The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-03
HOUSE IS I'm" JAIL.

to drinking parties held ali over IL
peka in the summer months
Saw a Drinking Party.
Were you present at any of these
parties? ?" asked the attorney general /
Il do not think so,' replied House. |
"Give the location of these parties |
and tell who was present.
81 saw a party one night on Jack
son street between Fifth and sixth
streets. There were four or five gen
tlemen present but I did not know
them They were drinking around a
key on the street.
t'On the street, you say %
well, no, not exactly on the street;
they were on the sidewalk. They
covered UP the keg when / approach
ed. They said they thought 1 might
be an officer. It was about II O'CLOCK
at night. I did not know the parties.
Then Dawson and Judge Kepplfnger
| conferred together a few moments.
I'VE must insist, your honor, sa1o
Mr.. Dawson. that the witness answer
the questions he has been asked about
the law violations he wrote or In the
newspapers. He has refused to an
sWer ten questions
Justice McAfee, the mot unfriend-
ly' justice, leaned back in his chair
and set his jaw like cement about the
| door of a steel safe. HE must ans
wer,'' declared the Justice.
House was appealed to again to
answer. He declined
Then Dawson arose with an order
/ of commitment to Jail for contempt
in his hand. He told the justice that
! he was in the position of having been
three attorneys, Messrs. Trickett.
| Kepplinger and Bishop, to ask for this
order from the justice. Dawson than
read the order, which was lengthy,
but in effect ordered House commit
ted to the Shawnee county Jail to stay
| there in confinement until such time
as he should answer the questions
asked him that day.
He Is Set Free.
Mr.. Smith argued at some length
and cited court decisions ana statutes
| in large numbers against the right OF
| the justice to sign and enforce such an
order. But the moment the lawyers
| ceased to speak Justice McAfee, still
mot unfriendly," leaned forward this
| time in his chair and said: THAT or
der is just about right" The justice
| reached for his pen and signed the
| order with a flourish. There was no
] sheriff or deputy present, so the JUS
! tice swore in General Hughes and Mr.
House was turned over to him and the
pair started on their way to the coun-
| ty Jail at a. few moments after the
noon hour. They stopped at the Com
mercial club for dinner and reached
| the Jail at about the same time the
district judges write of habeaS cor
| pus arrived. House was at once LID
| Grated.
In the argument of counsel over the
commitm ent to jail, many interesting
| matters were discussed and situations
arose. Mr.. Smith took the ground
that the proceedings were summary
and not authorized. That his client
had the right of appeal and to give
bond and he cited half dozen court
decisions on identical cases to fortify
his assertions. He read the law gov
| erning a Justices powers in cases of
contempt. These powers, according to
the law were to impose SO fine or q
| 20 fine and ten days imprisonment in
> - .f<,IIr Lot .fT
his right to an appeal and give bond
for hic lent.
Judge Kepplinger was for jail and
| naught else. He argued for the pre-
cedenoe of criminal over civil statutes
During his argument he used the ex-
| preston, I'VE are not prosecuting TINS
| Witness
Jail for life" INTERCEPTED Mr.. Smith in
his argument Judge Kepplinger as
! sumed that the order had already peeh
granted and signed by the justice.
Smith was on his feet in an instant.
Are we arguing over an order that
has already been made in advances,
he asked warmly. rs opposing counse,
in possession of information that l
know nothing Off"
viii Never Tell.
Mr.. Dawson hastened to reply that
the order had not been issued-ye1.
But it was apparent from Judge kepp-
fingers cock sure position that 1t soon
would be,
It was, and another chapter had been
written in this famous controversy be-
tween the governor and attorney gen
eral over the freedom of a newspaper
man and certain political matters :,
Judge Kepplinger introduced himself
to House after the inquiry and talked
pleasantly with the man he had helped
send to Jail. You won't have to stay
long he said you will tell pretty
soon and then get out
IT will never tell replied House II
, even tones, speaking nelthtr cordlaiiS
nor with rancour.
, The session out to Justice McAfees
} pleasant country home was cordla
{ and friendly affair. About twenty per
sons were present. Attorney Genera
Dawson was accompanied by judge
? Kepp1inger. The governors other two
attorneys, Tricket and Bishop, be1ns
/ absent without excuse Mr. House ant
: his attorney, Mr.. Smith, were there
: Five newspaper men also went alont
: to add to the gafety of the nations
: General Hughes, as already narrated
. was there as professional bondsman
He was the worst habbergasted MAJ
| in the world when he found himseI
sworn in as deputy constable TO tax.
. his prospective bond customer to Jail
: Earl Alxers was theer to represent thu
4 governor, it being too cold weather TO
! Dave Iea1ay. But Dave called up OF
g the phone and received bulletins ever.
The car that carried the attorne,
;. general and Judge Kepplinger to tn
y hearing broke down and the proSeeu
Q tors had to walk the last quarter in
9 thirty mile gale of wind off an ice
y berg.
y Notice K. L. of S.
% All members of the five councils Q
% K L. of s. are requested to be pres