The herald., 1897-07-20
The STOOL PIGEON METHOD
SECUTED AND DENIED BY JAIL
OR KENNEDY
Kramer, Harris and Jenkins Indulge
Mostly in Negatives-The Orig
inal Holiness Band

pend Tor It's interest upon the PERSONAL
lily of the defendant, Colonel L. Topper,
and his alleged attempt to convey q
loaded pistol inside the jail to "Kld''
Thompson. it is unlikely that the trial
could be termed sensa tional, or that it
would attract any more than ordinary
attention.
But, while Colonel L. Upper is before
the bar of justice to answer the charge
preferred against him, Jailer Kennedy
is also on trial at the bar of public opin-
ion, and circumstances have so mould
ed themselves as to force him to pose in
court under the stigma of having used
the stool pigeon method of detective
tactics to obtain proof of Tupper's
wrong doing, and in so doing melted to
the crime that he, as an officer is sworn
to suppress.
Unfortunately, the law officers In very
many cities defy the law by supposing
every person to whom suspicious cir
cumstances may attach to be guilty un-
til proved Innocent The law more just
ly says every defendant is presumed to
be innocent until proved guilty, but that
is apparently regarded as an absurd
hypothesis upon which to work in the
ferreting out of crime And so 1t ap-
pears to have been regarded in the
working up of the case against Colonel
L. Topper. Mystery has enveloped it
from beginning to end, and the sweat
box" and the voluntary CD state
ments" made by individuals suspected
of completely have been it's distinguish
ing features.
1t is truisn that where there is
smoke there must be fire, and equally
true that where contradictory stories are.
told by the prosecution some of the re-
sponsible officers must be prevaricat-
Ing TO use the milder term. In the light
of the evidence given by the several
witnesses yesterday, some of the state
ments made previously by responsible
officers may without exaggeration be
pronounced extraordinary. For in
stance, when Henry Scott was arrested
on April 18th, the day after the alleged
attempt to pass pistol into the Jail, he
was not booked at the Jail and disap-
peared as If from the face of the earth
until June 9th. On that day he made a
so-called voluntary statement to the
district attorney and was released on
his own recognizance to appear juno
25th. At that time Jailer Kennedy re-
fused to talk, pleading that Sheriff Burr
was his superior officer and that he only
obeyed orders. The sheriff gave certain
reasons for the way in which Scott had
been treated, but at the same time re-
marked anent Kramer that he had been
acting as ''stool pigeon in the KID
n
erything that went on to Jailer Ken
needy.
CONTRADICTIONS IN FOUNDATION
However the. method adopted may be
decried, there is no reason to suppose
Sheriff Burr was rot then stating what
was absolutely true. He gave the ex-
PLANTATION of Kramers participation only
upon being pressed to explain why it
was that Kramer who was the trus;y
waiter at Kennedy's table, was rsinstat-
ed a few days after he was caught in the
act of passing the pistol TO "Kid'
Thompson.
The district attorneys office asked
Justice Young to let the Scott examina-
tion go over until the Upper trial was
over, and then, a the last moment al
most, lad the case against Scott dis
missed, he being allowed to depart and
his confession 60 consigned to the limbo
of the district attorneys office.
Last week, when certain sensational
affidavits were filed by counsel for the
defense in the Topper case, the district
attorneys office seemed somewhat put
out at the charges preferred against
Jailer Kennedy, and stated that the true
inwardness of the case was as follows:
''Kramer had Joined with Topper in an
effort to convey pistol to the Kid,
but his courage had weakened, and he
had confessed the whole scheme to Jail
er Kennedy. Mr.. Kennedy asked him
If he would stand by his word and per-
form his part in the scheme and keer
him informed of ali that went on. Kra-
mer pledged the utmost fidelity, and did
keep the jailer Informed OF every move
contemplated by the conspirators and
was, as per arrangement, caught when
In the act of putting the weapon under
meath the pillows on the KIDS cot"
There are many other circumstances
which throw a curious side light upon
this Topper case, but with the above in
mind the testimony given yesterday is
very refreshing this hot weather.
Deputy Sheriff A. w. Marsh was the
first witness put forward, and he tes-
titled to having had charge of kid
Thompson to anh from the jail, and tina;
the defendants on one or two occasions
did have whispered conversations with
him. Almost every day Topper would
be waiting either in the corridor or about
the stairs.
Witness also stated on cross examina-
tion that rtheo people besides defendant
were permitted to converse with kid
Thompson during his passage to and
from the Jail.
A RECALCITRANT WITNESS
Fay Harris, one of the runaway wit
Aesses, was next called by the prosecu-
tion. After the usual preliminary ques-
tion, Mr.. McComas inquired:
Are you acquainted with the defend
ant2'
II refuse TO answer the question" an
swered the witness promptly, and with
the coolest kind of assurance.
4 ANSWER the question; there is no re-
fnsing about it," said. the court.
Z Il have seen him." then ambiguously
answered Harris.
When did you first meet, Upper in
relatior to Kid Thompson"
~The FIRST time I met him was in the
court room"