The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-26
ACT ILLEGALLY.
The Coroner's Jury in the Mat
son Case
Imagine Themselves Some kind
Of High Court
And Go Into Secret Session
Contrary to Law
SHUT OUT SHERIFF,
SHUT OUT SHERIFF.
County Attorney, the Reporters
and Everybody Else
From Their Silly Star Chamber
Proceedings.


The coroner's jury in the Matson case
is still in session. and secret session Gt
that Some Of the most learned lawyers
inTopeka declare that d coroner's jury has
absolutely no authority to hold a secret
inquest, but nevertheless persons inter
ested in the inquest and bringing the
murderers to justice. as we'll as repre-
sentatives of the press. are excluded
The county attorney has no re presentativc
there. The sheriff has no representative
present The coroner and the jury with
that pompous importance that usually
accompanies a little brief authority,
voted to sro into secret session and re-
main SO. They also agreed that anything
+ that transpired there should be kept
+ secret
j Those on the jury should bear in mind
j that their functions are not those OF a
star chamber court or Pinkerton de-
tective force If they are unable 10 state
who killed Mrs. Matson. they should re-
turn verdict of murder by unknown
persons. and quit 1t is the duty OF the
sheriff and the police, aud not
/ the coroner's jury, to do the detective
work in the case. 1t is an
unusual proceeding and even County
Attorney Stafford admits they are through
and ought TO adjourn
The coroner's jury shows tendency
/ to subpoena all the residents in that
part Of town, although all those Y no are
in a position to know anything that
would shed light on the subject were
closely questioned by the officers days
ago. It is not only foolish but expen-
sive
A JoURNAL reporter was refused adj
mission to the inquest, was John NJ
Wilkerson, who has done more than any
one else up to this time towards solving
the mystery
3 B. Isenhart said to a JOURNAL re-
porter this afternoon; "A corOners jury
has no authority or no right to go into
secret session during an inquest The
/ only body which can is d grand jury, and
the fact that this IS specified indicates
that other jury can The functions
and authority Of a coroner's jury are
a bout the same as those Of district or
circuit court. and it is one of the most
fundamental principles of justice and
court law that all court matters shall be
: public"
Section 1886 Of the General Statutes
saws in regards TO the coroner's inquest
being made public: "If the inquisition
find a crime has been committed on
the deceased, and name the person
whom the jury believes has committed
it, the inquest shall not be made pubic
/ until after the arrest
Mr. Isenhart says regarding this
sThis section does not apply to this case
1t siTaplv means that if the corOner'-
man whom they believe to BE- guilty
they shall have authority to suppress
from the public that name until the ar
rest shall be made Nost certainly 9
2 coroner's inquest should be public
z meeting. 1t public meeting in the
5 A. Fl. Vance said: sUnless there is
i some special provision ia the statutes
5 which expressly gives a cOrouer's jury
the right Of secret inquests, and dom
In f,f
n right TO 20 into secret session than th'
q district court would have. An inquest
+ Just As much public trial AS any crimi
nal case in the county courts"
n "Our sessions are secret" Corone
IS Bailey said
it | .sHow did you happen to 90 into Sc
IS cret session." asked the reporter
by vote of the jurors and my con
q sent"
t because we don't want anyone els
II present during our Investigations.
ssWho was examined this morning
q George HightOwer and Nick Childs.
z s.What did they says'
a Il am not at liberty to tell although i
a. wasn't important We have taken
0r pledge to secrecy
DO your Investigations tend to cor
h firm sheriff Burdge's charge again'
lie Frank NevelsrD
., NO, they do not I'll say that mucl
in We are working on entirely diferer
g lines
The Formal Papers
~ Formal papers which charge Fran
e Nevels or Nevills with murder in tn
Z first degree. we're drawn 10y County A
N torney Stafford today, and placed in th
le hands Of Sheriff Burdge. Nevills vs.
to ( taken before Justice hesney at
ID o'clock this morning Nevills entere
y no plea and the case was continued Unit
70 Saturday morning
a The complaint on which Nevilis
Il held is sworn to By Sheriff Burdge an
"a written by County Attorney Stafford
is this language:
IS STATE OF KANSAS, 80
III Shawnee County.
D. n Burdge being duly sworn {
40 oath says. that on the - day Of Decen
At Der. 1894 Frank n evils did then ar
m there unlawfully, feloniously and Of h
M deliberate premeditated afOrethOugnt
r. and upon one Almeda d. MatsO1 max
be | an assault with certain deadly weapo
n to- wit, an axe and slung- shot with &
lr- intent then and there TO kill and murd
the said Almeda -. Matson; and he q