Charles Henry Quier, Attorney.
William Henry Quier was born November 12, 1815, in Somerset County, Pennsylvania. He married Lydia Sipe in 1837. He died March 29, 1908, and is buried in the Burden cemetery. Lydia Sipe was born April 3, 1817 in Holmes County, Pennsylvania. She died on February 2, 1914.
Henry Quier was a native of Ohio, and moved from that state to Illinois, and when the Civil War came on he joined Co. B., 118 Illinois Infantry, as a private. In 1870 he followed his son, Levi Quier, to Kansas and during the rest of his life was a farmer and stock raiser near Wilmot in Cowley County.
Levi Quier, son of Henry Quier, was born November 2, 1841, in Elkhart, Ohio. He was a Union soldier in the Civil War, serving in an Illinois regiment. In 1869 he moved to Kansas and took up a quarter section of land in Cowley County. Beginning with this quarter section, he added to his holdings until he had five quarter sections, most of the land under cultivation. He married Florence Stroud, born in 1853. They had four children: Mary Jane, wife of George Kinnie, of Oakland, California; Lois E., who married E. C. Stubbs, of Dexter, Kansas; Emma, who married J. C. Harkins, of Burden; and Charles H., who married Maud I. Scott, of Winfield, Kansas. Her father, Madison M. Scott, was for some years police judge of Cowley County. Levi Quier died Sept. 3, 1929 and was buried in the Burden cemetery.
Charles Henry Quier was born August 20, 1877, and died on November 25, 1954. He was buried in Highland cemetery. His wife, Maude Scott Quier, was born June 11, 1880, and died January 27, 1962.
Charles H. Quier grew up on his father’s farm near Burden, attended district schools there and was a graduate of the Burden High School. His further literary education was acquired in Southwestern College at Winfield, and in 1903 he was graduated LL.B. from the law department of Kansas University. On getting his diploma and being admitted to the bar, he at once located at Winfield. For several years he was associated with Judge Buckman, and another partnership was with Attorney Charles Roberts. He served two years, 1921-22, as deputy county attorney, and then for two terms, 1923-27, was county attorney. In 1926 he was a candidate for attorney general of the State.
Kansas 1875 Census Sheridan Township, Cowley County, March 1, 1875.
Name age sex color Place/birth Where from
H. Quier 57 m w Pennsylvania Illinois
S. Quier 49 f w Ohio Illinois
A. J. Quier 16 m w Illinois Illinois
S. E. Quier 13 f w Illinois Illinois
R. Quier 8 f w Illinois Illinois
S. Quier 30 m w Ohio Illinois
F. Quier 20 f w Illinois Illinois
M. Q.? Quier 4 f w Kansas
E. Quier 2 f w Kansas
W. Quier 29 m w Indiana Illinois
H. B. Quier 20 f w Ohio Illinois
R. A. Quier 1 f w Kansas
Sheridan Township 1873:
Henry Quier, 56; spouse, Lydia, 48.
Levi Quier, 50; spouse, Florence, 21.
William Quier, 26. No spouse.
Silver Creek Township 1881:
Henry Quier, 58; spouse, Lydia, 54.
Sheridan Township 1882:
Levi Quier, 38; spouse, Florence, 29.
FROM THE NEWSPAPERS.
Winfield Courier, January 27, 1876.
The undersigned, residents of Cowley County, cordially unite in inviting the citizens of said county to meet in mass meeting at Winfield, on Saturday at 2 P. M., February 5th, to take such action as shall seem advisable upon consultation to secure the construction of a railroad into Cowley County. We desire each paper in said county to publish this call, and we hope that every township will be fully represented at said meeting. Dated January 25, 1876.
DEXTER TOWNSHIP: T. W. Coats, J. D. Maurer, Mark Kenton Hull, Levi Quier, J. A. Bryan, George Bryan.
[REPORT FROM WINFIELD COURIER RAMBLER.]
Winfield Courier, February 21, 1878.
Sheridan Township: Henry Quier has been trying a new plan of catching hawks which is a success. He places a dead rabbit in a low place, then sets a steel trap over the rabbit, covering it with fur. When the hawk makes a dive for his prey, he finds himself a victim of misplaced confidence.
[THE OLD SOLDIERS - GETTING READY FOR THE REUNION.]
Winfield Courier, Thursday, October 6, 1881 - FRONT PAGE.
Below will be found the proceedings of township meetings, organizations, and muster rolls as far as heard from. The last week before the reunion we will publish the muster rolls
In pursuance of an invitation extended to the old soldiers of Silver Creek township by the Central Committee at Winfield, on the 21st and 22nd of October in a grand reunion, the old soldiers met at Burden the 27th inst., and organized a company of veterans. Below will be found the names of officers chosen and roll of members, which includes a number of ex-confederates who wish to participate. The following officers were elected.
Captain: Richard Fitzgerald, Co. A, 14 Ind. Inft., private.
1st Lieut.: Harvey Smith, Co. B, 44 Ind., Sergt.
2nd Lieut.: Samuel Tull, Co. H, 16 Ind. Inft., Lieut.
Ord. Sergt.: John Stout, Co. K, 20 Va. (confederate), private.
Color Bearer: Ed. Pate, Co. C, 53 Ind. Inft., Sergt.
Color Bearer: Thomas McGraw.
MEMBER. HENRY QUIER, CO. B, 118 ILL. INFT., PRIVATE.
[SHERIDAN TOWNSHIP CORRESPONDENT: NAME NOT GIVEN.]
Winfield Courier, December 8, 1881.
Levi Quier, George Gardenhire, and others are in the nation hunting.
Winfield Courier, March 2, 1882.
Mr. Levi Quier, of Silver Creek, called in Saturday.
Winfield Courier, December 14, 1882.
Levi Quier returned from the Territory Tuesday, where he has been on a grand hunt. The party brought back a lot of deer and nearly a wagon load of turkey.
Winfield Courier, January 25, 1883.
Recap of Claims Submitted in report of Commissioners Proceedings given by J. S. Hunt, County Clerk of Cowley County.
STATE VERSUS PARR. JUROR: Levi Quier.
Winfield Courier, May 31, 1883.
DIED. Died at the residence of the parents, three miles south of Burden, May 21, 1883, Pearley Quier, daughter of Mr. and Mrs. Levi Quier, aged 3½ years.
God hath given, and he hath taken away. She leaves father and mother, brother, and sisters, and many friends to mourn her loss. She was loved and idolized by all that knew her.
But no more will we hear that happy voice in merry, childish glee, nor listen to her childlike expressions; no more will we behold her sparkling eyes; yet while we deeply mourn her loss, we know that she is free from all sorrow, on that beautiful shore where joy and happiness are complete. H. B. T.
Winfield Courier, July 12, 1883.
The Fourth. The one hundred and seventh anniversary of the Nation’s independence was celebrated in grand style last Wednesday. The people commenced gathering before sunrise, and from that time on until eleven o’clock every road leading into Winfield was crowded with teams, pedestrians, and horsemen. At ten o’clock the procession was formed on Main Street by W. J. Hodges, Chief Marshal, and marched to Riverside Park, headed by the Courier Band. Arriving at the Park the band discoursed several patriotic tunes, after which the address was delivered by Dr. T. B. Taylor. After the speech came dinner and after dinner the various games, races, etc.
The sack race was won by J. W. Bradley and the tub race by D. Quier. A twelve-year-old boy succeeded, after several attempts, in getting the five dollar gold piece on the top of a greased pole. In the glass ball shoot the high honors were divided between Jas. McLain and Charlie Black.
Winfield Courier, September 6, 1883.
Committee on credentials reported the following named delegates and alternates for their respective townships.
SHERIDAN: A. J. Crum, B. Shriver, Levi Quier.
Alternates: A. M. Treadway, Jerry Partridge, Geo. E. Sanders.
Winfield Courier, October 25, 1883.
The re-union last week in spite of the inclement weather, was a fair success. About six or seven hundred of the veterans gathered together and enjoyed a general good time. The executive committee of this post of the G. A. R. worked faithfully. Their arrangements were carefully planned and everything in readiness for a grand old-fashioned jubilee, but it commenced raining a week before and continued to drizzle up to the second day of the re-union. It was decided on the first day to postpone it indefinitely, and visiting posts were telegraphed not to come, but the rain clearing up on the second day, it was resolved to go on with it. On Friday there were fully six hundred old soldiers on the grounds and several hundred visitors, including ladies. The exercises were interesting throughout.
Levi Quier was in his glory and got as much fun out of the re-union as anyone.
[PRAIRIE HOME CORRESPONDENT: “CHARITY.”]
Winfield Courier, November 8, 1883.
L. G. Brown has just completed an addition to his house. He is now building a barn for Henry Quier on Timber Creek.
Winfield Courier, May 22, 1884.
Burden Enterprise: Dr. Crabtree, Will Crabtree, J. M. Hooker, Levi Quier, Hugo Patterson, Will Keller, and T. M. James left last Tuesday for an excursion to the famous Indian Territory.
Winfield Courier, July 17, 1884.
Temperance Rally in Sheridan. A temperance rally will be held at the Quier schoolhouse, in Sheridan Township, next Sunday. It will commence at 10 o’clock a.m. and continue all day. A picnic dinner will be a prominent feature, so take your well filled baskets. Hon. T. H. Soward and Rev. H. D. Gans, with others, will be the speakers. Good shade will be prepared.
Winfield Courier, August 7, 1884.
DIED. Mrs. H. B. Quier, aged 29 years, daughter of Mr. and Mrs. C. W. Saunders of this city, died last Thursday at her home in Tisdale Township. She had been ill about a week with typhoid fever and had rallied sufficiently to be around, when a relapse came in a congestive chill and took her off in a few hours. She was a Baptist and highly respected in her neighborhood. She left a sorrowing husband and five children.
Winfield Courier, September 25, 1884.
OUR EDUCATIONAL CORPS.
Where the Teachers of Cowley Teach this Winter.
Their Names and the Salaries They Get.
Quier, Sheridan Township, Belle Hambro, $40.
Winfield Courier, December 4, 1884.
Levi Quier and party returned from a hunting trip to the Territory Monday. They brought in twenty-one deer and a lot of small game. This is the biggest haul yet reported.
Winfield Courier, Thursday, May 28, 1885.
Steven, the three-year-old son of Mr. and Mrs. Gilbert, of Tisdale township, died of malarial fever on the 25th. Mr. and Mrs. Wm. Quier, of the same township, were also visited by death recently, taking away their nine-year-old daughter, Georgie.
Winfield Courier, Thursday, July 2, 1885.
Tom J. Rude, J. P. Newman, D. C. Brooks, W. J. Frazier, W. E. Harlow, G. M. Cisna, H. F. Broft, J. H. Frazier, J. W. Graham, and Levi Quier were among the “visiting statesmen” who were witnesses of the base ball contest Thursday from Burden.
Winfield Courier, Thursday, September 10, 1885.
The following are the real estate transfers filed in the office of Register of Deeds since our last issue.
Burden Town Company to Henry Quier, lot 5, blk 34, Burden: $25.
Henry Quier et ux to J A Henthorn, lot 5, blk 34, Burden: $350.
Winfield Courier, Thursday, September 24, 1885.
SHERIDAN. Delegates: J. J. Partridge, Levi Quier, E. Shiver, M. T. Armstrong.
Winfield Courier, Thursday, November 12, 1885.
The following are the real estate transfers filed in the office of Register of Deeds since our last issue.
Henry Quier et ux to Joseph E Powell, sw qr nw qr 11-31-6e: $409.
Winfield Courier, Thursday, December 10, 1885.
Levi Quier, of Burden, called Thursday, on his return from the slaughter of deer and turkeys in the Territory.
1921. Charles H. Quier, Attorney.
Arkansas City Daily Traveler, Wednesday, October 5, 1921.
New Attorney Here
C. H. Quier, attorney at law, has moved to this city from Winfield and he and Mrs. Quier are now located here. Mr. Quier is well and favorably known in Arkansas City, as he has been a resident of the sister city for many years. His office is in the Walpex building. Mr. Quier is the newly appointed deputy county attorney and he will hereafter attend to all the state cases here, in the absence of the county attorney, Ellis Fink, who resides in Winfield. He was appointed to this office when Judge C. L. Swarts resigned the position, the first of the present month.
Quier was involved in a number of court cases. Am going to try and identify each person involved...
Arkansas City Daily Traveler, Friday, November 4, 1921.
County Attorney Ellis Fink and his deputy, C. H. Quier, assisted by H. S. Hines of this city, have announced that they will prosecute the man who is alleged to be the father of the baby boy, who was abandoned in this city one day recently by the mother; and accordingly a warrant has been issued for the arrest of the man wanted in this connection. The warrant was issued out of the state court of G. H. McIntire in this city, and Constable R. W. Callahan went to Anthony today to serve the papers on the alleged father and bring him here for trial. His name, according to the local officers, is Gay Neil, and his home is at Anthony. The complaint in the case was made by Jim Montana Edwards, which is said to be the name of the girl in the case. The Edwards girl, her baby, and the mother of the girl are at present being cared for at the home of Probation Officer and Mrs. O. H. Isham, on North D street. The mother and babe have been there since the day that they were taken before the probate court in Winfield, very recently. The local officers have been at work on the case since that time and finally learned the truth of the matter and the name of the man in the case. The baby is said to be doing nicely and he is being cared for by the mother, assisted by Mrs. Isham. The baby in question was left in a rooming house here one morning, and the mother left the city. She returned in a couple of days, however, after she had made a trip to her home, and claimed the baby. This was on October 25. The young woman gave her name as Mrs. Hope Brady at that time and stated that her husband was in Wichita.
Arkansas City Traveler, Thursday, November 17, 1921.
Guy Neal, of Anthony, Kansas, was bound over for trial in the district court at Winfield at the preliminary hearing held this morning in the state court of G. H. McIntire, on the charge of being the father of the baby boy who was abandoned by his mother in this city several weeks ago. Bond in the sum of $500 was given by the defendant and the bond was signed by a local banker.
The state put the girl in the case on the witness stand this morning, and she told her story without faltering, it is said by those who heard the case, and she was not mixed in the dates, nor by the cross examination of the attorneys for the man in the case. Deputy County Attorney Quier and H. S. Hines appeared for the state in the case, and the defense was represented by C. T. Atkinson and Harry V. Howard, of this city, and by Ira R. Elswick, of Caldwell, and also by a brother of the defendant, who resides in Anthony. On the witness stand today the girl related her story of how she met the defendant, and how on different occasions last January, she was in his company, also gave an account of her actions before the child was born last month in a hospital in this city. Then of going to the Model rooms in this city, where she left the baby and went to her home in Caldwell to see her mother, in an effort to effect a reconciliation with her folks. Then she returned to the city and was taken in charge by the police. She at first stated that her name was Brady, and that the name of the father of the child was Brady. She said she told this story in an effort to hide her identity. Then she told the truth, she said. The mother of the girl is here with her at the present time.
Arkansas City Traveler, Tuesday, December 6, 1921.
Coroner H. W. Marsh was here today from Winfield to conduct an investigation into the shooting of Turk Stewart, who was killed in a fight by Sandy Washington, in this city last Sunday evening. A large number of the negro residents of the northeast part of the city were called to testify in the case, but there was no jury empaneled. The case was being conducted at the city courtroom late this afternoon; and Deputy County Attorney Quier was assisting the coroner. The negro witnesses called included Earl Johnson, Ernest Johnson, Earl Sanders, Mrs. Wm. Allen, and another Mrs. Allen, who resides across the street from the place where the shooting occurred. Miss Smith and the following white persons were called: J. Brooks, O. H. Isham, and Dr. R. Claude Young. The colored men and women related some of the facts leading up to the shooting. Late in the day the coroner had not completed the investigation. As yet there has been no disposition made of the body of Turk Stewart.
H. S. Hines and Harry S. Brown have been retained by Washington to defend him in the state case against him.
Arkansas City Traveler, Wednesday, December 7, 1921.
Dr. H. W. Marsh, coroner of Cowley County, completed the investigation into the details of the death of “Turk” Stewart, who was shot to death by Sandy Washington in this city, at the hearing held in the city courtroom yesterday afternoon. Washington was held for the killing of Stewart, the shooting having occurred last Sunday evening on North E street. Both parties to the shooting affair are negroes. Washington was arraigned in Judge J. W. Martin’s division of the state court this morning, on the charge of murder. He will be defended in the action by H. S. Hines and Harry S. Brown of this city. The preliminary hearing will be held at a later date.
There was no jury in the case conducted yesterday by the coroner and the deputy county attorney, C. H. Quier, but the testimony of eye witnesses to the shooting disclosed that Washington caused the death of the other negro, by shooting him twice with a 45 Colts revolver, on the date named above. The testimony brought out the fact that there were several eye witnesses to the shooting and that the two men were about 26 feet apart when the fatal shots were fired. Washington was standing outside his front door, on the east side of the 600 block on North E street, and Stewart was near the Santa Fe railroad track, when the latter was shot down. The defense will be self defense, as it is stated by witnesses that Stewart kicked in the door of the house where Washington resides and attempted to strike him with an iron bolt. Earl Sanders, colored, testified that he owns the house where the trouble started and that Stewart came there and demanded admittance. He then kicked in the door and Sanders himself pushed the alleged drunken man from the door. Stewart again started in and this time Washington stopped him. Then the fuss was renewed and Washington went for his revolver with the result that Stewart fell, the victim of the gun in the hands of Washington. This, no one, not even Washington, denies. A Mrs. Allen, colored, testified as to the position of the two men at the time of the shooting. According to her story, they were some 26 to 30 feet apart when the shooting occurred. It was stated at the inquiry that Stewart demanded more “hooch” and no one seemed to be disposed to let him have it, even if there was any in sight. There was no testimony to show that there was drinking or gambling at the house mentioned, at the time of the shooting, although there were several negroes in the house at the time the fuss started. As near as could be ascertained, there were three shots fired. Two of them passed through the body of Stewart.
When Washington was arraigned in the state court this forenoon, the case was set down for preliminary hearing on December 14 and bond was fixed at $5,000. Bond was not made and the defendant was escorted to the county jail at Winfield by Deputy Sheriff Fred Eaton. Harry S. Brown appeared for the colored man and the state was represented by Deputy Attorney C. H. Quier.
Arkansas City Traveler, Thursday, December 22, 1921.
Sandy Washington, negro, on the charge of shooting and killing a negro companion, Henry “Turk” Stewart, on the evening of Sunday, December 4, in this city, was given a preliminary hearing in the state court of J. W. Martin, this afternoon. The case was set for nine o’clock in the morning; but on account of the county attorney, Ellis Fink, not being present at that hour and because the court was busy with the trial of a civil action, the trial was put off until one-thirty this afternoon. All morning and also during the afternoon hours, the Zadie block, where the office of the justice of the peace is located, was swarming with colored people who had been called as witnesses in the case, or who were otherwise interested in the trial.
H. S. Hines and Harry S. Brown are defending the negro and County Attorney Ellis Fink, with Deputy C. H. Quier, of this city, are prosecuting.
Several witnesses were called to testify on either side of the case, as there is always two sides to a killing, the same as there is to any other kind of a controversy. Washington contends that he shot the other man in self defense. Witnesses at the investigation of the coroner here on the day following the shooting, testified that the two men were at least 26 feet apart when the shooting occurred and that Turk Stewart had no gun at the time. Following the shooting on the quiet Sunday afternoon, Washington hid out and on the following morning, which was Monday, he returned to the city. Local officers then placed him under arrest and he was charged by the county attorney with murder. He has since been in the county jail at Winfield, being unable to make bond in the sum of $5,000.
Testimony in the case this afternoon was expected to be interesting, as the attorneys will go into the affairs of the two negroes, and to what sort of an argument led to the killing. Stewart died in a local hospital about five hours after being wounded, having been shot through the body in two places.
1922. Charles H. Quier, Attorney.
V. E. Creighton.
Arkansas City Traveler, Monday, March 27, 1922. Front Page.
Victor E. Creighton, president of the Traders State bank of this city, which was closed under orders of the state banking department on March 15, was placed under arrest Saturday night on a warrant issued from the office of the county attorney, Ellis Fink, of Winfield, charging him with making a false statement to the state bank commissioner during the month of February, 1922.
The case was started in the justice court of W. T. Ham here and the defendant appeared in court that night and made bond in the sum of $7,500 for appearance for preliminary hearing on Saturday, April first. J. S. Mowatt, brother-in-law of Creighton, signed the bond. It is alleged in the complaint, which was signed by Deputy County Attorney C. H. Quier of this city, that the former president of the bank made a false statement which was submitted to the state bank commissioner regarding assets of the bank, which he knew at the time were not good.
Hon. W. L. Cunningham, attorney of this city, and J. S. Mowatt went with Creighton to the courtroom and the bond was signed up at once. There is said to be a certain note in particular, the nature of which is given in the complaint, involved in the charges against the president of the defunct bank. Deputy Sheriff Fred Eaton, of this city, served the warrant on the defendant Saturday evening at his home, and he went at once to the courtroom, where the bond was made and the date of the hearing was set for Saturday. The attorneys in the case are not sure whether or not the case will be heard at that time, as the district court is now in session at Winfield. In event that they cannot hear the case at that time, it will no doubt be continued until another date.
County Attorney Ellis Fink of Winfield was in the city Saturday afternoon, in conference with the men in charge of the bank, and the complaint was issued in this case while he was here, although the warrant was not served until after Mr. Fink had returned to his home.
There was no unusual demonstration when the former banker was taken into court and few people in the city knew of the arrest that night. The story was given out that night, by the officials, however, and on Sunday nearly everyone in the city knew of the charge that had been preferred against V. E. Creighton.
D. V. Curry, of Topeka, who has been appointed receiver for this bank and also for the Citizens State bank of Geuda Springs, which was closed a few days following the closing of the bank here, is at present in charge of both institutions and he states that the work of checking up the 4,000 accounts of the depositors of the bank will not be completed before the first of April. Until the work of checking the bank’s paper and the accounts in general has been completed, he will make no statement in regard to the actual condition of the books of the bank, he stated Saturday evening.
The complaint in this action, which is on file, together with the warrant and the bond in the case, in the state court of Judge W. T. Ham, recites that, “V. E. Creighton did wilfully and knowingly subscribe to and make a false statement to Frank H. Foster, state bank commissioner, that one certain note then and there listed by said V. E. Creighton as an asset of said bank, purporting to be executed to the bank, and of the value of its face for the sum of $5,119.96, was then and there a bonafide asset of said bank, and of the value of its face value, when in truth and fact, said note was then and there valueless, which fact the said V. E. Creighton then and there well knew with intent to deceive the said Frank H. Foster, as such commissioner, as to the condition of said bank.”
Arkansas City Traveler, Monday, April 3, 1922. Front Page.
A. A. McFall, cashier of the Citizens State Bank of Geuda Springs, which closed its doors and was turned over to the state banking department on March 21, one week following the closing of the Traders State Bank of this city, late Saturday evening gave himself up to the local authorities on the charge of embezzlement. Following the statement he made in this connection to the receiver of the two failed banks, D. V. Curry, who is here at present, McFall was arraigned in the state court of J. W. Martin here and the complaint in the action was signed by C. H. Quier, deputy county attorney. He appeared in court after the service of the warrant and the case was then set for this morning at 9 o’clock. He waived preliminary hearing when the case was called today. He says he is short in the accounts of the Geuda bank $14,350 and also told the bank receiver that the Farmers Union of Sumner county owed his bank a large sum, which was one of the reasons assigned for the closing of the bank. McFall was a stockholder in the Traders State Bank and he has been a resident of this city and Geuda Springs for the past twenty years. Bond in the case was fixed at $7,500 and the case will come up in the district court at Winfield, probably on the first day that the court sits, which will be April 10.
Receiver D. V. Curry stated to a Traveler representative last Saturday evening that McFall has admitted the shortage and that he was ready to give up. He has turned over to the bank receiver all of his personal possessions, it is said, and has retained nothing for himself. The complaint in the case recites five different counts, the largest one of which is $10,000. The other four are for smaller amounts and the total is $14,350. Constable R. W. Callahan served the warrant on the defendant. Receiver Curry states that McFall says the Sumner County Farmers Union owed his bank about $49,000; and that he sold bonds which were left in the bank for safe keeping in order to secure money to operate the bank. The confession of the shortage in McFall’s accounts was made to Receiver Curry on March 22, it is now stated. Receiver Curry says McFall’s shortage will amount to $25,000 or $30,000, the exact amount not being known at this time as the books of the bank have not yet been checked up thoroughly.
The failure of the Citizens State Bank was due, the authorities of the state banking department say, to the closing of the Traders State Bank in this city on March 15. Before that date there was a strong pull on the Geuda bank, they say, and the run could not be met for the reason that the Geuda bank had on hand so much worthless paper.
The sentence in the case of McFall, if convicted of the charges named in the complaint, might be as high as five years in prison on each of the five counts. Late this afternoon the bond in this case was signed by H. S. Collinson, Mrs. S. D. Collinson, J. S. Mowatt, and T. B. Oldroyd.
Arkansas City Traveler, Monday, April 10, 1922.
In the state court of W. T. Ham today the case of the state versus V. E. Creighton, former president of the Traders State bank, on the charge of making a false statement to the state bank commissioner, was continued until a later date for preliminary hearing. The attorneys in the case, Deputy Prosecutor C. H. Quier and W. L. Cunningham, the latter Mr. Creighton’s lawyer, were in attendance at the district court session in Winfield, and for this reason the case was put over. The exact date of the hearing had not been announced this afternoon.
Arkansas City Traveler, Friday, April 14, 1922.
C. H. Quier announced that he is a candidate for the nomination of county attorney at the coming republican primary. Mr. Quier is the present deputy county attorney and lives in this city. He is a Cowley county young man, born in this county, and has lived in it all his life. For many years he was a resident of Winfield and practiced law there. For five or six years he was connected with the law office of Chas. H. Roberts.
Arkansas City Traveler, Friday, April 14, 1922.
Having been caught on the fire escape on the east side of the Newman store at one o’clock this morning by officers, and the fact that he had evidently attempted to remove a window pane from the store, caused the deputy county attorney to file a charge against William Mummy, alias T. Posser, in the state court today.
Mummy, or Posser, who was captured by Policemen Jobe and Downing, carried an iron bar about 18 inches in length and also had a tobacco sack in his pocket, which contained 141 pennies. Officers will attempt to connect him with the robbery at the Hi-Speed Café on the night before when about 150 pennies were stolen from that place. Late today the man had not admitted the café robbery. Chief Peek and Deputy County Attorney Quier have been working on the case all day and the chief has taken fingerprints. Mummy was on the fire escape at the second floor from the ground when discovered and captured without any serious trouble. However, one of the officers, Policeman Downing, came near being shot in the capture as the night watchman at the Newman store, Mr. Wood, upon hearing the fracas outside the store in the alley, took one shot at the supposed robber and Downing was almost in the line of the bullet, the officers stated today.
Arkansas City Traveler, Saturday, April 15, 1922.
Case of the state versus W. M. Washington, negro, was up for preliminary hearing in Judge Ham’s court. Washington is charged with holding up and robbing a man named Emley, of some money, several weeks ago in the First ward. The complaining witness appeared in the case and positively identified the negro who held him up on that occasion. The negro was bound over for trial in the district court and bond was fixed at $500, the same as it was before the hearing. H. S. Brown appeared for the defendant and attempted to prove an alibi for the negro. Several negro witnesses testified that Washington was at other places than the scene of the holdup that night, but none of them seemed to be very positive in regard to the time, and the court decided Washington should be held for trial in the district court, before a jury. Late today the bond had not been given.
C. H. Quier appeared in the case for the state this morning.
George A. Jackson.
Arkansas City Traveler, Saturday, April 15, 1922.
Geo. A. Jackson, negro porter and day laborer of this city, who has always been a law abiding citizen, so far as his friends and acquaintances know, was adjudged insane by a commission here late yesterday evening, as he is suffering from the hallucination that the Ku Klux Klan is watching him and is going to get him. For some time past Jackson had had the idea that someone is after him and while not violent he has caused his family much trouble in the past several weeks on this account.
He is 35 years of age and has a wife and five children. He is not violent; but when under the impression that the Klan is after him, he says he can see a million autos, each containing seven white robed men, and all looking at him as he goes down the street. The commission which adjudged the negro of unsound mind last evening, the hearing being held in the office of Deputy County Attorney C. H. Quier, in this city, before Probate Judge J. W. White, of Winfield, was composed of Drs. B. C. Geeslin and L. M. Beatson, of this city.
At times, it is said, the negro appeared to be all right mentally, but at other times he seems to be of the opinion that someone is after him and he fears his imaginary enemies will do him bodily harm. At these times, it is said by his relatives, he is hard to manage; and the relatives are of the opinion he may be cured of the hallucination if admitted to the state asylum. He will be admitted to the hospital at Ossawatomie at once, the officers report.
Jackson is a son-in-law of Mr. and Mrs. W. M. Hooker. Hooker and Jackson’s wife were witnesses in the insanity hearing held here yesterday. Jackson was the steward at the Eagles club room here for a number of years and he has also worked for the Santa Fe here at different times. He has been in his present condition for several weeks past, and prior to that time, was a hard working man and a law abiding citizen, the officers say.
V. E. Creighton.
Arkansas City Traveler, Wednesday, April 19, 1922. Front Page.
V. E. Creighton, president of the failed Traders State bank of this city, whose preliminary hearing on the charge of making a false statement to the state bank commissioner in the month of February, in connection with the condition of the bank at that time, and which was closed on March 15, has on file in the justice court of W. T. Ham, of this city, the deposition of Mrs. Letha L. Norling, whose former name was Letha L. Creighton, in which she states that he had been given the power of attorney to sign her name to notes for the bank, and that he had the power by her consent to renew the notes in question in this action, from time to time. Mrs. Norling is a stockholder of the bank.
While the deposition has not been presented as evidence in the case up to date, it is on file in the state court and will be submitted by Creighton’s attorney, W. L. Cunningham, when the taking of testimony is resumed on May 9. Mr. Cunningham returned to the city last night from St. Louis, where he secured the deposition of Mrs. Norling, or Mrs. Creighton, in this matter. At the close of several hours of the examination of witnesses in the case today, the preliminary was continued to May 9, but may come up at an earlier date, in order that the attorney for the defendant might have the opportunity to secure the books of the failed Citizens State bank of Geuda Springs, so that he can complete the cross examination of one of the witnesses for the state, A. A. McFall, cashier of the Geuda bank, who could not give exact dates today, in regard to certain entries in the bank’s books. Mr. McFall was on the stand for some time today and he was subjected to a severe cross examination by Cunningham in regard to the Mrs. Creighton note, which is for $5,251.92, which is the bone of contention in the case against V. E. Creighton.
While taking of testimony in the case is not yet completed, the defendant and his attorney are of the opinion that they will clear the charge made by the state bank commissioner in this matter, at the preliminary. After the examination of two of the state’s witnesses and taking a part of the testimony of the third, the case was put off until the date named, with the understanding of all parties concerned that it might be taken up on May 2, instead of May 9.
There was a large crowd in attendance at the hearing today and the small courtroom was crowded all day long. It was 3 o’clock this afternoon when it was decided to lay the matter over for the reason that Attorney Cunningham stated he could not proceed with the examination of McFall until he had the bank books before him, in order to refresh the memory of the witness, as the attorney stated that the memory of McFall was not clear on the matter of certain entries in connection with the transaction of certain notes between the two banks just prior to the closing of both banks.
Mrs. Creighton was in the courtroom all day with her husband, but neither she nor her husband spoke to the attorney at any time during the examination of witnesses. The county attorney had the receiver of the two failed banks and also two bank examiners with him all day, and he frequently stopped the proceedings to ask one or the other of them some question in relation to the examination of witnesses and especially so in the examination of McFall.
The taking of testimony in the case was not begun until after ten o’clock this morning on account of those interested being compelled to wait for the arrival of County Attorney Fink, who came here from Winfield to conduct the state’s side of the case. Mr. Creighton and his wife, accompanied by his attorney, W. L. Cunningham, and several other friends, were in the courtroom shortly after nine o’clock. Witnesses called to take the oath at the outset of the hearing were: Hugh E. Wright, of Wichita, deputy state bank commissioner; B. V. Curry, of Topeka, receiver for Traders State bank; A. A. McFall, cashier of the defunct Citizens State bank of Geuda Springs; and E. H. Armstrong, deputy state bank examiner, who is one of the men now in charge of the bank here.
It was evident from the start of the case that Attorney Cunningham intended to force the state to show its hand in the matter of evidence against his client. One of the very first matters he took up, with the intention of proving, was that Creighton had the power of attorney to sign the name of Mrs. Letha L. Creighton, his sister-in-law, of St. Louis, to the note in question in the charge of the state.
The first witness, Hugh Wright, was first examined by the county attorney, with an occasional question by the deputy county attorney, C. H. Quier. Mr. Wright stated that was here in February to examine the bank, as this was in his regular territory. At that time Mr. Harper, a state bank examiner, was with him. He exhibited the report of the examination at that time. He said he went over the assets and liabilities of the bank at that time with the officers of the bank. He saw the note of Letha L. Creighton, or what he said was purported to be a note signed by her, which was for the sum of a little over $5,000. He said he asked Creighton as to the value of the note and that Creighton stated she was a woman of some means and was interested in a corset company. He said he suggested to Creighton that this note should be paid and that when he returned to the bank some two weeks later, the note was still there, but that the writing of the signature was not the same as before. It looked like Creighton’s writing, he said, and he asked Creighton about it. It was not signed as by any other party for Mrs. Creighton, he stated. The original note, he said, had been there for at least four months. He stated that later than that date, and at the Lassen hotel in Wichita, Creighton had stated that he had signed the note for Mrs. Creighton, as he had the power of attorney to do so. At that meeting, the witness said, there were present A. A. McFall, E. L. McDowell, State Bank Commissioner Foster, and himself. He said he learned later that Creighton did have the power of attorney on file in Winfield from Mrs. Letha L. Creighton, to sign her name.
Most of the questions in the case today were in regard to the note of over $5,000 in the name of Letha L. Creighton, and which the state bank officials claim was not genuine. There were also several other notes spoken of in the taking of testimony; and these included the notes of Ed Conley and W. L. Hower, the total of which is $5,119.00, and which passed between the two banks before the closing of the two institutions. The note of the Trask Construction Co. also came in for a lengthy discussion in regard to the condition of the bank. The state bank examiners testified in regard to the closing of the bank and the taking over of the books of both institutions.
B. V. Curry, receiver for the bank, said he never examined the bank prior to its closing. The records of the Geuda bank showed that this bank had a balance in the Traders State bank, and McFall related some of the transactions of the two banks to him, he stated. In answer to questions by Cunningham, the witness stated that the note in controversy was sent to McFall by Creighton, and was not listed as an asset of the Geuda bank.
R. H. Armstrong was on the stand for some time and he said he held a commission from the state bank department. He came here in March. He testified to a certain remittance slip, which was sent to this bank from the Geuda bank, and in which the Conley and Hower notes figured.
A. A. McFall stated that on a certain day at Geuda Springs, Creighton, while in his auto and in company of Mrs. Creighton, had a conversation with him in regard to the Mrs. Creighton note and Creighton told him he knew the note was not good. He also stated that Creighton said to him, “You know the bond deals are criminal and we do not want any criminal actions against us.” He also stated that there was some controversy in regard to the Farmers Union note for $5,000. He said that sometimes the Geuda bank owed the Traders a balance, and sometimes the Traders owed his bank. McFall stated he was a director in the Traders State bank.
Arkansas City Traveler, Tuesday, April 25, 1922. Front Page.
“The clean-up campaign in Arkansas City will not be halted by the unfortunate death of Everett Snodgrass,” Mayor McIntosh declared today.
Snodgrass, aged 23, an overseas man, was shot through his right side at Tom Adams’ home, 22 North Eighth street, by Policeman Ketch, about 11:30 o’clock Saturday night while a raid was being staged by police. Snodgrass said he was shot without warning before he died in a local hospital at 3:20 p.m. yesterday. Ketch claimed he made a play for his hip pocket when told to stick up his hands and be searched for whiskey. The policeman said Snodgrass dropped two bottles of liquor on a cement retaining wall and broke them after he was shot.
Ketch was arraigned before Justice Ham late yesterday on the charge of murder, preferred by Deputy County Attorney Quier, and arranged $3,000 bond for preliminary hearing May 3. He was suspended from the force, after his arraignment, pending the outcome of his preliminary.
Myron Bell, manager of the Merchants Delivery system, and the employer of Snodgrass, said today that the dying youth expressed the wish that Ketch not be prosecuted because he had a family to support.
The mayor said: “Policeman Ketch was doing his duty as an officer when he shot Snodgrass and the claim that he fired with deliberate intent to kill a defenseless youth is absurd. No officer would have shot under these conditions unless necessary. When the police go after men who are violating the law, it is their duty to get them, and if there is any sign of gun play, to get their man first. Snodgrass was where he ought not to have been. He did not obey the policeman’s orders.
“The officer was expecting to meet more or less disreputable characters in the raid at 222 North Eight street, and when Snodgrass reached for his pocket, I have no doubt that Ketch, who had him covered with a flashlight and gun, shot in self protection. My sympathy is with the bereaved members of the family, and it is extremely unfortunate that the shooting occurred. It was a shock to the community; but the policeman is paid to protect your property and my property and our lives, and to seek out violators of the law. They are called to many places of danger in the line of duty and they are compelled to use measures of self protection for which an unthinking public often condemns them.”
“Efforts are being made by some people to discredit the new administration as a result of the tragedy Saturday night, but I warn the violators of the law in this community that the clean-up campaign will be carried on until the city is rid of bootleggers, gamblers, fallen women, and all disreputable characters so far as it is within the power of the police department to drive them out. Things have been running loosely in Arkansas City with respect to bootlegging and other nuisances, until the city has got to a point where conditions were leading young girls and young men to their undoing. The law has been winked at, and in fighting the lawbreakers we must expect opposition. As unfortunate as the shooting Saturday night was, I hope it will have the effect of creating a more wholesome respect for the law and the men who are paid to see that it is observed.”
V. E. Creighton.
Arkansas City Traveler, Saturday, April 29, 1922. Front Page.
Warrants were sworn out this morning for the arrest of Victor E. Creighton, former president of the closed Traders State bank, of this city, two suits being instituted simultaneously by Deputy County Attorney C. H. Quier, one in justice W. T. Ham’s court and one in Justice J. W. Martin’s court. The plaintiffs are Mrs. A. D. Farnsworth and C. G. Holmstein. After Creighton had arranged bond, Holmstein tried to have his case withdrawn, and Deputy County Attorney Quier and the justice refused to grant his request.
Deputy Sheriff Fred Eaton brought the defendant into the two courts this morning and he was also accompanied by his attorney, W. L. Cunningham. In each court the case was set for hearing May 9 and in each case the bond was fixed at $1,000, which bonds were signed by Arthur LeStourgeon.
In the case brought in Justice Ham’s court, the instrument filed by Mrs. Farnsworth contains two counts. The first alleges that on Dec. 31, 1922, Creighton forged and counterfeited an agreement whereby she was to take four shares of stock in the Traders State bank, at $150.00 per share, that Creighton forged and counterfeited her name to this agreement without her knowledge, alleging that she never signed such an agreement. This alleged agreement reads as follows: “I hereby make application for four shares of stock of the Traders State Bank, which you contemplate issuing about January 1, the price not to exceed $150.00 per share, and I will pay for the same either in cash or in payments as per terms of the issue.—Mrs. A. D. Farnsworth.”
The second count charges that Creighton unlawfully, feloniously, designedly, with intent to cheat and defraud the said Mrs. A. D. Farnsworth by means of said false and fraudulent instrument, did secure the sum of $600.00, which was the personal property of the said Mrs. A. D. Farnsworth. The instrument does not show the manner in which the money was obtained, but according to the prosecuting attorney, her account at the bank was debited in the sum of $600.00.
In the suit filed in J. W. Martin’s court, C. G. Holmstein charges that Creighton unlawfully, with intent to cheat and defraud the said C. G. Holmstein by means of the false pretenses that said Creighton had authority from the banking department of Kansas to increase the capital stock of the bank, which authority neither he nor the Traders State bank had obtained from the said banking department, did obtain from him goods and property as follows: one $100 liberty bond of the fourth issue, valued at $100; one $100 Victory bond, one $50.00 Liberty bond of the third issue, and the sum of $50.00 in money, the total value of the bonds and money being $300.00. Holmstein alleges that he parted with this property relying upon the false representation of Creighton.
Mrs. A. D. Farnsworth is the widow of Dr. Alex. D. Farnsworth and resides at 417 North Fourth Street. Holmstein is the president of the Farmers’ Co-operative Union, and a stockholder in the Co-Operative store in this city.
In both justice courts it was explained that the reason the bonds were not made any larger was because Creighton is already under bonds totaling $9,000, and that the $1,000 bonds were made with the understanding that they were to be increased and made sufficient in case the other bonds became non-effective.
“I have no statement to make relative to the charges,” said Mr. Creighton, “except to repeat that the full noon day sun may be turned upon all my transactions during my tenure of office at the Traders State bank.”
Arkansas City Traveler, Wednesday, May 3, 1922. Front Page.
Late today the preliminary hearing of Policeman Frank Ketch, charged with the murder of Everett Snodgrass, overseas man, residing at 510 North Tenth street, Saturday night, April 22, during a raid at the home of Tom Adams, 222 North Eighth street, was in progress before Justice Ham. The hearing was held in the police courtroom.
Snodgrass was shot through the side by Ketch in the front yard. Ketch said he refused to stick up his hands and be searched for whiskey. He claimed Snodgrass dropped two bottles on a retaining wall, breaking them after he was shot, and that the officers smelled the ground and claimed the bottles contained whiskey.
Snodgrass died at the Arkansas City hospital Monday afternoon following the shooting. He said before his death that he did not have any “whiskey in me or on me,” but according to Myron Bell, his employer, declared that he did not “want Ketch prosecuted, because he had a family to support.”
At the hearing today the aged mother and her son, Ernest Snodgrass, of Kaw City, made a joint statement as follows. “We hardly know how to feel about it until we have heard both sides of the story. If there was cause for our son and brother being shot, we don’t want to see anyone suffer for it. We only hope for and expect justice on whichever side it may be.”
Ketch sat in the courtroom beside his attorney, W. L. Cunningham. It had not been decided late today whether Ketch would be put on the stand.
County Attorney Fink and Deputy County Attorney Quier are conducting the prosecution.
Exhibits in the case will include the blood soaked clothes of Snodgrass and the broken bottles picked up by police at the scene of the shooting.
Tom Adams, 222 North Eighth street, first witness, described the scene at his home on the night of April 22, when the raid was staged by officers resulting in the death of Snodgrass, as follows.
“Everett Snodgrass came to my home about 10:45 p.m. My wife, I, and Chadwell were there at that time. My wife and I were in the front room with Policeman White. Chief Dailey was on the back porch, and Policeman Ketch, I think, was in the front yard, it being about 30 minutes since I had seen him. I heard the chief tell him to go there with the other officers. This was about 20 minutes before Snodgrass came. Snodgrass came in the house by the front door and asked me where Osborne was. I told him that Osborne said to tell him to come on up to his house, Osborne having been there about 30 minutes before this time. He went on out to the back porch where Chief Dailey was and I followed him out. We hopped and talked about three or four minutes and he left, going around the north side of the house as Chadwell came around the south side with the search and seizure warrant White had sent him after. I last saw Snodgrass as he walked around the corner of the house. Chadwell handed the warrant to White and White handed it to me. I walked into the kitchen, read the first two lines of the warrant, and handed it back to White and told him to go ahead and search the house. White, Chadwell, Dailey and my wife were standing there at the time. There was nothing else said and just then we heard a shot. We all ran around the corner of the house and there stood Ketch and Snodgrass. Snodgrass had his hands raised about half way up and Ketch was pointing a pistol at him with his right hand and searching him with his left.
Adams continued: “Dailey spoke then and said, ‘For God’s sake, have you shot that boy?’ Ketch did not answer but went on searching him. Snodgrass said: “Hell yes, he shot me, through the belly.”
“No one spoke then and I pulled his coat off and could see blood all over the left side of his shirt. Ketch was still holding his gun, it was an automatic, but only one shot was fired. There was no further conversation until Snodgrass said: ‘Better get a doctor, or I won’t last long this way.’ Then Snodgrass said, ‘I want to sit down,’ and he sat down on the edge of the porch. This was about six or seven minutes after the shooting. He sat there until Ketch and myself carried him into the house and laid him on the bed. About ten minutes later Dr. Young, who had been called by White, came in. He only looked at the bullet hole, gave him a hypodermic, and started back to the hospital to make arrangements for him there. Then Oldroyd’s ambulance came and took Snodgrass to the hospital.”
The testimony of Mrs. Tom Adams was to the effect the same as that of her husband.
Dr. Young was next put on the stand and testified to the following. “I was called to the Adams home and upon arrival found Everett Snodgrass upon the bed. After a hurried examination I gave him a hypodermic to quiet him and left to arrange for his arrival at the hospital. He was brought to the hospital about fifteen minutes later, and after another examination, I operated on him. The bullet had entered his right side about on the level with the eleventh rib and had gone through the lower lobe of the liver, cut along the edge of the stomach, and came out on the other side about three or four inches ahead of where it entered. The operation did for him all that it was possible to do and he died Monday afternoon, the cause of his death being due to a bullet through the side. His coat has two holes through the right side and one in the left and there is a powder burn on the coat about four inches in circumference.”
Ernest Snodgrass testified that his dying brother told him “he had been shot down like a dog.” Everett told Ernest: “I went to the Adams home to see Osborne. Ketch threw a spotlight on me and aimed his pistol at me. He shot me before I could make a move.”
Ernest said, “I asked him if there was anything he wanted me to make right.” Everett replied: “No.”
Ed. Hughes, brother-in-law of the slain youth, testified that Snodgrass told him he didn’t have any whiskey on him when he was shot. “Everett told me he was shot down like a dog.”
I asked him if the officer commanded him to halt or to throw up his hands and he said, “He did not.”
At 4:05 o’clock Policeman Ketch was bound over to the district court under $5,000 bond. His attorney said the bond would be arranged.
Bond was arranged by Ketch, who is temporarily suspended from the police force, pending the final outcome of the charge against him.
Arkansas City Traveler, Tuesday, May 9, 1922. Front Page.
With a charge of second degree murder pending against him in district court, Frank Ketch has been reinstated on the police force.
Ketch shot Everett Snodgrass, 23, overseas man, Saturday night, April 22, in a raid on the Tom Adams home at 222 North Eight street. Snodgrass died the following Monday.
Ketch was suspended by Mayor McIntosh after the murder charge was preferred against him by Deputy County Attorney Quier. He was bound over by Justice Ham.
Ketch is now acting as night desk sergeant at the police station.
“Has he the authority of a policeman, the same as all desk sergeants in other cities?” Mayor McIntosh was asked.
“Yes,” the mayor said. “In every city the desk sergeant has the same authority as any member of the force, under the law, and is authorized to participate in a raid to make arrests.”
“How did you happen to appoint him to that position with a murder charge pending against him?” the mayor was asked.
“I have no reason for keeping him out. He has never been convicted.” was the reply.
“Does he have authority to carry a gun and make arrests?” the mayor was asked. “Nothing was said about that,” McIntosh said, “but I suppose if anything came up which required his services away from the desk, as a police officer he would have the right to act as regular police officer.”
Mayor McIntosh declared after the shooting that he did not believe Ketch would have fired at Snodgrass unless he was justified and felt that it was necessary to protect his own life.
Arkansas City Traveler, Wednesday, May 10, 1922.
Walter Matthews was arrested this afternoon on complaint of several witnesses signed by Deputy County Attorney C. H. Quier, charging him with drunkenness. While under the influence of liquor yesterday afternoon he overturned his new Essex coach on the East Chestnut avenue road about a block and a half east of the Santa Fe railroad tracks.
About this time the Makey funeral procession was on its way to the cemetery east of the city, while Matthews was driving west coming into town. A number of people saw Matthews and his overturned car. Some of the witnesses say that he was not only drunken but abusive, and took occasion to use abusive language against the city administration. The car had a couple of fenders mashed and the top damaged. It is reported that George Tubbe was in the car with Matthews. No one was hurt. Matthews was brought into Justice J. W. Martin’s court this afternoon and gave bond of $500.00 to appear in court May 17.
Arkansas City Traveler, Tuesday, May 16, 1922.
“I’se guilty,” said Leo Decker, when he stood before Judge W. T. Ham in justice court last evening.
This was a case of quick action. Leo is the colored man who had a foot race yesterday to get away from Mrs. H. B. Clapp, of the Clapp grocery store at 608 North Summit Street, after he had robbed the cash till of $3.60. Leo was picked up at his home on Ninth Street yesterday afternoon by Chief Dailey and Policeman Fox. The chief asked: “You didn’t know that bloodhound would track you right to your home, did you?” The evidence was so strong the negro immediately pleaded guilty. The fact that the officers did not have the bloodhounds out made no difference.
After his arrest a state warrant was sworn out by Deputy County Attorney Quier and the prisoner was taken before Justice Ham, who fined him $50 and gave him a jail sentence of sixty days. He was handed over to Deputy Sheriff Fred Eaton. The entire transaction from the arrest to the time of landing in the county jail was completed in less than two hours.
Arkansas City Traveler, Wednesday, May 17, 1922. Front Page.
Walter W. Matthews, 221 East Washington Avenue, was fined $250 by Justice J. W. Martin this morning for driving an automobile while drunk.
Matthews was driving his new Essex coach west on the East Chestnut avenue road, May 9, approaching town, and was within a block or so of the Santa Fe railroad when he ran into the ditch and overturned his car. George Tubbe was in the car with him. Neither party was injured, but the car was considerably damaged.
Life was endangered by the fact that Matthews, according to the evidence, was driving his car rapidly and in a reckless manner. Guy Crutchfield testified that he just barely missed his car when he passed him, that he was going 40 miles per hour and “driving all over the road,” with his car swaying. Crutchfield watched him and as he had expected, saw his car overturn. He had just passed a funeral procession when he went into the ditch.
On the following day several witnesses made complaint and Deputy County Attorney C. H. Quier swore out a warrant for his arrest. When arrested Matthews admitted to the police that he had been drinking.
Only a month ago Matthews had been arrested for the same offense. It being his first appearance in court on this charge, the fine at that time was made $50 on his promise that he would not again drive a car while in a drunken condition.
Attorney H. S. Hines represented him and asked Judge Martin at the trial this morning to make his fine this time the same as it was before, $50, and allow him his liberty on his promise that he would quit drinking.
“Under the amended law covering driving an automobile while drunk, the justice court would have the power to assess a fine anywhere from $25 to $500, as well as impose a jail sentence. The law takes cognizance of the fact that a drunken man at the steering wheel of an automobile is very dangerous to public life, and makes the penalty for violation severe,” said Judge Martin.
While this was the second time Matthews had been brought into court for violation of this law, it seems there have been several cases of reckless driving on his part, and minor accidents in which the parties concerned did not have him arrested. Taking all the facts into consideration, Judge Martin slapped on a good stiff fine, in the hope, as he stated afterwards, that it would do some good in this particular case as well as being an object lesson for others who may have a penchant for drinking and driving at the same time.
Attorney Hines took advantage of his prerogative and asked that the case be appealed to the district court at Winfield. Matthews gave bond in the sum of $600, which was signed by Ray Hudson of the Hudson garage.
Arkansas City Traveler, Monday, June 12, 1922. Front Page.
That the prosecution of Policeman Frank Ketch, charged with the murder of Everett Snodgrass, 23, overseas man, will be pressed by relatives to the full extent of their resources, was indicated today in the retention of H. S. Hines, attorney, to assist the county attorney’s office.
Mrs. Margaret Snodgrass, mother of the slain boy, residing at 410 North Tenth street, said, “I do not mean to cast any reflection on the county attorney or his deputy. Friends have recommended that I engage Mr. Hines because he has had a number of years experience with cases of this kind.”
Mr. Hines said, “I have been retained to assist in the prosecution, and is no more reflection on the county attorney than when one legal firm is joined by others in conducting a case that requires considerable time and several lawyers to give study and their time.”
At a conference held with Deputy County Quier today, it was agreed that Mr. Hines could assist in the case. Several other attorneys and relatives of Snodgrass were present.
Ketch is represented by Attorney William Cunningham. He was bound over to district court at his preliminary hearing on second degree murder charge. His case is expected to come up in district court in September.
Recently Mrs. Snodgrass, mother of Everett, addressed a letter to the newspapers, mayor, and city commissioners, asking that Ketch be removed from office. He was suspended after the preliminary hearing and later reinstated as desk sergeant. The city commissioners have taken no action in the matter. Ketch is still acting as desk sergeant.
C. H. Easley.
Arkansas City Traveler, Monday, June 12, 1922. Front Page.
C. H. Easley, proprietor of the Cozy Corner Café, was taken into the state court of J. W. Martin late this afternoon, on a warrant charging him with arson. The case was set for hearing on June 22, and bond was fixed at $1,500. Easley said, “It’s a cruel, cruel world.”
Arson is charged against an Arkansas City restaurant keeper, C. H. Easley, in the state court today, by E. E. Fitzpatrick, deputy state fire marshal, of Wichita, and a warrant was placed in the hands of Deputy Sheriff Fred Eaton, late this afternoon for service.
The warrant followed a secret inquisition held this morning at the office of Fire Chief Frank Brandenburg, and which was conducted by Mr. Fitzpatrick and Deputy County Attorney C. H. Quier. The charge is that of setting fire to his place of business, the Cozy Corner café, located at 121 East Fifth Avenue, on the morning of Friday, June 9. The papers were out of Judge Martin’s court.
Fire Chief Brandenburg and his men, who answered the alarm at 12:30 o’clock that morning, found a tub on the floor of the place of business and the tub was about half filled with coal oil. The interior of the café was all ablaze and the firemen had a difficult time in quenching the flames.
The complaint in the action, which was signed this afternoon by Mr. Fitzpatrick, alleges that the defendant, Easley, “did then and there unlawfully and feloniously set fire to and burn a certain building and its contents, composed of groceries and restaurant fixtures and with the intent to defraud and prejudice the insurer of said property, the location of the property being 121 East Fifth Avenue.”
It is alleged by the state officer and the fire chief of this city that there was insurance on the goods and fixtures to the amount of $2,000, and that the said defendant set fire to the place for the purpose, as herein stated, of collecting the insurance. The case will come up at a later date for preliminary hearing. The insurance in this case was written by the Hess Real Estate Co., for one of the companies for which this firm is agent.
Easley, it is stated by the local officials of the fire department, collected insurance on a fire in the same location, which occurred early on the morning of March 10, last.
If convicted on the charge named in the complaint, there may be a sentence of seven years in the state penitentiary attached. The complaint constitutes the third degree larceny, or arson.
Deputy State Fire Marshal Fitzpatrick and Miss Elsie Campbell, stenographer, from the office of the state fire marshal at Topeka, arrived in the city this morning and remained here during the day, following the inquisition held at the office of the fire chief.
Arkansas City Traveler, Monday, June 19, 1922.
Register of Deeds: Annette Webb. Paul Miller, Winfield.
Clerk of District Court: Anna L. Tonkinson.
County Clerk: Mrs. Harriet Veris.
County Attorney: C. H. Quier, Deputy County Attorney; Harry V. Howard.
Probate Judge: J. W. White; W. T. Ham.
Sheriff: [for 2nd term] C. N. Goldsmith.
V. E. Creighton.
Arkansas City Traveler, Wednesday, June 21, 1922.
Judge J. A. McDermott was in the city today from Topeka, to confer with County Attorney Ellis Fink and Deputy C. H. Quier, and with the men in charge of the defunct Traders State bank, in the case of the state versus V. E. Creighton, former president of the bank. The cases, four in all, are set for further preliminary hearing on June 26. Judge McDermott stated that the state’s attorneys would prepare and file a new complaint, in the first one of the charges, that wherein Creighton is alleged to have made a false statement to the state bank commissioner, in regard to a $5,000 note. This will be filed with the court here before the date of the trial, next Monday, it was stated today.
So far as is known at this time, the cases will be taken up again at that time and the states’ attorneys say that they are ready for the hearing. W. L. Cunningham, attorney for Creighton, stated today that so far as he knows at the present time, his client will be ready to take up the cases again on the date named.
C. H. Easley.
Arkansas City Traveler, Wednesday, June 21, 1922.
The case of the state versus Harve Easley, on the charge of arson, will be called for preliminary hearing in Judge Martin’s court tomorrow morning at nine o’clock. Witnesses in this case were being summoned this afternoon by Deputy Sheriff F. A. Eaton. Deputy County Attorney C. H. Quier, and Deputy State Fire Marshall E. E. Fitzpatrick, of Wichita, will prosecute and Atkinson & Pringle will defend.
Easley is the proprietor of the Cozy Corner café at A street and Fifth avenue and the deputy state fire marshal filed complaint against him a week ago on the charge of setting fire to his place of business for the purpose of collecting the insurance on the place.
Arkansas City Traveler, Thursday, June 22, 1922.
C. H. Easley, the Arkansas City restaurant man, who was arrested June 12 on a warrant charging him with arson, was bound over in the state court of Judge J. W. Martin today, and the defendant was released upon giving a bond of $1,500 for his appearance in the district court at Winfield.
Easley is the proprietor of the Cozy Corner café, corner of Fifth Avenue and A street, which place he was operating at the time of the fire which called out the fire department early on the morning of June 9, and which place he is continuing to operate at the present time.
The state was represented by E. E. Fitzpatrick, deputy state fire marshal, who signed the complaint alleging arson against Easley; C. E. Carroll of Alma, Kansas, special attorney; and C. H. Quier, the local deputy county attorney. The defense offered no testimony in the preliminary hearing.
The testimony of the prosecution was to establish a certain line of alleged facts and along this line there seemed to be no conflicting statements. Among the first witnesses on the stand, Chief Frank Brandenburg of the fire department, testified that the fire was set by somebody. An effort was made to establish a motive that would prompt such an act on the part of the defendant. The statements brought out in this regard were to establish the contention that the property of the defendant, the fixtures in the café, were greatly overinsured. There was other testimony offered to back up the contention that the place was not doing much business.
The testimony bringing out statements with reference to the fire itself was offered by Mr. Brandenburg, as fire chief; Claude Vaughan, who was among the first to see the blaze and with whom the insurance was placed; and Policemen Charles Jobe and Sims. This testimony all agreed that the fire was towards the rear of the building, that a tub of burning fluid was taken out believed to have contained coal oil, that some of this fluid was on the floor and had run down the cracks in the floor where it had burned. One policeman, Sims, testified positively that the fluid was coal oil. The flames poured upward from this container nearly to the ceiling, the testimony showed. The tub was taken out by Brandenburg and Sims, the fire chief using a hook, and the police officer a rake, to prevent getting burned.
Shortly after the tub had been removed and the fire extinguished, Officer Jobe went to the home of the proprietor of the place and when told of the fire, he made a remark to the effect that it was just like his luck.
G. W. Kidwell of Dinty Moore’s cold drink and lunch stand, O. A. Pack, former local restaurant man, and Charles R. Rawlings, of the Royal café, offered testimony as to the value of the fixtures of the Cozy Corner café. The value placed upon this property by Messrs. Kidwell and Pack was $330. Mr. Rawlings placed the value at $200.
Daniel Mallerson of the Model rooms, who is also a candy man, had “dickered” with Easley to buy the place, the latter at first asking $1,500, but coming down to between $1,200 and $1,300, according to Mallerson’s testimony, and the only reason he did not buy it was because he could not get the money at the bank, the witness testified.
Clarence Benters, the negro dishwasher at the Cozy Corner, denied having any knowledge of any collusion between a man named “Drummond” and Easley.
Attorney Carroll closed the preliminary hearing by making a brief statement outlining the portent of the testimony and asking that the defendant be bound over to the district court. Judge Martin immediately gave his decision accordingly, and the bond was placed at $1,500, which was arranged.
The special attorney of the state, Mr. Carroll, stated that he was here at the request of the state fire marshal, owing to the extreme situation and peculiar character of the case, but not because of any deficiency on the part of the local officers or deputy county attorney.
Immediately after the conclusion of the hearing, the deputy fire marshal issued a statement. “I not only believe that the local attorney, the men of the fire department, and the local police did their entire and full duty in this case, but I am pleased to note that each and all of them showed exceptional efficiency.”
The defendant was represented by the law firm of Atkinson and Pringle of this city. Elsie Campbell, chief clerk of the state fire marshal’s office at Topeka, made the stenographic record of the testimony.
The cross questioning for the defense was by Attorney Tom Pringle.
V. E. Creighton.
Arkansas City Traveler, Monday, June 26, 1922. Front Page.
At 3:30 o’clock this afternoon the third witness, Frank Hensey, was on the stand in the case of the state versus V. E. Creighton, which is up for preliminary hearing in the justice court of W. T. Ham. E. H. Armstrong was the first witness and he was on the stand from 11 o’clock this morning until 3 this afternoon. He was asked many questions in regard to the entries of certain bonds in the bank, and there was nearly a wagon load of books of the banks in the courtroom, which were referred to in connection with the testimony in the case. The bone of contention is the Letha Creighton note, in regard to which the former president of the bank is charged with making the false entry.
Mr. Armstrong testified that there were six different notes showing on the books which were said to be used in taking up the Letha Creighton note, of over $5,000. The witness also testified as to certain “scratches” on the books, but he stated in answer to the question by the attorney for the defendant, that he did not mean to say the books had been changed. He was asked if the borrowed bonds in a certain transaction had been sent to the Commerce Trust Co., at Kansas City, and he said the books showed that they had been sent there. He stated on cross examination that anyone familiar with the books of the bank could tell this, on examination of the books.
He was asked in regard to the entries of the Bella Smothers note for $3,675, the J. N. Day Note for $6,600, the Creighton note for $5,000, and the Creighton estate note for the same sum.
Walter Olson was the second witness and he testified as to the sending of the Farmers Union bonds for the sum of $4,150 to the Commerce Trust Co., at Kansas City. Hensey testified to the same transaction. Olson said that Creighton told him, when he asked in regard to the Farmers Union bonds, that they were held by the bank as collateral to the Farmers Union bonds, that they were held by the bank as collateral to the Farmers Union note, and that he had a right to handle them in that manner. The receipts given by the bank to Mr. Allard, of the Farmers Union, for the bonds, were identified by Olson and Hensey.
Mrs. Ream and J. N. Day were called as witnesses, but were not placed on the stand up to four o’clock this afternoon.
The case was called at about 10:30 o’clock this morning for a continuation of the preliminary hearing, which was postponed several weeks ago and Judge McDermott for the state, made the opening statement. He related the different points of the new complaint, which was read in court before Judge W. T. Ham this morning, and in the presence of the defendant. E. H. Armstrong, for the state banking department, who is the assistant to Receiver B. V. Curry, was the first witness called. He testified as to the items described in the new, or amended complaint. He was on the witness stand until the noon recess and the taking of his testimony was renewed at 1:30 o’clock this afternoon.
There was quite an array of attorneys for the state in attendance at the hearing this morning, and Hon. W. L. Cunningham, of this city, was the only one on hand representing the defendant. There did not seem to be as great an interest in the hearing as there was at the first sitting, there being none others but the attorneys, witnesses, officers, and one or two disinterested lawyers in the courtroom. Judge J. A. McDermott, of the state industrial court, County Attorney Ellis Fink, and Deputy C. H. Quier, were all on the side of the table represented by the state. Witnesses on hand and who were sworn at the outset of the hearing today were Hugh H. Wright, of the state banking department, E. H. Armstrong, Walter Olson, one of the directors of the bank and at this time in the employ of the receiver, and A. A. McFall, cashier of the failed Citizens bank of Geuda Springs.
McDermott related to the court what the state intended to prove in the hearing, which is now in progress, and gave item for item, the matter contained in the new complaint, which sets forth that the defendant made a false statement to the bank commissioner, in the publication of the statement of the bank on December 31, 1921.
There are four different charges placed against the former president of the bank, the one wherein he is charged with making the false statement to the bank commissioner, in the matter of the Letha Creighton note for a little over $5,000; and on the same complaint, one in relation to a note of his own, for the sum of $5,000, both of which he failed to show in the alleged false statement.
The other cases are one signed by Mrs. A. D. Farnsworth, wherein she alleges she was sold $600 worth of stock in the bank, without her knowledge; one wherein C. G. Holmstein, a Santa Fe employee, made complaint in regard to a note for $350; and one by the Farmers Union, involving the sum of $1,150, which the manager of the union stated at the time the case was filed had been misappropriated by the banker.
Recap of Amended Complaint.
First count: False report and statement as to the financial condition of bank on December 31, 1921, to F. H. Foster, Bank Commissioner of the State of Kansas.
Second count: Letha L. Creighton Note. Note was worthless and was not a bona fide asset of said bank.
J. N. Day Note: Note was worthless and was not a bona fide asset of said bank.
Belle Smothers Note in the sum of $3,675. It turned out that she only owed $1,500. Note was not a bona fide asset of bank for its face value.
“George Creighton Estate, by V. E. Creighton, Adm,” for the principal sum of $3,800. V. E. Creighton did not have the authority to execute or deliver any note on behalf of said estate. Note was not a bona fide asset of bank.
That the said false report and statements so made by the said V. E. Creighton in manner and form aforesaid, were with the intent and for the purpose of deceiving the said F. H. Foster, bank commissioner, and the above named deputy bank commissioners
Arkansas City Traveler, Tuesday, June 27, 1922. Front Page.
V. E. Creighton, president of the failed Traders State Bank of this city, which was closed by the state bank commissioner March 15, 1922, was bound over for trial in the district court of Cowley County at the conclusion of the preliminary hearing on the charge of making a false statement to the state bank commissioner in regard to the financial condition of the bank on December 31, 1922, before Judge W. T. Ham in the state court here this afternoon. Bond was fixed at $7,500, the same as it was before the hearing, and the bond was furnished soon after the hearing was ended.
Immediately following the conclusion of the case in regard to the false statement charge, Judge McDermott, for the state, announced that the case wherein Mrs. A. D. Farnsworth was the complaining witness, and in which she charges fraud in the matter of the alleged purchase off capital stock in the bank in the amount of $600, would be heard. W. L. Cunningham, for the defense, suggested that there be a rest from the taking of further testimony as the first case has been on most of the time since ten o’clock Monday morning, and to this McDermott stated that “we shall go right on with the other cases now and clean them all up.”
When this announcement was made, Deputy Sheriff F. A. Eaton was instructed to bring Mrs. Farnsworth into court.
There are yet two other charges to be heard in the now famous bank failure, one of the complaints having been made by C. G. Holmstein and the other by the Farmers Union Elevator Co. The two latter were brought before Judge J. W. Martin some time ago. The defendant has been under a total bond of $11,000 for several weeks past.
The first preliminary was begun several weeks ago and was continued from time to time until yesterday, when the special prosecutor for the state, Judge J. A. McDermott, of Topeka, announced that the state was going to bat in this matter. The state showed its full hand, in the false statement case, and the court immediately announced that the defendant would be bound over for trial in the district court. With Judge McDermott, on the side of the state, were County Attorney Ellis Fink and Deputy C. H. Quier, all during the case just completed. W. L. Cunningham, alone, is defending Creighton.
When the case was called at 2 o’clock today, Attorney Cunningham announced that the defense would not introduce any testimony. Then the state recalled E. H. Armstrong, assistant to the receiver of the bank, who is in charge of the affairs now and he testified in regard to the stockholders fund, and the new capital stock, which it is alleged the bank was selling just prior to the time of the closing of the institution. Armstrong testified that “nearly” all of the new stock certificates were signed by V. E. Creighton. He said in this regard: “I found the accounts of the stockholders fund and made notations thereon. I found a number of subscribers for new stock, but nothing to show the authorization to increase the capital stock. The origin of these items I found in two accounts, ‘special No. 2' and ‘stockholders.’”
Many of the stock subscriptions were then offered in evidence and were read into the records of the trial. Among the names in this regard were the following: F. C. Fox, five shares, marked “Received by Creighton;” Mrs. A. W. Farnsworth, four shares; A. A. McFall, twenty shares; Mary C. Morris, three shares; V. E. Creighton, ten shares; Walter Olson, five shares; John Keller, four and one half shares; J. V. McMahon, five shares; C. A. Ames, three shares; W. L. Cunningham, ten shares; Stella Adams, one and one half shares; Dessie Adams, one and one half shares; H. S. Collinson, five shares; H. H. Harrington, six shares; R. T. Keefe, five shares; C. G. Holmstein two shares; Ellen Miller, ten shares; Mrs. M. C. Crouse, fifteen shares; Allen Wakefield, fourteen and fifteen shares.
On cross examination Armstrong stated that the state bank commissioner had advised the bank not to take steps to increase the stock at that time, which was in the month of December, 1921. He said he had found a letter to that effect.
Here the case closed and the charge made by Mrs. Farnsworth was under discussion by the attorneys late in the day.
The sum and substance of the testimony at the hearing Monday afternoon, was as follows.
The feature of the evidence was the cross examination of A. A. McFall, former cashier of the defunct Citizens State bank of Geuda Springs by W. L. Cunningham, for the defense. Mr. McFall was subject to a “close-up” and very trying questioning, but he answered all the questions in an emphatic manner. When the attorney asked him if he had not pleaded guilty to the charge of embezzlement, or had waived hearing on that charge, Attorney H. S. Hines, who was present as McFall’s lawyer, quickly spoke up and advised his client not to answer. Asked if he desired not to answer, on the grounds that his testimony might tend to incriminate himself, he answered in the affirmative and was excused from giving answers to such questions. At the close of the re-cross examination of this witness, the state rested, but Attorney McDermott reserved the right to have the testimony of Mrs. Belle Smothers, today, provided the defense was going to put witnesses on the stand. Cunningham declined at this time to state whether or not he would put on evidence for the defense today, stating that he preferred to have a talk with his client, V. E. Creighton, before making that decision.
Both Creighton and his wife were in the courtroom all day yesterday, but neither of them spoke to his attorney nor made suggestions of any sort as to the cross examination of any of the witnesses by Cunningham.
The cross examination of Hugh H. Wright, of the state bank commissioner’s office, was taken up immediately after the lunch hour yesterday.
There were no new developments in this testimony, the sum of which was the same as that given at the former preliminary. In regard to an entry on the books, where there was a certain sum of $2,000 charged off, witness said that Creighton had told him this was secured by real estate. In answer to questions by Attorney McDermott, witness said the Letha Creighton note was not listed in the assets of the bank at one time when he made an examination of the bank, and that he did not know where it was at that time. He stated that Creighton said it had been paid. Witness said Creighton said it had been paid by the substitution of other notes, from the Geuda bank. There was one note for $250, he said, signed by Mrs. M. C. Crouse, which he was told had been paid. Wright said he did not know at that time whether or not the Crouse alimony had been paid. He said the McFall personal notes had been sent to the bank here, and charged to him.
Mrs. Flora Ream, bookkeeper at the bank, was the next witness. She testified as to a certain conversation between Creighton and Mrs. Smothers, in the bank last November, and said Creighton made the statement that evening that he had made $2,000 for the bank that day, that he was tired, and was going home. On cross examination she stated she did not know if anyone else in the bank heard the statement of Creighton and that she did not see the entry of the $2,000 on the books of the bank.
A. A. McFall said: “I had seen the Letha Creighton note and think it was made payable to V. E. Creighton, and the amount was $5,251.92. I came in possession of the note at my bank; it was sent to me through the mail. I had the Ed. Conley note for $1,137.10 and the W. L. Hower note for $3,982.36. I remitted them to the Traders bank and made a memorandum on the journal. They were sent here for credit, and to take up an overdraft of mine in the Geuda bank. After this the Letha Creighton note was mailed to me with a letter, which I left in the files of the bank. Mr. Wright said he did not want to handle the note in that manner and he did not list it as an asset of the Geuda bank. I afterwards exchanged it to Creighton for his personal note. Mr. and Mrs. Creighton came to my bank and in their auto outside the bank we discussed the affairs of the two banks. I demurred to give up the Letha Creighton note and Creighton said, ‘You know it is a fake note and is of no value.’ I finally gave it up as they out-talked me. Creighton told me we must get the note out of the way and said, ‘You know the way we handled those bonds was illegal.’ Creighton tore up the note and dropped the pieces in the bottom of the car. (Here the witness identified one of the Letha Creighton notes.) I received two insurance policies as security.”
On cross examination witness said: “I did not credit $100 given me by Mrs. Creighton, on the back of the note. I had had an overdraft to the Traders bank for several months. I have been arrested.” Here McFall’s attorney told him not to answer questions relating to his case in the state court.
Walter Olson, assistant cashier of the Traders bank, testified: “I recall the Ed. Conley and the W. L. Hower notes, the writing on them is that of Creighton.”
E. H. Armstrong was recalled to the stand. Asked about a certain document, he stated: “I found this on the floor of the bank as it dropped from the box of personal effects of Creighton.” Can you explain how the Letha Creighton note was taken out and its place filled by other notes, he was asked. “It was credited out of the loans and discounts and replaced by the Conley, Hower, and Crouse notes, totaling the same amount as the Letha Creighton note.”
P. T. Wimer of the state bank at South Haven, who is the assistant to the receiver of the Citizens State bank at Geuda, was the next witness. He was asked in regard to certain entries on the books of the Geuda bank and read the credit of the $5,000 on the books, on March 2, 1922. He testified that, “There is $5,000 difference in the two accounts, of the Traders and the Citizens banks, according to the books.” On cross examination he said some of the handwriting on the books was different from others and that McFall had two girls at work in the bank at different times, which might account for that. He said he had not found the letter in regard to the Letha Creighton note, in the files of the Geuda bank.
J. N. Day, of Arkansas City, was a witness and he testified as to a note for the sum of $6,600, in the Traders bank, signed by him, and which had been renewed several times. “I signed that note. It was in regard to the Sanitary Bakery deal. I was to operate the bakery for 60 days, and with the understanding I could purchase it if I found it a paying business. It was not a paying affair, and I would not buy it. I signed that contract, as did J. R. Hayden, and with the understanding that it was not to stand unless I decided to buy the place. I renewed the note on Oct. 31, 1921, and again on January 17, 1922. I never made any payments on the note and I was not asked for any interest. I was told the notes were of no value and was later sued on these notes, and judgment was rendered in my favor in the district court of this county.”
On cross examination by Cunningham, Day said: “I did not get a bill of sale for the bakery. Hayden gave me a list of the goods in the place and I understood my note was not to draw interest. The bank closed while I owed the third note in question.”
Armstrong was recalled and testified as to a conversation with Creighton and McFall, in regard to the Letha Creighton note. He said he was never able to find any letter on the matter.
Here the state rested and the case was put over until today for further hearing, as stated above.
Arkansas City Daily Traveler, Friday, August 4, 1922. Front Page.
Late today C. H. Quier, deputy county attorney, said he expected to have an arrest made in the shooting affair at a hamburger stand here last night, probably tomorrow. Earlier in the day he said it was up to the police to handle the matter. Police Chief Dailey said he had turned the affair over to the county attorney and that none of his men were working on the case now.
Arkansas City Traveler, Friday, August 4, 1922.
“Choc” Collins, proprietor of the St. Charles rooms, 401 South Summit Street, shot a man reported to be Jack Carlile, in the Sunflower hamburger stand, 105 West Adams Avenue, about 9 p.m. last night, in the shoulder. The two men staged a gun play in the stand following an alleged attempt by the wounded man, who was “a bad man from Texas,” according to Collins, to hold up Collins in his rooms. “It was not Jack Carlile,” declared Collins. “He was a real bad man from Texas, and if my gun hadn’t jammed, you would know who he is today.”
The other man’s gun jammed too and they battled with their fists until Collins admits he was getting the worst of the fight, and went back to his rooms for a shotgun. When he returned the other man had gone. Meanwhile, according to an eye witness, Mrs. Collins pulled a “45” on the unidentified man and threatened to shoot him. He talked Mrs. Collins out of shooting, however, the witness said. Mrs. Collins denies that she participated in the battle.
The first officer of the law to learn about the shooting is reported to have been Deputy U. S. Marshal Summers, who is said to have been deputized as a special officer for the Frisco railway company at this point. He reported the affair at the police station, and together with Chief Dailey and Policeman Atteberry, they went to see Deputy Sheriff Fred Eaton and all the information that these officers could get in the matter was turned over to Deputy County Attorney C. H. Quier for the purpose of having state warrants sworn out against each of the parties for fighting and using deadly weapons.
Up to a late hour today no warrants had been issued. Carlile could not be found, and is reported to have got out of town immediately after the shooting. Collins refused to make any statement to the police. About all that could be learned about the matter is the statements of eye witnesses.
Fred Dennis, whose place of business is at 101½ East Central Avenue, in the basement under the Ormiston shoe store, corner Central Avenue and Summit Street, tells a lurid story of the affair.
“I was in the hamburger stand near the front door, when Collins entered the front door, with a gun in his hand, and muttering, “Here you are, you s___ of a b_____, I might as well finish you now.
“The man whose name was given as Carlile, was sitting on a stool and at the approach of Collins, he turned on the stool and started to get up and just as Collins fired a shot, Carlile hit Choc’s arm and deflected his aim, but the ball hit Carlile on the right shoulder, inflicting a wound, which bled profusely. There was a hole in the back screen door which looked like a ball had passed through the screen, and the supposition is that the ball glanced from Carlile’s shoulder and went out through the screen.
“After the shot Carlile got his arm around Collins’ neck and held Collins’ arm in which he (Collins) was holding the gun and trying to fire another shot into Carlile; and in the meantime, Carlile had also taken a gun from under his shirt, and in the scuffle that followed, the gun held by Carlile was fired, the bullet striking the east wall of the building near the floor, the direction of the ball being downward and forward towards the front of the house. After the first shot Collins’ gun became jammed. Carlile being the bigger man of the two got the advantage of Collins in the scuffle, pointed his gun in Collins’ face and told him to drop his gun, which Collins did. Then Carlile dropped his own gun and went to it to engage Collins in a fist fight. By this time the fight had been transferred to the outside of the building.
“Carlile was getting the best of Collins, and Collins then turned and ran up the back stairway to get his shotgun, it was reported.
“But Mrs. Collins came down the back stairway with a 45-automatic which she held up against Carlile’s stomach and threatened to kill him. Carlile told her he was only defending himself against Collins’ attack, and in this manner talked the woman out of shooting.
After the two guns had been dropped, parties picked them up and gave them into the keeping of Fred Van Sickle, who was making hamburgers and in charge of the stand at the time. After the fight the guns were given back to their respective owners. Carlile then got in his car and left the scene of the fight.”
Not being able to locate Mr. Collins this forenoon, Mrs. Collins was interviewed at the St. Charles rooms. According to her statement, she only saw what took place before Mr. Collins entered the hamburger stand.
“The man had come up to the rooms and after asking about the price of a room, gave me a $20 bill. I asked Mr. Collins if he could change the bill and he took out a roll of bills to make the change. At this time the man said to wait a minute, he wanted to see another party before he engaged the room.
“He then got a gun and tried to hold Mr. Collins up, pointing a gun in his face. Mr. Collins did not have any gun. He told Carlile to shoot, if he had the nerve. But instead of shooting, Carlile then ran down the back stairway.
Pretty soon Mr. Collins said he was going down to the hamburger stand. I told him he had better not go empty handed. He got his gun and went down, going down the back stairway. I watched out the window. At the foot of the stairway, Carlile had laid in waiting and as Mr. Collins passed, he struck him with his gun on the head just back of the ear and knocked him down. Hearing the door bell ring at the front of the rooming apartments, I went to see what was wanted and I do not know what took place after that. When I went down the fight was all over.”
This afternoon Choc Collins gave his version of the affair as follows.
“This man’s name is not Carlile. He is a bad man from Texas. I have seen him before. He came up to the place to engage a room. I took him into a room and while in this room, he undertook to hold me up. He struck me on the head with a revolver, knocking me down, and tried to get a diamond ring off my finger. He then went into the hallway and ran down the back stairs. I got my gun and went to look for him and found him in the hamburger stand.
“I walked in and started shooting. After the first shot my gun jammed. Carlile was trying to get his gun out from under his shirt, but he was slow on the draw and I grabbed him. In the scuffle his gun was fired twice. My gun was of no use to me. I then started to fight with my fists, but this man, whose nickname is ‘Chunk’ or ‘Punk,’ was a bigger man than myself and he was getting the best of me. I then ran up the stairs to get my shot-gun, but when I returned, he was gone.”
Collins had a cut on his head back of his ear and the flesh was a purple color, showing a bad bruise. He also showed a cut and injury on his finger where the man had tried to get the ring off his finger.
Fred Dennis stated that there were several persons in the room when the shooting started; that he was standing near the front door, two girls were occupying stools next to him, and on the opposite side of the girls were Floyd Hacklemen, of the Rex rooms, Blackie Bailey of the refreshment stand in Paris Park, and Jack Carlile. When the shooting started, Mr. Dennis stated, one of the girls cried out: “Oh, My God, let’s get out of here.” Dennis heard a crash like a dish or glass breaking and found it to be a mustard glass, which was knocked off by a small boy making his way over the counter to get out of the building.
The officers who visited the hamburger stand last night tried to learn the facts from Fred Van Sickle, who was on the job at the time. Van Sickle was busy making hamburgers and at the time the shot was fired had his back towards the customers’ side of the room. When the shot occurred, he ducked behind the counter and did not see just what took place.
All parties in the room scrambled to get out and to get out of the way of the men engaged in the fight. The screen was knocked off of both front and back doors, the hamburger man reported. A big crowd had soon congregated in the street.
Choc Collins claims there were three shots fired; but according to eye witnesses so far interviewed, there were but two shots fired. Collins also claimed that the man had gone to Dr. Knapp, the veterinarian, to get his shoulder dressed, and he admitted that he shot him in the shoulder. When seen at his place today, Dr. Knapp denied having dressed the man’s wound. Later today Dennis stated that he was not sure that the man’s name was Carlile.
About 10:30 o’clock, a representative of the Traveler happened into the hamburger stand, where the shooting occurred, and listened to one of the men in charge as he told the story to a number of his customers who were lined up at the counter. He made the statement that the law man had been there making inquiries about the shooting, and asked him who did it. His reply was to the effect that he didn’t know who it was as he was lying on the floor as flat as an ironing board when it occurred. He also said that there were five men there and three ladies in the room when the trouble started. The five men broke the screen down getting out, and the three women just naturally disappeared; he didn’t know where they went.
The man Carlile is said to be the son of Mr. and Mrs. James W. Carlile, and his age is given as 31 or 32. James Carlile is the bridge foreman for the Frisco at this point. Jack had until recently been employed in a battery station on South Summit street.
According to information received from his home this morning, Jack Carlile had been down in Texas; and members of the family denied having any knowledge of the affair. They said he had left for Texas about six weeks ago.
Officer Atteberry had tried to “shake down” a man in an alley last night, and it was reported today that the man had a showing of blood on his right shoulder and the story was current that it was the man who had been in the fight. However, this occurred before the shooting took place, and the officer says it was not the man concerned in the shooting. The man was in the alley near the Osage hotel and said he was trying to evade his wife.
The report is also prevalent that a man by the name of Sweet was the man shot. As the story goes Sweet and Collins quarreled about gambling, resulting in the fight.
[COWLEY COUNTY PRIMARY: TOTAL VOTE.]
Arkansas City Traveler, Friday, August 4, 1922.
Final figures on the republican county candidates from the primary election of last Tuesday, as given out at Winfield this afternoon, are as follows.
Quier 1862; Howard 1775. White 2122; Ham 948; Brown 722. King 1646; Lee 2036. Webb 1569; Miller 1766. On the democrat ticket L. C. Brown had a nice lead over Alexander, for the nomination of representative.
Arkansas City Traveler, Saturday, August 5, 1922. Front Page.
Chas. “Choc” Collins, proprietor of the St. Charles rooming house on South Summit street, who was one of the two men who took part in a gun play and shooting on Thursday night in the Sunflower hamburger café on West Adams Avenue, was placed under arrest shortly before noon today and was taken before Judge J. W. Martin, of the state court, on the charge of assault with intent to kill, with a deadly weapon, upon a man at this time unknown, to Deputy County Attorney C. H. Quier, who signed the complaint. Bond was fixed at $1500 immediately and the case was then put off until 3 o’clock this afternoon in order that the testimony of two eye witnesses to the shooting might be taken this evening, as they desire to leave the city. In the shooting the other man was shot in the shoulder, but his identity is at this time unknown.
The witnesses are J. R. Stine, of Chillicothe, Mo., and J. H. Graham of 1227 South K street, this city. J. R. Stine is here on a visit with the Graham family; and he and the Graham boy will leave this evening for Missouri.
Deputy Sheriff Fred Eaton was given the warrant this morning and he went to the Collins rooms to arrest him. There he met Mrs. Collins, and she stated that Mr. Collins was not in at that time. The officer left word with her to tell Collins he wanted to see him. Then the officer went back down the street and stopped in front of the Zadie block, where the two justice courts are located. Very soon after that Collins drove up in his car and surrendered to the officer. They proceeded to the courtroom and Collins listened to the reading of the warrant. Then he asked to see a lawyer, as he said he did not understand the status of the charge made against him.
The court had at first stated that the bond would be made $2,000 and when H. S. Hines appeared for the defendant at the request of Collins, he stated that the bond was too high. He then argued for the bond to be reduced; and at the suggestion of the court and upon approval of the deputy county attorney, it was fixed at $1,500. The case was then put over until this afternoon, at which time the prosecuting attorney agreed to have a stenographer on hand to take the testimony for both the state and the defense.
The reason assigned for the request for a continuance of the case to another date was that Collins stated he was compelled to go to Kansas City on a business trip at once.
Attorney H. S. Hines stated to the newspapermen present at the hearing this morning that the report to the effect that the second man to the shooting was Jack Carlile, as rumor had it yesterday, was not true. He said that he knows positively, through the parents of the young man, that he is now in Brownsville, Texas, and that he has been there for several weeks. Mr. Hines stated that the parents of the boy are well known here and they are at this time operating a grocery store here. They have been residents of Arkansas City for a number of years. Jack Carlile has a wife and baby here at present. When the attorney was asked who the man was who had had the fight with Collins, he stated that he did not know.
In the courtroom this morning, Collins did not seem to be worried in the least and he laughed and joked with the attorneys and others in the room at the time. After he called Attorney Hines into the room to take charge of his case, he had nothing more to say, indicating that the lawyer had advised him to soft peddle the talk in regard to the fight and the shooting.
It was stated today by persons who claim to know some of the facts in the case, that the man with whom Collins had the fight Thursday night was known here as Thomas P. Bunch, and that his home is in Kansas City. It is said that he had been in the city for several days prior to the fight and the shooting scrape, and that he left that night. Since that time, the story goes, he has wired for his personal effects to be sent to him by express to Kansas City from a local hotel, where he had been stopping.
Collins was asked why the police did not arrest him, and he replied that he didn’t know “unless they were afraid,” and added he “didn’t intend to hurt them.” He said he had no intention to resist arrest, and surrendered himself as soon as he learned there was a warrant out for him.
J. E. Heard signed the bond for Collins. Hattie Franey was engaged by the prosecution to take the testimony in shorthand at the hearing today for the state.
Late today it was learned that J. R. Stine, one of the witnesses wanted for hearing this afternoon, had left the city before the officer had the opportunity to serve a subpoena on him. The only witness called in the case today was J. H. Graham, who desires to leave the city tonight.
James Henry Graham was examined as a witness in the “Choc” Collins case in the state court of J. W. Martin this afternoon. He stated that his home was on route 8, Carleton, Mo., in Carroll County. That he was here the night of August 3, and that he, in company with his friend, J. R. Stine, were walking down Summit street; and when crossing Adams avenue, he heard the report of a gun and saw people coming out of the hamburger stand nearly half a block west on Adams avenue. He and his friend went toward the stand as the men who were scuffling were coming out of the door. One had a gun and appeared to be trying to strike the other man with it; but was prevented from so doing by the grip the other man had on him. The gun was dropped and one man went back in the alley west of the hamburger stand and the other started up the street. At the corner of the St. Charles rooming house, the witness testified, he saw a lady with a gun in her hand who stopped the man and made him hold up his hands. Another fellow stepped between the man and the lady, then the man walked out on the sidewalk and stepped on the running board of a moving car. The witness saw three guns, two of which were revolvers and one a shot gun. He did not recognize Collins, who was in the courtroom, as being one of the men in the fight. Graham is a young man who has been attending school and was in the city visiting relatives. He agreed that if he happened to be in the state anytime in September or November, he would notify Justice Martin, so that he could be reached in case he was wanted if the case came up for trial in district court.
Arkansas City Traveler, Saturday, August 5, 1922.
Deputy County Attorney Quier says it is the city’s duty to arrest the participants in the gun battle that occurred at the hamburger stand on West Madison avenue Thursday night. The county attorney ought to know.
Arkansas City Traveler, Monday, August 7, 1922.
The case of state versus Chas. “Choc” Collins, in the court of J. W. Martin, which was begun Saturday afternoon, was continued for further preliminary hearing until August 14. The testimony of one witness, J. H. Graham, was taken and then the case was put over to the later date. J. R. Stine, another witness wanted at this time, could not be found and there was only the one witness in attendance at the trial that day. Collins gave bond in the sum of $1,500. It is said that Collins left on a business trip to Kansas City Saturday night. H. S. Hines represented the defendant at the trial. Deputy County Prosecutor C. H. Quier was on hand for the state, and Hattie Franey took the testimony for the state.
[FINAL COUNT: RESULTS OF PRIMARY/COUNTY ATTORNEY RACE CLOSE.]
Arkansas City Traveler, Tuesday, August 8, 1922.
Winfield, Kan., Aug. 8.—Just thirty-one votes was the margin by which Charley Quier defeated Harry Howard in the race for the republican nomination for county attorney, the final count and totaling by the county commissioners showed late Saturday afternoon.
County Attorney: Quier, 1743; Howard, 1712.
J. C. Wilson.
Arkansas City Traveler, Thursday, August 17, 1922.
Four hundred dollars cash bond was placed in the hands of Judge W. T. Ham this morning by J. C. Wilson, who was arrested at the carnival grounds in the north part of the city last night on the charge of having whiskey in his possession. And the four hundred was in lawful U. S. currency and was counted out to the court in tens, fives, and ones, but later one of the attorneys for the defendant exchanged three 100 dollar bills for that amount of the smaller ones.
Wilson was arrested by Deputy Sheriff Fred A. Eaton last night in one of the tents at the carnival grounds with eight pint bottles of alleged whiskey in his possession. When nabbed by the officers, Wilson did not deny the charge and he made the statement that he had just purchased it for his own use. The defendant demanded a jury trial when taken into court this morning and the case was set down for trial on Tuesday, August 22. H. S. Hines and W. L. Cunningham represented the man at the hearing this morning and Deputy County Attorney Quier was in charge for the state.
The man was captured by Officer Eaton after that officer had been given a “tip” and upon watching a man on the grounds who was carrying a grip. The man with the grip suddenly disappeared into one of the tents and the officer was “Johnnie on the spot” and also went inside the tent. There he was fortunate enough to catch Wilson with the goods, and just after the wet goods had changed hands, it is presumed. Wilson was said by the officers to be in charge of the eating house on the carnival grounds.
Arkansas City Traveler, Thursday, August 24, 1922.
Chief of Police Dailey received a telegram today from Omaha, Nebraska, stating: “Have in custody party named Bunch, who admits he shot Choc Collins. He has newspapers containing story of the shooting. Shall I hold him?—M. F. Dempsey, chief of police.”
The above bears out the story told by Choc Collins the next day after the shooting to the effect that the man who tried to shoot him was not Carlile, as was claimed by witnesses, but was “a bad man from Texas,” whose nickname was “Chunk” or “Punk.”
The telegram seems to leave no question as to the identity of the man who was engaged in a gun battle with Choc Collins in this city on the night of August 3, the affair taking place in a hamburger stand on West Adams avenue.
Upon receiving the above telegram, Chief Dailey, in company with the deputy county attorney, C. H. Quier, went to see Choc Collins, to ascertain if he would sign a complaint against the man Bunch.
Collins’ reply was: “I do not want to sign any complaint,” as reported by the deputy attorney.
Collins is being prosecuted on a charge of assault with intent to kill, the complaint being sworn out by C. H. Quier. Collins claimed that the man Bunch tried to hold him up in the St. Charles rooms, striking him on the head with a revolver, knocking him down, and trying to get a diamond ring off his finger, then running down the back stairs from the rooms.
Collins further claimed, in his statement to a reporter, that he then followed the man downstairs and found him in the hamburger stand and told the story of what happened there as follows.
“I walked in and started shooting. After the first shot my gun jammed. The man they called ‘Carlile’ was trying to get his gun from under his shirt, but he was slow on the draw and I grabbed him. In the scuffle his gun was fired twice. My gun was of no use to me. I then started to fight with my fists; but this man, whose nickname is ‘Chunk’ or ‘Punch’ was a bigger man than myself and he was getting the best of me. I then ran upstairs to get my shotgun; but when I returned, he was gone.”
In face of his story, that he had been the victim of an attempted holdup, and that this was followed by a gun battle with the man, and that the man has evidently been located and is being held in custody, Collins refused to sign a complaint for his arrest.
How the man Bunch happened to be in the custody of the Omaha police is not explained, but it is presumed he got arrested in that city and that the police found the Arkansas City newspapers on him telling the story of the shooting that had taken place here, and as a result held him to see if he was wanted here.
Late this afternoon the deputy county attorney, C. H. Quier, still had under consideration what course to pursue in the matter. Under the Kansas constitution there is no legal method provided whereby the state can bring Bunch here as a witness in the case of Choc Collins, nor can it get his testimony by deposition.
The only way open to bring Bunch into this state in connection with the Collins shooting affair, since Collins himself refuses to sign a complaint, is for the deputy or the county attorney to sign a complaint and swear out a warrant for his arrest on a charge of assault with intent to kill—the same charge that is lodged against Collins.
According to Deputy Attorney Quier, he could not do this without at the same time killing his case against Choc Collins. Late this afternoon no reply had yet been sent to the telegram.
Arkansas City Traveler, Wednesday, August 30, 1922. Front Page.
Still another criminal case looms up against C. C. “Choc” Collins today in the nature of an alleged liquor violation on three separate counts, the papers in which were filed shortly before noon, and the defendant is now under bonds totaling $2,500.
The new case was filed by Deputy County Attorney C. H. Quier in the court of W. T. Ham; and Deputy Sheriff F. A. Eaton arrested Collins and took him before the court. He was accompanied to the courtroom by his attorney, H. S. Hines, and the date of the preliminary hearing was set for September 5. Bond for $700 was signed by J. E. Heard.
The three counts in the case are for having liquor in his possession, selling intoxicating liquor, and maintaining a common nuisance. Bond in this case is $700, bond in the case now pending in the district court at Winfield is $1,500, and on the appeal case from the city court, which was tried last evening, the bond is $300, making a total of $2,500.
Arkansas City Traveler, Wednesday, August 30, 1922.
The case of Choc Collins, reputed bootlegger, who operates the St. Charles rooms, corner of Summit Street and Adams Avenue, came up in the city court at the 5 o’clock session last evening. The case was tried on two counts: selling and having whiskey in his possession. Upon the evidence and testimony submitted, the court fined the defendant $200 and 60 days in jail, or $100 and 30 days on each count. As Collins had a cash bond up, time was granted until today to arrange an appeal bond in the sum of $300.
The testimony was submitted by Officers Hixon, Cox, Charles, Chadwell, and Ballew, and conformed very closely to the Traveler’s report the next day after the arrest, which was made about 11 o’clock last Friday.
Hixon and Cox were the officers who framed the arrest. Hixon had just received his commission as city policeman, having been sworn in at 4 o’clock Friday afternoon and went on duty at 6 o’clock. Cox was also a new man, holding a commission as deputy sheriff, and which commission authorized him to enforce the law anywhere in the county.
Cox, the deputy sheriff, had been tipped off that Collins, operating the St. Charles rooms, was conducting a bootlegging joint and had also heard stories that the police were afraid to arrest him. “We’ll go after the big game first,” said Hixon. Notwithstanding the rapidity with which grass grows in Kansas, they allowed none of it to grow under their feet before getting into action.
So they accordingly repaired to the St. Charles rooms, where according to the testimony, they worked out the plan previously laid for the arrest of Collins.
“You look like the law,” said Hixon to Cox. “Let me go upstairs alone and buy the whiskey.”
Hixon testified he went upstairs, leaving Cox at the foot of the stairs. He rang the house bell near the register in the hallway. Collins appeared at the door of his room, the wooden door being open but the screen door being closed and fastened.
“Are you Mr. Collins?” asked the officer. Collins replied that he was.
Then Hixon related how he had represented to Collins that he was from Sedan and had a friend with him, also a couple of girls, naming two notorious characters at Sedan, and stated that he would like to purchase a pint of whiskey and also sign up for rooms, representing that his friend and the girls were in a car on the street.
Hixon informed Collins that a friend, Mr. Wall of Sedan, said he was acquainted with Collins and told him that he could buy the whiskey of him.
After considerable conversation, Collins produced the whiskey. Hixon took a good swallow of it, then drawing his gun, informed Collins that he was under arrest, the latter throwing up his hands in compliance with the officer’s request as he stood at the door of his room.
About this time Mrs. Collins came from her room in another part of the hallway. Mrs. Collins asked: “What’s all this about? Is it a hold-up?” According to Hixon’s testimony, the lady continued: “If it is jewelry you want, you can have it if you will leave the house.”
“Lady, I have your husband under arrest,” said the officer. At this time he called Cox, who immediately came upstairs; and taking in the situation, Cox stated that he drew his gun, which he held in his right hand over his shoulder to guard the actions of the woman. Hixon told Cox: “If she tries to get in that room, slap her.”
Officer Hixon testified that Collins then said, “If you hurt that woman, you will have to kill me.”
Hixon continued: “As soon as Cox came upstairs, I handed him the bottle of whiskey. Cox took the bottle in his left hand, setting it on the stand where the register was, pulled the cork, and tasted the contents, all the time holding his gun in his right hand.”
Collins refused to go with the men, saying he did not know them. He told them to get a policeman whom he knew and he would go. Cox went downstairs to phone the police station, returning after an absence of about three minutes. Policemen Charles and Chadwell responded.
Charles then told the two officers to go downstairs, which they did. On the street at the foot of the stairway, Cox gave the bottle of whiskey back to Hixon. Someone had reported trouble at the St. Charles rooms to Officer Ballew, who had gone to the rooms, going up the back stairway.
“What’s the trouble?” asked Ballew of Officer Charles. “Nothing,” replied Charles. Ballew then went back downstairs and went around the corner of the building to the front side. Hixon, who had taken the bottle of whiskey from Cox, held up the bottle in Ballew’s presence, testifying that he had removed the cork and that Cox also tasted the whiskey.
Hixon and Cox then went back upstairs; and while Hixon was standing with his back to Mrs. Collins, she slipped up behind him, grabbed the bottle from his pocket, and threw it some distance against a wall—breaking the bottle. Officers Hixon and Cox both saw the act while Charles only heard the smash, the testimony revealed.
Collins then refused to go with Policeman Charles without a signed complaint. Policeman Charles then went to the station and made out the complaint. After so doing, he telephoned to Collins, asking him if he would come down or if he should come after him. Collins said he would come down, and according to the testimony, went to the station “on his own hook.” Here he gave a cash bond of $100.
In Attorney Hines’ cross examination of Officer Hixon, the latter admitted that he had been in the employ of the Santa Fe railway as a guard. “Is it not a fact that you were discharged because of conduct unbecoming one in the position to which you had been entrusted? Isn’t it a fact you became too officious?” queried the attorney. Hixon replied, “I had difficulty with the Santa Fe officials and tendered my commission and resignation.”
In the cross examination of Deputy Sheriff Cox, Attorney Hines undertook to show that he was not a resident of Kansas, the imputation being that he had no right to act as an officer. The officer testified that the main part of his life had been spent in the army. “Where is your home?” asked the attorney. “At different places,” responded the officer.
“Did you live in Kansas City, Kansas?” “Yes sir.” “Where in that city?” “At different places.” “Where did you vote?” “I did not vote,” admitted Cox.
There was also a conflicting of testimony in regard to the manner in which Cox handled his gun at the St. Charles rooms. Both Cox and Hixon testified that Cox held his gun in his right hand over his right shoulder, pointing either back or upwards, during the entire time until the arrival of Policeman Charles.
“Did Officer Cox at any time hold the gun on Mrs. Collins?” asked the attorney of Officer Charles. The latter replied: “He did. He pointed the gun at her.”
In the process of cross examination, Attorney Hines brought out the admission on the part of Officer Hixon that he would have shot Collins had he attempted to get away.
“When you had Collins covered with the gun, would you have shot him if he had started to move away?”
“I told Collins he would be unlucky if he moved. I told him to remain where he was with his arms rigid.”
“But I asked if you would have shot Collins if he had moved?” the city attorney interposed, and Judge Brown told the witness to answer the question yes or no.
“Yes,” stated Hixon, “I would have shot.”
In the course of the cross examination, there was a sharp verbal encounter in which officer Hixon called the attorney a liar.
“Here, here,” “Tut, tut!” joined the judge and city attorney.
Attorney Hines then informed the young officer that he “meant business,” whereupon the officer retorted that he also “meant business.”
Hattie Franey made the stenographic report of the trial. Today a $300 appeal bond was arranged and the case was carried to the district court.
NOTE: There were discrepancies in the above article by newspaper.
“Hixon, who had taken up the bottle in Ballew’s presence, testifying that he had removed the cork and that Ballew also tasted the whiskey.”
[This does not agree with the first article in which it was stated that both Hixon and Cox had tasted from the whiskey. I changed article to show Cox, not Ballew. MAW]
Arkansas City Traveler, Monday, September 4, 1922. Front Page.
“Choc” Collins went to the office of Deputy County Attorney, Chas. Quier, Saturday evening and asked that officials to have two warrants sworn out for the arrest of N. B. Hixon on the charge of white slavery and on the charge of perjury. Collins showed the deputy county attorney an affidavit from Mrs. Hixon, stating that she had not seen Hixon since Aug. 2., at Coffeyville, Kansas. Hixon testified he had lived here with his wife since that time. Collins asked for the issuance of the warrant immediately, by Deputy County Attorney Quier.
After taking the matter up with County Attorney Fink of Winfield, he refused to issue the warrants Saturday evening. “We want time to investigate the evidence submitted on these charges, and the warrants will be issued if the evidence is considered correct and sufficient,” said Deputy County Attorney Quier.
Recently Collins was convicted of selling liquor, in the police court in this city. He pled not guilty and appealed to the district court upon being convicted, according to the testimony in the police court. Hixon, a new policeman, swore he purchased whiskey of Collins, then drew his gun, and had Collins placed under arrest. After conviction in police court, Collins was arrested by the state on a warrant from Judge Ham’s court, and his preliminary hearing occurs in that court tomorrow.
Hixon, who claims he bought the liquor of Collins and who had him placed under arrest, is now in the county jail, being held there on the charge of having had liquor in his possession. Collins claims he never sold Hixon any liquor, that Hixon came to his place with the liquor in a bottle in his pocket. Hixon is also wanted at Independence by the sheriff of Montgomery County, on the charge of wife desertion. After the Cowley County officers are through with him, he will be turned over to the Montgomery County officers. The deputy county attorney will probably do nothing in regard to issuing warrants for Hixon, upon the charges of white slavery and perjury, until after the hearing of the Collins liquor case, which is set for tomorrow in Judge Ham’s court. Deputy County Attorney Quier says he feels it is an attempt to discredit the state’s witness.
Arkansas City Traveler, Tuesday, September 5, 1922. Front Page.
J. J. Noonan, of this city, was placed under arrest here today, on the charge of offering a bribe to a witness in the C. C. “Choc” Collins liquor case, which is being tried in the state court at present, and Noonan was being held in the city jail this afternoon without bond. County Attorney Ellis Fink, who is here to assist Deputy C. H. Quier in the prosecution of the Collins case, said that Collins would be placed under arrest on the same charge this evening. “Collins will have the same sort of warrant served on him, just as soon as the testimony in the liquor case is ended this evening and will be tried on the charge of offering a bribe to the witness, N. B. Hixon,” the county attorney told the reporters this afternoon, just as the testimony was begun in the liquor case. If convicted on this charge, it is considered a serious offense.
At three o’clock this afternoon, the jury in the case of the state versus C. C. “Choc” Collins, who is on trial in the state court of W. T. Ham, on the charge of selling liquor to Policeman Hixon, had been empaneled and was ready to hear the testimony. The trial is in progress in the city court room at the city hall and there was a large crowd of spectators in attendance. Seating room was at a premium and many were standing, so eager were they to get a glimpse of Collins and the star witness, Hixon.
The jury when ready for business was composed of the following: W. W. Mansfield, Otto Kelsow, A. N. Hogan, J. L. McGavran, Frank Webb, Guy Ecroyd, J. M. Fagan, Otis Finch, M. J. Holmes, J. W. Morhain, E. A. Bigley, and Norman Musselman.
The witnesses in the case to be examined before the jury are Hixon and three of the regular city policemen, who were on the scene the night of the arrest of Collins. Otto Cox, the other special officer, who was with Hixon at the time of the arrest, did not appear at the trial today; and the prosecuting attorneys are of the opinion that he has left the country, as he has not been seen here for several days.
The state’s attorneys promise some startling developments in connection with the Collins’ case, before the trial is ended, and it is said that there may be others brought into the case before the final act of the trial.
Hixon was brought to the city this morning from the county jail, where he has been held, and it was said that he would testify in the case as before, when the trial in the city court took place last week. He told officers he was not “peeved” at being thrown in jail, but that he would stand pat and testify to the truth of the matter as to the transactions on the night of the arrest of Collins.
Policeman Hixon was the first witness called on the stand; and at 4 o’clock, he was still being questioned. He related the story in the same manner that he told it at the former trial and he was subjected to a real cross examination by H. S. Hines, attorney for Collins. County Attorney Fink and Deputy Quier are conducting the state’s case. The trial will not be ended before some time tomorrow. Mrs. E. G. Marshall is taking the testimony in the case for the state.
The first step taken when the case was called this morning before Judge W. T. Ham, was for the attorney for Collins, H. S. Hines, to ask for a change of venue, on the grounds that the people of Arkansas City were prejudiced against his client, for the reason that the case had much publicity here. The motion was argued by Attorney Hines and County Attorney Fink and Deputy Quier. The motion was overruled by the court, as the attorney for Collins himself, had asked for a jury at the time of the arrest some days ago. Then the jury list was struck and the attorneys began the work of striking off the names they did not care to have on the list, after which the examination of the prospective jurors was begun. It was announced that the case would be heard in the city courtroom at the city building, as it was a larger place and would be more commodious than the small room in the Zadie block.
N. B. Hixon, the special officer who is the main witness against Collins in the liquor charge case, was at the city hall this morning, as he was brought here from the county jail at Winfield, where he has been held for the past week, after failure to give bond for $200. There was a young woman with him at the time; and to a reporter for the Traveler, Hixon stated: “This is my wife and she is the woman who was with me at the Morris rooming house when I was here before. She has been in Winfield for the past few days, or since I have been in jail there.”
In regard to the affidavit that Collins stated yesterday he had from the real wife of Hixon, Hixon stated: “That affidavit is no good and I can prove it. My wife has not signed any affidavit and she is with me now. I will swear that Collins perjured himself in the obtaining of that paper, and it has no seal or stamp upon it.”
Arkansas City Traveler, Wednesday, September 6, 1922.
The trial of Choc Collins on the charge of selling liquor and maintaining a nuisance was resumed in the state court of W. T. Ham before a jury of twelve men this morning at 9:30. N. H. Hixon, the prosecuting witness, resuming his testimony.
County Attorney Fink undertook to show by the witness, Hixon, that a note was sent by Collins, the defendant, through one Noonan, to him (Hixon) while he was in jail at Winfield, the purpose of the prosecution being to establish that the defendant had undertaken to tamper with the witness and intimidate him, and by further testimony to show that Collins had sent a message to Hixon through Noonan, in which Collins offered to “play square” with Hixon if Hixon would “play square” with Collins.
Attorney Hines entered a motion objecting to the introduction of the evidence, unless the court would permit the defense to prove the charges affidavit in connection with the note.
The jury was excused while this motion was being discussed. The paper in question purposed to be a statement by Mrs. Hixon that she was the wife of “N. B. Hixon,” that she resided in Caney, Kansas, and that she had been out of Caney only on two occasions, once to Coffeyville and once to Independence, where she had a warrant sworn out for the arrest of Hixon on the charge of wife desertion.
The defense undertook to show that Hixon was living with a woman by the name of Bonnie Wise or Bonnie Parker, at the Morris rooms, and that he had testified in the police court that his wife was here at the time of the trial, conflicting with her statement as alleged in the note.
City Attorney L. C. Brown stated that Collins prepared the affidavit and that the purpose of Collins was to intimidate the witness by threats of prosecution on the charges of perjury and white slavery.
Hines argued for the defense that if the evidence was competent to go to the jury, then it was competent to prove the witness (Hixon) a perjurer.
Justice Ham overruled the motion, stating that it had been proven that the note was sent by Collins to the witness, and he believed the jury had a right to see it. The jury was then called back.
In response to further questioning by the county attorney, Hixon stated that he did not do as Collins had requested, make his answer (as to whether he would do the “square thing” or not) on the bottom of the note. The communication was then read to the jury and submitted as evidence in the case.
The examination of the witness was then resumed.
“Why do you spell your name “Hixon” while your wife spells it “Hixon?” asked Attorney Hines.
“We were married under an assumed name,” replied Hixon.
The witness was then further cross-questioned in regard to Bonnie Wise, and the court then took a recess.
Upon reassembling Noonan was placed on the stand. He testified the same as yesterday, that he had delivered a note from Collins to Hixon in the county jail, and had told Hixon that Collins said if Hixon would treat Collins square, Collins would treat Hixon square.
Sheriff Charles Goldsmith was put on the stand for the purpose of showing that Collins had made an effort to go to the jail himself to see Hixon, but the sheriff’s testimony was that Collins was not permitted to do so. The sheriff stated that he saw Noonan give the note in question to the county attorney in the office of the jail.
Attorney Hines moved to strike out the sheriff’s testimony. The court overruled the motion.
Otto L. Cox was then called to take the witness stand. The sheriff reported that he was not present. Adjournment was then taken until 1:30 p.m.
An attempted bribery is the sensational feature that was developed yesterday in the case of the state versus “Choc” Collins, in which the defendant is charged with selling liquor and maintaining a nuisance, and in which N. H. Hixon made the arrest and is the star witness.
The bribery feature came to light in the progress of the trial late yesterday afternoon when Jerry Noonan, arrested yesterday and held in the city jail on a charge of offering a bribe to a witness in the Choc Collins case, was placed on the stand.
Noonan said that he now lives in Pawhuska, Oklahoma, but was formerly a resident of this city. He testified that yesterday (Monday) he made two trips to Winfield with Choc Collins and on each trip had gone to the county jail where he had seen Hixon and conversed with him. On the second trip, which was made late in the afternoon, the testimony of Noonan was to the effect that he had delivered a note or written message to Hixon, the star witness, from Collins, the defendant on trial in this case.
As the witness started to testify to his conversation with Hixon, the attorney for the defendant, H. S. Hines, asked that this part of the testimony be stricken out, and that the witness should not tell to the jury what took place between him and Hixon involving Collins in an attempted bribery. “I have evidence which I wish to submit in this case showing that Collins undertook to bribe Hixon,” said County Attorney Fink. Pending the discussion as to whether the witness should be allowed to answer the questions objected to by the defense, the jury was excused. Standing before the judge, County Attorney Fink said: “This witness came direct from Collins, the defendant. Collins sent this man, Noonan, to the county jail as his agent or emissary to influence Hixon in his testimony in this trial. As Collins’ agent, Noonan told Hixon that he (Collins) would not prosecute him on the charges of perjury and white slavery if he would forget his testimony made in the police court.”
The judge ruled that the witness should answer questions as to what took place between the witness and Collins, but that the witness should not be required to tell what Hixon said to him with reference to the alleged bribery.
The jury returned to the box and the trial was resumed.
“What did Mr. Collins tell you to tell Hixon?” queried the county attorney.
“Mr. Collins said if Hixon would treat him square, he would treat Hixon square,” replied the witness.
Questioning the witness, with reference to the written note, the witness stated: “I took the note to Hixon from Collins. Collins gave the note to me while we were in the car as we neared Winfield.”
Here the note, which consisted of note size paper, was produced. The witness said he didn’t know whether it was the same note he had delivered to Hixon; he had not looked at it. But he repeated that he had given a note from Collins to Hixon, and testified that Hixon had given the note back to him; and he in turn, had given the note to the county attorney. He then admitted that to the best of his judgment it was the same note.
The witness testified that Collins had told him to tell Hixon to write his answer on the bottom of the note, and testified that it was not explained to him what was meant by the square deal. Collins further told Noonan to tell Hixon that he had lots on him, but he would not prosecute him if he would give him a square deal.
Attorney Hines again asked that Noonan’s testimony be thrown out, and the county attorney and his deputy and Attorney Hines were wrangling over this matter at the time the court adjourned last evening. During the development of the bribery sensation, the audience was intensely interested and the attorneys let loose plenty of oratory.
After the jury had been examined and passed, Hixon, the star witness for the state, took the stand.
Hixon, who is said to be the same man, whose name appeared as N. B. Hixon, said his name was Neil H. Hixon, and that his home is in Caney, Kansas.
He is the man who planned the arrest of Collins for selling liquor, who made the purchase of the liquor himself, then drew a gun and told Collins he was under arrest.
Neil H. Hixon stuck closely to his story as told on the witness stand when the case came up in the police court. Upon being cross-examined by Attorney Hines, Hixon stated that he had been arrested two days ago for the first time, on the complaint of the deputy county attorney, charging him with having liquor in his possession. He testified that he was not guilty of the charge.
He admitted he had been appointed as a Santa Fe guard, but denied that he had fired any shots on the occasion of a riot in the yards on August 18. He worked for the company until he had a disagreement with the road official he was working under, when he resigned, the attorney attempting to establish the point that he was fired because he was too officious. He was afterward sworn in as city policeman. He had not told the police of his plans to arrest Collins, he said. He admitted he had registered himself and friend and two girls at the St. Charles rooms, registering all as being from Sedan, resorting to this means to catch Collins in a trap. He did not remember the names he had registered in the book. The book was produced and the witness admitted that the two entries “Mr. and Mrs. Callahan” and “Mr. and Mrs. Drake” were the entries which he had made in the book, which was submitted in evidence. The witness stated that the above names should have been scratched out, and Officer Chadwell testified that he had seen Hixon go to the register and scratch something out, the inference remaining that the names had been traced back in again. Hixon stated that he received no reward for the capture of Collins.
Attorney Hines then asked some questions, the portent of which was to show that Hixon was living here with a woman by the name of Bonnie Wise, who was not his wife. Hixon testified that he had registered at the Morris rooming house as Neal Hixon. He didn’t know where Bonnie Wise was when the police found her. He said he would swear that his wife was here when the Collins trial came up in police court.
“Have you been promised you would not be prosecuted on a white slave charge and the charge of perjury, on certain conditions?” the county attorney asked.
“Yes,” replied Hixon.
“By Noonan, a man by the name of Noonan, who was sent to me by Collins.”
“Did the promise come from the county attorney’s office or from the deputy county attorney’s office or from the sheriff or deputy sheriffs’s office?”
These questions the witness answered in the negative.
After a ten minute recess, Policeman Charles took the stand. He answered the call to go to the St. Charles rooms on the night of August 25. The feature of Officer Charles’ testimony was his contradiction of the testimony of Hixon and Cox that Cox had held his gun in his right hand up by his shoulder pointing up and at no time pointing the gun at Mrs. Collins. “Cox had his gun in his right hand, resting across his left arm, and pointing directly at Mrs. Collins,” the officer testified.
Policeman Charles testified that he heard the breaking of the whiskey bottle.
The county attorney asked: “What did Hixon say when the bottle had been taken from him by Mrs. Collins and was broken?”
Charles responded that Hixon said: “That is a h___ of a note.”
Policeman Charles, on cross-examination by Attorney Hines, said that Hixon had told him, “We’re going out to bring him in.” Charles said that when he got to the St. Charles room, Hixon was holding a gun on Collins, and Hixon told him he had purchased a bottle of liquor of Collins.
Officer Charles stated, “Collins called Hixon a damned liar.”
Charles also testified that Hixon told him he had paid Collins for the whiskey, getting a silver dollar in change. Answering a question by Deputy County Attorney Quier, the witness admitted that he hadn’t looked for the $5 bill.
Policeman Chadwell, the next witness for the state, said he did not hear Collins say to Hixon that he was d_____ liar. He admitted that it might have been said before he got there; but he was only four or five steps behind Officer Charles, to whom Collins had made the assertion.
On cross-examination Officer Chadwell admitted he had heard Officer Ballew testify he had not tasted the whiskey that was in the bottle, which was in contradiction to the testimony of Hixon that Ballew had tasted the whiskey.
It was at this point that Noonan took the stand and the bribery sensation was developed; and which held the boards until adjournment was taken shortly before 6 o’clock, until 9 o’clock this morning.
The state rested its case at 3:45 o’clock. After a ten minute recess, witnesses for the defense were called for the presentation of Collins’ side of the case.
Only one bit of evidence was introduced this afternoon, tending to support the nuisance charge of the state, that being in the testimony of Policeman Jobe to the effect that he and officer Ralph Dailey saw a man, accompanied by two women, drive up in front of the St. Charles, where the man went up the stairs and returned in a few minutes, again entering the car. Upon the approach of the officers to search the car, the man threw out and smashed a glass jar containing corn whiskey, the inference of the officers’ testimony being that the man bought the whiskey from the rooming house, although the man did not say so in so many words.
Arkansas City Traveler, Thursday, September 7, 1922. Front Page.
“Choc” Collins, in company with his attorney, H. S. Hines, went to Winfield this afternoon to appear in Justice O’Hara’s court on a charge of attempting to have a witness withhold testimony. The warrant was sworn out on complaint signed by County Attorney Ellis Fink, and was served by Deputy Sheriff Fred Eaton.
Attorney Hines had information today from the county attorney’s office, stating that the case would be dismissed in the justice court, and information filed in the district court. The offense is classed as a misdemeanor, the defendant’s attorney stated, the maximum penalty upon conviction being a fine of $300 and a jail sentence of six months; both the sentence and the jail sentence to be imposed in such offenses.
The defendant and his attorney went to the county seat to appear in court this afternoon and to give a bond of $300 for appearance in the district court. The matter of Collin’s arrest on the above charge was kept quiet so as to keep the knowledge of Collin’s arrest from the jurors before whom he was being tried in the state court of W. T. Ham on the charge of selling liquor, having liquor in possession, and maintaining a nuisance.
During this trial Neil H. Hixon, the chief witness of the state, testified that he had been approached in the county jail by Jerry Noonan in behalf of Collins, making threats to have Hixon prosecuted on the charges of white slavery and perjury, and offering to do the square thing by Hixon if he would forget his testimony in police court against Collins on the liquor charges.
Noonan was also arrested on the same charge as Collins, viz., attempting to withhold testimony from a witness, and held in the county jail. He was brought to this city to testify in the Collins’ case, which trial was concluded last evening.
Attorney Hines stated that his mission to Winfield this afternoon also included the getting of a bond of $300 for Noonan.
“Choc” Collins, against whom the jury returned a verdict last evening on the charge of selling liquor, having liquor in possession, and maintaining a nuisance, in company with his attorney, H. S. Hines, appeared before Justice Ham this morning, at which time Collins was fined $100 on each count and sentenced to 30 days in jail on each count, making a total fine of $300 and 90 days in jail.
The court stated that this was the minimum penalty provided by law. The case was appealed to the district court, the appeal bond being fixed at $1,500.
“Guilty on all three counts,” is the verdict returned in the “Choc” Collins case last evening by a jury of twelve men after being out a very few minutes. Only one ballot was taken. The three counts on which Collins was convicted were having liquor in his possession, selling liquor, and maintaining a nuisance.
The case “blew up” late in the afternoon when the defense rested after failing to get testimony from Police Judge Harry S. Brown, who was acting as a witness, in regard to a question by Attorney Hines; and the answer by the prosecuting witness, N. H. Hixon, as recorded in the stenographic report of the “Choc” Collins trial in the police court.
The matter was brought to a sudden climax in this manner.
Question by Attorney Hines: “Was this question and answer made in the police court?”
“I object,” interrupted the county attorney.
The testimony in question was something that Hixon had testified to in the police court with regard to his wife; and on the stand in the present case, the attorney wished to show that he had testified differently, contradicting his testimony in the police court.
The county attorney argued that this was a collateral matter and had no direct connection with the main issue; that the question was being asked of the state’s witness when the prosecution had not brought in any testimony by Hixon on the collateral matter involved, the purpose of the law being to put a limit on the matter of impeaching a witness in order to prevent a process of impeachment and counter impeachments, thus hindering the proper functioning of justice.
When the court sustained the objection raised by the county attorney, Attorney Hines, for the defense, arose and announced that he would not attempt to introduce any more evidence in the case. The defendant, Collins, gave his assent, and the defense rested after having only called its second witness to be put on the stand.
After the testimony of Harold Hughey, the last witness for the state, had been taken, Attorney Hines, for the defense, introduced a motion that the case be thrown out on the grounds that C. H. Quier, the deputy county attorney, had no personal knowledge of the offense alleged to have been committed by Collins and cited law to show that the complaint must be signed by a person “competent to testify” in the matter. To make such person competent to testify, the support must be more than hearsay or belief. It must be positive knowledge, the attorney for the defense insisted.
County Attorney Fink then pointed out two forms of oaths, one being “Blank, being duly sworn, deposes and says,” then follows with his positive knowledge. In the other form, the person who makes the oath swears, according to his best information and belief.
However, in the present case, the deputy county attorney testified on the stand that he had signed the complaint in this case on positive evidence, this evidence being sworn testimony when Collins was tried in police court. He said it was his duty to file such complaint when the positive information and knowledge is at hand.
The court overruled Attorney Hines’ motion, and the defense then put its first witness on the stand. The witness was Albert Miller, boiler washer at the Santa Fe shops. He testified that he was at the St. Charles rooms on the night of August 25. He went there to meet a man by the name of Williamson from Hewins, who was stopping in room 12 at the St. Charles apartments. He went there to try to trade some horses for a car.
Miller heard the hall bell ring, he said, and looked out and saw a man who pulled a gun about a foot long and throwed it on Collins, exclaiming: “Throw up your hands, God d____ you.” He said the man was Hixon, whom he had seen at the roundhouse. He said Hixon represented to Collins that he was a government officer and that when Hixon told Cox that he had purchased a bottle of whiskey from Collins, the latter said to Hixon, “You’re a G_________ liar.”
Miller said the whiskey came out of the government man’s pocket, and testified that Collins had no chance to deliver the whiskey or take the money before he (Miller) had opened his door and saw what was going on. During the time that this was going on, Miller testified that Collins was in his room.
On cross-examination Miller admitted that he had not seen Collins, that he did not know him, that he didn’t know his voice, but that he knew he was in his room because he was told that it was Collins. His testimony also showed that he was considerable of a rover, and that he was now holding a non-union job with the Santa Fe.
At this juncture Judge Harry S. Brown was put on the stand with results as above recorded, bringing the trial to a sudden close.
Instructions which had been prepared by attorneys for both the prosecution and defense, were then read to the jurors by Justice Ham.
Deputy County Attorney Quier, in his introductory argument for the state, pointed out the direct testimony presented by the prosecution. This consisted of the testimony of Officer Hixon, who made the purchase of whiskey and effected the arrest of the defendant, this testimony being corroborated by Officers Hixon and Charles. These two points applied on the first count in the complaint, that of selling whiskey.
Attorney Quier submitted to the jury several points of indirect evidence in the case. They were, first: Hixon would not have gone up there to make the arrest, taking the whiskey with him on his person, but would only undergo the peril in the transaction for the purpose of making a real case; second: the breaking of the whiskey bottle by Mrs. Collins; third: the unknown whereabouts of the $5.00 bill used in the purchase transaction; fourth: Collins’ tactics in refusing to go with the officers in order to make a delay, giving Mrs. Collins a chance to get the whiskey bottle.
The above evidence also applied to the second count in the complaint, that of having liquor in his possession. The third count was that of maintaining a nuisance, and the same evidence also applied to this count.
When Attorney Hines got up to make his plea for the defendant, referring to the prosecution, he said that he had been trying Collins, now he was going to try Hixon (the state’s star witness). The entire case depended upon the testimony of Hixon, who testified that he bought the whiskey of Collins and his testimony was not corroborated on that point by a living person, said the attorney. He charged that Hixon violated a federal law when he marked that five dollar bill for purposes of identification.
Continuing, the defendant’s attorney stated:
“Hixon came here as a Santa Fe guard to shoot down strikers, with murder in his heart, as shows by his testimony in police court that he would have shot if Collins had moved. Under the cover of a commission as an officer, he went to Collins’ place as a ‘spotter.’ He wanted to make a name for himself so he could hold an official position. He went to the St. Charles rooms with a falsehood on his lips.”
Attorney Hines here recounted Hixon’s story of how he had effected a whiskey sale with Collins by representing that he was from Sedan, and had a friend and two girls in a car outside, and registered himself and friend together with the two girls as man and wife, thus getting into the confidence of Collins. He told the jury that the Noonan testimony did not show anything wrong on the part of Collins.
He charged that the county attorney, with reference to Hixon, would not be doing his duty if he did not cause his arrest on the charge of perjury.
County Attorney Fink made the final plea for the state.
“Now there is a situation in every town. You have it here. I refer to the bootlegger—not the common garden variety, but the smooth article.”
The county attorney condoned the method employed to get Collins under arrest. “I can’t get preachers and Sunday school teachers as prosecuting witnesses, because they can’t get in, the bootlegger will not sell them liquor.”
Collins had tried to use a club on the prosecuting witness, the county attorney told the jurors, by threatening to have him prosecuted on the charges of white slavery and perjury, and had sent his agent, Noonan, to try to make a deal with Hixon, whereby he would not be prosecuted if he would treat him square, and asking Hixon to forget his testimony in the police court and not testify against Collins in the present case.
At 6:30 the case went to the jury and the verdict of guilty on all three counts was reached in a very short time. The case was not appealed last night.
[Note: My coverage of the 1922 Traveler newspapers ceased after the last item.]