hungate
argued that his client had been Jointly
guilty with the Daneiger company WITH
violations of the Kansas prohloitory
law. He denied the right OF the court
to grant a judgment on the GROUNDS
that the money was never PAID Dan
ciger's and that the money involved
constituted an illegal act and the court
by granting a judgment would OF ne
cessity rule against public policy.
This trouble happened after the pam
tiff had made his case. shortly peIore
noon the jury was excused TO allow the
attorneys an opportunity to argue
Hungate's demurr. For an hour SUI
preme court decisions and argument
fairly flowed from the defense. 1t seem
ed that Hungate had dragged into court
supreme court decisions from every
state to show that the transaction was
illegal.
1t was the big $3.50 claim that he at
tackled. Under the evidence of the prose
cution it appeared that orders TO the
Danciger people for liquor were sent TO
the Kansas City office. From tnere ~
was billed to Topeka, consigned 10
Dancieer Brothers with bill of lading at
tached. Local banks refused TO hanoie
the collections, fearing co-partnersh1lp
in violations of the state liquor laws. go 20
Cooley was appointed as an agent. DrdItS
and bills of lading were sent TO tne o1se
ball patriot. 1t was his duty TO coHecl
for the liquor, assign the bills OF laolns
and allow the purchaser 10 secure INC
goods. 1t was this act that caused u i
bic. The defense contended that SINCE
the goods were sent to Topeka billed 70
Danciger Brothers, that they were sun
the property of the liquor house Conse-
quently when they permltteo an as Vi a.
Topeka to release these shipments, a VIC
lation of the protibitory law occurred IT
raised a very pretty legal point Not ror
an hour did Hungate close the gates u
his flood of legal authorities.
Then the court took recess AT eie o. :
ternoon session Charles Spencer, Tor the
prosecution, dragged rev statu .e ,a &c
the court room. His citations were Tess
limited But he made up the oeAiOieAAN'
with a barrel of argument
TO be sure Hungate's argument WAS aIS
sufficient to convict DICK Cooley VI al
manner of violations of the Kansas pr
bibtorv law But Cooley now has a pase-
han farm several hundred miles from 10
neka- Before he returns to Kansas the
Statute of limitations may expire
When Cooley transferred his Iopeha
1o,aboI1 lease. the plaintiffs succeeded In
t@Tin@ nm enough of Cooley's currency 70
cover their alleged claim. IhaL IIt s ne y
is now in the hands OF the cleTk ol I IIe
court. Cooley wants the money PACK. he
bos succeeded the greater part OF the way
mas II,neste will trust the jury for the
balance.