The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-12
PRISON FOR HIM.
BOOdIing Kansas City Officer
Must 60 to Penitentiary.
Convicted While Member Of
Board of Education.
GIVEN A LONG TERN.
Was Sentenced From One to
Seven Years.
Charge of Murder stays Over
Heads of Deweys.
RIVEN A LONG TERN.

Frank M Camppeu. g former mem
Der of the Kansas City. Kan, board of
education, who was convicted of hood
ling in the lower court and sentenced
to serve from one to seven years IL the
penitentiary, viii have to serve his SEN
tence. The supreme court today affirm
ed the decision Of the lower court.
Campbells troubles date back to the
flood OF 1903 when the lower floors Of
the school district were flooded with
mud and filth. Campbell, c. N. Bowles.
another member Of the board, and Sup
erintendent Biscomb let the contract
for cleaning and building. Campbell
lived in the flooded district and by the
consent OF Bowles and Biscomb took
the lead in making the arrangements
in having the work. done. C z. Gil
haus was employed to pump out the
basement and building, the price agreed
upon being $S5 a day for whatever time
was required to do the work The total
bill which was allowed and paid was
$SSS-l5- A few days after Gillaus re-
ce1Ved the warrant he gave Campbell
$412. 1t was later shown that Gilhaus
had been doing similar work for S7-45
day. Campbell claims that the trans
action between him and Gilhaus was a
personal one, having no connection with
the school contract. He contended the
SAP paid him was for a steam valve
after the work in the school building
had been begun.
Campbell was indicted by a special
grand jury in January. 1904 c. {.
Coleman, attorney general. conducted
the prosecution. At the March term
of court, 1904, Judge McCabe Moore
sustained & motion to auash the in
| dictment but the attorney general ap-
pealed the case to the supreme court
and secured a reversal. Campbell was
convicted in tn edistrict court in June.
/ convicted in the district court IN June,
Deweys Lose Their Case.
According to the decision of the
| Kansas supreme court, Chauncey
/ Dewey and his two ranchmen Will
have to live the rest of their lives with
a charge of murder hanging over them.
/ The court refused to discharge them
I from the charge though il concurred
in the dismissal of the case in the Nor
/ ton county district court.
In the lower court, the case was dis
| missed without prejudice to future ac-
| ton. Dewey wanted an absolute dis
missal. He appealed to the supreme
] court on technical grounds. The SUI
! preme court denied his application.
Smith and Burnett DfsBarred.
The court handed down opinions
J disbarring two Kansas attorneys, J. A
Smith of Wyandotte county and Cleo
/ D. Burnett of Sumner county. Smith
/ was disbarred after a committee of at
/ torneys, selected by the Wyandotte
/ county district court. had made an in
/ vestigation Of his conduct in a case in
/ Lyon county. It was charged that
Smith agreed for the sum of $500 to
swear falsely in the case or to absent
/ himself so that his deposition could
not be taken. The opinion was written
by Chief Justice Johnson. In con-
clusion he says:
Little need be said as to the suf-
hciency of the proof upon which the
judgment of disbarment rests. Al
though the proceeding Is not criminal
lit is of such a nature and judgment Of
disbarment is SO severe and 50 direful
| In its results to an attorney that some
thing more than mere preponder-
ance Of proof is necessary. A judgment
/ deprives an attorney of an Office. Of a
means of livelihood and to great ex-
tent of a good name and should only
be rendered upon clear and satisfac-
tory proof. The evidence in the record
appears to be sufficient to meet the
strictest requirement IN this respect.
Indeed the respondent IN sta tenn ents
pleadings and, arguments made In
! courts seems to have admitted much
of the misconduct alleged against him.
/ The proofs of misbehavior and moral
and professional delinquency are so
clear that there appears to be no
escape from the unpleasant duty Of az
frnfng the Judgment of disbarment.
The charge against Burnett briefly
| stated is that he manufactured a
spurious letter to be used ses evidence
in the trial of a civil actioE IN the dis
| trict court of Sumner county and at
such trial falsely swore to the genuine
ness of the letter. The points involved
in the appeal to the supreme court are
/ largely of a technical nature Bur
nett held that the lower court had no
/ authority to remand the case; that the
| appeal is for the purpose Of a hearing
1 de novo. The supreme court sustains
the Judgment of the lower court and
revokes the license of cleo D. Burnett
to practice as an attorney at law.
Roupetz Must Serve Sentence.
August Roupetz, the Thomas county
farmer under conviction for the murder
i of Frank Kersenbrock, today lost his
appeal in the supreme court and viii
have to serve the term in the state pen
itentiary to which he was sentenced in
1 the district court. The killing was the
result Of an old quarrel and followed
threats on the part of both Roupetz and
Kersenbrock.
Big Victory for Mrs. Wood.
The supreme court today decided the
Kansas City land accretions case in
favor Of Anna b Wood who also Sc
cured the decision IN the district court.
The suit involves the titles to much Of
the land bordering on the Missouri riv-
er in the packing house district Of Kan
sas City, Kan. Mrs. Woods title comes
in direct line from the federal grant OF
the land lying along the river Part of
and the owners made a contract with
James F JOY to deed him certain tracts
bordering on the river IN consideration
of his Iiprapping the river bank After
ward the river changed its channel
eastward again. leaving several acres
between the line of the property decided
to Joy and the edge Of the stream
joys title afterwards passed to the
Armour Packing company the Hanni-
bal & st. Joseph Railroad company.