The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-12
There Are 17O City Liquor
Cases Now Pending.
City Attorney Spencer Says
None Will Be Tried Now.
WAIT FOR GRAY CASE.
Will Only Prosecute Those in
Which Evidence is Good.
Talks About the Difficulties of
Securing Convictions.

Great Importance is attached to the
decision of the Gray habeas corpus case
in the supreme court Upon this case
depends the validity or nullity of the
Flurrel law, and upon it also depends
the fate of about ITO liquor cases now
pending on behalf of the city of To-
Qeka in the district court and police
court.
If the decision is that the Hurrel law
is invalid, a large portion of these
cases will be dismissed.
The 40 cases which are now pending
represent the bulk of the liquor prose-
cIltions commenced by Chief Stahl
While he was in office. Apparently the
city is likely to be held for the costs
in many of these cases.
City Attorney Chas. F. Spencer was
asked today by State Journal re-
POI ter for information as to liquor
cases now pending in the district court
on appeal from the police court. as
what is to be done with such cases. Mr..
Spencer said:
There are some 100 cases now pend
ing il the district court on appeal from
the police court. There are also some 90
liquor cases still pending in the police
court untried at the time Chief Stahl
retired from Office. Few people can re-
work involved in the docketing and
keeping track of 100 or more cases, to
say nothing of thoroughly preparing
their for trial or trying them. To be-
come familiar with all these cases and
get them ready for trial and try them,
in case all had to be tried. would take
upwards of six months time of one
man."
will any of these cases be tried at
the present term of court?"
NO. 1t is not advisable to do any
thing more than is necessary with these
cases until the supreme court passes on
the Gray habeas corpus case which in
wolves the validity of the Hurrel law
Besides. have all the work can pos
sibly do in the next two months.
',Will these cases be tried at the April
term OF the district court?"
4 expect to be ready to try or dispose
of all these cases at the next term. To
what extent they will be tried or be
otherwise disposed of cannot be de-
terTnined at this time. Their disposition
will OF course depend largely on what
is the law at that time. To know what
should be done with these cases will al
so involve a careful and through eXami-
nation of the record. the law and the
evidence pertaining to each one sepa-
ately.
Il shall of course prosecute every one
in which there is any chance of con-
viction, but I shall not waste time and
money prosecuting cases where it is
clear it is useless and would result only
There are some very decided ObStac-
les to meet with in prosecuting these
appeal cases in the district court. Many
months, usually a year or more, eiapse
between the time of trial in the police
court and the district court. Where the
officers are making constant raids on
| places where liquor is sold, as they have
been especially in the last year, it is
| impossible for them, after few months
| time to distinguish between the multi
tude of times they have been in a GER
| tain place.
Sometimes the time to which evil
| dence is confined is limited to a few
| days. OF course if an officer cannot re-
rnem Der and testify distinctly as to the
! time, and give positive evidence as to
| what occurred, his testimony is prac-
| tically worthless for the purpose of con-
| viction. Again, when these appeal
| cases come up for trial in the district
| court, many of the important witnesses
| can not be procured. This is especially
| tue as to police officers. who are con-
| stsntly changing. The recent change in
| the police department by which a large
| portion of the old force has retired will
| result in depriving the city of import
| ant testimony on the part of policemen
| who will leave the city.
I'VE had the same result after the
| Hughes administration came in. A
number of old officers were let out.