The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-15
NEW WAY TO LIBERTY
OPENED FOR BOOD[ERS
BY MISSOURI TRIBUNAL
Legality of All the Arrests Called
in Question by Decision Regard
ing Bringing of Charges.
INFORMATION ON OATH
Not Permitted on Part of Prosecu-
tors, as Has Been the Case I'm
der the Amendment of 1000.
DOODLE CASES NOLLIED
New Charges to Be Filed on Oath
of States Witnesses-Wide-
spread Effect of Ruling.
INFORMATION ON OATH
DOODLE CASES NOLLIED

ST LOUIS, Dec 14.-Notifcation of a de-
cision of the Missouri Supreme Court, which
brings into question the legality of hun
dreds of arrests and convictions recently
made on informations in st. Louis, and
which. according to Circuit Attorney Folk.
opens the doors Of the penitentiary through
writs of habeas corpus to many others, was
received here to-day by that official.
In the list of cases which, under the rul-
ing of the court, could be affected if the
plea of illegal arrest were raised, are the
majority of the Suburban Railway fran
chise Doodle cases.
1t Is stated by a well-known lawyer to-
day that the statute of limitations in these
cases expired last November and that If the
present charges against the accused men
should be found defective it would be i'm
possible to bring new indictments against
them.
All of the cases are before the Supreme
Court on appeal, and the records show that
each was tried on information fur
nished by the circuit attorney on his OFF,
cial oath. They follow:
John II. Schnettler, bribery, Suburban
franchise four years.
Jere j. Hannigan, bribery Suburban fran
chise, five years.
John A. Sheridan, bribery, Suburban
franchise five years.
T. Edward Albright. bribery, Suburban
IranCnlSe, nNe years.
Charles A. Gutke, bribery, Suburban fran
| chise, five years.
Edmund Bersch, bribery Suburban fran
| chise, five years.
Charles j. Denny, bribery, Suburban fran
| chise, five years.
Louis Becker, perjury Suburban franchise
| investigation, four years.
Harry A Faulkner, perjury, Subur ban
| franchise investigation, three years.
Mr. Folke notified Judge Mcdonald of the
| criminal division of the Circuit Court and
| proceedings were stopped In all cases af-
| fected. Nine cases were wiped off the
| docket. and the witnesses sent to the grand
| jury room, there to give information upon
| which to base indictments to take the place
! of the invalid informations.
The case against u. j. Arnold, charged
| with grand larceny, was one of those af-
| fected. This case. which called for
Monday, will have to go over to the next
term. Eight larceny, burglary and assault
| cases were similarly treated.
| The decision is that reversing the case
| of the State VS.. William Bonner, which
| holds that an information issued by the
| circuit attorneys Office must be sworn to
by prosecuting witnesses In the case, and
| that circuit attorneys or prosecuting attor-
| personal knowledge of the facts.
| For two years under a former decision
| of the Supreme Court and under the con-
stitutional amendment of 1900 and the act
| of 1901 prosecuting attorneys and circuit
| attorneys have been giving informal ations
| under their official oaths. In ST. Louis
| alone, it is stated, fully 1900 cases have
| been tried on such information and convic-
! tionS resulted.