The Topeka state journal. [volume], December 10, 1908, LAST EDITION, Page 7, Image 7

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

Image provided by: Kansas State Historical Society; Topeka, KS

                
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.