The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-23
Hockey Man Looses His Very
First Case.
Oakland Man Didn't Wilfully
Keep Children Out.
INTEREST IN SUIT
Was Intended to Test the
Truancy Law.
Question of It's Validity Was Not
Reached.

The first case under the new Kansas
truancy law to be tried before a dis
trict court came to u sudden end in
the district court this morning before
Judge Hazen and a jury.
The case was brought at the instiga-
tion of County Truancy Officer Ram
sey against ]. c. Goings. of OakI$pd,
before Justice B. Williams in his JUS
tice of the peace court in Oakland.
GOings was there convicted of not COM
plying with the state truancy law. He
appealed the case to the district court
The trial was held this morning and
after all the evidence had been sub
mitted the prosecution dismissed the
case as there was no chance whatever
that the jury would ind for anything
but an acquittal-
Mr. Goings was charged with not
sending his three sons. Fasller, Vernon
and Jesse Goings to the Oakland
school. The first evidence submitted
was the record of attendance of the
three boys at the last term of the Oak
land school.
The teachers were placed on the
stand and from their school records
testified as to the number of days each
boy had attended school.
Miss Hall read from the record that
F-assler Goings had attended school
last tearm as follows: October 16i2
days. November 14lz days, December
81 days. January none, February day,
March 1 day, April IL days, May 1sl2
days
Miss Wait testified that Vernon Go
angs had attended school in her room
as follows; October 1919 days. Novem-
Der 10 days. December days, January
s DAYS. February 21z days. March 2is
DAYS April 10 days, May 20 days.
Miss Jamison testified that Jesse Co
fngs had attended school in her room
81 Gays in September, october 20 days, !
November 20 days. December 1215 days. 1
January 31z days, February days. /
March 13 days. April 121a days, May 10
days.
and Deputy JamiSon prosecuted the /
case Archie Williams appeared for the /
defense The state had considerable |
difficulty in producing any damaging
testimony.
The testimony given by Mr.. Goings was
that he had sent the children to school /
and that when ne heard that tAey were
playing truant that he talked to them and
punished them and took them to the
school grounds and that he used every eff
Mrs Goings testified that when she
heard that the children were ying tru-
that furthermore she took them to the
school on several occasions and talked
with the teacher and principals and asked
that she be notified whenever the children
were absent and that she was notified by
Truant Onicer Ramsey testified that he
had served Mr.. and Mrs. Goings with no
tees that the three boys were net at
When the court announced a short re-
cess while the Instructions were being
prepared Attorney McNary decided that /
the case should be dismissed
When Judge Hazen returned he said:
1t is just well that this case has been
dismissed for the court would have in
structed the jury to return a verdict of |
not guilty The Kansas truancy law Is |
like the truancy laws of other states and |
is particularly like the Ohio law which |
has been sustained by the Ohio supreme /
court. but the Kansas law leaves out the l
word 'wilfully' which is in the Ohio law
and which is that the parent must be /
'wtlfully' guilty of not sending children /
TO school The courts will interpret the 1
Kansas law to mean .wilfully' for the law
Is intended only in such cases where the /
parents keep their children from attend /
ing school in order that they may have /
the time of the children for sOmeth:n 4
else or from wilful neglect. In this cass /
the testimony is that the parents did an 4
they gould to send the children to /