The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-01-19
HER CASE DISMISSED
Charge Against Mrs, Nation Is
Disposed OF,
COUNTYATTOR NEYCONLEY
Filed the Final Motion Before
Judge Kirk

AS IOToCdSlcu IN yesterday Ed5les L4-S
case against Mrs. Carrie Nation has
been dismissed
County Attorney James +. Comfy fled
the petition in the city court for the dis
missaI Of the charge Of malicious de-
struction against her. Judge Kirk at
once acted upon the recommendations in
the petition and entered a nolle prosequi
in the action which forever disposes Of
the matter.
The action on the part Of the prosicu-
ton was in a certain sense not surprise
TO those who were familiar with the
case though the attorneys for the de-
tense claim that they did not anticipate
such a move on the part Of the prosecu-
ton before next Monday the Gay set for
the preliminary hearing Of the case in
the city court.
The petition for dismissal was presented
70 the court just after it had convened
yesterday morning and is as follows:
While incompetence is no excuse for the
commission Of offenses in this state, yet 1
believe that the mind of the defendant is
very much impaired and that she is lab
ordering under q delusion to such an eX-
tent that she is not responsible for her
acts and a further confinement in the jail
should she be committed, would in no
manner improve her weakened condition
Of mind For this reason 1 respectfully
ask that the charge be dismissed.
In the absence Of both Mr.. Allen and
Judge Ray who represented Mrs. Nation,
~ %
law partner also represented the defense,
we rather anticipated a move of this
kind on the part Of the prosecution but
did not think 1t was due until the day on
which the preliminary hearing had been
set for. At the same time we were pre-
pared to fight the case to the supreme
court We expected, if the matter had
come TO a trial here, 70 have lost in the
lower courts, but as have said we were
prepared for a bitter fight in the Kansas
supreme court, however the easiest way
is always the best out Of a difficulty"
Whether or not a suit for damages viii
be filed by the defense, Mr.. Keith was
not prepared to say. It is understood,
however that such a move is contemplat-
cd and the necessary papers will likely
be fled in the very near future.
Mr. Comfy when question for a reason
for dismisslng the action said that his
views were clearly expressed in the peti-
ton he had filed. There is absolutely
no jury on earth that will convict a wo-
man when her attorneys set up a plea OF
insanity in her defense"
DO you candidly believe that Mrs. Ma
tons attorneys would really make that
plea for the action Of their cient?" was
asked 'T most certainly do. why it
would be considered bad legal learning If
they did not do something Of the kind
was the reply.
On Thursday. three weeks ago Mrs.
Carrie Nation destroyed the fixtures IN
the Carey Hotel bar and was arrested.
The prosecution at the time offered to
release her upon her own recognizance
the same day, but she refused. When
brought before Judge Kirk the following
morning IS plead, he asked for a contin-
uance Of her case so that she might have
an opportunity to procure council to de-
fend her. Bail was again offered, but
the woman again refused stating that she !
preferred to remain in prison until af-
ter the charge against her had been (
cleared At 8 o'clock the DAY following.
just three weeks ago Friday the county |
bastile was quarantined 10y the board Of
health because one of the prisoners con-
fined had been exposed TO smallpox. Her |
hearing in the city court was !
again called but because of the quaran-
tine, a postpOnement was necessary. |
Then followed a hard fought legal battle |
to procure the prisoners release upon |
labeas corpus proceedings. The lower |
courts denied the writ. and the appellate /
court had not the time to hear IL. The /
supreme court took no action in the mat
-er and the county officials were made to /
give cause why Mr.. Nation should not /
be released from the Jail The court
ordered that if the case was not tried on /
he fifteenth Of the month the day to |
which il had been postponed, a further |
hearing in the haheas corpus matter /
would be had The prosecution. however.
vas prepared to try the case on last
Tuesday, when the defense requested a
until next Monday The
defendant was admitted to bail in the
.um Of $500. for which amount C. O.
handler, president of the Kansas Nat
onal bank, qualified
The action of the county attorney an
,arently meets with the commentator
# the people in general A number OF
.ttorneys stated that It was the best
manner in which 10 get rid of the whole
flair Had II been fought 10 the bit
er end there Is no telling where It might
ave ended, they say.
nr--- As-,, - -f-s-.-- =.
Sd 70 fight her case Aside from the as
istauce she received from the various
q. c. T. Z. organizations throughout the
ountry. it is said thar people in Chicago.
Jew York Cincinnati and Kansas CITY.
lso sent money 10 aid her
David Nabon. the kind Faced old vet
ran. who s. bent with a weight ~ seven
1.-TWO years. was a constant visitor AZ
he iajl. While true he was not per-
lttet5 ~ enter the hastiIe he-auss 81
be quarantine, brit this fact did not 5a.
p him slowly vending his way over cha
ard pavement three times a dav and .
o. matter how cold he weather ne STOOD
Isl below his wife's cal vrin5o~ ana
'1versed with her about the news ~
1e daT and the progress her ar+o--e~=
-ers ma king IN her behalf T-r~-,frA
I'm the prisoner communicated WITH ths
ctslde world Mr. Nation IS himself n
'tsl aastalnar. hut for an That he IS rot
} sympathy with his WEES radical
.easu-e$ 70 h-ns abcut reform. The
"a war veteran himself acI1acwie-5Es this
~ the w.fe also was well aware z Tho
THE last hea-d ron Mrs. Nation was
Washington where size has es-iversd n
-cture L IS u05erstood tha, she All
e - her home re N~5ie.ue L,o6sz aor a
-ipf resi- a~f Wiz -%.- - - ----.