Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1886-01-02

the fall of 1875, and that be made his
escape in July, 1876; that Hon. A. NJ. F,
Randolph was attorney general during
both years 1S75-lS76; that he, Davis
was attorney general from January 1877
to January 1881; that Lappin and Scraf-
ford were both absent from the state
| until the summer of 1873, when Scraf-
ford returned; that he Davis then
prosecuted Scraford, there being two
| trials, one in 1873, and one in 1879; that
for the purposes of such trials he had
possession OF the forged bonds, and used
them as testimony on both trials. Mr..
Scrafford was acquitted on his
second trial, which was in July OF
August, 1879. At that time Mr.. Lappin
was still absent from the state, and was
never returned or brought back until
October, 1884, nearly four years after Mr..
Davis went out of Office. General Davis
says that his impression and belief was
that soon after Scrafford's second,,tria in
$40, he returned the forged bonds to the
state treasurer, but at this late day he is
uOt pOoitlNc GlldI Oiu cOs AC Bal
that shortly after Scraford's last trial,
(now nearly six years ago. ne missed
from his Office the box" mentioned in
the Tribune dispatch, and that said box
contained large number of letters and
papers bearing on the Scratford and Lap.
pin cases, aud that if he had not returned
the forged bonds to the state treasurer,
eaid box must have contained them
also. General Davis says that as soon
as he missed said box he made
the fact known to many persons, and
sought to discover its whereabouts but
was unsuccessful. He says he has no
knowledge as to who took said box
away, nor why it was taken, as at that
time MIR. Scratford had been acquitted,
and Mr.. Lappin was not in the country,
nor was he likely to be apprehended.
He also says that he always took proper
care of said box, and knows that he was
in no sense derelict in his duty, but
without his fault and without his knowl-
edge it disappeared in 1879, and he has
not seen it SINCE"
In addition to the loss of these instru-
ments, one of the most important wit
nesses for the state, John 3. O'Connor,
the bell boy who endorsed the Miner
warrants for Lappin, has disappeared
and cannot be found.
About fifty.fve witnesses were exam
ined in the Scraford trial for the state,
all ofthese are necessary in a trial of
Lsppin. Many of them have removed
from the state, some are dead. To bring
them together and produce their testi-
mouy as it was produced at the Scrafford
trial, regard as an utter impossibility.
In the fall of 1884, and about the time
Lappin was arrested in Washington
Territory and returned to this state,
Gov. George w. Click contracted with
Hon. Thos. P. Fenlon, of Leavenworth,
Kansas, to assist the prosecuting officers
of the state in these cases. To provide for
the fee contracted to be paid Mr.Fenlon
thereby, to-wit: One thousand dollars,
and to provide for other necessary ex-
penses in procuring the attendance of
witnesses, which expenses would I'M
doubtedly be very heavy, as many nee
essary witnesses have moved beyond the
limits of the state.
l applied to the ways and means COM
mittee of the legislature of 1885, for an
appropriation of $4,000 for this purpose.
The appropriation was not made, and
the discussion thereon, and the refusal
to make the appropriation, leads me
to believe that it was the sense
the committee that these cases
be not further prosecuted, that the long
flight from justice and the many hard
ships Mr.. Lappin had undergone in
evading pursuit had proved a sufficient
punishment, taking into consideration
tbok tho o<ofo bod boov, fill, ~; ~, b,,r,oJ
principal and interest, for all the defal-
cations caused by his fraudulent conduct.
Such considerations, while of weight,
perhaps, between man and man, ought
not to influence the sworn Off
GERS of the law, whose duty it
is to prosecute for violations of
the law. A merciful Judge awarding sen
tence, or an executive possessed of the
pardoning power may, and perhaps
ought to be swayed by such influences,
but the prosecuting officer, be he county
attorney or attorney general, finds his
strict duty in the law, and should leave
to the other branches of the government
their more appropriate action. l would
therefore believe it my duty to continue
these prosecutions, notwithstand-
ing the implied direction of the legisla-
ture if 1 WAS satisfied that conviction could
be obtained. Feeling, however, that
the loss of the original forged instru-
ments, the absence of some important
witnesses, and the death of others has
made it impossible to reach that result,
l am unwilling to infict on this county
and the state, the great expense incident
to trial of these cases, which, believe
will in the end result in an acquittal.
therefore move the court to enter q
dismissal of each of the above entitled
cases.
S. B. BRADFORD. attorney general.