The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-18
WILL TRY ALL.
Judge HaZen Will Devote Three
Weeks to Liquor Cases.
Must All Be Tried by the Regu-
lar Panel.
SAYS HE is TIRED.
Too Much Criticism About
City Has 100 Cases Which Have
Been Appealed.

Judge Hazen will devote three weeks,
or more if necessary, of the April term
of the district court to the trying of
city liquor cases. He will assign the
hundred or more cases for trial and Will
have them disposed of at the coming
! term of court
Twenty-four names have been drawn
from the jury box for jurors at the April
term of the district court for the regu-
lar panel" said Judge Hazen this morn
ing. "All who sit on the coming jury
viii be drawn from the jury box no
matter what the expense. 1 shall keep
two jurieS at work on the liquor cases
appealed from the police court and J
shall give the city attorney an Oppor-
tunity to go to trial with all his cases.
There is plenty to keep two juries al
work and there will be no taleSmen. Ali
will be drawn from the jury box. The
city cases will be set for trial. Not one
but all that have been appealed in time
to go on the April docket.
This will be a little hard on the tax
payers but L am tired of this constant
criticism about the way LIQUOR cases
are tried in the district court and am
going to do this. The claim is made
that the supreme court has decided the
Hurrel law to be good, so 1 shall settle
all this controversy SO far as the dis
trict court is concerned. If the law is
not good it will be hard on the city, as
a matter of expense, but L shall give
City Attorney Spencer an opportunity.
The expenses of the district court
have been kept down and have been re-
duced from SIS 600 and 20,0O0 to about
$4,000 a year. 1 expected the expenses
for the fiscal year ending June 81 to be
less than $4,000 for the district court
This Will, of course, make the expense
greater. 1t has been the custom to
draw a jury of IS from the box There
were always two or three who We're ex
cuSed and the jury was then made up
for the trial of cases by calling in
H.. gI<xvx#
penses. 1t has been the custom to have
the bailiff, who draws a salary and does
not charge fees, to go out and get the
talesmen and save the expenses of haV-
ing the sheriff do that.
During the last term of court we
called talesmen who We're among the
best known and m ost substantial busi-
ness men of the city to sit on liquor
cases. The criticism has been made that
the jurieS have been packed For these
reasons the jury for the April term will
be drawn in exactly the manner pre-
scribed by law without regard to ex-
pense-
Mrs Nation has been complaining
that she could not get trial in Topeka
We will also give her an opportunity,
and will place the two cases against
her on the docket for trial.
Judge Lindsay, before he retired as
police judge, sent q batch of 65 liquor
cases to the district court which had
been accommodating in his court and had
not been sent up on the appeals They
did not reach the district court in time
for trial at this term of court. There
are about 80 cases on the docket of this
term of court which were not tried,
pending a decision by the supreme
court of the HurreI law. The 60 and
go with few scattering cases, will
bring the number of cases above a hum
dred, and as in many cases several par
ties were arrested and may demand
separate trials, the number of trials by
jury may be far in excess of the hun
dred mark.
BY following the plan of drawing all
jurors from the jury box the trials Will
be delayed and the expenses increased.
If the regular panel is exhausted, in
stead of having the bailiff summon
talesmen from Kansas avenue, other
names will be drawn from the jury box,
and wherever the persons may be the
sheriff will go after them, whether they
live in Topeka, Rossville, Auburn, Oak
land, or whether they can leave their
business or not.
I City Attorney Spencer has not been
anxious to go to trial with the hundred
cases. In many cases he will find it
difficult to convict, as arrests We're made
fast as twice a day or one day for
a day or two, and after the first case
is disposed of, whether it be conviction
aequittal, the evidence against the
parties for the next case must be con-
fined to transactions occurring after
the arrest in the preceding case.
Judge Hazen'S idea is to allow the
cases to all go to trial, and If convic-
tions are secured they will all be ap-
pealed on the ground that the HurreI
law is unconstitutional and there will
be scores of cases in the supreme court
for decision which will settle the con-
troversy about the law in every case.
Besides the 80 cases that will be car
ried from the docket of the present term
to the trial docket of the April term,
there is a large list of persons who
were arrested by Chief Stahl and tried
and convicted before Police Judge
Lindsay who have appealed their cases
to the district court.
The following are those whose cases
We're carried to the district court in the
bunch that Judge Lindsay filed there
before he went out of office, giving the
date of their arrests:
Frank Raynor, Sept Z, 1901.
Fanny Rodgers, Nov. 9, 1901.
Jack Douglass Nov s. 1901
Henry Hatcher, Oct. q. 1901.
Charles Lawson. June %. 1901.
Nick Chiles, Oct. 10. 1901
o. Kempton, Oct. Is 1901
Homer Gregg. Oct 2s 1901
7Wiiliam, Filey. May q, 1901.
John Doe. May 21. 1901.
William Warren, Avg. g, 1901
G. Chesney, May 30, 1901.
George Dupree, June .. 1901.
James Scheisley.- July IS: 1901
Mike Simmons, July 1e. 1901
A ]. Proudfit, Aug. 10, 1901.
Oscar Perkins, Aug. 49, 1901.
Gene Hastings, Aug 19, 1901.
Mont Blevins, June p. 1901.
Andy Morrison. June q, 1901.
Z. Mcdonald, Sept a 1901
Ed Timon. Sept; 3 1901
George White oct. 3. 1901.
Charles Lawson. Aug Is 1901.
John Doe" Aug. 16. 1901.
James sheasleys June II, 1901
Nike Iasa sinmons, 1peT Inn June y II iedi 59ol-
John Doe, June IL 190l-