The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-02
GRAVE ROBBERY CASES
Are Called Up for Trial at Alma
To-day.
Defendants Want the Cases Dis
missed Because of "ErrOrs.
One Word Left Out of Three Indict-
ments-Also Say MAJ pie Led
the Mob.

The preliminary skirmishing IN the
grave robbery cases opened today at
Alma before Judge Thomson with mo-
lions to quash the indictments. If the
motions are denied the cases will be
commenced probably at the latter part
of the week, but if they are allowed it
will end the criminal proceedings for
all time.
There are ten cases in all, against
four different men, but no effort will be
made now to try more than one against
each of the defendants and the others
will probably be dismissed. There are
three cases against DR.. J. E. Minney,
three against S. A. Johnson who was
acting as janitor at the school building,
three against M. E. Lowe, who is
charged with doing the active work to-
ward securing the bodies, and one
against L. c. Duncan, who was a stu
dent at the college.
An important question will be brought
up in the motion today. For some rea-
son the name of the county does not
appear in three of the indictments
Whether it was omitted by mistake or
was taken out by the use of chemicals
is causing some speculation. ]. H.
MARBLE, who was foreman of the grand
jury that returned the indictments, and
H. c. Stafford, who was county attorney,
both say that the name of the county
was written in the proper place when
the indictments left the jury room
County Attorney JetmOre thinks that
the name of the county on the three
indictments in question was omitted by
mistake.
Two of the indictments in which the
name of the county is omitted are
against DIR. Minney and the other is
against NJ. E. Lowe. The question of
whether the omission of the name of the
county in the indictments is sufficient
reason to quash the cases will be con
sidered by Judge Thomson, but even If
he does decide that the Indictment in
validates the three cases it would not
affect the others.
Another thing that is being argued
by the attorneys for the defendants af-
fects ]. H MARBLE, who assisted in
drawing the names of the grand jury
that found the indictments. 1t is
claimed that MARBLE was the leader of a
mob that was organized to do the de-
PENDANTS bodily harm and that fact
disqualified him from serving on the
board that drew the jury.
A more startling assertion is made by
the attorneys for the defendants con-
corning Mr.. MARBLE. 1t is claimed that
while he was the leader of the mob
which made a raid on the medical col
1ege he said that he would get on the
grand jury and see that the indictments
were found. 1t is true that Mr.. Marble
afterward became a member OF the
grand jury and was foreman of that
organization. But any thought of
collision is removed when it is known
that he was appointed as one of the
jury by Judge HaZen, and that Judge
Hazen has made an affidavit saying
that MARBLE made no effort to secure
place on the jury.
Another claim made by the attorneys
is that Mr.. DoWney, who was attorney
an a civil suit resulting from the grave
robberies, was in the jury room when
the indictments were found, when the
law provides that no one but the coun-
ay attorney or his deputies shall be in
the room. County Attorney Jetmore
says that DOwney had not yet been en-
ployed in the damage case against the
college and was a regularly appointed
deputy county attorney.
These are the questions being submit
ted to Judge Thomson today which will
determine whether the cases shall be
dropped or be tri ed.
There will be about 20 witnesses sub
poenaed from Shawnee county, but the
summonses will not be served until
after the motions heard today have
been decided.
The penalty in case the suits result in
convictions is a fine of not more than
$500 or not more than a year in Jail, or
both. The law makes the offense
simply a misdem ea.nor, and there is now
a bill pending in the legislature making
a felony