The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-10
CASE BLOWS UP
Girls in Sixth Avenue Hotel
Matter Wouldn't Testify.
They Are Charged With Same
0ffenSe BOutOnS Are.
nnnwrna
PORTERS ARE LEFT ALONE
Their Testimony Only Evidence
Against Hotel Men.
TOYunVeer lawyers Go to Aid
of the Two Girls.

VI Il wv VII
The case of the state against the
Boutons, charged with maintaining a
disorderly house al the Sixth Avenue
hotel. blew up in the first inning in
the court of Topeka today and amid
great disorder was continued until Fri
day morning.
just what is going to happen in the
Bouton case was a big question after
the dust settled today. 1t looks like
the state is going to be forced to go
20 trial with six white people denying
the allegations made by two negro
porters who are said to have passed
the word around that they were not
going to be prosecuted.
L. c. Bouton, Archie Bouton, Char
lie Bouton and w. H. Scot, a jitney
driver, were arrested late Monday
afternoon on warrants issued from the
court of Topeka. The Boutons were
charged with maintaining and operat-
ing a disorderly house. while Scott
was charged with aiding in the main
tenance by hauling girls 20 the hotel
when there was a shortagD
The warrants and complaints were
based upon five affidavits Hugh Fish
er, county attorney, obtain I'd Monday.
One affidavit was signed by Edith Car
ter who stated that she occupied
room at the hotel frequently without
cost to her and that she entertained
men to whom she was taken by por-
ters.
Another Girl Implicated.
Another affidavit. signed by Esther
Hulvey, was along the same lines. She
also stated in the affidavit that she
occupied rooms at the hotel; that she
paid no rent and that she entertained
men brought to her by porters.
atIldaTlIS
the porters, Leo Mendenhall and F
w. Mack. Their stories agreed in
most details with the stories told by
the girls. The four affidavits were
further fortified by an affidavit made
by Bud Bishop, a country boy. who
was caught in the police net when the
raid was made on the Sixth Avenue
hotel Saturday night.
The preliminary hearing was set for
9 O'Clock today in the court of Topeka
before Judge r. NJ. Lee. The girls
were on hand to testify, so were the
colored porters. The BoutOnS were
in court thru force of circumstances.
When Edith Carter and Esther HUI
vey were put on the stand they had
no attorneys not being under arrest
and were not instructed by the court
that they could not be required to
testify to any matters discriminating
themselves Tinkham Veale ana
Douglas Mote, attorneys. were in the
that the girls be instructed.
Girls Told of Rights.
No such instruction was given and
the girls began their testimony When
they reached the point where, in their
affidavits, they had told of entertain
ing men in rooms at the hotel, the at
torneys protested and half a minute
later the girls had two attorneys
Judge Lee demurred to giving the in
struction for a time but eventually
told the women what their rights
were.
Then and there the testimony ceased
The Carter and Hulvey girls decided
to stand on their rights and refuse to
testify Hugh Fisher, assistant coun-
ty attorney. who was conducting the
case. demanded that the girls be held
while he obtained warrants for them.
Veale and Mote declared the court
had no right to hold the girls and
announced nat they would bring ha-
beas corpus proceedings to. release
them. They telephoned to Ed Room
ey to prepare the papers and the girls
had three attorneys. Meanwhile,
Judge Lee instructed the court mar
shall to take the girls and hold them
until the warrants were issued.
Rooney showed up at the court
house and went in to consult with the
Carter and Hulvey girls. The mar
shall reported that to Judge Lee and
the Judge instructed Rooney to let
them alone.
IF you want to get into contempt
of this court you go back there and
talk with those girls" he said.
Those girls have a right to talk to
an attorney. court or no cou-t,' shot
hack Rooney. Il am going to talk
with them and if that is contempt, so
be it,"
Girls Are Charged.
And he talked with them. Before
habeas corpus papers were prepared
Hugh Fisher had prepared complaints
charging the girls with the same Of
Tense as that charged against the
Boutons. They are charged with keep
ing and maintaining a disorderly
house designated as the Sixth avenue
hotel.
Then the girls were arrested and
placed under $500 bonds each. Mike
Thompson gave bond for them Just
before noon and they were released.
There are now six people under
$500 bonds each in connection with
the Sixth avenue raid and the case is
set for hearing Friday. Those under
bond are L. c., Archie and Charlie
Bouton, w. II. Scott, Edith Carter and
Esther Hulvey.