Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1903-08-12
HAB NO CASE.
The County Attorney Dismissed The
Graham Case.

three days have elapsed is q very un.
usual proceeding but that Is just what
happened in the Graham case which
was thoroughly ventilated week ago.
The case was dismissed at the In
stance Of the county attorney on Tues
day evening OF last week few minutes
before the Index was taken from the
press. The preliminary hearing had
been set tor Thursday but the county
attorney did not wait for even the first
round. He had probably become &C.
quainted with some law as result of
visit in Winfield the previous day and
he seemed to be very anxious to get
rid Of burden.
Before he dismissed the case he took
occasion to explode" before Justice
Collins and in the presence of a few
OF his spmpathizers hom he had
gathered up on the street to make an
audience. A few unlnvited guests
were also present, lone of whom we
were which," He was sour on human
ity In general bat he had q specially
prepared chastisement for the county
commissioners. He said he believed
Mr.. and Mrs. Graham guilty of the
crime, thought he had sufficient evi.
dence to convict them but the commits
sioners thought otherwise and he did
not care to prosecute the case when the
commissioners opposed it, but he want
ed it understood that the entire respon.
oil = A4
He lett the impression that they were
mighty mean set of men. He also
trapped" the Temperance cranks" and
accused them Of meddling with his
business, and the public in general were
not immune from the burning flames of
his wrath. All the county officers ex.
cept the sheriff also were knockers.
1t was a wall more becoming q
child under the teens than a public
officer. It would have been better II he
had "cut out" that speech and Simply
said that the case was brought hastily
without full knowledge of the law
applicable to the case, that since bring
ing 1t he had received substantial ad-
vice and had become conyinced that a
conviction was almost impossible. His
excoriation of the commissioners and
the public in general was an inexcus
able blunder and If he thinks that It
will lead him to towering pinnacle OF
fame he has presumed extravagantly.
1t all his accusations against the com.
missioners, the county officers and the
public We're true, he still had absolute
power in the matter. This was case
In which the commissioners had no
power whatever. If he believed the
parties were guilty and he had sufficient
evidence under the law to convict them,
then 1t was his duty to prosecute the
case regardless of what the commits.
sioners said or thought and his action In
other cases is proof sufficient that he
doesn't care continental what the
commissioners think. On this partic.
ular occasion he swelled up and said
he did not want the Board to get the
idea into their heads that they were
going to control prosecutions in the
future. If Lot In the future, why
now?
We have asked the commissioners for
their version of the matter. They say
they told the county attorney that in
their opinion he did not have a case.
after consulting with other lawyers.
They objected to the great expense OF
the nurse hire and other labor at the
Graham home which expense they In
timated they would not assume. They
at no time ordered him to dismiss the
case because they knew they had no
such power.
There has been some disposition to
inject the sheriff's Office into this pro.
ceeding. Such procedure is entirely
unwarranted. The sheriff is purely q
ministerial officer. His duties begin
and enc with serving papers and he
is not supposed to inquire into the
suficlency Of evidence or the law
applicable to any case. We do not see
how ne can In any way be made re.
sponsible for any part OF the proceed.
ing.
Thus endeth the chapter. The cOun-
ty attorney is little wiser and the
county pays the tuition.