The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-03-12
DUNN CHANGES
HANDS AGAIN
Now the Prisoner Is in Henry
Schad'S Possession.
JUDGE HARVEY DECIDES
That the Charge of Bigamy
Should Not Stand.

Yesterday Judge Harvey Of the city
court dismissed the charge OF bigamy
brought against ]. P. Dunn BY Sedgwick
county authorities. Dunn is the man
wanted in Arkansas for murder and Chief
of Police Burt. acting as an agent Of
Pedan Talbert. an Arkansas officer, had
Marshal Schadd serve the warrant issued
by Governor Stanley on Dunn last night
at the hospital. The sick man who needs
no guard. was legally transferred into the
hands of Marshal Schadd. but il fact is
now under the orders OF Arkansas auth
critics, although a second complaint had
been gotten out by the sheriff.
The crisis in this technical case was
brought by Chief Burt making affidavit
that he has been delegated as the agent
TO serve the warrant issued by the gov
ernor Of this state on J. ?. Dunn. further
alleging that the warrant and COM
plant of bigamy in the above entitled ac-
ton are void and OF no effect for the
following reasons:
That said warrant and complaint
neither OF them, state facts sufficient to
constitute cause Of action against the
defendant or TO constitute any crime
whatsoever upon the part OF the defend
ant.
That said warrant and complaint We're
issued for the sole reason and directly
for the purpose of defeating the afore-
said executive warrant, in that the pur-
pose Of said complaint and warrant is 10
retain the presence Of said John Dunn
within the state of Kansas under the al
legged charge stated herein and as the
afjant verally believes said complaint
and warrant will be dismissed against
the defendant as instruments defeating
the ends OF justice; and the aftiant furth-
er says that this case together with the
warrant and complaint are a conspiracy
for the purpose above set OUT
This affidavit was fled yesterday in the
city court at eleven o'clock and County
Attorney J. +. Comfy was notified that the
motion to quash the warrant would be
heard at o'clock and sharply at 4
O'Clock yesterday afternoon. il was heard
Stanley and Stanley were the attorneys
for Police Judge Burt. Besides the two
counsels there were only a half dozen 9th
er persons in the room. The officers and
a group OF newspaper men occupied the
jury box and heard one OF the most in
teresting cases in the history Of the court.
II was not only hotly contested but IS a
case that probably has no precedents and
Mr.. Comfy opened up the case, with a
strong and vehement speech. arguing that
the city court had no jurisdiction in n
habeas corpus case, such as ne said this
one was. He declared that no one had
ever heard Of the city court assuming
authority TO undertake TO handle a case.
which belonged 20 the district court. lie
strongly objected to having been allowed
only four hours in which TO prepare his
defense against an attempt to stab him
and his cOllea CUES in the back
Il say 1t is a conspiracy, your honor"
Numbered Mr.. Comfy. TO give US county
authorities a reputation Of foulness. with
which I would charge no man, It is a
snug defense of this man Dunn and out
siders are allowed to come into this court
and put UP q fight 20 take this man from
the lawful authorities. I say it is dam
nablc."
Fred Stanley in giving his side OF the
ease talked both TO the judge and as often
turned to Mr.. Comfy. He declared that
this case was not habeas corpus pro-
ceedings brought that J. p. Dunn might
be turned over to the agents Of Arkansas
but an action brought that the charge
made in the complaint and warrant
should be dismissed.
He said no charges were made against
Mr. Conly's reputation nor any Of the
county authorities. but that the case
should be dismissed because the complaint
and warrant for bigamy We're void on
their face.
Judge Harvey IN delivering his decision
did so on his own responsibility without
reference to the affidavit filed b. Chief
Burt He intimated that he believed the
and warrant for blgamy were
defective and We're gotten Up as subter-
fuge 10 hold J. p. Dunn and defeat the
ends Of justice.
After disrnissing the case. he immediate
" wrote out an order declaring the dis
missaI Of Tho case and the recall Of the
warrant issued TO Sheriff Simmons. giving
this order TO Marshal Schadd To serve.
Chief Burt took the marshal and start
Cd ont 10 find the sheriff. After cali at
the jail and his home they found him in
front Of St. Francis hospital.
But Sheriff Simmons had not been
asleep. while his interests we're a. stake.
for he had gotten out another complaint
and served II. However. when Marshal
schadd served his order upon the county
Official. he displayed no opposition, and
The state warrant was served on Prisoner
Dunn
Tt is now thought that the outcome 81
this second complaint win be a second
dismissal BIZ judge Harvey.
fhrso To pEcT