The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-20
DUCES TECUM FAILS
JUDGE REED QUAsHEs TIE SUB
FGNA FOB TIE FUTTMANNS.

Line-He has Virtually Thrown Up the
Davidson Case and Depends on Record
Evidence-Bill Campbell will Not Con-
sent that Chief Massey and Harry SUIT
ton shall Attend to Legitimate Business
Calls for Help from the Police Un-
ACKNOWLEDGMENT Latest Move.
When Judge Reed entered the judges
stand yesterday morning and seated
himself in the big arm chair, a large
crowd was present to hear his decision
in the motion Of the United States 10
quash the subpoena duces tecum issued
and served on Colonel and Henry HUT
man to produce the records of the Unit
ed States revenue Office as evidence
against Jack Davidson in the liquor
case now pending.
Judge Reed had heard the arguments
on the motion the previous day and
had reserved his opinion until this time.
II was a good many times remarked
that Judge Reed had deferred his decis-
ion in order TO consult Judge Williams
of the federal court but when il was
suggested that the case might yet come
before Judge Williams that eXplanat ton
was abandoned and il was concluded
that Judge Reed had taken time to
weigh the autinrioties already quoted
The assistant United States attorney
and Assistant Attorney General Camp
bell were present to hear tine decision.
Judge Reed did not enter into an ex-
haustive review of the arguments and
authorities quoted but simply announc-
ed that he had determined to quash
the subpoena duces tecum on the
ground that the rules of the interior de-
partment did not allow these revenue
records to be removed from the office
of the revenue collector and that the
department under a law of congress had
right to make such regulations.
The decision was looked upon with
great disfayor by the law and order
lawyer but ninety-nine men out of ev-
cry one hundred in Wichita rather liked
IL because il was one more point scored
against the cranks who have assumed
the heavy responsibility of running the
state Of Kansas Independent Of the Ie-
gal constituted authorities.
Colonel Huffman was more than
pleased with the decision for the reason
that he has always held that the reven-
ne records could not be peddled around
over the state whenever some individ-
ual was accused OF selling glass of
beer without having secured a permit
to do so.
The Davidson case is destined to be-
come historical in several features
Since its commencement Judge Reed
has given an opinion that a defendant
in case Of this kind can be present by
MS counsel without being personally
present and this last decision is of still
more Importance.
When the case to which the United
states were a party was disposed of
evidence nd arguments and slaps and
slams were resumed in the Davidson
liquor case. The proceedings convinced
everybody that the assistant attorney
general had abandoned all hope of con-
victing Jack Davidson.
He has charged in his infarma ton
that Jack Davidson was viola ting the
prOIhibitory liquor law in a building in
The very business center of this city but
he seems unable to find citizens who
VIII sustain his charge by their oath.
He has virtually abandoned that and
is attempting to make case by HERO
glypics obtained on envelopes and mem
orandums obtained at police headquar-
ters-
He has kept Chief Massey and Assis-
tant Chit Sutton in attendance at the
district court for nine days when their
duties called them elsewhere and day
before yesterday thirteen calls over the
telephone were unanswered.
When it is understood that Massey
and Sutton wear citizens clothes and
do all the detective work and that police
are on their regular beats and cannot
answer calls requiring detective work
the dangers to which Mr.. Campbell is
exposing the people can be understood.
Yesterday Chief Massey went 10 the
assistant attorney general and inform
q: him that there was a case dema ndng
immediate attention and asked that he
and Mr.. Sutton be excused for a few
hours. he empha ticaEy refused.
Nearly the entire day was taken up
by the assistant attorney general in
crying TO identify some police figures
and works and turkey tracks on envel
opes and he had officers Adams and
Chief Massey and Assistant Chief SUIT
ton on the stand nearly all day.
AR. Campbell would call and recall
them and ask a few questions and
about seven hundred times Amidon and
Conley objected on the ground that the
evidence sought to be gained was irrele-
want. immaterial and incompetent and
not the best of evidence.
When the officers were on the witness
stand Commissioner Lieurance who has
been in attendance for several days
left the chair he had been occupying
and went forward and stood by the
sherifT's desk and eyed the officers VIC
iously With the intention Of overawing
them by MS presence
The preaence Of Mr.. Iieurance had
about as much effect in overawing the
officers as kitten would have on a
lion. Lieurance has but one idea and
that is to annihilate joints and joint
es:s. A reporter for the Eagle told him
that II was a mistake to bring Sutton
and Massey into these liquor cases ow-
Ing 10 the allure of their work He on
iy replied viciously. Il suppose we ought
10 bring You into them
There was a good deal of interest |
IN the evidence of Chief Massey and /
Assistant Chief Sutton. They know as
much about the rules OF evidence as !
the lawyers and their answers to all I
the questions were short and conclusive |
and they only told what they personally /
knew.
This Of course did not suit Lieurance !
and If he can have any influence with
the other two members of the board /
of police commissioners tine chief and
assistant chief OF police viii soon be /
plain Park Massey and Marry Sutton. |
Bill Campbell and Lieurance started |
In TO show to the world which 20 them
means Topeka that the old board Of I
police commissioners had openly VIC I
lated the law and their oath OF office.
And for the purpose OF calling attention |
TO the great victory they were going
10 gain the assistant attorney general 4