The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-06-11
END OF SPOTTING
Judge z. T. Hazen Rules Out
Testimony by Spoilers.
Nineteen City Liquor Cases Are
Then Dismissed.
is A WRONG THEORY.
City Can Not Profit by Inducing
Law Violations.
Question VIII Be Appealed to
Supreme Court.
IS A WRONG THEORY.

Fritz Durein vas found not guilty in
the district court this morning on the
charge Of selling liquor. by the jury fol-
lowing the instructions of Judge Hazen,
and City Attorney Spencer dismissed 10
other liquor cases wherein the same
points of law were raised.
Judge Hazen instructed the jury to
bring in a verdict OF not guilty for the
reason that the evidence against Durein
was furnished by o. w. Steffy, who
acted as is commonly termed in the
capacity of a spotter. The evidence of
Steffy was that he was employed by
eX-Mayor Drew to secure evidence
against the jointists and that he was
to receive $50 a. month for his work. He
went to Durein's place at Ala Kansas
avenue some time in September and.
bought beer of Durein with the express
intention of making case against him.
that plan in view. Officer Miller, who
assisted in the arrest, but who did not
witness any sales OF liquor, was the
only other witness. The defense intro
duced no evidence and rested solely
upon the contention that 'spotter'
evidence is not legal Judge Hazen gave
the jury the following written instruc-
lions, and the jury brought in q verdict
of not guilty:
Gentlemen Of the Jury-This is a
prosecution for the violation of city
ordinance. The evidence shows that the
city, through one of it's officers, induced
the defendant to violate one of its or
dinances in order that the city might
prosecute and recover the penalty pro-
vided for such violation.
zone of the sources of raising revenue
for a city is through prosecutions for tina
violation of its ordinances. but 1t never
was intended that the city should en-
gage in the business of inducing persons
to violate its ordinances in order that
the city might thereby increase its rev.
enues. To allow this is to allow one per-
son to induce another to commit
wrong in order that the person inducing
the wrong may profit thereby
In the case OF Ford VS.. The City OF
Denver, 10 Colorado court OF appeals,
page 500 in discussing this question,
the court says The city is in no posi-
ton to say that the ordinance was vio-
lated. 1t was as much responsible for
the sale of the liquor as the defendant,
and it will not be permitted to replenlSh
its treasury from penalties incurred at
it's fnstigation. 1t cannot be heard to
complain of an act the doing of which
it has solicited
Again in the case of walton VS..
Canon City IA Colo. court of appeals,
page 353, the court says: We have held
that public policy will not permit a
municipality to derive profit from acts
which are instigated by its officers.
In this case the city of Topeka
through its officers, having induced the
defendant to violate an ordinance Tor
the purpose Of prosecuting such violation
and thereby deriving revenue from an
act which it had induced. cannot be
heard to complain, and therefore this
prosecution cannot be maintained.
The case was tried and gone through
with in order that City Attorney Spen-
Ger may appeal to the supreme court
and get decision on the question Of
such evidence. The following cases were
dismissed as the city expected convic-
lions solely upon the evidence of spot
ters." If the supreme court holds that
such evidence is legal other cases can
be brought but these cases can not be
revived.
George Klauer arrested December 81
526 Kansas avenue
Homer Gregg arrested September 20.
Chesterfield hotel.
Homer Gregg arrested September 10,
Chesterfield hotel
Burt Hollis arrested 230 Kansas ave-
nue., September
Herbert Swartz arrested September
10. 419 East Fourth street.
NJ Kiernan September 10, 512 East
First street
George Klauer. September 6, 52e kan
Ed Ryan. September 6. AL Kansas av-
enue.
Henry Woods. 2ss JEFFERSON. septem-
Ed Timon. North Kansas avenue.
Henry Woods. September
s. Klien. September IL, 230 Kansas av-
enue.
Gates Chesney. September II. 11s East
Sixth avenue.
Fritz Durein. September 10. IA Kan
sas avenue.
Burt Hollis. September Is. 2sO Kansas
avenue.
o. Kempton, September 6. III East
Sixth avenue.
Hugh Downing, September 6. 724 kan
sas avenue.
Harry Brooks, September II, 222 kan
sas avenue.
Fritz Durein, September IL, 414 kan
sas avenue.
All Of the 10 cases dismissed were tried
in police court under the charge of sell
ing liquor and maintaining a nuisance.
Judge Magaw dismissed the charges Of
a nuisance as the cases were brought I'M
der the ordinance which was found to
be invalid as to the nuisance clause. The
jointists were all convicted on the sell
ing liquor clause and appealed the case
to the district court.