The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-12-14
SUIT is FILED
AGAINST DRAPER
Judge Harvey of City Court
Issues Warrant.
QUESTION OF AUTHORITY
County Attorney Refuses to
Make Complaint
QUESTION OF AUTHORITY

Suit was filed in the city court yester-
day afternoon against W. r. Draper.
who is accused of criminal libel. The
warrant was sworn out by E. A. Van
Nalkenberg. editor Of the Philadelphia
North American, because of story
which had been sent to the paper regard
ing White Buffalo, an Indian or the
Cheyenne reservation who was a gradu-
ate Of the Carlisle Indian school. Mr..
Van Vankenberg, the editor Of the North
American; Emory Foster, the Sunday
editor Of the paper; Judge J. G. Gordon,
Col c. Il. Pratt. the superintendent Of
The Carlisle school, Major Slough and
White Buffalo. of Darlington, o. T, were
Ill here, as was stated in the Eagle yes
terday morning. They left at 3 o'clock
Saturday for 81. Louis. where they win
attend the case which has been brought
against Draper
County Attorney J. F. Comfy refused to
bring suit against W. r. Draper en- the
charges preferred by Judge Gordon be-
cause he did not believe the court had
jurisdiction in the natter
lie also instructed the clerk of the city
court not TO swear out a warrant for
Draper and when the clerk was re-
quested to do so by the attorneys for
The Philadelphia paper. ne refused to
do so Judge Wall and Judge Gordon
then went to Judge Harvey of the city
court and told him they were unable to
get out a warrant in his court.
Yes. you can. said the judge and who
can have fair trial when the case comes
up. What IS the trouble?' He was told
that the county attorney had instructed
the clerk Of the court to issue no war
rant in the case.
That makes no difference said the
judge the county attorneys orders do
not hold good in such instances. and /
VIII see that the warrant is issued" And
the warrant was issued by Judge Har-
vey
There never was more surprised man
than Mr.. Comfy when he heard that
warrant had been issued and the com
plant been filed. Il do not believe the
case comes under the jurisdiction of any
court in the county" he said and ! viii
dismiss the case" He maintains that
The proper place for prosecution for libel
is IL the county in which the article is
published, and that if suit was brought
against Mr. Draper it should be brought
in Philadelphia
The Philadelphia men talked with Mr.
Comfy day before yesterday and he told
them that he did not believe that suit
could be brought in this county but that
ne would look the matter up. Yesterday
morning he gave as his opinion that it
could not be done. This did not satisfy
the Philadelphia men and while appar-
emily accepting his decision. they went
to the city court and got the warrant
out over the order of the county at
torney. They then left for St. Louis.
Mr. Comfy was not pleased with the
knowledge that the warrant had been
issued and so expressed himself Il viii
dismiss This case because 1 can see no
chance of winning it" he said, and it
Will cost the county quite a sum of
money to prosecute the case"
When Judge Harvey heard that Mr.
Comfy would dismiss the case. he said:
Il do not believe he viii. If l am right,
he viii have to prosecute the case; but
! may be wrong and have not looked the
matter up. However, 1 do not think the
county attorney has the power to tell
this court what it SHOULD not do. know
nothing Of the case in question more
than what I have heard and read, but
# this case is dismissed by the county
attorney from this court, 1 will have to
look up the law"
The Philadelphia men gave it out that
they would not bring the suit here and
was great surprise when they did so.
In speaking of the conversation with Mr..
Comfy regarding the matter Judge Cor
don said:
He did not refuse to issue a warrant.
No affidavit was presented TO him. He
was conferred with yesterday afternoon
and referred to some legal authorities
which he said he would want to con-
slider over night. asked Mr.. Amidon to
say to Mr.. Comfy that he should consider
the application as not having been made.
and. IS the papers presented to him had
never been executed or sworn to, ]
should like him to return them to Judge
Wall.
4 asked Mr.. Amidon IL he or the dis
trict attorney had any authority to
which he could refer me in the contra
6iction to the authorities which I have
handed Mr.. Comfy and he said that they
had none. have since learned that Mr..
Amidon is the attorney for Draper. and
IS also a partner of Mr. Comfy
In view of this revelation respecting
The relationship of Mr.. Conlys law
T-HFNfL- ElkDn