The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-03
Rules That He Must Answer
the Questions.
REFUSES AS He DID BEFORE
Then Ordered Committed Until
He Changes His Mind.
Released at Once on Writ of
Habeas Corpus.


man, was sent to jail this afternoon by
Justice of the Peace H. w. McAfee fol
contempt Of court in refusing to answer
questions regarding violations of the
prohibitory law. That is, House was
started on his way to Jail by a deputy
constable, but was intercepted on the
way by a writ of habeas corpus issued
by Judge Dana and released on bond.
The hearing was fixed for next Wed
nesday.
When Attorney General Dawson, act
ing under the governors Instructions,
to find mot unfriendly'' justice, Sc
lected H. w. McAfee, he picked wisely
and we'll McAfee was not what one
would call unfriendly to the prohibitory
law He acted with decision and dis
patch Charles Blood Smith read law
and citations from many courts to the
Justice Smith pleaded for fine under
the statutes or a fine and ten day jail
sentence Smith alleged that this JUS
tlcs had no jurisdiction to arraign
House regarding an offense not COM
mitted in Shawnee county But Nc
Afee held that he did have Jurisdiction
that there was no appeal coming to
House, or bond or stay of commit
ment, and that the witness who would
not answer questions should go to Jail
and stay there until he did answer. It
was HE sentence without bond or ap-
peal so far as AIcAfee was concerned.
Inc feature of the inquisition was
easily the part played by General J.
W r Hughes General Hughes went
out 10 the inquisition to act as bonds
man Tor House in case the justice al
IoWed MIN an appeal and a bond In
other words, the general went there to
Try 10 Keep House out of iaiI But he
was sworn in as a deputy consta BILE
with orders to take House to iaiI
Frobably not in the court records OF
the world thrOE-% all the ages in civil
lied or uncivilized countries has a mar,
who came to court to give bond for q
oerendant at the bar bee forced to act
as an officer and arrest and take To
jan the man he came t. save from i'm |
pr1Sonment.
Inc stage and settings of the trial |
were hardly in keeping with its state
Wiffe Importance nor the calibre of |
tne !il' attorneys taking part in the de-
T...4;.l- I,eIslIloIs. The case was called in
= ustlce McAtee's sitting room The
justice sat behind a little center table
ana potted flowers and the furnishings
oI FAMILY room formed the settings
The attorney general of the state ~
Kansas was assisted by Judge Kepp-
niger OF Kansas City, one of the gov
e.hor three special attorneys en-
ployed in this case Charles Blood
Smith, the well known TODeIxa a+tor-l
ney, represented Mr.. House Three
steno ographers utilized a little +abIe
upon which they took notes of cues
Iions and argument
Questioned the Jurisdiction
Mr.. Smith objected in the first n1ace
TO the beginning of the PROCEEDINGS on
the ground that Justice McAfee aid
not nave jurisdiction over matters that
TOOK place outside of Shawnee county
The objections were overruIed bv the
Justice. who asserted emphaticallv that
he had all kinds of jurisdiction in this
matter.
Mr.. Smith fled exceptions to the rul-
Ing.
Mr., House was sworn and Attorney
8 Seneral Dawson proceeded to read the
{ lewspaper clipping wherein House
nad written about the small town
where he saw beer sold openly over a
bar Then Dawson asked the follow
Ing question:
Declines to Answer.
I would ask you to state the name
or names of any person or persons who
we're present at the time when Won oh
served beer being sold openly over a
bar in the town to which you had
5isrespect for the court but relvins-
1pon my constitutional rights and privi-
eyes. and believing this court has no
in the matter. resDect
ully decline to answer
Dawson then Went on to ask the fol-
owing nine questions, to all of which
hr. House made the same answer as
lbove:
eferred to by you in that article?
State the name or names Of the per I
on or persons who were selling beer y
lver a bar at the time and place re- I
erred to in that article?
Did you at that time see any money
'aid for the beer so sold as describ- !
d by you in that article? {
What person paid the money for said
eer as described in said article and
Q whom was it paid?
Did you see any money paid to the
ersons or persons who handed out or
old the beer2 n
In your best judgment about how I
1any people were present when the I
eer was being sold over the bar as
escribed by you in that articles
Who, If anybody. invited you into 7
penly over the bar as described in this
rtIcle?
was this the first time that YOU
ere ever in this place where beer was Y
eing sold openly over the bar as de- n
ribbed in your articie2 G
How many different times were Won h
rer present when liquor or beer was f,
sing sold at the place you referred t. h
your article? G.
purse of questions and receiving the
me negative reply TO all OF them. IL
le attorney general then asked Mr. VI
ousa about a letter that House had | RI
ritten Dawson wherein he stated h
at he could show the attorney gen m
al a half dozen or more places W
here beer was being drank in To- a
.ka any night III
smith objected to this question, but
tstice McAfee Overruled his objec-
ms