Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1903-12-18
BOODLERS GO FREE
Decision of the Missouri SUI
preme Court.
II Holds that Convictions that nre tho
Result of InformaLIons Filed by
Prosecuting Attorneys Alone
are Illegal - 1000 Such
Cases In st. Louis.

st. Louis, Dec. 15.-Notification of
a decision of the Missouri supreme
court which brings into question the
legality of hundreds of arrests and
convictions recently made on infor-
nation in st. Louis and which, ac-
cording to Circuit Attorney Folk,
opens the doors of the penitentiary,
through writs of habeas corpus, to
many others, was received here Mon
day by Mr.. Folk.
In the list of cases under which the
ruling of the court could be affected,
if the plea of illegal arrest were
raised, are most of the Suburban
franchise Doodle convictions. 1t was
said by a lawyer yesterday that the
statute of limitations in these cases
expired last November and that, If
the present charges against the ac-
cused men should be found defective,
it would be impossible to bring new
indictments against them. All the
cases are before the supreme court
on appeal, and the records show that
each case was tried on information
furnished by the circuit attorney on
his official oath. They follow:
Charles f. Kelly, formerly speaker
of the house of delegates; convicted
of perjury in connection with the
Suburban franchise Doodle deal; sem
fenced to two years in penitentiary.
John II. Schnettler, bribery, Subur-
ban franchises; four years.
Jere j. Hannigan, bribery, Subur-
ban franchise; five years.
John A. Sheridan, bribery, Subur-
ban franchise; five years.
Edward Albright, bribery, Subur-
ban franchise; five years.
Charles a. Gutke, bribery, Subur-
ban franchise: five years.
Edmund Bersch, bribery, Suburban
franchise; five years.
Charles j. Denny, bribery, Subur-
ban franchises; five years.
Louis Becker, perjury, Suburban
franchise; four years.
Harry A. Faulkner, perjury, Subur-
ban franchise, three years.
Mr.. Folk advised Judge Mcdonald,
of the criminal division of the circuit
court, of the decision and proceed
ings were stopped in all cases con-
cerned. Nine cases were wiped off
the docket and the witnesses were
sent to the grand jury room, there to
| give information on which to base
! indictments to take the place of the
| invalid information.
The case against f. j. Arnold
charged with grand larceny, was one
of those affected. This case, which
was called for Monday, will have to
| go over to the next term. Eight lar
| ceny. burglary and assault cases were
similarly treated.
The supreme court decision in ques
ton is that reversing the case of the
! state against William Bonner. The
decision holds that an information
issued by the circuit attorneys oftice
must be sworn to by prosecuting wit
nesses in the case, and that circuit
attorneys or prosecuting attorneys
could swear to information only from
personal knowledge of the facts. Fol
two years under formal decision OF
tho supreme court, and under con
stitutional amendment of 1900 ant
the act of 1901, prosecuting attorneys
and circuit attorneys have been Civ
ing informations under their officia
oaths. In St. Louis alone it is sale
1000 cases have been tried on such in
formation and convictions have re
| cnlta6