The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-03
KNEW HIS RIGHTS
Elisha Scott, Negro Attorney,
Makes a Winning Fight.
Gets Selling Count Against His
Client Dismissed.

client DISMISSED.
1t was a day in police court-Friday
afternoon, to be definite. A negro
woman was charged with selling liquor
and maintaining a nuisance. one of the
brand of cases that decorates the po-
lice docket every Tuesday and every
Friday There were three negro wit
nesses and the defendant was repre-
sented by a negro attorney-Elisha
Scott. Bling" Bartel represented the
state. Judge Robert Yates presided
Bring in the DEFENDANT said Judge
Yates
Your Honor, she's SICK" said Scott
Bring in the defendant" Numbered
the judge.
A moment later a colored woman,
clutching a bottle of medicine in one
hand and holding her head with the
other. dragged one sick foot after the
other into the court room and took a
seat.
THE witnesses for the state will
stand and be sworn" said the judge.
The three young negroes in the rear
stood up The oath was administered
Your Honor" said Scott, that one
witness didn't put up his right hand.
He isn't properly sworn
Scott said Bartel, hes sworn all
right
Now who's runnin' this court ?'
came back Scott. you or Judge
Yates?"
THE witness who failed to hold up
his right hand will stand up to be
sworn" said Judge Yates. Lets get
this thing over with
All Three Stood Up.
All three negroes stood up.
Then followed a wrangle over the
identity of the one who failed to hold
up his right hand. Finally one was
decided upon and he was sworn.
Now get busy. Let's CO." said the
judge.
Not long ago Judge Yates was COM
menting upon SCOTS demeanor in po-
lice court and remarked that if Scott
only knew it he could keep a lot of
evidence against his clients from go
ing in. The remark reached Scott and
yesterday for the first time, he stood
on his rights. and then some. He
objected consistently to every question
Bartel asked of every witness until the
judge called him And most of his
objections were sustained by the
court.
You say here in an affidavit you
made began Bartel to the first wit
ness.
Let the affidavit speak for itself, "
demanded Scott. where is the affi-
davit?''
Il have it in my hand" said BarteI.
Demands the Affidavit.
well, how does the witness know
what it says if you have it in your
hand?" demanded Scott Produce the
affidavit let the witness read it and
see if it says what he said"
The court approval of this proce-
dure
Now you say continued BarteI,
that you went to this house on Labor
day and bought"
Wait a minute I object" shout
ed Scott Il object to you putting
words in his mouth. How do you know
he says that? Ask him questions, don't
tell him.
The objection is sustained" ruled
to court.
Bartel threw down his papers in dis
gust and appealed to the court.
Il would like to have an opportunity
to ask these questions and bring out
the case without Interruptions" he
said. I haven't had a chance to ask
single question without interrupt
tion.''
You ask proper questions and you'll
not be interrupted" said Scott, rising
from his seat. No lawyer would ask
the kind of questions you are asking II
stood on His Rights.
You attend to your own case, -
said Bartel
That's just what I'm doing" said
Scott, Pm looking after the interests
of this woman"
Anyone who knows any law" said
Judge Yates, knows you have NO
right to ask the kind of questions you
have been asking
Il know what my rights are" said
Bartel.
IF you know why don't you stick
to them?'' asked Scott.
Now there he goes gain, your
honor" said Bartel, Il can't get half q
chance to proceed with the case
Proceed" said the judge, Scott
I'll pass judgment on the admissibility
| of evidence hereafter"
And the case proceeded, slowly. At
ter all the evidence was in Scott NOV
ed that the count showing sales OF
liquor be dismissed. A wrangle fol
lowed as to whether or not the attor-
new for the defendant could move &
dismissal. Bartel contended not.
why of course l can said Scott
Il can move anything 1 want to. It's
up to the court to pass on it but car
move it"
The count was dismissed and judg
ment on the nuisance count was with.
held pending the trial of another
| negro.