The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-06
JETMORE'S STATEMENT
Also Some Discrepancies There
in Pointed Out For the
Reader.
To the Editor of the state Journal:

To the Editor of the State Journal:
After reading the article in the State
Journal of last Saturday evening with
reference to the dismissals, etc, of Grim
inal cases in the district court by me as
county attorney, have taken the time to
examine the records and find that the
criticism was so unjust and misleading
that deem 1t due to the people of this
community who have twice honored me
with this position as also myself to sub
NIT the following statement as to what
the records show:
Criminal cases disposed of in the district
court during my term of office:
From predecessors Observation-Disclosures. q
Begun during my term .................. 2S9
Total 3s1
Instead of 1855 cases beginning with the
September term, 1897 as asserted by the
State Journal
AS to the result of these cases, Il per-
sons were sentenced to the State Peni-
tertiary amounting in the aggregate to 234
years or an average of over years each;
one person for life; % persons to the state
reformatory at Hutchinson; IS misde-
meanorS wherein persons were sentenced
to pay fines or imprisonment in the county
jail or both, and persons to the state
There were "A jury trials and convic-
tons, instead of So, as stated by the State
journal, and 49 acquittals; 8 jury disagree
ments; and there were nollies, dismissals,
pleas IN abatement etc, in 131 cases dur
ing my term of office, instead of '173 be-
stated by the State Journal.
In these nollieS and dismissa1s there was
paIQ IN by the defendants costs
$1,O9O.6O: If the cases had been tried it
would likely have cost the Taxpayers of
| the county from $1,000 to $1,000
With reference to the nollieS and dis
missals: many of them were cases of long
standing and in which the defendants had
never been arrested and could not be
found. Others were the witnesses for the
state who had left the jurisdiction of the
| court others where the prosecuting wit
nesses or defendants had died since the
commencement of the prosecution. Some
proceedings where the parties had since
| married the TRllfTFX ran1IRSfad
| dismissal under the statute. Some where
| pleas in abatement were sustained, the
| transcripts from the justice courts being
] irregular or defective. Others where af-
| ter the defendants had been bound over
/ to the District court on investigation
/ it was found that convictions could not be
secured. Others, in liquor cases. mainly
ran FesIEa1 cases pesqn py the COM
mlttee OF Seventeen, and others wherein
| it was found that convictions could not
/ be secured. The Committee of Seventeen
1 by their counsel assisted me IN most of
| these cases and they agreed with me that
many of the cases were weak and should
| be dismissed, and asked the court to do
so after securing payment of costs from
| the defendants whenever it was possible.
| The LIQUOR cases dismissed were mainly
| those Instituted on evidence secured by
| the Kansas City detectives and others,
| which. it was determined for good and
| sufficient reasons, advisable not to try
/ During my entire term of office have
never asked the court to nollie or dismiss
a. case where believed a conviction could
| be secured, and in very few liquor cases.
except at the request of some member of
| the committee or their counsel who were
/ looking after the prosecution of such
| cases.
of course the above does not include
| civil cases for the county triesl by me in
| the district court, as also the grave rob-
berry cases in the district court of Wa
| baunsee county and briefing and assist
ing the attorney general in cases from
this county in the court of appeals and
| supreme court of the state.
The State Journal has always advocated
economy on the part OF public officials OF
this county and especially with reference
/ in n &
and in connection with the subject a short
time ago published the following extracts
from the annual report or the county
There has been a very satisfactory de-
in the justice courts for the year just
closed. The costs for the year ending
ending June 60 1895. s4144.O7; a net de-
crease of So 1SS.31-a fraction over AZ per
.tThe change in the fee bill which went
into effect on the 10th day of January
1898, has helped to bring about this state
| tor in reaching this very desirable result
has been the policy of our present county
meanors, such as disturbance of the peace
and like OffenSeS, when committed Within
the city limits be tried in the police court
where they properly belong, instead of il
the justice courts.
"a. P. JETMoRE"
: a Few Comments.
conduct of the office of county attorney
the State Journal did not go back to the
date that he entered the office for the
reason that it did not think it fair to hole
him responsible for the cases begun b1
his predecessor. The record which the
State Journal gave, therefore, began witt
: the September, 1897, term, eight months
after Mr.. Jetmore entered the office, ant
it endeavored to show just how he con
Quoted the office.
Mr.. Jetmore says there were only 80
cases disposed of during his entire term
instead of 3e5 cases, beginning with the
September term, 1897, as asserted by thu
State Journal" The difference in ths
count is apparently this: Wherever two
three or four defendants were made par
ties to the same action, Mr.. Jetmort
counted it as one case while the Stat'
Journal counted each defendant separate
ly This was done for the reason tina
some times each defendant dernapded
separate trial and the State Journal tool
: pains to name each separate defendan
and tell what was done with him 1nd1Vld
ually, as shown by the court trial dockets
As to the number of convictions which
Mr.. Jetmore made during the time SDeci
[ fed, the State Journal gave the numpe
Just as it appears on the trial docket al
very few cases the trial docket did no
d show the final disposition OF the case, ans
, in these the appearance docket was ap
, pealed to, to complete the record IN
State Journal found only Hfty-f1ye convie
! lions during the eight terms, the recor'
[ of which was given, and any one cal
1 corrobOrate these by going TO the couf
] docket To make this number. too, ever,
> time two defendants were convicted IN on