The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-10-03
A HOLEIN OUR POCK EFT
City Attorney Bird Permits Too
Many Settlements
FOR COSTS In DISTRICT COURT.

Revenue BY 1t and Convicted Pris-
Oners Get on With Light Fines.
Topeka is not deriving much revenue
from the appealed police court cases in
the district court. Too many of them
are being settled for the costs.
Whenever the defendant agrees to pay
the costs he certainly is guilty of the
otfense of which he was convicted in the
lower court, or he would never pay a
cent. Notwithstanding this. the cases
which have been dismissed by City At
tOrney Bird if the convicted person
would pay the costs or fine much lower
than the ore assessed by Judge Ferry,
have been greatly in excess of the trials.
Several cases nollied Tuesday and yes
terday by the city attorney Will serve as
examples.
Grant Cornish, petit larceny, fine $50,
settled for So fine and Sc costs.
J. E. Pears, running disorderly house,
fine $75, settled for $25 and costs.
Laura Jeffery, inmate of a disorderly
house, fine $50. settled for costs.
W. E. Matteson, running a disorderly
house, fine $50, settled for $25 and costs.
w. A. Karr, selling liquor, fine 800,
settled for costs.
0. *. Stakebake. disturbing the peace,
fine SIS, settled for $1340 costs.
Albert Morrison. disturbing the peace.
fine $15. settled for $13 costs.
Police Captain Gardiner refers to the
Pears case as "sure thing" case in
which conviction was certain. Police
Judge Ferry says, 81 have advised Mr..
Bird to settle all the cases he can where
he isn't sure to convict. l would con
slider, though, that there would have
been no trouble whatever, in. convicting
Mattesou and Cornish"
The costs in all these cases have not
yet been figured up by Nthe county
clerk, but they run from IS TO SO in
each case. But no matter if the costs
are 800 for each one to pay, none of
this goes to the city. 1t all goes to the
clerks and sheriff's Office and to the court
stenographer. All to private individu-
ais and not a cent to Topeka.
There is another serious point to con-
slider. At this rate every one who is pun
ished in police court will appeal the case.
All they have to do is to wait till time for
the trial in the district court and settle
their case for the costs, which would be
generally much below a heavy fine.
Every So drunk who gets in police
court will be appealing his case" says
Chief Wilkerson.
When Judge Ferry's attention was
called to this point he said, ooh, We'll fl <
that all right. I'll make their appeal
bond so high that they can't raise it"
But this would certainly be very far
away from citizens idea of
justice. People who wish to appeal
case in good faith thinking that they
have not received fair trial at the hands
of the police court, will be unable to do
so. Judge Ferry certainly does not in
tend this kind of unfairness, although it
would be such.
|
Mr.. Birds evident idea is to save the
city from paying the costs in these cases
in the event of being beaten. This is
certainly a cemmendable purpose, but it
can be carried so far that the corpora
ton which pays the city attorney his
salary will be without any visible means
, of support, and the guilty will all escape.
The city can not live on costs which go
to the officers of the district court.
Judge Ferry'5 leniency is we'll known.
| While police court in all cities is nearly
a place of "mob law" Mr.. Ferry seldom
! fines Il prisoner unless the evidence jus
titles it and then his fines are exceeding
| ly low. 1t would seem that he could
scarcely have made as many mistakes as
Mr.. Bird attributes to him.
The city attorney picked up the cour-
| age to try case yesterday, and it shows
what would happen if more were tried.
One hundred dollars goes to the city as
the result of his labors.
This was the case of A. n. Bayne and
Charles ("Red'') Boyd for living with
| Minnie "Bayne" and Ella Clark in
BOoge's fats at the corner of Crane and
Monroe streets. They were arrested about
the first of last July. Bayne was fined
$50 in the police court for keeping a dis
orderly house, and each of the rest got
$25 fines for being inmates.
Yesterday JudCa Harry vvaa auefoiD 4
in the district court, and they were each
fined $50. This will all go TO the city
City Attorney Bird should see to il
that whatever revenue comes from the
criminal classes of the city should go into
the city treasury.