The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-17
POLLOCK SAYS IT.
Fixes Time for Filing Motions
in Land Fraud Cases.
They Must All Be in Before
January 80.
SMITH CASE IN DOUBT.
Hay BE Tried in Topeka or
Kansas City.
Judge Phillips Has Not Yet
Arranged Details.

Judge John S. Pollock this morning
entered an order that all preliminary
motions to quash. motions of insuffi-
cheney Of evidence, and demurrers in
the land fraud cases must be filed in
the United States district court before
January %.
This precludes any. possibility of the
cases coming to a hearing till this month
as has been anticipated The order also
applies to the case against Fred Dumont
Smith, senator from Edwards county.
who is charged with conspiracy to in
huence a federal officer by means OF
valuable considerations against the dis
charge of his duty.
The motion of Smiths attorneys at
| tacking the Indictment which they hava
already forecasted. will also be fled in
Topeka The location of its hearing Is
still in doubt. Judge Pollock asked TO
be excused from the case because Of
his long acquaintance with the defend
ant, and Judge Philips, the United States
district judge at Kansas City. NO, win
take his place.
L will have a conference with Judge
Philips about the matter in a day or
two" said Judge Pollock this morning.
! at which time the cate Of the hearing
| of the preliminary motion VIII doubt
leSsly be set. 90 not know whether
/ Judge Philips viii hear il in Kansas
city, or whether ne will come here
lne other sixteen cases viii all be
heard in Topeka, but some OF them are
likely to be transferred TO Wichita Tor
trial. As quickly as the preliminary mo-
tions to quash are hleus Harry Bone
United States attorney, viii go before
Judge Pollock and have him set the date
of their hearing. This will likely De
some time during the first week OF JAN
uary.
/ adopt" said Mr.. Bone this morning.
"W nen the motions are in we shall ser
/ The time for their hearing. No motions
: ! of this nature viii be entertained Tor
ding after January z9. The time VIII
then be up. II we do not act vigorously
IN this matter, then the de1endanIs
might come ia at any time later and say
that the motions were being depended
upon TO dispose Of the case and that
: they were not ready Tor trial and wished
cOnuinuauces. To offset any delay Of this
kind, 1 asked the court to make this
order conclusive on January p. 1t VIII
bring matters to q focus
II Il do not know whether all of the
case will be tried here or not" said
Mr. Bone. THE Smith case viii be
taken care of by Judge Philips and he
may come here to hear the preitmin-
: airy motion which the attorneys say
that they will file. The hearings, now
: ever, in the other sixteen cases VIII all
be set for Topeka and practically at the
same time Where the preliminary
: motions are not looked upon favorab bly,
by the court, if any are so acted upon.
trials will naturally follow. Some OF
these I think will go to Wichita to the
term of court there. I understand
now that some of the attorneys for the
defendants wish such changes to be
made" m
entail matters of exceptional interest.
Some hard fights are anticipated IN
the Smith case, for instance, the attor-
f neys are expecting to easily KNOCK OUT
! the Indictment on a motion to quash-
1 Senator smith himself has, in a
e lengthy interview, shown himself TO be
: verv enthusiastic over such result.
I 1t is not likely. however, that the pre-
f liminary motions in any of the cases
5 will outline to any great extent the
f defense which viii be made or more
Y particularly, the points in which the
/ indictments will be attacked The mo-
tions will probably be formal only in
abatement proceedings are defendants
REQUIRED to set forth their theory OF
2 knocking out the Indictment