The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-07
SMITH CASE TO WAIT.
Preliminary Motions VIII Not Be
Heard This Week.

It is probable that the anticipated
fight on the demurrer which Fred Du-
mont Smith will file in the case pre-
ferred against him by the federal grand
jury for conspiracy, will not come off
this week at the Kansas City term in
the United States district court, but
viii very likely go over to next week.
The delay is directly occasioned by
the absence of N. H. Loomis, one Of
his attorneys, from the city. Mr.
LOOMS presence in Omaha on Monday
and Tuesday of this week is necessary,
and when Senator Smiths case is call
ed tomorrow at Kansas City, cOntinu-
zee will be asked for few days.
The custom before a federal court is
set them for the remainder of the
week. Mr.. LOOMS, who with Charles
Blood Smith is defending Senator Smith,
wants to be present at all stages of
the trial of the case. For that reason
date is not set for the latter part
of this week anyway.
The indictment will be attacked.
Neither Mr.. LOOMS or Mr. Smith will
even hint at their plan Of breaking up
the indictment. They say that they are
going after it with a sharp stick, but
that is the extent of their interview on
the matter.
= wish you would put me next as
to your plans?' said H. J. Bone, United
when he met them in the federal build
ing yesterday.
THE indictment will be attacked for
general cussedness." was Mr.. LOOMS
reply.
1T strikes me- said Mr.. Bone a lit
the later. that the Indictment is pretty
good. It is interlined considerably, if
that is fault"
Senator Smith in speaking of the in
dictmeEt recently declared that he had
hPen CHARGED with a crime under one
statute and indicted under another. This
he claimed to be a very vulnerable part
of the proceeding against him, and his
plan is to attack this very strongly.
Mr.. Dean, under whose direction as
United States attorney Senator Smith
was indicted, declares that the indlct-
ment is patterned after a form APPROX
| ed by the United States supreme court.
The demurrer will entail a hard fought
battle Senator Smiths attorneys are
confident of ending the whole matter
il that way.
The majority of the land fraud cases
will come up at Kansas City this week:
The faVOrite plan of defense IN all OF
them Will be demurrers, motions to
quash. and charges of insumciency of
evidence in the indictments. The ses-
sion which begins tomorrow will be
characterized by legal battles of this
kind.
Mr.. Bone and Assistant United States
Attorney West viii handle all the cases
for the government. Francis J. Henry,
the special solicitor of the government
in land fraud cases will not be here as
at first had been planned. The United
State attorney general has Informed Mr..
Bone, that he will be expected to ham
die all of the cases by himself. Henry
was formerly United States attorney in
| California and was transferred to Ore
gon to help in the big fight up there
His work was so good that the attor-
ney. general has appointed him special
solicitor in just such cases as are to
be tried this week.
In addition to the land fraud docket,
there are six cases for illegal liquor
sales. two for obscene letters being sent
through the mail, and several other
minor cases to be tried at this term of
the court at Kansas City. The session
will last more than two weeks accord
ing to present indications.