The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-30
END HOWAT TRIAL
All Evidence Presented to Court
- Before Noon Today.
Defense Rests Case Without
Producing Evidence.
TO THE JURY LATE TODAY
Quick End of Case Came as
Complete Surprise.
Prosecution Examined Only
Three Witnesses.

Columbus, June 3O.-The fact that
Alexander Howat and August Dorchy,
president and vice president of the
Kansas miners union. called a strike
of the Mackie miners to force a settle
ment of the claim of Karl Mishmash
is no defense, Judge Frank w. Boss
this afternoon instructed the jury. In
his opening statement J. I. Sheppard.
attorney for Howat and Dorchy, de-
clared that the strike was called to
force the settlement.
The jury, under the instructions,
can find Howat and Dorchy guilty of
a felony or of a misdemeanor. If
they merely influenced the men to
quit work, they must be found guilty
of a misdemeanor. If they conspired
to stop the men from working they
must be found guilty of a felony.
Columbus, Kan. June 3O.-The
case of Alexander Howat and August
Dorchy. president and vice president
of the Kansas miners union, charged
with calling a strike in violation of
the Kansas industrial Oourt law, Nill
reach the jury about $3.50 O'Clock this
afternoon.
Judge Frank w. Boss, after he had
worked on his instructions to the jury
for some time following the an
nouncement at 10 o'clock that the de-
Tense rested, announced an adjourn
ment until 1 o'clock. Each side, it
was announced, will have two hours
for argument.
Plans are going forward for meet
ing of miners this afternoon in the
rf4 RI a har nd
came this morning. Several hundred
miners came to town during the morn
ing. Another meeting of miners is
planned, for tonight. Howat, it is un-
derstood, is expected to be one of the
speakers tonight. No miners are at
work III the Kansas coal fields.
State Rested at 9:35 O'Clock.
The state rested at 9:35 o'clock this
,,morning. after three witnesses had
fbeen examined. The defense offered
"a demurrer 10 the evidence and stated
that the same arguments advanced in
the motion to quash the indictment
were offered. The demurrer was over
ruled and court took a short recess. .
The defense rested in the Howat-
Dorchy case shortly before 10 o'clock
without offering any evidence.
The announcement of the defense
was made Immediately after brief
recess taken when the state rested at
"A
fered by the defense, was overruled.
End Came as Surprise.
The conclusion of the testimony by
both sides within an hour after court
opened this morning came as a sur
prise, altho It had been predicted that
all of the evidence would be in by
noon. Altho the amount of time 10
be allowed to the lawyers for argu-
ment was undetermined, it was con-
sidered probable that the case would
go to the jury by or o'clock this
afternoon
Two members of the jury were al
lowed to go to their homes last night.
Juror James Duncan, at the close Of
the session late yesterday, told Judge
Frank w. Boss that he had driven to
town with his wife in a motor car and
that his wife could not drive the car
Judge Boss allowed him to go home
for the night. Duncan is a farmer.
Juror Hugh Gilliland said that he had
q very sick child at home and Judge
Boss permitted him to 90 home.
Defense Starts Battle.
]. 7. Sheppard was on his feet in a
hurry demanding of the court that
the order made at the beginning of
the trial be rescinded and all of the
jurors be permitted their freedom.
This procedure is unusual in any
court and this court has done the un-
usual thing in making this order and
1t ought to be rescinded."
Il am aware that this was an un-
usual order" Judge Boss replied. But
there are certain circumstances of
which I am aware and of which you,
Mr.. Sheppard, are well aware, making
this necessary.
And" continued Judge Boss, 81 did
not make the circumstances
The incident ended and the jurors
left the court house in custody of a
deputy sheriff.
Objections Overruled.
Jack Morton. superintendent of the
George K. Mackie Fuel company, was
the first witness called this morning.
John Egan, assistant attorney general,
did the questioning for the state. The
defense objected to question as to
where the coal went which was pro-
duoed at the Mackie H. mine. The
objection was overruled by Judge Boss
and the witness testified that it went
70 the Morton Salt company at Hutch
Continued on page six.I