Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1894-05-12
KANSAS JUSTICE.

that two young lads were arrested
this week charged with rape, for
which crime a penalty has been
provided under the statutes of Kan
sas which may send them to the
penitentiary from five to twenty-one
years. 1t is very proper that the
penalty for rape should be very &C.
we're, but in this case there was no
rape, as the two girls implicated in
the case are not susceptible of the
crime and affirm that the boys made
no such attempt, yet the boys are
liable under the present law to the
full penalty, and, however innocent
may have 70 suffer.
The law provides that any one
having Illicit intercourse with fe-
male under the age of 1S years COM
mits rape and the character of such
female shall not be inquired into
She may have led a life of shame
for years and be the vilest of the
vile, yet there shall be- no mitiga-
ton of circumstances, and what in
any other state in the Union would
lie simply a misdemeanor, in Kan
sas becomes a felony. The old blue
laws of Connecticut are lenient'
compared to some of those on the
statute books of Kansas.
We blame all who are connected
with this Infamous proceeding. from
the county attorney down. No such
charge should have been considered
and no warrant issued in this case.
The character of the complaining
witness and the girls ia well known
and it is generally understood by
our citizens who are familiar with
the case that il was either a black
scheme or a move for fees.
No sane juryman or judge would
give verdict against these boys
and we do not believe they can pos
sibly be found guilty, but we pro-
test against such proceedings. No
mans liberty and reputation should
be jcopardizcd for the sake of a few
paltry dollars in fees even though
by one of the infamous
laws of Kansas.
What we need is a new constitu-
ton and new set of laws framed
by men of intelligence, more in con-
formity with civilization and chris
tianity, and a repeal of all those
laws which foster blackmailing.
perjury, deception and fraud. The
exemption law should be done away
with, the prohibitory law wiped out
and high license substituted, and
the age of consent raised to 30
years. but the character of the fe-
male should he inquired into.
A misdcmeanor should be classed
as misdemeanor, and rape as a
rape with the fullest penalty at
tached. We do not endorse the
Breckenridge platform by any
means, but we do believe in the
protection of our boys, even though
enticed by blacknailers or led
astray by common women of the
town.
The boys above referred to are
Harry Doty and Harvey Chapman
and the complainant is one Hattie
Wathen. who claims to be the mother
of one of the girls. The girls al
legged to have been raped are Dottie
Wa hen and Loda Williams, who
claim to be under the age of Is
years. The woman, Hattie Wathen.
aud Dottie Wathen were run out of
about a year ago ON ac-
count of their lewd conduct and
the fact was published in the Col
umbus papers. They came to BaX-
ter and il has been predicted for
some time that Hattie Wathen,
the girl. would get some:
body into trouble. The other girl
has not been here very long, but ii
both of them are not lewd females
they should take in their signs.
Doty aud Chapman were taken
before Justice of the Peace a. Mac
donald where they pleaded not
guilty and were placed under 500
bond each for their appearance for
preliminary examination on the 18th
inst. Doty gave bond with ]. 6.
Polster. Horace Austin aud i. A.
Sour as sureties. Chapman failed
to give bond and was committed to
Jail.
Perhaps some of our readers will
say that we should have said moth
ing about this matter, but such
things need ventilation.
Legal talent has been employed
to defend the boys and the case will
be fought to a hard finish.