Newspaper Page Text
THE TOPEKA DAILY STATE JOURNAL THURSDAY EVENING. DECEMBEE 10, 1903.
7" The Christmas Present One Dollar Cash and a Small Payment Each Week W. F. ROEHR MUSIC CO. 630 Kansas Ave., Topeka, Kan. NEED MORE ROOM. State House Doesn't Offer Places for Legislative Committees. The state executive council has quite a serious problem on Us hands in the matter of providing committee rooms for the house of representa tives. At this .time there is only one small room available for the house as a distinct committee room, while the senate has six or eight very small rooms. However, the senate can get along-, but something must be done for the house. Since the last session the executive council has had to provide four new rooms in the state house for the tax commission, one additional room for the board of health and two addition rooms for the bank commissioner. This necessitated many shifts in quarters. The academy of science and the horticultural department had to be moved to the second floor and fourth floor and they are now occupy ing the old committee rooms of the house. There is at this time no room available to be .used exclusively as a committee room and the house com mittees will likely have to use offices now occupied by other officials in dif ferent parts of the building. There should be at least six ex clusive committee rooms for the house of representatives. Such important committees as those on ways and means, railroads, elections and two or three others should have large rooms where they could keep Important pa pers and hold sessions with conven ience and comfort. The senate committee rooms, while small, will do at a pinch. But ..the house has only the small room in the corner back ofa on dbvaet ..flcaE corner back of and above the speak er's desk. WILL PROVE AN ALIBI. Grantville Men Accused of Fleecing Oregon Farmer on Trial. The preliminary hearing of the case of the state against D. D. Burroughs and William Quintan was begun this morning in the court of Topeka before Judge Simon. Fred Briody, the com plaining witness who was fleeced out of J95, repeated his story as it appeared in last night's State Journal. His tes timony is especially weighty because he is positive that these are the men, and that upon being arrested, uuinlan ad mitted before an officer, that he had seen Briody before, and Burroughs ad mitted that he and Quinlan had ridden on the train with Briody. Upon cross-examination by Robert Stone, counsel for . the defense, he questioned only upon the amount of money Briody had expended in reach ing Topeka. More than a hundred friends of the accused were present in the court room. The prominence of the families of the defendents serve to make the case one of much interest. There are many re putable people in Grantville and New man who will swear that Quinlan was at home at the time Briody was robbed and Burroughs also has an alibi. IAXDS ANOTHER BUTCHER. C. D. Tyler of Council Grove Faces Pure Food Charge. John Klelnhans, state food In spector, has landed on another ven dor of diseased meat like a thousand brick. C. L. Tyler of Council Grove is the defendant in this case and his alleged offense is the worst that has tome' under the observation of the purs food commission. Tyler, who lives near Council Grove, has been ar- Something that will please the most fastidious man. Made of calf skin, silk lined. In three colors tan, brown and black. An ideal gift for the traveler. 629-631 Kansas Avenue Appreciated the most is the one that gives enjoyment to the majority of the family. We promise that a Victor Talking Machine or Edison Phonograph Will be the most pleasure giving" present on Christmas morning. If you are disan pointed you may return it to us the day after and get your money back. rested on charge of selling meat to Pullens A Thompson of that place The complaint alleges that the cow" from which this meat was taken died from a cancer or malignant growth on her head. The diseased meat was sold by the butchers before the dis covery was made as to its condition, Dr. Crumbine has returned from Hiawatha, where he held a pure food meeting or demonstration yesterday and states that the courtroom at that town was crowded by an interested audience on the occasion. HOLD A SESSION. Congressmen Meet to Discuss Roose velt's Secret Service Vtterance. Washington, Deo. 10. Leaders of the senate and house met in confer ence in Speaker Cannon's room this afternoon to consider what action, if any shall be taken concerning that portion of President Roosevelt's an nual message which relates to the secret service. Among those present were Senators Hale and Aldrlch, Speaker Cannon and Representatives Tawney and Perkins. The last named had pre pared a resolution providing for the appointment of a select committee of the house to consider that part of the presidents message regarded as' offensive to members of congress. The question of expunging from the congressional record all of the alleged offensive matter was suggested. MODERN ADAM. Another Man Gets Into Trouble by Eat ln: an Apple. Chicago, Dec. 10. Three month's imprisonment and the loss of pay during that period is the price which James R. Thompson, private in com pany C, Tenth infantry, will pay for eating an apple. The findings of the court-martial which tried the case have been approved at army head quarters. Private Thompson's offense was committed near Dublin, Ind., while his company was on a practice march to Fort Benjamin Harrison, Indiana. Members of the command had been cautioned against foraging enroute, but like Adam, Thompson fell to the blandishments of a ripe red apple In a farmer's orchard. "Throw that fruit down," Lieuten ant Robert G. Caldwell commanded. Thompson grinned, took another big bite and replied: "I'm not taking orders from you." That settled it. First came the guard house, then the court-martial and now the three months service at hard labor. RATES TO GO UP. On An . Eastbound Traffic and Con modify Westbound. Washington, Dec. 10. Transcontin ental freight tariffs beginning -January next, will be advanced on all. eastbound traffic both by rail and by rail and water. The class rates on westbound traffic will remain as they are now. The commodity rate on west bound traffic from Atlantic sea board points to Pacific coast terminals will be increased approximately 10 per cent. "Rocked in the Cradle of the Deep" is usually selected by the lowest bass to show power of low tones. Miss Tina' Crawford, Scotch contralto, at the Aud itorium tomorrow, will demonstrate that a woman can sing this song with great power and effect. Note Our Window Displays for Other Gift Suggestions. HIS LIFE STORY. Posthumous Paper Fonnd Among A. H. Case's Effects. Told of His Early Struggle to Secure Foothold. J. G. WATERS' TRIBUTE Deliyers Address at Bier of His Old Friend. Tells of His Great Friendship for Young Lawyers. The funeral of A. H. (Hlb) Case, who died Monday evening, was held at the family home, 1300 West Tenth street, this afternoon at 2:30. Rev. Charles M. Sheldon, of the Central Congregational church, conducted the funeral services at the house. These services were fol- A. H. Case, Whoso Funeral Was Held Today. lowed by an address by Captain Joseph G. Waters, who was an intimate friend of Mr. Case during his lifetime. The services at the cemetery were conduct ed by the Masonic bodies of the city. The pallbearers were A. J. McCabe, Charles Jr. Spencer. John Martin, A. W. Dana, Z. T. Hazen and Howel Jones. The Masons had charge of the music and conducted the services at the grave. Captain J. G. Waters' Address. Following a short funeral address by Rev. Charles M. Sheldon, Capt. J. G. Waters spoke as follows: "In the last few years the Topeka bar has attended the funerals of Judges Hprton, Martin, Green, Ellis, Cunning ham of the supreme court. Judge Val entine, an ex-justice of that court, its reporter Dewey and Guthrie, Morton, Bergen, Redden, Welch, Williams, Ov ermyer, Clemens, Hagan, Captain John son, Jetmore, Hotchklss, Ward, Lynch and Rossington; some of these men were apparently so strong and power ful, that we half believed that they could stalk death back to Its lair or win in an encounter with it. "Mr. Case, the most elderly and the most delicate of them all, except Judge Valentine - survived them. The great losses the bar has sustained have been sufficient to unnerve and appall those who yet remain: and it requires some thing more substantial than philosophy to be unmoved at this repeated can out of the dark for those who have so long followed by our side. "I had known Mr. Case for very near ly 40 years. We have met as opponents many times and have as often Joined forces against others. During all this period, as Mrs. Case well knows, the friendship between us was hearty and unbroken. For years our offices were separated by a convenient hall. I knew him thoroughly, tie had a neaa native to the law. His brain was a legal pro position. I can say of him that many times during all those years, I have gone to him for advice on some legal proposition and he was always a help, and he gave graciously. If he had an ambition I do not know In what direc tion Jt tended or what it could possi bly have been. One may readily sur mise, what would have been the out come of a lawyer, who. in his lifetime, tried more capital cases than any other lawyer who ever stood at the American bar, if there had run through his veins some lordly, compelling ambition to control and dominate him; and espe cially is this so when it is known that he achieved great success as it was. "He cared not a whit for politics ex cept to serve some friend; the party to which he belonged was caloused with defeat, and for many of the long ago years, it was so sparse in numbers, that it took his presence to constitute a quorum. "As a Biwyer he was to be feared from the first onset to the last shot fired. If an opponent unwarily had its attention distracted, he was a lost man. In the heyday of his most vigorous ca reer, his practice extended well over the state. The man in trouble hunted for Mr. Case. If he had had 'a particle of greed in his composition, he would long ago have been a very wealthy man. He did not have it. His heart mellowed at any story or distress. He gave when he should have kept, and then to ease his conscience he forgot the transac tion. "In his younger days he traveled the circuit, embracing hundreds of miles and many counties by wagon. Concord coach and may be afoot. He was one of a coterie of splendid souls and great minds who went to the battle, friends, fought over its field, and returned as intimates and companions. Among them were some roystering blades, alive and quick in action, and deep in the ro mance of the thing, as Dumas' guards men. "In their rounds the unwritten law re quired those who were successful in get ting their fees to divide with their less fortunate brothers. . which they cheerfully did. well knowing their own necessities would come later. "The years have been full of stories Incident to their itineraries of the courts, told to the dreamy ear in the court room, as the train Jarred its way, around the fires of hotel, at the table and back of the barn; the very stuff' out of which the legends of a people are woven, and which become at least the delightful heritage of a state. In a hunt among Mr. Case's, papers after his death, there was found an unseal ed envelope containing three pages of manuscript written in his clear and legible handwriting, entitled 'A Dull Day's Confession.' It was written six years ago; he had then passed three score years and ten,-' As he sat in his office that drear November day, there must .have swept before his vision a specter of things to come that beckon ed him to write and he did so. I think it is a valuable contribution to the times, and I desire to read it now, as a part of this address. It is familiar and kindly, and there is Just the faintest suggestion in it, that comes to one af ter having seen the silk worm enmesh ed in its own web, weaving In the gath ering gloom its own silken shroud. Here it is: A Dull Day Confession. "I was born December 19, 1828, of respectable, Yankee parents in the hilly country of Pennsylvania, at a time when the snow covered the house ten feet deep, and at a place where no esculapius could come, to make my mother afraid. Reared on a farm, in a foundry, and in an up right, overshot saw mill, andeducated by Dr. Blue in a log cabin and at a big log Are place, by my mother, who intended me for the pulpit in that church, whose whole creed is em- braced in the text. 'Repent and be baptized (not sprinkled) and wash away your sins.' I grew to twenty one years and one hundred pounds when I embarked in the lucrative business of following Dart Rice's Greatest Show on earth with tartaric lemonade and cookies as big as a cart wheel, all for five cents. This gave me e, push and I began selling baker's stuff, small drinks and con fectionery; and with $1,311 I entered into the business of general merchan dizing, buying and selling on time, un til the great panic of 1857 beat the life out of all commercial pursuits. In 1856 I went west to seek a new loca tion to sell goods, I went to Chicago, there they were jacking up their buildings out of the mud and eating quinine: from there I went to Iowa, whero the red dog money and the sand that blew in my eyes drove me back to my dry goods and groceries. After the panic I entered a law office, then landed in St. Louis at the old Planters House with six bits " in my clothes. Here I offered the boss my services as an expert dishwasher and sweeper until something should turn up, as pay for my board. This Job was denied me; but I was told I could stay until further orders, and thus I was installed as a star boarder. I made the acquaintance of the monkey saloon and our formerly Lieutenant U. S. Grant, whom Secretary of War Jeff Davis had allowed to resign, . at the same time. Grant was engaged in hauling poles from his father-in-law's country place to St. Louis and ex changing his dry poles for cash and wet goods at the aforesaid monkey es tablishment. After that I took a con tract to grade on the then southwest branch, now the Frisco railroad, be tween' St. James and Rolla. Mo. Hav ing finished that worTt, I with my wife, two mules, horse, harness and buggy and traps went to Jefferson City and took a side wheeler for West Point iyes Gurod Without tbo Knife Grateful Patrons Tell of Almost Ml raculons Cures of Cataracts, Granu lated Lids. Wild Hairs, fleers. Weak. Watery Eye and All Eye Diseases Send Your Name and Address With Two-Cent SUnip for Free Trial Bottle. The cures being made by this magic lo tion every day are truly remarkable. 1 have repeatedly restored to sight persons nearly blind for years. Ulcers, wild hairs, granulated lids dis appear almost Instantly with the use of this magic remedy. Weak, watery eyes are cleared In a single night and quickly restored to perfect health. It has repeat edly cured where all other remedies and ail doctors had failed. It Is indefd a magic remedy and I am glad to give this free trial to any sufferer from sore eyes or anr eye trouble. 'Iany have thrown away their glasses after using it a week. Preachers, teach ers, doctors, lawyers, engineers, students, dressmakers and all who use their eyes under strain find with this Magic Lotion a safe, sure and quick relief. If you have sore eves or any eye trouble, write me to day. 1 am in earnest in making my offer of a free trial bottle of this lotion. I am glad to furnish proof in many well-proven and authentic cases where it has cured cataract after the doctors said that only a dangerous and expensive operation would save the sight. If you have eye trouble of any kind, you will make a seri ous mistake if you do not send for my great free offer of this Magic Eye Lotion. Address with full description of your trouble and a two-cent stamp. H. T. Schlegel Co., 2977 Home Bank Bldg., Peoria, 111., and you will receive by re turn mall, prepaid, a' trial- bottle of this magic remedy that has restored many al most blind to sight. New Stationery Dept. Thursday, December io, xooS. Holiday Sale of Silks and Grenadines If silks are on your gift list, you will be. glad to find them here tomorrow at less than yon expected to pay. This sale may also help you to present a silk or grenadine, dress pattern where you had thought to give something less valuable, on account of the cost. These special lots are assembled from our own regular stocks hence it goes without saying that selections are very desirable. Fancy Silks for Dresses or Waists Among these are also many silks for petticoats, at especially low prices. . 75c Silks, 19-inches wide 9 pieces yard - - - 50c $1 & $1.50 Silks, 20 to 27-in. wide 21 pieces yard 75c Values to $1.2535 pieces 21 -inch Silk yard $1.00 4 5 -inch Silk Grenadines At About Half Price 1 pattern, 826 yards, plain Iron frame grenadine, all silk-$2.25 regularly-yard $1.50 2 patterns, 1V-2 yds each Brocaded stripe $2.50 regularly-yard $1.50 1 piece Brocaded stripe $1.50 regularly yard 75c 1 pattern, 8 yds., Pekin stripe tissue, 75c regularly, yd 37J4c 1 piece Wave stripe tissue $1.50 regularly yd 75c 1 pattern, IVi yards Crinkle stripe tissue $ 1 .00 regularly. Pattern $8.00 News of a Waist Sale Tomorrow on the Second Floor We have collected from stock a lot of silk, net, lingerie and tailored waists that we will sell tomorrow not at a mere third or fourth off but at actual wholesale cost. Considering that all these waists are unusually good, both in styles and qualities, at regular prices, this is about the niost remarkable waist sale you're heard of at this season. Landing, now Kansas City, Mo., from there I drove : to Lawrence, Leaven worth, Topeka and surrounding cit ies (?) in search of a place to engage in the noble art of looking wise and preaching the modern doctrine of law as she should be practiced. I put my shingle out in Topeka, then a very small city with but few people in it, as a disciple of Blackstone, and with a dictionary and the meager statutes of Kansas territory as guides. I await ed patiently- for developments. I waited Just one year before any one was brave enough to employ my won derful talents to assist him into or out of trouble; then, one shabbily dressed, I lazy. lank customer, more brave tnan his fellows boldly entered my sanctum neither knowing or apparently caring who I was or what my ability as a lawyer was. He made known his wants and promptly paid me ten 50c pieces which was duly lugged home and deposited, not given to my wife. From that on came business, the war and politics. I enlisted with the Red Legs. Elected district attorney, ap pointed to several positions, among them U. S. deputy district attorney but the chief business has been pros ecuting and defending civil and crim inal ca-tes in the various courts. Three times I could have been the judge of the court, twice in Kansas and once in Texas. I would not be Judge, because I would not sentence any man to be hung or to life confinement. Hard and easy times I have met in the practice of the law. It is a life of hard work and small pay, a work of drudgery and a thankless work. In the hundreds of cases I have tried for crime, but two have performed their promises. In the hundreds of civil cases I have tried, I have more than $30,000 owing me barred by the stat ute of limitations. It is an honorable life, but there is far more honor in it, than compensation, except that you have kept the faith and obliga tions you took when you proudly re ceived your right to claim the law your profession. "A. H. CASE. "Nov. 15, 1902. Mr. Case as a Lawyer. "When Mr. Case addressed the court he had its attention. It was a weighty and troublesome thing to defend against his proposition. He had the clearest of minds, a perfect memory, and up to the very hour of his last sickness had the pride of a lawyer in standing on the advance line. The last legal business which he transacted was here in his own home chamber at a time when burdened by the se verest pain, his life sapped and he going, when he wrote the motion to enforce in the district court the man date of the supreme court in a case which he had but a very short time before won. "Mr. Case helped every young be ginner who ever sought his assistance, and many of these young lawyers stand around his coffin at this hour middleaged men, with gray in their own hair, holding his memory in sweet recollection for such kindly ads. He was the elder brother of us all. He had a heart that permitted others to sway him; and there is but one man I ever knew of whom I was sure had more foibles and frailties than he; and nigh all of his rose to the dignity of virtues. He could be speculated upon by the designing person. "Kindly and gentle, with a poise that no human tumult or emergency could destroy. "It is to be regretted he did not commence the law earlier in life and have the advantage of its training schools. He would have ranked with the greatest. His younger days were before lax courts, in the early settle ment or out on the frontier. - Disci MILLS STORE NEWS pline and conventionality never had their thumbs on him, and a generous and open soul as his was the one to suffer most for want of them. "I can say to the people here, the members of the bar take his death to heart. They give to his devoted wife their love and sympathy, and to their son, and our brother, out far Into the Pacific, they send him their love. "Where he may be it is not for me to know. The sweetest figure the mind can draw is not an avenging sprite, dark. ominous and angered, whose presence in the depths of eternal night is only betrayed by the flash of his de stroying sword, or the baleful light ning of his persistent ' wrath, but rather that radiant spirit, whose face shines with benignancy and wonderful kindness, with the heart of a mother and the love of a child; whose eyes are dewy with an everlasting pity and whose soul is filled with an Infinite compassion and a boundless tender ness. "It is to that good angel I shall turn my heart and hope, when the world fades from my gaze, when my lips have lost their love, when my hands are numb to affection, when farewells bring no tremble of reply; and it is to that stainless and immaculate di vinity, I commend the freed and un burdened soul of my friend. "During his life he was circled by a prayer. No night so starless and deep but what a path to heaven has been illumined by a prayer for him. No care, nor ache, nor pain, has halted or delayed her Intercession for him; and her love has known no higher of fice that to constantly give her heart for his everlasting good. "The sweetest flower this world may bloom, blossoms In the heart of a good woman: and my friends, the com passionate and tender angel of mercy Is the only celestial being that bars the way of a good woman's heart when she offers it to her Savior and her God." AFTER THE DRUGGISTS. Pour Arc Arrested at Request of Dr. Crtimbine. Upon Information furnished by Sec retary Crumbine, who in turn, got his information from chemists who re ported to him, J. J. Schenck told John Wilkerson to make complaints against four Topeka druggists, charging them with violations of the pure food law. In most cases, the county attorney is expected to have first-hand informa tion concerning cases upon which he issues complaints, but in the pure food law, the county attorney is compelled to take the word of some one as to what some one else told him that he had heard. -The defendants, for whom warrants were issued at a - late hour Wednes day afternoon, are E. D. Brenker, H. A. Ott. J. W. Hollinger and Frank M. Curtis. Brenker, who is . charged with two counts, is accused of selling whisky without a label which states the per cent of alcohol. The same charge is made against Hollinger. Ott is supposed to be guilty of the heinous offense of selling tincture of iodine which had been on his shelves so long It was unfit for sale. Curtis bears the big end of this drug raid. He is charged on ton count-i with keeping for sale drugs which had de teriorated in strength by reason of age. There is a lot of stuffing in the complaints about "according to the standard of the U. S. Pharmacopeia," and other terms which are very en lightening to the uninitiated. Two of the defendants, Brenker and Ott, Fur Exhibit Second Floor The Mills Co. , Toieka. ) TOPEKA- And Oyster Market - We have for this week spec ials Black Bass, Catfish. Hali but, Buffalo,. Trout, Smelts, Sal mon, Spanish Mackrel and oys ters. Special attention to coun try orders. 323 Kansas Avenue Ind. Phona 1889-Bell Phono 1880 CLEANLINESS' is the watchword for health sad visor, i fort sad beauty. Mankind is learning sot only the necessity bat the luxury of cleanli ess. SAP0LI0, which has wrought tack changes in the home, announces hex aiatat triumph HAND SAPOLIO FOR TOILET AND BATH A special soap which energises the whols body, (tarts the circulation and leaves an exhilarating flow. All grocers and druggists. .Tn.NTfiHT DngfkIS L M. Pen well Undertaker and Embalms? fit Qaticy Street fetfe Pfeone 112 'BanywhofonnerJyjroketflOfCigars now smoke LEWIS'SIHGIE DII.'DER STRAIGHT 5 CIGAR were arrested this morning and have given bond. A Convenient Train. For Topeka people who desire a full business day in Kansas City la the Union Pacific No. 102 which leaves To peka every day at 6:50 a. m., arriv ing in Kansas City at 8:35 a. m. Tou can get breakfast in the diner on this train and dinner on No. 101 which leaven Kansas City at 6 p. m., reaching Topeka at 7:35 p. m.