The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-04
HUNGATE STILL ANGRY.
He Thinks Chief stahl Hasn't Treated
Him Right.

County Attorney Hungate is still
wrathy over the action of Chief of
Police Stahl in going to the justice
of the peace court in Oakland pre-
sided over by Ben Williams. who was
constable of the Oakland justice court
under Justice of the Peace Disney, to
bring criminal action against Jointists.
Stahl raided five joints on warrants
from Williams court. Stahl did not
consult Hungate about the bringing of
the actions. Williams issued the war
rants without any further instruc-
tons. Williams was at the court
house this morning and considerably
worried because he cannot secure his
fees unless the county attorney places
his o. K. to the fee bill and Hungate
was very wrathy because of the course
taken by Stahl.
ST do not like this way Chief Stahl
has of taking a roundabout course
impression" said County Attorney
Hungate this morning. "StahI would
have it appear that I will not prose-
cute cases brought against jointists.
will prosecute such cases and have
told Stahl so many times and he
knows it mad has talked with me con-
corning prosecutions. Now he takes
a roundabout and expensive course.
My notion is that he does this simply
to try and have an assistant attorney
general appointed for Shawnee county
by trying to throw out the impression
that / will not prosecute. 1t is my
duty to prosecute and I will prose
cute and will prosecute these cases
in Williams court
"a month before the election in No
vember Chief StahI and Police Judge
Hamilton came to me at the court
house with a list or names OF witnesses
in joint cases. I told Stahl that
would take the names. hold an inquisi-
tion,' summons the persons named in
the list before me and proceed in that
to bring prosecutions against
jointists. Stahl and Hamilton said
that was what they wanted and after /
had said that I would do that at once
then Stahl wanted me to wait a month
or so until he could increase the list of
witnesses and have all the cases
brought at once.
II consented to his request. After
having that conference and telling him,
as have told him before, that I would
proceed in the proper manner he lodges
off to Oakland and brings cases I'm
known to me and know nothing about
the cases, whether he has any ev1d ance |
or not. He made some raids, changed |
the patrol wagon through the streets
with loads of joint fixtures on board |
but that counts for nothing.
1.-THE evidence before the justice of
the peace may be enough for that JUS |
tice to find the defendants guilty but
they viii appeal to the district court |
and in the district court there must be |
some evidence on which to secure con- |
victions. The cases eventually go to |
the district court and why not start |
them there and save the time and ex-
pense of a justice court trial.
Besides that if it was desired that |
the cases be commenced elsewhere they /
could have been brought in the city |
court and all the justice court fees /
saved and the cost to the county les
sened. Stahl did not need to go to /
Oakland and he knows it and he knows /
ha n
Iimony and list of witnesses I would |
nave proceeded first by examining wit
lesses and then by bringing cases di-
rect in the district court.
II held an inQuisition' and summon
I'd witnesses who were given me in a
list of names furnished by Mayor t
From that list OF names
brought cases in the district court /
against seven defendants and convict
I'd every one of the seven and did not /
Ose a case These seven who were each
in the district court on the
charge of maintaining a nuisance were
Fred Simmons, Fred Ross, Turk Sim
mons, Pete Plamondon, Frank Murphy, |
Newman Hoard and James Sheasley.
Some of these had never been convict
ID before All these cases were appeal
ID by the defendants to the supreme II
court but I have no fear but that they Il
will all be sustained as the appeals
we're very 1imsy. They are set for
learing by the supreme court next
month. Besides these seven Fritz
Ourein, Charles Hoffman and Herman
Jterman were all convicted and all
;erved time in the county jail. That II
makes ten cases and not one lost One II
is worth q thousand of these
,pectacular arrests Stahl makes and +
en- convictions in the district court al e
more than he has made with all his
buster.
IF Stahl wishes to proceed against
he jointists he can come to me with
lis evidence. 1t is my duty to prose-
ute. That is what I was elected for
md I will prosecute. don't like this
hrowing out of false impressions by
stahl and this move for an attorney
general when we do not need any"