The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-05
IN DISTRICT COURT
Liquor Cases DiSmiSsed-Wit.
neSSes Absent.
Verdict Expected Today in the
Watermelon" Case.

Crippled on account of the absence
of witnesses, necessary for the prose-
cution of numerous liquor cases. Coun-
~ Attorney William F.. Atchison this
morning dismissed number of the
cases. There are more that VIII De
UP for dismissal in the next two days
unless State Temperance Union de-
tectiVeS, who gathered much OF the
evidence on which the cases were
brought, come here for the hearings.
Before dismissing the cases Atchi-
son took the matter up with the state
Temperance Union and a decision was
reached that the cases had better be
dismiss than to be carried forward
on the docket, there being no chance
of reaching them during the present
term of the court unless they are tried
now.
The dismissaIs this morning includ-
ed cases against Louis Charawas,
John Manning, Dan Prayer, William
Clark and Forty Bryant. In the
latter case a jury was impaneled In
the hope that witnesses would be on
hand On their failure to show up
the case was dismissed. The witnesses
are said to be engaged in hearings
in the district court at Wichita In
similar cases and may not be able 10
be here for some time.
A plea of guilty in two counts was
entered this morning by William
Sneed in a liquor case pending against
him. Two cases up for hearing today,
Hecht. were continued until tomorrow
morning when it is hoped witnesses
may be available to continue the pros
ecution.
Charles hecht. in the case in which
he is charged with the robbery of W.
r. KuykendaIl. tried once before in
the district court. was discharged TINS
morning on a decision of Judge Geo:
Whitcomb that threw the case out OF
court Hecht owes his freedom to a
technicalitH.
A motion to discharge Hecht was
made by his attorneys under the plea
that the case. aginst the wishes of the
defense had been continued for three
consecutive terms of the court, the
law providing in such cases that de-
PENDANT may be discharged. Judge
Whitcomb this morning decided that
this had been the case and ordered the
discharge of the prisoner.
The law was intended to compel the
prosecution to go to trial with a case
or lose it. The illness of former
County Attorney Ernest r. Simon last
November and December made it inn
possible to try the case at the last
term. Now it never will be tried.
A sweeping denial of the charges
made against her by her husband is
contained in a reply, filed in her di-
Norce case late yesterday afternO Don by
Lulu Hargis. She merely denies all
husband in which he asserted that
she refused to comb her hair, went on
protracted DRINKS and otherwise
miSbehaVed.
The case promises to be interesting
when it comes up for trial. Mrs. Har-
Sis is asking Il divorce on the grounds
of cruelty and abuse, charging her
husband with being an habtual user
of intoXicants. He filed an answer and
cross petition, also asking for di-
vorce.
The famous watermelon case is
expected to be decided by a jury in
the first division of the district
court some time this afternoon. The
case was submitted to the jury on its
third hearing in court just after the
noon recess today, the arguments OF
attorneys having been finished this
morning The suit was brought by J.
A. Murphree aginst w. O. Anderson
and involves the sale of a carload of
watermelons Anderson says he bought
from Murphree, and which the latter
says he offered to Anderson. but not
satisfied with the price sold later to
the Stone Produce Co.