The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1896-01-31
KlNs1EY. COUNTY. KANsA sIFes4Q16G1tk Rk

The Mercury of last week makes an
unWarranted attack on the county
commissioners for refusing to accept
an alleged offer on the part of the Off
GERS of Gray county to turn over to the
authorities OF this county, in consid-
GRAFTON of the sum of fifty dollars,
Henry Brobst. one of the men who
attempted last month to rob d. G.
Donovan. As matter of fact no
such offer was ever made by any off,
Ger of Gray county, or by any one
having or assuming to have any
authority to act for any officers of that
county. Sheriff Heath stated to indi-
vidual members of the board that the
officers of Gray county would turn
this man over to him for considera-
tiOn, but the amount was never def
nitely stated, and he did not claim to
have any commission from either the
sheriff or the county attorney of Gray
county to make the proposition for
them, and made no claim to any
authority to bind them to dismiss the
prosecution against Brobst in case the
commissioners of this county donated
them something for doing so. The
proposition, even if it had been prop
erly placed before the board, was too
silly for serious consideration for var
ious reasons. first, because the COM
missioners had no right under the law
to spend county money for any such
purpose, and, again, if they had paid
the money to the sheriff or county
attorney of Gray county, or both of
them, as a consideration that they
turn Brobst over to the sheriff of this
county, neither of these officers then
had any authority to deliver the goods
by dismissing the prosecution against
him in Gray county and setting him
at Liberty SO that the sheriff of this
county could arrest him. BIobst had
been bound over to appear at the next
term of the district court of Gray
county, and in default of bail had
been committed to the Ford county
Jail. The sheriff of Gray county has
no power to discharge him, neither
has the county attorney. The only
man who can release him is the Judge
of the District Court of Gray county,
and he can only do it in open court
ard on proper showing by the county
attorney, and it is a matter that lies
entirely with the judge. The earliest
date at which he can legally be DIS
charged is at the March term of the
district court of Gray county. 1t will
readily be seen that the commissioners
of this courty might have paid out the
county funds to these parties and got
nothing in return, since the district
judge Of Gray county may determine
that the prosecution afiaiDst him shall
proceed to final judgment. The
money asked was not to reimburse the
authorities of Gray county for the
outlay incident to the capture of this
man, but was the sum that the sher-
if of that county estimated he could
make out of the county if this man
was convicted and sent to the peni-
tentiary. The man had already been
caught when this suggestion was made
to the commissioners, and was lodged
in Jail in Dodge City, and the case
of the reward offered for the arrest
and conviction of the murderers Of
John Marsh is not parallel one. In
that case when the commissioners
offered the reward the criminals were
at large and their whereabouts un-
known to the authorities. In the
present case the criminal is in custody
and the officers know where he is. 1t
would be strange proceeding, in
deed, to offer reward for the capture
of a man who is already captured.
When the Gray county authorities are
done with this man the courts of this
county can deal with him, and there
is no authority of law nor present
necessity in spending our county funds
in purchasing him from the legal au-
thorities of another county. The Mer-
curry article was evidently written by
some understudy Of the regular editor
who does not know that the county
commissioners are restricted by the
law in the expenditure of the county
funds within clearly defined limits,
beyond which they cannot 60, and
that it is entirely outside of Their
power to pay the costs in criminal
case for which any other county than
their own is holden.