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November 5, 1909


Nearly 4,000 Indictments Dismissed
by Prosecutor Conkling.

Nearly 4,000 indictments, returned by the grand jury last year during the Sunday closing crusade of William H. Wallace, then judge of the criminal court, were dismissed yesterday by Prosecuting Attorney Virgil Conkling. These are the last of 7,000 indictments by the Wallace grand jury.

When Judge Ralph S. Latshaw succeeded Judge Wallace on the criminal bench he instructed the prosecuting attorney, I. B. Kimbrell, to examine all the indictments and to file complaints where he thought he could secure a conviction. One dozen cases were tried, but all were acquitted, and about 2,000 dismissed.

When Prosecuting Attorney Virgil Conkling went into office the first of the year 1,500 more cases were dismissed.

The 7,000 true bills returned were against about 1,000 persons. Against some, principally theater managers, there were from 200 to 300 in each instance.

The Blue Law crusade started by Judge Wallace was directed largely against Sunday shows. At odd times his deputies would arrest cigar dealers, druggists and others who kept open on Sunday.

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August 17, 1909


Former Bandit Tells Politicians It's
Best to Walk the Straight and
Narrow Path.

Less than 5,000 people attended the Lone Jack picnic yesterday, which is a considerable crowd to gather up in the farthest corner of Jackson county, but nothing to the crowds which have gone there in days of yore. On the speakers' list were Congressman Borland, Representative Holcomb, former County Judge George Dodd and Cole Younger. Ex-Criminal Judge W. H. Wallace started for the picnic, going past F. M. Lowe's house in his automobile and inviting that congressional candidate to go with him, but something must have happened for there was no Judge Wallace at the Lone Jack all day. Sam Boyer, county clerk, was the only Republican official who reported, but there was a herd of Democratic officials. Circut Judge E. E. Porterfiled and Thomas J. Seehorn, both of them with records of never having missed the August pilgrimage, were given ovations. the speeches were tame, Cole Younger's being the possible exception. The well known old guerrilla has a lecture he reads, which is a little classic. It is moral in that there is not a cent nor a good night's sleep in being a "bad" man, and the only people who think there is are those who do not know the man who was "bad," while they who do know him always remind him that he was off the reservation once and cannot get all the way back on.

The weather was torrid, hundreds of buggies stopping short of the destination. Automobiles which carried the Kansas City contingent passed derelicts at almost every shade tree on the way. It was 100 in the shade but nobody on the way to the picnic had any shade to get under.

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March 10, 1909



Again Assessed $100 for Attacking
Reporter and Old Appeal Bond
Doesn't Hold -- Must Put
Up or Go to Jail.

For forcibly entering a room on July 15 last year in which Albert H. King, a reporter for The Journal, lay injured after being slugged by the defendant a week before, "Jack Gallagher, who says his name is John Francis Gallagher, was sentenced yesterday to pay a fine of $100, with court costs. The case was tried before a jury in Judge E. E. Porterfield's division of the criminal court, which was only a few minutes in making up its mind.

The visit made to Mr. King's room, which Gallagher stated on the stand "was just a friendly call," was made at 5 o'clock in the morning. He was arrested at the time, but by an oversight of an officer at the Walnut street station, who did not realize the gravity of the offense, Gallagher was released on bond of $11. He was no sooner out of the station two hours later than he returned immediately to Mr. King's room, and a second time tried to force an entrance. For this offense he is yet to be tried.

Gallagher was tried before a jury in Judge Ralph S. Latshaw's division of the criminal court last month for an assault committed on Mr. King July 8, last. On this occasion he was also fined $100 and costs, and given a stipulated time in which to pay the fine.

The grand jury found an indictment against Gallagher for the assault, and it was, therefore, a state charge. The case tried yesterday, and the one still pending, are appeals from the municipal court where he was fined for disturbing the peace. Gallagher spent nearly one month in the workhouse before bonds for an appeal could be perfected.

When the jury returned its verdict in Judge Porterfield's court yesterday, Gallagher was allowed to go, the court stating that the bond made by Judge William H. Wallace when the case was appealed, would remain in effect until the fine and costs were paid. Cliff Langsdale, city attorney, who h ad prosecuted the case, was not satisfied with this arrangement, however, and found a recent law which states plainly that when a person is fined in the criminal court, after having taken an appeal from the municipal court, he must settle the fine and costs at once, or be committed to the workhouse until such fine and costs are paid.

Judge Porterfield admitted that the recent law took precedence. An effort was made then to get a commitment from the criminal clerk consigning Gallagher to the workhouse until he had settled up with the court. The clerk's office was closed, however, so the commitment will be asked for first thing this morning.

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March 7, 1909


Steamer Glenmore Has Troubles Other
Than Legal.

Gay summer may have to pass without assistance from the good ship Glenmore, which plied from the foot of Main street up and down stream and back again in former years, carrying persons who loved boisterous amusement. Owned by Booth Baughman, well known to followers of games of chance, the boat had been undergoing repairs on the Clay county bank.

At first the boat had been passed by government inspectors, but later it was condemned. To make the required repairs it was beached and the superstructure shoved up while the hull was being patched. Yesterday the river sneaked in and washed the supports away, dropping decks, superstructure and perhaps one engine into the water. The loss is estimated at $5,000. Repairs to the hull were to cost the same amount.

One of the Wallace grand juries returned several indictments last fall in connection with the gambling which was said to have been carried on during the boat's cruises.

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December 13, 1908



Some Likelihood That Indictments
Returned by the Grand Jury
Will Be Dismissed by
Judge Latshaw.

Leaving the bench before Governor Joseph W. Folk had accepted his resignation, Judge William H. Wallace yesterday morning declared that his official connection with the criminal court was severed. Before adjourning court at noon Judge Wallace reviewed his work as criminal judge since his appointment to the bench.

"My resignation is in the hands of Governor Folk and I believe he will accept it in due time," Judge Wallace said. "I informed him that I would vacate at this time and I feel I should keep my promise."

In reviewing his work Judge Wallace recalled that he had kept up with docket and tried all cases promptly. He said that he had brought the parole system into its highest degree of efficiency. Besides his Sunday crusade, which he averred had been a success, Judge Wallace claimed that he had practically put a stop to the practice of carrying concealed weapons.

As soon as Judge Wallace left the bench, after telling the officers of the court goodby, he left the room, and a few minutes later Ralph S. Latshaw, the criminal judge-elect, entered. He at once opened court and informed the clerk and prosecuting attorney, I. B. Kimbrell, to set a number of cases for trial next week.

The arraignment of indicted persons was then begun and Judge Latshaw spent the afternoon hearing them.

Special Prosecutor A. O. Harrison, who had resigned before Judge Wallace vacated the bench, was summoned by Judge Latshaw, who told him that he understood that the indictments signed by the special prosecutor would be attacked. While the judge intimated that he would throw them out, he said he wanted to give Mr. Harrison an opportunity to present any argument why they should not be dismissed. Saturday was the time set for hearing the arguments of Mr. Harrison and Mr. Kimbrell.

A bill for $1,122.50 for services as special prosecutor was presented to Judge Wallace by Harrison and was O. K'd. The county court has signified its intentions not to pay the bill and Mr. Harrison will probably mandamus it.

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December 2, 1908


His Neighbors Say It Would Destroy
Valuable Trees in Norledge Place.

Beset in front with the dragon quo warranto, Judge W. H. Wallace, advancing to give battle, has been assaulted from the rear. He has been enjoined from moving his own house. The temporary order was issued yesterday afternoon by Judge J. E. Goodrich in the circuit court and made returnable today.

William C. and Edward L. and Nathan Scarritt and Mrs. Annie E. Hendrix are the plaintiffs in the action, which is brought against William H. Wallace, Elizabeth C. Wallace and Grant Renne. The last named is a house mover, who has the contracting for transporting the Wallace dwelling from its old to its new site.

Boiled down to the briefest terms, the petition seeks to prevent the moving of the Wallace home westward from its present site along Walrond avenue or Norledge Place. It is stated that an agreement was made last October by the Wallaces by which they agreed not to remove their dwelling except in an easterly direction, so as to locate it east of Indiana avenue. The objective point for the house is now Norledge Place, to a lot adjoining on the west the home of W. C. Scarritt.

The real reason of the suit is an endeavor to prevent the destruction of the fine shade trees which line Norledge Place. One large oak is especially spoken of in the petition as having great value. Says the petition: "At least twenty trees would be destroyed, of great value, of more value, in fact, than the building."

At first R. A. Long's was mentioned in the papers as a plaintiff, because the Wallace home, according to the petition, is to be moved across Mr. Long's land. "Mr. Long's name was taken from the papers because he is not in the city and could not read over the petition," said W. C. Scarritt. "However, he is in sympathy with us and moving the house across his land would be done without his consent and against his will."

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November 28, 1908





Because of These Threats the Judge
Declines to Surrender Bench
Until His Commission Ex-
pires -- His Statement.

"Since I have taken office I have received many threatening letters on account of my attitude as to Sunday law enforcement."

This sentence, delivered near the close of an address of ninety minutes' duration, startled the hearers of Judge William H. Wallace from their lethargy yesterday afternoon. For the greater part of that time they had sat with half closed eyes, especially the policemen who were witnesses in city appeal cases, while the judge expounded his reasons for wishing to continue on the bench until January 1. The legal precedents and cases cited by the court had almost lulled the coppers, who had worked all night and who wanted to sleep, into the land of Nod. Then came mention of threatening letters and open eyes.

"These letters have come from all parts of the country," continued the judge. "From Denver, where they shoot ministers in the pulpit; from Paterson, N. J., the hotbed of anarchy; from Chicago, St. Louis, and other cities. One man wrote that he hoped to be present to witness, within five years, my execution. Another spoke of bringing a rope. Still another has written to me every day a postal card not fit to go through the mails."


By this time the judge's audience was very much awake. The story of the threatening letters had never been alluded to in any of Wallace's former explanations or statements. The judge continued to state that the enforcement of the law was a thing that had to come, saying in this connection:

"God directed the bullet that was fired at Francis J. Heney in San Francisco so that it would not interfere with the enforcement of the law."

Judge Wallace commenced his statement by letting another secret escape. It was to the effect that E. C. Crow, formerly attorney general of Missouri, had given him legal advice upon which he based his contention that he should hold office until January 1. The basis of Mr. Crow's opinion was the act of 1871, which created the criminal court. Judge Wallace said that court decisions had failed to disturb this act.

"And besides," said Judge Wallace, speaking of the succession as soon as a successor qualifies, "is it good law? If so, then the appointive judge is absolutely at the caprice of the man who comes in and that ends it. The new judge might want to come in in two weeks, maybe in four. The man in office has some rights.


"Take my case, for instance. I was to have delivered on Monday night an address before the Sabbath Association of America, a national gathering. Then this judgeship muddle came up and I was forced to decline. I was also invited to join, in the East, in the organization of a world-wide law enforcement league. I could not go on account of this matter."

Then, after citing a number of cases of what might happen if there was no judge of the criminal court, Judge Wallace said:

"Of course there are a lot of fellows who say: 'If there is a technical case, dump Wallace. No matter if it is reasonable or not. The public demands it.' But see what the constitution says and the statutes," and the supreme court and so on for an hour and a half.

Then the tired policemen were told to go home and return again on Monday.

Judge Wallace made a hurried exit from the court room at 5 o'clock. "If I can get into my house and get my grip I will go to Jefferson City tonight," were his parting words. He is to confer with Attorney General H. S. Hadley tomorrow.

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November 26, 1908


Judge Replies to Lawyers That He'll
Make a Statement.

Two attorneys, in the course of trials in the criminal court yesterday, questioned the right of Judge W. H. Wallace to sit. In both cases the judge made reply that he was legally in possession of the office, adding that he would make a statement of the reasons for his holding to the office on Friday morning.

A panel of 150 jurors has been drawn for service in the criminal court next week, indicating that Judge Wallace intends to proceed with the trial of cases.

It has been suggested to Judge Ralph S. Latshaw that he assume the bench and then put the burden of a suit upon Judge Wallace. But friends of Judge Latshaw say he will not do this, for fear of making Wallace appear as a martyr. So the quo warranto course seems the likeliest at this time.

The grand jury, according to A. O. Harrison, special prosecutor, is to resume its sessions on Friday.

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November 22, 1908


Lioness and Monkey Brought to
Court to Answer Indictments.

Rubbing elbows with all kinds of folk yesterday morning, society and businessmen crowded and jostled each other for more than an hour in the criminal court building. For the most part everybody was good natured and even joked about a monkey and a lion that had been summoned to court on the same errand. Indictments returned by the grand jury against some 300 persons was the cause of the congested condition of the court room and hallway.

Some of the persons under indictment were charged with renting houses to the women who were in the crowd, while others were there to answer the charge of working on Sunday. Among the latter were Minnie McFadden and Mamie Ox, a monkey and lioness respectively. Judge Wallace, who has proven such a terror to the violators of the Sunday blue laws, was annoyed over the work of his grand jury and informed the manager of Minnie and Mamie home. Then he ordered those present to return Monday morning and answer to the indictments against them.

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November 20, 1908


Family Will Travel Half a Mile in
Their Brick Home.

For the next thirty days Judge William H. Wallace and his family will be distinctly on the move. They still will occupy their two and one-half story dwelling, but the building is to be moved from 3200 Gladstone boulevard to the southeast corner of Norledge and Indiana avenues, a half block away. However, a number of turns must be made before the final point is reached and the distance traversed will be much more than half a block.

Grant Renne has taken the contract to move the house, furniture, folks and all for $1,000 with the understanding that not a brick is to be disturbed in the whole structure. It will be mounted on rollers, and the propelling power is to be a horse and capstan.

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October 3, 1908


Judge Wallace Says Jews Must Keep
Their Stores Closed on Sunday.

Not only is Judge Wallace going after the theater managers, pool hall proprietors, barber and tobacco dealers, but from now on his righteous wrath is to be visited upon the wicked citizens of Jewish extraction who keep their second hand clothing stores open on Sunday.

According to his special prosecutor it makes no difference to Judge Wallace that the religious belief of these dealers does cause them to observe Saturday as the Sabbath and that their places of business are tightly closed that day -- they will be prosecuted just as vigorously if they open on Sunday.

When the Wallace Sunday closing crusade was started a statement was authorized by the court to the effect that provided the Jews of the city observed Saturday as Sunday they would be exempt from prosecution, but it is now stated that there has been a misconception as to this statement. Why the misconception has not been corrected before does not yet appear.

"Under the law," said the court's spokesman, "if the Jews observe Saturday as Sunday they are exempt from prosecution so far as labor is concerned, that is, they may work on Sunday; but this exemption does not allow them to sell goods and they are to be prosecuted if they do. Already two indictments for this offense have been found by the grand jury and the offenders will appear in court the first of next week."

Therefore, if the Jew merchants of the city are so disposed, they may keep their stores open on Sunday, but if they sell anything the heavy hand of the law will be laid upon them.

The explanation of the law as interpreted by Judge Wallace in this matter does not include a clear view of the fine distinction between what is called "work" and selling second-hand clothes.

That this new interpretation of the law will work a distinct hardship on the Jew dealer whose religious scruples will not allow him to do business on Saturday goes without saying for it effectually shuts him off from selling his goods on two days out of seven.

"I think the Sunday law will be pretty generally observed tomorrow," said the special prosecutor. "In fact, I think 98 per cent of the places which have heretofore been in the habit of doing business on Sunday will be found closed. The grand jury will proceed with its work Monday morning, at which time the rest of the theater managers whom we did not have time to arraign this week will be brought into court.

"No," he said in answer to a question, "we do not expect that any of the theaters will be closed."

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September 6, 1908



He's Home Again, With the Story of
His Adventures All Written
Out, Just Like Mr. Roose-
velt -- Read It.
Sam Lieberman, the Wandering Office Boy
The Wandering Office Boy.

Once there was an office boy, unlike the general run of office boys in that he sometimes had an original idea. He worked for The Journal, until he got one of the ideas. That was to the effect that he was destined to be a great explorer and write things like Frank Carpenter and Theodore Roosevelt -- or, at least, like Mr. Roosevelt's going to write.

So it was a traveling bug that bit Sam one sunny spring day. He said nothing, but pocketed his week's pay and hit the grit. He came back a few days ago with the story of his adventures all written out, just as Mr. Carpenter or Mr. Roosevelt would have done under similar conditions. Entering the local room, where a tardy reporter sat welting the daylights out of his typewriter, Sam said: "Well, the wandering Jew's back."

Sam is the son of Rabbi Max Lieberman of this city. He is 13 years old and small for his years but wise, far, oh, far indeed, beyond them. This is his story, just as he turned it it:

Just as soon as the weather got warm last spring, I got the fever that thousands of other boys get, and that was to "Run away." I had no reason on earth to go, but as I said, the fever was in me and I wanted to go. I wanted to get out and live on my own hook. About June 1st I picked up a magazine containing a story how a man beat it on a blind baggage (a small platform between the engine and baggage car), and I got the facts down pat, and by June the 3rd I was on the blind of the Chicago, Milwaukee and St. Paul bound for Chicago.

The engineer saw me get on but did not say anything. When the train would come up to a station I would duck down on the step on the opposite side of the station and as the steps were high and I was small I had no trouble at stopping places the ducking down business lasted until I got to Chillicothe, Mo. There was a bunch of young farm boys standing on the side I was ducking down and they saw me. When the train stopped they ran up to me and wanted to know where I was going and where I come from and ect. When the train was about to start the engineer asked them to hold me until the train started. The boys held me and when the train was going pretty fast they let go of me. The Idea of being stuck in a little town lent wings to my feet and I hiked. I never ran so fast in my life; as the train struck the upgrade it slowed up and I caught the second blind. At the next stopping place I got on the first blind. The engineer then turned a hose on me but I braced against the tender where 7,000 gallons or the capacity is printed and the water passed over me. Towards evening I was so hungry and thirsty that I thought I would die. After a while I was so thirsty that I thought I would ask the engineer for a drink. I thought the worst he could do was to put me off and I was desperate so I clumb over the tender into the cab. When the engineer saw me he said: "Kid I admire your nerve, but you will have to get out of the cab." I asked him for a drink and the fireman gave me one from a kerosene can; then I went back to the blind.

About ten p.m. I arrived in Davenport where I got my first chance to get something to eat. As $2 wasn't much I knew I would need every cent of it before long. I laid down in a corner near the depot and waited for the South West Limited which arrives in Davenport about 3 a. m. I caught it and 8 o'clock I was in Chicago. I about froze to death but I didn't and that's one satisfaction. I got off at Western Ave and took a car to State street where I bought some papers and began hustling. I earned a dollar and fifty cents all day. It was hard earned money, too, since I had to lick a kid who claimed that I was on his corner. After I wiped him he got another feller and both jumped in and knocked daylight out of me. Gee! I never got a worst licking in my life.

That evening I took a boat for Milwaukee where I arrived next morning. I struck a job and worked a week. I would have worked longer but the factory inspector said I was too young to work. I got 5 dollars which went for board and some clothes.

I still had $3.50 left so I bought a ticket to Ludington, Michigan on the Pere Marquette Steamship Co. The ticket cost me half a dollar which left me three plunks. Next morning I was in Ludington and I was about dead broke before I struck a job. The job was to clean lanterns at 2 1/2 cents a piece. I made about a dollar and decided to quit the place for a bigger city. That night I was on a freight bound for Saginaw Mich, where I arrived 11 a. m. next morning cold and hungry.


I got lunch and started out to hunt for a job. I met a kid who had two shine boxes and rented one and I went down to the depot and as I could lick every boot black around I run them all away and soon I had quite a bunch of shines and as shines are ten cents in Saginaw I made about $2.00 the first day. When I left Saginaw a couple of days after I had a ticket to Detroit and 5 dollars in real money. I arrived at Detroit around 3 A. M. and I ate breakfast in the depot and struck out for a job. After a while I decided to carry grips and just my luck a bunch of girls from Ann Harbour wanted somebody to guide them around so I got the job. I didn't know a thing about Detroit but when they were looking in windows I would ask the cop and he would tell me where to go. I piloted the girls around all morning and finally I took them back to the depot where I left them with six bits (75 cents) to the good. I got odd jobs such as carry grips and ect until evening then I went to Bell Isle park. The next day I carried grips and sold papers and made about $1.50. I bought a ticket for Buffalo which cost $1.75 by boat and next morning I was in Buffalo with about $4 in my pocket. I took a car for Niagara Falls but came back in an hour. I stayed in Buffalo about 2 days and then went to Crystal Beach, Ont., where I struck a job and held it all the while.


When the campers of Crystal Beach heard that I come from Kansas City they all wanted to talk to me and I soon became quite popular, with the girls especially. I told them all about the ranch and how the Mexicans rustle and how they hold up teams and everything I could pick up from some old Wild West stories. I told them all about things which happened about 25 years ago. Talk about stringing. Why I told them everything I could make up and they swallowed it all.

The 5th day I was there I received an invitation for an old fashioned Corn Roast, which consists of all the Kisses you want and corn on the cob as dessert. Some Kenucks (Canadians) say that it is all the corn you want and Kisses as a dessert. Gee, I got so many Kisses I thought opposite.

Talk about Canadian girls being timid.


When a kid chooses a girl in a pillow game all the girls holler, "Don't forget me!" I like to see any K. C. girl be so anxious for a kiss.

Say how about fishing? Gee! Bass is so plentiful there that all you have to do is drop your line and play them. I caught a fish 2 feet long.


Say Kansas Cityans you ought to rejoice. Talk about blue laws in Canada! Hully Gee! You can't breathe on Sunday without the cops looking at you as if they were going to pinch you for swiping $6,000. Judge Wallace ought to be there. I bet two bit to a cent that he would find the laws blue enough there to suit him. Gosh! If Kansas City had the same blue laws 95 per cent of the people would drown themselves in the Missouri while the rest except Judge Wallace in the Blue. Behold Judge Wallace you could then put your blue laws in effect as far as you want.

Say if Judge Wallace wants a job where he can put his blue laws in effect all he has to do is let me know. I know the head guy of Bertle township and I will use my influence and I might get him a job.

I revisited the falls again with a bunch of boys and took in the cave of the winds which is a dollar (the cost of rubber outfit) thrown to the bass by we suckers. All you do is walk down a spiral set of stairs about 170 feet then walk out on a little bridge about a foot and a half wide and view the falls. It certainly is a grand sight and then the bridge twists and turns and finally you walk under the falls where you try to look through the water, then you walk out on land and then comes the job. You are all soaked and the oil skins weigh a ton, then you got to walk up those stairs. Hully Gee! You are just ready to croak when you reach the top. That evening I took the train Home in a chair car with a real ticket, and if there is any difference between a box car and a chair car it's about 100,000,000,000 per cent.

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August 5, 1908





Much Dissatisfaction Is Expressed by
Candidates and Others Over the
New Primary Law.
Returns Slow.

At 3:30 o'clock this morning only thirty six precincts out of the 164 in Kansas City had been canvassed by the election commissioners, and in the county outside the city but four of the forty precincts had been heard from. In the city there were thirty precincts that had not reported to the election commissioners at the hour indicated, and the outlook was that the counting would not be finished much before noon today.
Shortly after midnight the three commisssioners saw the hopelessness of the task before them, and gave up counting the returns and turned the work over to deputies. Under the law the commissioners were not reuired to canvass the vote before Friday, but as an accommodation to the public and candidates informally called out the returns as they came in. It was slow work.
The returns were slow in coming in, and it was 9 o'clock before the first box was received at the commissioners' offices. This was from the First precinct of the First ward, and after that the returns came in spasmodically and it was 10:20 o'clock before enough precincts were heard from to encourage the commissioners in beginning the canvass.


Framed to eliminate bosses and leaders, and to install in their places in politics the people, the experience of the new primary law in Missouri, tried for the first time yesterday, showed how completely the bosses can manipulate affairs to suit their own ends. There being no important contests within the Republican ranks, and few of any sort whatever, the new law was not tried out by that party. In the Democratic ranks, however, there was fighting all down the line, and the partial and unofficial results which had arrived up to 1 o'clock this morning fail to show an instance where a free lance made even a respectable showing.
In Kansas City and in St. Louis the rival bosses worked in close order and carried everything before them. Here Reed and Shannon, hereditary enemies, were hand in glove, and in St. Louis Jim Butler and Harry Hawes, for years at each other's throats, had identical interests.
The count last night in this city was charged by the friends of Judge William H. Wallace as outrageous. Some of the old hands in the booths, instead of undertaking to deny this, were rather proud of the returns they took with the to the election commissioners' office, all of them showing Judge Wallace heartlessly snowed under.
The Ninth ward, "Shannonville," for fifteen years opposed to Cowherd, went overwhelmingly for him yesterday. Starting with the First precinct of the First ward, Cowherd got every vote there but one, and that one went to Stapel. Wallace was not mentioned. The same condition of affairs seemed to prevail generally throughout the city, so that it is expected the final count will show Cowherd to have swept Jackson county to the tune of 12,000 to 15,000.


As late as Monday night Judge Wallace told his court stenographer, Clarence Wofford, that he would beat Cowherd here and added that he undoubtedly would carry St Louis city. By 9 o'clock it was known in Kansas city that twenty out of 435 precincts in St. Louis had given Cowherd 1,835, Wallace 12, which report sent Judge Wallace back to his residence on Scarritt's point, for he had gone down town to receive the returns at the commissioners office.


While many candidates have declined to go on record with their personal sentiments regarding the direct primaries, most of them are frankly saying they have heard many complaints from other candidates. Thomas R. Marks, chairman of he Republican county central committee, is satisfied the law isn't going to be accepted as successful. He admits that in its first test it hasn't been given a representative vote in Kansas City and Jackson county.
"It isn't fair," said Mr. Marks at Republican headquarters last night, "for a Republican to step into a polling place and openly call for a Democratic ballot. This was done to an extent astonishing today. It isn't fair, in this instance, to the Democrats that the Republican organization of a precinct be allowed to defeat a Democratic candidate and have the returns go in to the election commissioners as a vote representing the precinct."
Mr. Marks is of the opinion that no amendment to the law can eliminate the rough places, and suggests only the repeal of the law as the one remedy.

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May 27, 1908


The "Blue Law" Candidate Will Lift
the Lid on Sunday Smokes.

ST. LOUIS, MO., May 26. -- (Special.) Judge William H. Wallace of Kansas City, a Democrat aspirant for governor, said here today:

"I am neither Sabbatarian nor a political prohibitionist. I am a temperance Democrat. I neither smoke nor partake of intoxicants or coffee. While I am a Presbyterian elder, I do not believe it is a sin to use tobacco, and if I am made governor, I will recommend that the Sunday laws be amended so that there may be no inhibition on tobacco.

"At Kansas City I have enforced the law as I found it, and have put the Sunday closing lid on cigar stores, as well as saloons."

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May 11, 1908


Will Report Their Observations to the
Grand Jury.

Names of employees connected with pay attractions at Forest and Fairmount parks were taken yesterday by the county marshal's men and will be given to the Wallace grand jury when it meets this week.

Al Heslip personally visited Fairmount park and saw men and women dancing and gliding on roller skates. Also he witnessed a man selling tickets to the Angora goat farm and the lake.

"If the jury thinks it is wicked to use roller skates and witness a dog show downtown on Sunday," the marshal argued, "it will believe it equally unlawful to skate, ride in a boat or watch the goats on a Sunday in the park." So the marshal put down all the keepers' names.

Deputies Joseph Stewart and Henry Miller made out a complete list of men they caught working and playing at Forest park.

The blue Sunday downtown was brightened a bit by the reopening of the Shubert theater.

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April 29, 1908



He Wants the Rinks Closed -- Sends
Deputies Out to Get Names of
Offenders -- The Philoso-
phy of Kimbrell.

"Thou shalt not upon a Sunday move thy feet with a gliding motion when thou hast roller skates attached to thy shoes!"

This commandment has been handed down by Judge W. H. Wallace to his twelve tried and true grand jurors, passed on to the deputy marshals and was read with a thud yesterday afternoon by County Prosecutor I. B. Kimbrell, who was signing indictments against theater folk, in the form of an indictment against S. Waterman, charged with managing "a place of amusement for pay, otherwise known as the Coliseum roller skating rink at Thirty-ninth and Main streets, Kansas City, Mo."

After reading the missive three times, the prosecutor, who some weeks ago swore off smoking, was so excited that he absent-mindedly lighted a cigar presented to him a week or two since by a voter who had called for free legal advice. When Mr. Kimbrell had coughed the rancid smoke out of his lungs he recovered composure, threw the cigar away and remarked:

"Well, it's not a matter of great importance at this time of year, anyhow, as very soon the boys will be going barefoot and can't wear roller skates. Besides, next Sunday they can go to the baseball game."

The prosecutor picked up his pen and started to sign his name to the indictment. He hesitated. He said:

"I believe I'll talk this over with the grand jury first."

"I wouldn't write anything about it," suggested Charles Riehl, deputy prosecutor, to reporters. "We don't know for sure yet whether the jury will return the indictment against the rink."

Joseph Stewart, veteran bailiff of the criminal court, and Henry Miller, custodian of the criminal court building, were the trusted men, who Sunday went forth and searched the city for roller skating rinks. They were told to report to the prosecutor's office the keepers, ticket sellers and employes of all rinks found. After tramping all day they could locate only one rink, the one at Thirty-ninth and Main streets.

"Waterman was exceedingly kind to us," Miller says. "He offered to have a boy strap skates on our feet and let us use the skates all afternoon free. I was tempted. There were about 200 people in the rink, boys and girls, young men and women and all were laughing and happy. I wanted to jump in and skate, but Joe advised me not to and I didn't.

"We saw many kids skating on the sidewalks and streets over town Sunday, but we hadn't any orders to take their names. They weren't indoors and, so far as we knew, didn't buy or rent their skates on Sunday."

The Sunday skating question will come before the grand jury this afternoon. The usual 140 theater indictments will also be returned by the jury today.

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April 24, 1908


Mrs. W. H. Wallace Was in Charge
of Religious Service.

Mrs. W. H. Wallace held a song and prayer service in the county jail yesterday afternoon for the benefit of the prisoners, and the judge of the criminal court accompanied his wife and sat through the service. The chief singer was Frank H. Wright, a fullblood Indian evangelist and soloist. He was assisted by the choir of the Eastminster Presbyterian church. Mrs. Wallace had a church organ taken to the jail from an uptown music store, brought the party into the jail and had charge of the service.

No better singing has ever been heard in the jail, it is said by Isaac Wagner, day jailer. Wright's voice in sacred song penetrated from the first floor to the fourth and poured into every corridor and cell. After he had sung two words, silence fell upon the prisoners and guards alike and all listened with attention and pleasure.

A song by Wright opened the programme. Then the choir, composed of six women's voices, sang. Wright led in prayer He sang again and the service was at an end. Despite the brevity of the meeting it had much impression upon both the confined and unconfined portions of the audience.

"I hope they come again," said a trusty inside the main door.

"He didn't need to preach none," remarked another. "Those songs did me more good than any preaching."

County Marshal Al Heslip shook Mrs. Wallace by the hand after the service, thanked her and told her to bring the singers again soon. A trusty then escorted the visitors through the jail and let them talk with prisoners.

Evangelist Wright is not certain whether or not he could come again to the jail and sing. He is busy, singing and preaching twice a day at the Eastminster church.

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April 23, 1908


Fitt's Congregation Ask That He Be
Incarcerated at Home.

Now that Judge W. H. Wallace has commuted the sentence of the Rev. Joseph Fitts from two years in the penitentiary to one year in jail, members of his church, the Macedonian Baptist of Independence, are asking that he be incarcerated in the Independence jail, rather than the county jail at Kansas City. They want to have him near so that they can call with dainty food and sympathy.

Fits, despite his conviction on the charge of attempting to assault a 14-year-old girl who belonged to his congregation, is still a favorite with his negro flock, and probably will resume his duties as pastor when he leaves the jail.

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April 21, 1908





Kimbrell Acts on His Own Initiative
as Soon as the Cases Are All
Transferred to Porter-
field's Court.

Over 3,000 theater cases were dismissed by County Prosecutor I. B. Kimbrell yesterday shortly after Judge W. H. Wallace had transferred all of the Sunday closing cases of all kinds to Judge E. E. Porterfield's division of the criminal court. Every Sunday labor case against theater managers, house employes and actors, filed after grand jury indictments, from the beginning of the crusade last September until the indictments returned April 3, was dismissed.

Mr. Kimbrell stepped to Judge Porterfield's bench during a five-minute recess in the trial of a shooting case and said quietly to the judge:

"I want to make a world record at clearing a docket. The state asks that all theater cases numbered 5,337 to 8,849 be dismissed."

"Certainly," replied Judge Porterfield. He then directed James Gilday, the clerk, to make the order on the record. None of the theater attorneys nor Attorney R. R. Field was present. Kimbrell's action came as a surprise. When Judge Wallace was asked about it in the afternoon he said:

"That's news to me, but I knew that Mr Kimbrell intended to dismiss all of the old cases sometime. He talked with me about the matter some days ago and I told him that I was in favor of dismissing the older cases, if Judge Porterfield insisted upon trying them in the order of filing."

These are the cases in which Judge Wallace recently said he had no evidence. They would have been dismissed in his own court eventually. His talk with Kimbrell shows that he was aware of this.

"There is no possibility of all the theater cases being tried," Mr. Kimbrell said. "If the state secures convictions in cases of this nature it will be only in those recently filed and while deputy marshals still remember what they saw in each theater on certain Sundays, Judge Wallace himself has said, that the state has no evidence in the old cases.

The dismissal of the old cases is a help both to Judge Wallace and to the theater managers. The state is now in a position to secure convictions and the managers are freed from their burden of bonds. Enough cases remain to use as a test of every phase of the Sunday labor statute, which Judge Wallace is attempting to enforce. There are about 300 cases left, a hundred or so each week since the return of indictments on April 3. It will take us all summer to try that many."

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April 15, 1908



"Apollo" Bergfield, the Big Copper,
Also Suffers at the Hands of
the Visiting Artist.
Joe Steibel, the Man Who Can't Smile

"Behold the man who never smiles, or to whom it is at least painful to smile," said Bert Levy, as he pointed out one of his drawings of Joe Steibel, the affable pres agent of the Orpheum. "I tried every way in my power to make him even look pleasant, and at last he turned on me, serious as he could be, and said, 'Levy, I can't smile; I'm a sick man.' But I know the reason why he is so doleful -- it's because he has been working too hard this season.

"Why, just look what he has been up against all year, another vaudeville house in town, a bank suspension and lastly, Judge Wallace. It's enough to take the humor out of anybody."

"In this man you see the one who has made and unmade vaudeville stars and Kansas City. He doesn't care whether the actor was headliner in the last city or whether he was put in the most inconspicuous place on the bill; if his act has merit, Joe will pick him out and begin work on him at once. Honest, he is the busiest man about the Orpheum theater -- no wonder he can't smile. He hasn't had time to practice.

The other picture here with the cop as centerpiece is true to life," continued the artist. "I made a sketch of this picture while standing out in the foyer of the theater, and this is just what I saw. People look upon this genial officer of the law, Joseph Bergfeld, I believe is his name, with real fear in their faces. What there is for them to be afraid of is more than I can see, for during the three years that Joseph has watched the box office window to see that the ticket seller does not take in any bad quarters, not an arrest has been made. At least that is what Joseph himself tells me.
Officer Joseph Bergfield as seen by artist Bert Levy

"It may be that the reason for this is that the benign cop is put together in such wonderful and fantastic proportion that the 'con' men prefer to risk arrest in some other quarters. Just what would be your feelings when you march up to the box office window and have to pass between it and a ferocious looking cop, slowly balancing himself first on his heels and then on his toes, his heavy club swinging behind his back in time to the musical movements of his body?"

Mr. Levy is cartoonist on the New York Morning Telegraph. In speaking of his life work he said:

"My career as an artist began when I was but 13 years old, in the rear of a dingy little pawnshop in Melbourne, Australia. It was a pawnshop which belonged to my brother-in-law. I was put in to mark the tickets which we used in the show window, an I would delight in cutting them out in heart-shaped and different designs. The letters I would form as artistically as possible. This gave me a start, and as days went on I began to sudy the faces of the men as they peered in through the show window looking at the articles for sale. Then I began to copy them, and I am afraid let my pawnshop business pass iwth little attention. Soon my brother in law caught me at the drawing and I was forthwith discharged. I was them put into school, and after much pleading with my father I was allowed to take a course in art.

"Two and a half years ago I left Australia and came to America. When I arrived in New York I was penniless. I had nothing save my portfolio of drawings and a courage which was born of centuries of persecution. Immeidately upon my arrival in that great whirlpool of hope and despair I went to the editors of the New York papers and tried to find a market for my work, but because I was poorly dressed, and I was, for my shoes were almost off my feet and my coat was in rags, and because I was a Jew, I was given no hope, no chance to show that I could draw.

"For five days I wandered about the Ghetto, hungry and in dire want. My meals were picked up at the free lunch counters, and my sleep, what little there was of it, I got any place htat I could find. Then after many efforts, I succeded in getting a trial on the New York Telegraph, and, well, I am still on their staff, and do work for many other large publications. I won out after a terrible struggle, but I think of the thousands of talented artists, geniuses, who are almost starving in New York simply because fate wills it."

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April 11, 1908


Fiddler Cannot "Endure Humiliation
of Arrest," He Wires.

Upon learning that Judge W. H. Wallace would order County Marshal Al Heslip to stop the concert of Frances Macmillen, violinist, at the Willis Wood theater Sunday, if it should be necessary to arrest the artist and his assistants, O. D. Woodward, manager of the theater, telegraphed the fact to Macmillen's office in New York. This reply was received last night:

"Will not play in Kansas City Sunday. Cannot endure indignity of arrest."

So, there will be no concert at the Willis Wood tomorrow. Over 600 seats have already been sold and over $200 spent in advertising. Those who have purchased tickets may have their money refunded upon applying at the ticket window.

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March 27, 1908



R. C. Horne's insanity plea saved him from a term in the penitentiary for the killing of H. J. Groves in the office of the Kansas City Post. The jury, which heard the evidence in criminal court, bringing in a verdict last evening of acquittal on the ground that Horne was insane at the time of the homicide and is still insane. Horne spent last night in the county jail and will be sent to one of the state asylums next week, if the plan stated by Attorney L. C. Boyle last evening is followed.
When the jury cast its first ballot at 9:45 o'clock yesterday morning ten men voted for acquittal on the ground of insanity and two voted guilty. There was no change until noon, when on the seventh ballot the vote stood at eleven for acquittal and one for conviction. The men who thought Horne knew right from wrong when he shot Groves were voting for conviction on the charge of murder in the second degree. The ninth ballot stood also eleven to one. At 5 o'clock Judge W. H. Wallace called the jurors into the court room and asked them how soon they would be able to reach an agreement. E. E. Axilne, the foreman, said there was little prospect of an agreement at all. It was a half an hour later when, on the tenth ballot, all voted not guilty.

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March 14, 1908


It Was Eleven o'Clock Before All
Were Arraigned.

One hundred and forty indictments against theater folk were returned by the grand jury yesterday afternoon. The actors and house employes came straggling in until 11 o'clock at night, it being impossible to get together before that hour companies from the Gilliss and the Auditorium, in which no matinees were given yesterday. The matter of the managers giving bond on the duplicate indictments went over until Monday.

Judge Wallace kept the court open until nearly midnight, because he is scheduled to leave the city this morning for Paris, Mo., where he is to make a speech.

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March 13, 1908


Two Years for Veteran Who Voted
Twice in Independence.

Stephen H. Powell, a veteran of the civil war, charged with voting illegally at the recent local option election in Independence, pleaded guilty before Judge W. H. Wallace yesterday in the criminal court and was sentenced to two years in the penitentiary. Powell will probably be paroled on account of his age and the conditions under which he violated the law.

He tells his story to the Prosecuting Attorney I. B. Kimbrell very frankly:

"I was drunk on election day," Powell says. "I don't remember whether I voted once or a dozen times If anybody saw me vote twice, I can't deny it, because I don't know what I did."

"Which way did you vote, for or against the local option" asked Kimbrell.

"I started out to vote 'wet,' but can't say what I did do."

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March 10, 1908


Civic League Secretary Thought He
Had Broken the Law.

A. O. Harrison, secretary of the Civic League, called at the county prosecutor's office yesterday afternoon and tried to offer himself as a martyr. The stake wasn't ready, however, and he was told to come back in a day or two.

A state law that was passed in 1907 which compels any organization volunteering to label candidates for office as "good" or "bad" to state its reasons and sources of information. If the league, for instance, wished to send circulars over the county declaring that Judge W. H. Wallace is a "good" man, it would have to print along with the circulars its sources of information.

Prior to the special election for sheriff last January the league sent out word that both W. J. Campbell and John Hood were good men. Someone told Harrison that this was in violation of the new law, and he came to the prosecutor's office to be arrested. There wasn't any warrant ready for him, however, and he was told to call again.

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March 9, 1908


With Production of Jewish Play at
Shubert Last Night.

The dramatic opera, "The Witch," was given at the Shubert Theater last night by permission of Judge Wallace by a Jewish home talent company under the direction of M. Kasol and assisted by J. Herowitz. The play was given as a benefit for the congregation Tefares Israel, which is building a new church. The theater was filled and the play considerably above the standard of amateur theatricals. T. More was the musical director and Master Heimie Shapiro played violin solos between the acts.

Miss Ester Herowitz was the star of the cast and M. Kasol had the leading part as the witch. Mr. Kopperstein also figured prominently in the play, supporting Miss Herowitz. Others in the cast were:

J. Goldman, Mrs. B. Rosenberg, Miss Pearl Herowitz, J. Berkowitz, Sam Alport, Hary Koletsky, M. Silverstein, J. Herowitz, Miss Sadie Herowitz, J. Goldman, Miss Fanny Copeland, Miss Diamant, Mrs. S. Alport, Miss Dora Markowitz, Miss Tobi Silverstein Miss Della Baum.

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March 5, 1908


Wallace Says They May Present
Their Play Sunday Night.

The Jews of the Tefares Israel congregation who have planned to present the five-act drama, "De Boba Yochna," in the Shubert theater next Sunday night, will not be molested by deputy marshals, according to Judge W. H. Wallace.

"When I gave my consent to the Jews giving their play on Sunday I thought they were to present it in a hall somewhere and not in a theater," explained the judge yesterday. "But since I have given my word that they shall not be molested for violation of the Sunday law, they shall not. That's only for this one Sunday, however. If they want to repeat the performance they can not use a theater again on Sunday."

Admission is to be charged to the Shubert on Sunday. The proceeds will be devoted to the furnishing of a synagogue at Tracy avenue and Admiral boulevard. The play will be given in Yiddish.

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March 4, 1908


Not a Chance, According to His
Honor's Avowed Statement.

I have started on a work that I'm going to stick to until the end" said Judge Wallace last night, in answer to a question about the report circulated yesterday that he will resign if the supreme court decides against him in the application for a writ of prohibition, brought by the Kansas City theater managers.

"There's not a word of truth in it," continued Judge Wallace. "I haven't had the least idea in resigning -- not the least idea I don't know where such a report could have started."

"Then the decision of the supreme court will have no affect on your decision to continue the Sunday closing crusade?"

"Not the slightest. Whichever way the court decides, the work will be kept up just the same."

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February 29, 1908



But the Congregation Tefares Israel
Declares He Has Signified His
Willingness to Let Sunday
Performance Proceed.

Although the Jews of the Tefares Israel congregation, who are to present "De Boba Yochne," a dramatic opera in the Shubert theater Sunday evening, March 8, claim that they have a permit from Judge W. H. Wallace guaranteeing that they shall not be arrested or indicted. Judge Wallace says he has made no decision in the matter.

"First time I ever heard of Tefares Israel," the judge replied to a questioner. "Didn't know they were going to give a show in the Shubert theater on Sunday. I cannot say what I shall do, because I never cross bridges until I come to them."

When word of the judge's indecision was brought to a dozen Jews who were in M. Herowitz's meat market at 509 Independence avenue yesterday evening, there was a great shaking of heads. The men, all well along in years and heavily bearded, had been busy studying the lines they will have to speak in the play for it is to be a home talent performance. A man who was reading from a grayish book, grew silent and Herowitz, who was standing behind his chopping block humming the lines of a song he is to sing, snapped his jaws together. Not a word was spoken for two minutes. Then Herowitz filled and lighted his pipe and stepped from behind his counter. He took the pipe from his lips and spoke slowly through his beard:

"You bring us news. I do not understand. The judge has given us a permit, but we cannot be sure what he may yet do."


"Yes, we will charge for tickets, but we will use the money to furnish a house of worship for our congregation. We are not rich people and we do not desire to beg. Why should we not give our time and our voices for this drama? We hurt no one, and we furnish our synagogue."

Everyone paid respectful silence for a full minute after Herowitz quit speaking, for he is assistant director of the proposed performance and his daughter is to be leading lady. At last another black-bearded man spoke:

"It is the last few weeks that we bought the church at Tracy and Seventh. It is small but a nice house. We want money to furnish it for a synagogue. We cannot give the opera on Saturday, for that is our Sabbath, and we take Sunday because many of us cannot open our shops on that day because of the court."


As the reporter took his leave, five or six of the bearded men followed to the door.

"I beg of you, kindly," two or three of them said, "not to write anything to make the court go back on his word. We want the money for our synagogue."

The play, "De Boba Yochna," which the Tefares Israel Jews are rehearsing, and for which their wives and daughters are making many brightly colored gowns and robes, is a five-act drama. For fear, though, that those who attend may not receive their money's worth, half a dozen songs are to be sung by the sweetest voices of the congregation during the intermissions between the five acts.

Every word spoken will be in Hebrew. Even the judge, who closed sacred concerts in the Willis Wood theater and shut up A. Judah's playhouse on Sundays, should wish to indict the congregation of Tefares Israel, he would have to send interpreters with his deputy marshals in order to secure any evidence that a play, and not a son and prayer service, is in progress.

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February 28, 1908


For Further Particulars Ask Anybody
at the City Hall.

A brand new "sell" has been going the rounds of the city hall and police headquarters and if there is a man down there who has not been caught his name has been supressed. It has to do with a new holiday and for that reason those hard woring city employes took the bait quickly. Here is the way Captain Snow worked the new gag on Police Judge Harry G. Kyle yesterday.

"I see we will have no court Saturday," suggested the captian.

"Is that so?" inquired his judgeship, trying to think what for.

"Yes," was the reply. "It's a new holiday."

"You don't say?" said the court, as he went clear under with the bait. "What's the occasion?"

"Judge Wallace's birthday," answered the captian gravely.

Just a dozen persons were present when the judge bit and just a dozen "good" cigars were purchased by his honor. Cigar dealers near the hall have profited on account of the "new holiday."

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February 21, 1908



Was Guest of Honor at Marriage of
Rose Mandelcorn, bot Offended
Parents by Failing to
Drink Her Health.

Judge William H. Wallace was the guest of honor at a wedding feast last night, and a Jewish wedding feast at that. That is he was the guest of honor for a little while, until he refused to drink from the wedding cup. Then he rememered that he had an "important engagement" and unceremoniously departed.

It happened this way: Rose Mandelcorn, daughter of a grocer at 1029 Independence avenue, who lives at 510 Harrison street, was to be married to Dr. Adolph Miller of Nashville, Tenn. Much time had been spent in decorting the bride's home, many anxious hours had been passed by the bride's good mother in working out the details of what she had dreamed of since Rose was a tiny bud of feminity -- her daughter's wedding, the event of her life. Father Mandelcorn, too, had his concern in the affair. Besides the thousand dollars he had laid aside as his daughter's dowry, he had spent much on the feast, but it seemed to him that something lacked to raise it all above the sluggish swirl of lower Harrison street society.

Father Mandelcorn accordingly consulted Mother Mandelcorn. Their Rose was to be clipped from the parental stem. It was up to the Mandelcorn family to make it a noteworthy event.

"Judge Wallace!" said Father Mandelcorn.

"He is a hard and cruel man," said Mother Mandelcorn.

"He has had me indicted by his grand jury because I did not keep the Christian Sabbath, I know," admitted Father Mandelcorn, "but we shall now heap coals of fire upon his head. We shall invite him to the wedding of our daughter, to the marriage of our Rose."

So, he was invited; the guests were assembled, the feast was spread, the marriage cup was filled; he came. Rabbi S. J. Shapiro read the ceremony and the father gave away the bride. Then after she had been kissed by kinsmen and guests, the marriage cup was passed. It was brimming with wine, and when it reached Judge Wallace he refused to drink.

To refuse to drink form a Jewish wedding cup when offered is an insult to bride and parents and groom. If Judge Wallace didn't know it before he shortly found it out form the clouded countenances which hedged him like the threat of a storm. Then he made his plea of anohter engagement and departed.

There was some gloom and considerable heat among the crowd which gathered around the festal board. J. R. Shapiro arose to make a speech, in which he scored Judge Wallace and his political ambitions.

Shapiro said that this reform wave of the judge's was merely a business move. He illustrated in this way: "When my business is run down and my shop becomes unattractive, I start out in a new way to boom the business and I paint my shop a new color and put out new signs. When Judge Wallace ran for congress some time ago, he lost the race. This time, he has come out with a new platform, one which he has built from this make-believe reforom of his. This is his way of booming business and painting his shop and putting out new signs."

Dr. Miller and wife left on an early train for a tour of the Southern states, after which the couple will go to Nashville, Tenn., which is to be their home. The bride was the recipient of many handsome gifts.

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February 21, 1908


Orchestra Leader and His Men Liable
to Suffer for Sacred Concert.

The grand jury will meet at 1 o'clock this aftrnoon and return indictments against theater managers, actors and others who will be charged with working last Sunday. The names of Carl Busch and his orchestra have been reported to the prosecutor's office by a deputy marshal, who heard them giving a sacred concert last Sunday at the Willis Wood theater. T. F. Willis, foreman of the jury, declined last night to state whether or not the jury would indict Busch and the orchestra for violation of the Sunday labor law. At least three of the four membes of the jury, who were absent last week, will attend today. The jury, therefore, may take up the Merchants' Refrigerating Company's tangle over warehouse receipts.

The second batch of habeas corpus cases, growing out of the release from jail last Saturday of four theater managers, who refused to give bond in sixty-six cases to Judge W. H. Wallace, was assigned yesterday by Presiding Judge T. J. Seehorn to Judge J. E. Goodrich's division of the circuit court. Judge Goodrich has asked the other judges to meet with him Saturday morning and hear evidence in the cases. Agreements of attorneys on both sides was necesary to this call, as Saturday is a legal holiday.

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February 18, 1908


In the Eleventh Hour He Is Being
Deserted by Reform Element.

ST. LOUIS, Feb. 17 --(Special.) The Missouri Anti-Saloon League has passed word along to its organization in every part of the state to oppose Judge Wallace of Kansas City for the Democratic nomination for governor, and support Judge J. L. Fort. A league leader said today that Wallace may defeat the cause unless Republicans nominate H. M. Beardsley of Kansas City or some other man upon whom they can unite.

The league is further agitated by the report from Charles E. Stokes of Kansas City, chairman of the state prohibition committee, that the Prohibitionists mean to put a state ticket, from governor down, into the field.

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February 18, 1908


How a Philharmonic Audience Greet-
ed an Officer Getting Names.

While a most circumspect audience of about 1,000 sat in the Willis Wood theater listening to a sacred concert last night by the Philharmonic orchestra, Carl Busch leading with the baton, a deputy county marshal walked out on the stage and took the names of the musicians. Preparations had been made for the circumstance when Conductor Busch at the outset made the statement that "after the first number there will be an intermission to allow a marshal to get the names of the players." This was not understood by many at the time, owing to the way in which it was said, but by the time the deputy appeared the mystic word "Wallace" had gone round the theater and when he walked out on the stage he was roundly hissed -- but the hisses were not for the individual but for what he typified.

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