The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-06


Sir-As the attorney of A. N. Dake.
do most respectfully request you to
dismiss the criminal prosecutions aris-
ing out of the grave robbery of the
body of Matilda Dake
j. S. ENSMINGER,
Attorney for A. N. Dake.
Now, Mr.. Ensminger says that he had
no authority to write the letter, and
Mr.. Dal1e also says that he never au-
thorized anyone to request the dismiss
sal of the cases, though a criminal
prosecution cannot be dismissed by
anyone but the authorized officer of the
state.
In the Lillis cases, which have also
been nollied, Mr.. Jetmore has the fol-
lowing letter from Mr.. Lillis requesting
the discontinuance OF the criminal pros
ecutions:
Argentine, Kan, Dec. a. 1896
County Attorney Shawnee County, To-
peka, Kan:
Dear Sir-Perceiving nothing to be
gained by opening again the wounds
suffered by the feelings and Affections
of myself and family in the mutilation
of the remains of my late wife, Honora
Lillis, shall offer no opposition to- dis
missal of the cases against those
charged with the outrage.
As neither personal punishment nor
pecun1ary loss to the defendants could
in any manner compensate for the
opening anew of the facts connected
with this case and as the publicity
given their conduct proba bly, will deter
the college from attempting to renew
the nefarious practice, perhaps the ends
of justice have already been subServed.
Respectfully, PATRICK LILLIS.
The settlement of the civil suits for
damages in the Lillis and Dake cases
was accomplished early in December
and by the terms of the settlement the
medical college authorities paid the
gentlemen $500 apiece in full settlement
for 'all damages" resulting from the
grave rObbereS. Mr.. Van Fleet was
also requested to settle, but has per-
sistently refused to do so. Before the
money was paid to Mr. Dake he was
requested to sign a request for the dis
missal of the criminal cases, but re-
fused to do so. The money was paid,
however.
County Attorney Jetmore said to a
Journal reporter: The letter request
ing the discOntinuance of the Dake case
cut no figure with me. 1t was the fact
that Mr.. Da1e accepted money in set
tlement of his civil suit 1 told Mr.. Van
Fleet if he settled his civil cases
would also nOlle the criminal prOsecu-
lions in his case.
There is no statute in this state that
provides for prosecution of people
charged with the robbery of graves
where the relatives do not consent to
removal of the body 1t is a question
whether the fact that these men
consent Whether the statute is re-
troactive or not there is no doubt that
the case is greatly weakened by such an
action and 1 do not care to go to trial
handicapped in that manner. That is
the true reason why I nollied the cases,
There is no use for those men to say
that they took the $500 to pay the ex-
pense they We're put to because of the
grave robberies. They only claimed $50
in the first place on that account
Ex-COunty Attorney H. c. Stafford,
who is looking after the interests of
Jetrore was justified in dismissing the
cases because the civil suits had been
settled.
..The crime was against the state and
the community said Mr.. Stafford, las
well as against Mr.. Dake and Mr. Lii
lis. The fact that they were paid for
the damages they sustained surely does
not release the criminal nor palliate the
crime.
Take a case for example: Suppose
a man burned down your house and
caused you a loss of $4,000. Then sup
pose he came to you and paid you the
So 600 to make your loss good. That
would not release him. The crime was
against the state and still stands though
the criminal has made good the loss
sustained from the consequence of the
crime
Il always considered the Dal1e case
the best case of the three and the one
in which a conviction was SureSt be-
cause the body was seen at the college
in the evening in practically whole
condition and the next day was found
no,ltila ted. There were no classes in dis
inference to be drawn was that the
body was mutilated to prevent identifi-
cation.