The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-05-16
KANSAS CITY ELECTION CASES.
The Supreme Court Hands Down an
Opinion Which Practically Ends the
Prosecution of the Cases.

The supreme court of Missouri yes
terday reversed the case OF Ralpn IL.
Kruger, convicted at Lexington of con-
spring to change the result OF the cleo
ton of 1894 in Jackson county, and dlsc
charged the defendant. The case OF
Arthur o. Clark, convicted OF ballot DoX
stutiing, was also reversed n remand
ed. The opinion in each OF these Cases
was written 10y Judge burgess, the
reversals both being made because OF
faults in the indictments, which were
drawn up by Assisting Prosecuting
Attorney George A. Neal, says he wed
nesday Times.
The immediate effect of the two decis-
ions may he summarized as follows:
Ralph Kruger is free and will remain
A. O. Clark will have to be re-indlcted
before he can be tried again.
John May, John Moran, George y.
Pierce and o.. w. Kruger can not De
tried on the conspiracy charge now
pending against them, and car not De
reindicted under the state law, as at
present construed. John May may still
be tried for sending a witness, L. IL.
Bradbury, away from the city.
G.. II. OWSley and his former clerk, IL.
G. BristoW, can not be tried on the
present indictments. They may De
reindicted, if the court CONSTITUTES them
as election Officers in the same sense
as Judges and clerks of election, which
is doubtful.
The four or 1--WE ''smaller fry" election
Observation-Disclosures and clerks who did
not secure changes of venue from JACK
son county, will all have to be rein
dicted.
The decision practically nullifies the
work of the committee OF safety, ana
leaves the prosecution with nothing TO
show for its hard labor, covering the en-
tire period since the last election, but a
sentence of six months against wallace
q. Miller and a light sentence against
Jeffry, both of whom have completed
their terms. 1t is problematic whether
any further fight will be made over the
matter, as, the attorneys for the state
feel that their efforts are 100 poorly
repaid to carry the prosecution furtner.
In addition to this cause, Ed q. Taylor,
who was a tower of strength to the
prosecution, is now dead; IL. u. BAH Is
oyerrun with private business that pays
to be attended to; George A. Neal Is In
politics and striving for the prosecuting
a~ttorneyship, while Prosecuting Attor-
new .Jamison is too incompetent TO be
enfrusted with affairs of so much
moment.
The news of Judge Burgess decision
was received in Kansas City yesterday
shortly before noon, and created great
surprise. The attorneys for the defence
expressed themselves as perfectly salts
fed with the outcome, while the states
ATTORNEYS were correspondingly depress-
ed. The basis for the Kruger decision
is simply that the indictment IS derect.
i've 'sfor the reason that it does not
charge that the defendant was either
Judge or clerk of election, or ejusdem
generis." That is to say, according to a
principle of law as old as h law itself
where an indictment names particular
classes followed by general terms. the
latter are taken to represent nothing
outside of the particular classes. Inc
was convicted and fined 800 specifies
Judges or clerks of an election or any
other person. In this case "other per
SON is held to mean only the particular
classes previously named or other person
c'ejusdem generis'l of the same class.