The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-06-15
LEHMANN AND HARTMANN
MUST SERVE SENTENCES;
EFFECT OF DECISIONS.
Continued From Page one.

Continued From Page One.
the commission Of crime. and the wise provi-
sion Of the statute only emphasizes the con-
clusions herein announced that defendant has
suffered no injustice by reason Of being charged
Jointly with others In the commission OF the
ofrense.
The witnesses were before the jury. II their
testimony was believed by them the verdict
is fully supported. Some OF the witnesses were
aecomplices. That fact was fully developed
before the Jury and It was specially their
province 20 determine their credTbIity and the
weight to be attached to theIr testimony. Sind
Ing no reversible error In the trial Of this
cauee. the Judgment OF the trial court is AZ
hrmed. All concur
SNYDER CASE REVERSED.
r NJ. Snyder was Indicted for bribery
In connection with the Central Traction
deal. in which $4,000 was distributed
among the city's legislators. He was
found guilty and sentenced TO i've years
in the Penitentary in October. 1908.
Snyder had charge OF the legislation in
connection with the consolidation of the
street railways. He disposed of the
franchise, which he had secured for 81
$4,000. The statute OF limitations had be-
come operative In his case, but as It does
not apply to nonresidents. evidence was
produced to show that he lived in New
York. The Jury took this view OF It and
convicted him. The finding OF the Su-
preme Court Is to the effect that he was
q resident Of Kansas City. where he is
president Of a bank and accordingly re-
versed the case. He will probably not
be brought. 10 tfial again.
Mr.. Folk was in Kansas City yesterday
when he learned of the decision and
talked with his assistants over the long
distance telephone. After. the conversa-
ton. persons in his Office said that when
Mr.. Folk was told Of the decisions in the
lehman. Hartmann and Snyder cases he
said that the decisions in the first two
cases affirming their sentences and sus-
tanning the joint indictments and the
courts Instructions practically removed
all of the obstacles in the way of con-
victions In the St Louis Doodle cases yet
to be tried
REMOVES ALL OBSTACLES.
Up to two years ago. it seems. there
had never been prosecution in this State
for official boodling, and during the last
two years there have been more prosecu-
tions for bribery In Missouri than In all
the United States in the preceding fifty
years.
There were many questions on the law
OF bribery wholly unsettled, and the
court and counsel had to travel an un-
known road without precedent to guide
them.
The other st. Louis bribery cases have
t4Ir
Court on mooted questions that the su-
preme Court now decides in Mr. Folks
favor.
All OF these cases will now be set for
trial. and Mr.. Folk will devote his time
from now until September prosecuting
the cases in court On June q the cases
of John A. Sheridan. Charles A. Gutke,
Charles T. Kelley and Charles Denny, in
dicted for accepting bribes as members
of the House of Delegates in the light
ing deal, will be tried before Judge Nc
Donald. The case of John H. Schnettler,
charged with bribery in the Suburban
deal, comes up in the same court early
In July. The cases OF Jerry ]. HannIgan
and Edmund Albright are in tho Suburban
5000 deal, and are set for trial In n'Judge
Taylor's court.
July II, Charles Kratz will be tried at
Butler, No., before Judge Graves. August
/, the Snyder cases, Mr.. Folk says, will
be set for trial before Judge Taylor during
the summer.
FOLK WILL PROSECUTE CASES.
1t Is Mr.. Folks purpose to finish all
these cases, IL possible. before he goes
out Of Office as Circuit Attorney next jan
uary.
The reversal and remanding of the
Snyder case is on the question of resi-
dence. the court holding that Judge Ryan
should have allowed him separate trial
on his plea in bar setting up the statute
Of limitations. Judge Ryan held that this
defense could be tried and submitted to
the jury under the general issue of not
guilty. The Supreme Court also ruled that
Judge Ryan committed error in holding
that the words "inhabitant'' and usually
resident were synonymous, and In taking
from the jury the question as to whether
Snyder was an inhabitant of Missouri
The court also incidentally held that Il
was error for the Circuit Attorney TO tell
the jury that the evidence as to bribery
ney did not refer to the defendant In his
but to the fact that there was
no evidence to contradict the States evil
dence as to bribery. In ether cases the
Attorney Is allowed TO saw to
the jury that a certain fact is not denied,
even though the defendant might bv in. |
ference be included. This has been held
not to be comment on the failure of the
defendant to testify The Supreme Court |
holds that this cannot be done in bribery
cases. as no one is supposed to know az |
1t except the defendant and such a COM
ment necessarily involves him
In his opinion on the Snyder case, Judge |
Can't said.
fIn criminal statutes OF limitations the
State surrenders by an act of grace its
right TO prosecute and declares an Of
tense shall no longer be subject TO prose-
cution. 4 The statute is not q statute of \
process to be scantily and grudgingiy !
complied with. but an amnesty, declaring |
that after a certain time Oblivion shall |
be cast over the offense. This is the |
language OF Doctor Wharton in his 'Crinri- |
nal Practice and Pleading Gectioa s16)R !