The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-03
DR.. MINNEY ESCAPES.
He Will Not Be Tried For Sup
posed knowledge
Of the Grave RObberies, After
Or Before the Fact.
But Three Others are Still in the Tolls
of the Law, Who Are Accused of
More Serious knowledge.

DR.. ]. E. Minney, dean of the Medical
college, will not be tried for the robbery
of the graves in Rochester cemetery.
Judge Thompson decided today that the
indictments against him were invalid
because the name of the county was
left out. He also decided that one of
the indictments against NJ. E. Lowe
was not good for the same reason.
This decision leaves but three defend
ants, S. A. Johnson, the student JAM
tor; L. c. Duncan, a student, and NJ. E.
Lowe, the scavenger, who was charged
with securing the bodies for use in the
college.
A new information may be filed
against DR.. Minney, but County At
torney Jetmore says he has not decided
whether or not he will do so. 1t is not
likely that anything more will be done
in DR.. Minney's case, as there is now
but one man left among the outraged
husbands who is anxious to have the
cases prosecuted. DR.. Minney might
have been held on the third in
dictment in the Lillis case in which
the name of the county was not omitted
were it not for the fact that the family
who were the prosecuting witnesses, re-
quested that the case be dismissed,
which has accordingly been DONE If
DR.. Minney is re-arrested, it will be in
the Van Fleet case. Mr.. Van Fleet is
anxious to have the cases tried.
The cases which will be tried now are
grave of Mrs. Van Fleet, and there are
three men who are held on the charge
of having been implicated in the affair,
now that DR.. Minney is out of the case.
These cases will be commenced during
the latter part of this week or the first
of the following week The delay is for
the purpose of allowing the witnesses
to be summoned.
Though the penalty in these cases is
not severe, the college people do not de-
sire the onus of convictions, and for
that reason everything possible is being
done to prevent convictions, and every
step in the case will be bitterly contest
ed. Ferry & DOran were the attorneys
for DR.. Minney and S. A. Johnson, Rep
reSentatiVe E. D. McKeever was to
represent L. c. Duncan and Hungate &
Harvey had the Lowe case.
The college should have no fear of
being injured by the prosecution of the
real robbers The object of the prose-
cution is not to punish the college for
using bodies for dissection, for it must
necessarily have such material; nor
ought members of the faculty be pun
ished for paying for dead bodies; but
persons who rob graves should be Sc
verely punished.
The witnesses who will be summoned
include all the policemen who had any
thing to do with the arrest of the men
charged with the crime or the finding
of the bodies. There will be about 25
witnesses in the first case.
In the decision made by Judge
the attorneys for the Medical college
were overruled. The claim concerning
the irregularities in the grand jury
room were thrown out and the motions
referring to Foreman MARBLE of the
grand jury were overruled.
The men who did the actual rObbing
of the graves should be tried and pun
ished, as a matter of common protec-
ton.
At the time mob threatened to at
tack the college, it was deferred from
it's intention by promises through the
press and by prominent citizens, law
yers doctors, preachers and judges,
that if the law should take is course
the guilty parties would be punished.
The mob desisted. Now, suppose the
guilty parties who robbed the graves
are not punished, what does any citi-
zen of Topeka suppose the next mob in
Topeka will do? 1t will not listen to
cries of peace but will wrealk its VEN
geance on whatever happens to be the
object of it's wrath. There is already
enough contempt for the law among
the masses. If nobody is punished for
the grave robberies, justice and the
people will be cheated, and the people
will be apt to remember it.
County Attorney Jetmore cannot af-
ford to let the real culprits, the men
who opened the graves and took out
the bodies, get away; nor can the
majesty of the law afford it, else it
will soon be a ''majesty' with its crown
rolling in the dust.