Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1903-08-26
THE COUNTY PAYS THE FREIGHT.
An Innocent Girl Charged with Felony.
A Trumped up Charge.

payers Ot DarDor county. rive diner
ent court cases have resulted from it
and the end is not ct. One prosecution
at most would have been ample to meet
the ends Of justice In the case. The
hasty arrest Of Mr.. and Mrs. Graham
On the charge of numbering an infant,
without evidence to sustain it, and the
dismissal on motion of the coun.
ty attorney few days later.
has been thoroughly treated by
the various newspapers and a repeti.
tion is not necessary. Since then,
however, other things have developed.
John Tyree Sas been confined in the
county jail for several weeks charged
with committing rape on his wife's
sister, Mary Graham, who is seventeen
years of age. Under the instruction of
the county attorney, the sheriff has
been keeping Miss Graham since Au
gust 1st in orcer TO be sure that she
will be here to testify In the prosecu-
tion At the October term of the district
court. From August to August II
she was held without commitment pa.
pers. but on the 18th the county at
torney caused such papers to issue out
Of justice court.
On Wednesday OF last week, Mr..
Graham, through his attorney. Samuel
Griffin. applied to Probate Judge
Gleason for writ of habeas corpus
for the release Of his daughter and
Judge Gleason granted it. Under the
law witness must be committed at
the time the prisoner Is. This was
not done because the county attorney
was not familiar with the law and A.
l.. Noble was not present at the time
When the county attorney became
satisfied that Mr.. Griffin had him whip.
ped IN the habeas corpus fight. he swore
to complaint himself charging Tyree
with an attempt to commit rape and
another preliminary was set for Thurs.
day afternoon. 1t is presumed that
his intention was to 90 over all the
work again and try to commit the girl
legally. But his nerve failed him
again. and that evening at O'Clock,
after Mr.. Griffin had gone home, the
county attorney swore out q warrant
for the arrest of the girl charging her
with "unlawfully and feloniously CIV.
ing to John Tyree aid and assistance
*wlth Intent that the said John
Tyree might escape arrest, trial and
punishment"
The preliminary was held imme-
diately and E. Sample appeared for the
girl, waived preliminary examination
aud she was committed to jail. All
this was done without the knowledge
CT Mr.. Griffin who had all along been
Mr.. Graham's attorney.
Think of it! A poor defenseless
child who had been in the custody of
the officers for nineteen days. charged
with felony alleged to have been COM
mitted on the very day she was in the
courts jurisdiction in an action pend
ing! Tyree was in Jail where she was
not even permitted to see him, much
less TO talk to him, and yet the
county attorney was willing to take a
solemn oath that he had good reasons
to believe that the little girl was .'giy.
ing aid and assistance" to the prisoner
to effect his escape. The very reverse
Is true, in fact. The girls evidence in
the habeas corpus case was In favor OF
the county attorney. She had no lncllna.
ton to assist Tyree and was absolutely
powerless il she had
It il well understood that this action
was merely brought to keep the girl.
The county attorney will not attempt
to convict the girl on that charge but
will dismiss the case when court con.
venes and the county Will pay the costs
as usual. But that is not the worst.
Here is poor girl. already. in her
tender years. stained With sin, shame
and dishonor and to add to her disgrace
which she will feel more keenly as the
years grow upon her, the county at
toruey goes on record before God and
man charging her with felony which
IS even more serious than her other
sins. Perhaps the moral instincts of
that gentleman are not as lofty as
those OF some people but he should
surround his Office with sufficient
dignity to recognize human rights.