The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-09

in the discharge OF an official duty is
found competent he shall receive the
| office desired.
1 The court says: 1--WE conclude that a
| veteran who shows himself competent,
within the nearing of the law, to per-
form the duties pertaining 10 the office
applied for, is entitled thereto; that It
Is the duty of the appointing power to
determine whether or not the applicant
possesses the qualifications which make
him competent; and that the examina-
ton of such questions shall be conduct
ed fairly and impartially and in good
faith, and when so conducted is not
subject to review"
Hansford Must Stand Trial.
Allen Hansford, a son of Fri Hans
ford, who is one of the wealthy farmers
Of Shawnee county, must stand trial in
the district court on the charge of a
statutory crime which he Is accused of
who was a member of the Hansford
household
A decision was handed down by the
supreme court today sustaining the
court to the effect that Hansford must
stand trial for this crime even though
there was a mistrial of the case when
it first came up in the district court.
According to the allegations of the
Warrell girl young Hansford commit
him during October, 1905 Hansford
was arrested and bound over for trial
in the district court after preliminary
hearing in the court of Topeka.
His trial in the district court came in
good time. jury was secured and
Minnie Warrell had given her testimony.
At the conclusion of her story s. c.
Lands, one of the jurors, communica-
ted with the court that he had state
ment to make. The court heard this
of nj he do nj
fore the trial was resumed. Mr.. Lands
said:
After hearing the plaintiffs testi-
mony yesterday there was refreshed in
my mind circumstance similar to the
one We are trying, or have been trying
here, and it has put my mind in such
shape that I am not sure whether I
could give both the state and the de-
PENDANT the same trial and ask to be
excused
Many questions were put to Mr.. Lam
dis by the counsel in the case and Judge
Dana and he said that the incident
which had been recalled to his mind
occurred to his fathers family and that
he was satisfied under the circumstan-
ces that he would be unable to give the
state a fair trial in the case at hand.
Judge Dana decided that there was
but one thing to do in the premises.
He excused Mr.. Lands, discharged the
jury and continued the case for trial
at the next term of the court.
When the second trial Of the case
was called in the district court some
months later Hazen and Cav, attor-
neys for Hansford, protested against
it's legality on the plea that their
client had been placed in former
jeopardy for the same offense. They
asked for his discharge and quashing
Of the case against him on this
ground. Judge Dana overruled their
motions to this end and Hansford's
attorneys appealed Immediately from
the state for an adjudication of this
question. The supreme court sus- !
ta:ns Judge Dana's position in this
question in the following language of
Chief Justice Johnston, who wrote the |
opinion Of the court:
Where after the jury called in a |
criminal case is sworn and testimony |
Is introduced, the court learns and de- |
termines from an inquiry judicially |
conducted that a juror is prejudiced |
and unfit to sit in the case and that the !
disqualification is such as would vitiate |
a verdict, the jury may be discharged |
and another jury may be empaneled |
to try the case and the defendant will |
not be deemed to have been thereby |
twice put in jeopardy for the same Of
fense."
w. E Atchison, assistant county at
Lorney, and Col Joe Waters, of counsel |
for the state, represented the state in |
the conduct of the trial of Hansford |
court. 1t is likely that Hansford will
be placed on trial again in the district |
court in the near future.
The Warrell girl has civil suits pend
ng against Hansford and his folks for
arge damages and also against a ply
stefan who was mixed up in the case.
Court Reverses Itself.
The supreme court holds that the
attorney general cannot collect an
attorneys fee for prosecuting a case
in the supreme court on an appeal
from a lower court. The attorney
general asked the court to make an al
owance of attorneys fees in the fol-
lowing cases: Chod Thomas, from
Cowley county; Arthur Schmidt, from
Cowley county; Frank P. Plamondon,
from Shawnee county; Oscar Schmidt,
rom Cowley county; Frank Former,
or, from Miami county.
The supreme court at a previous
nearing of these cases allowed the at
.orney fees asked for but granted a
,ehearing of the cases and reversed
heir former decision relative to the
tights of the fees claimed by the attor-
leys interested in the cases. This de-
,fsion will cost G. G.. Coleman ex-at-
orney general, and F. S. Jackson, at
orney general, several thousand dol
Ars.
Reverses Wyandotte Court.
Because property does not touch a
lew street to be opened is no reason
Why it should not be assessed as a
part of the benefit district according
o a decision of the supreme court III
he suit of Martin Napiecek against
he city of Kansas City, Kansas. The
'ity council opened street and some
If Napiecek's property was included i'll
he benefit district although it did not
ouch the new street. The court of
common pleas of Wyandotte county
leld that the property should not be
assessed and the supreme court re-
rersed the decision.
Jolt for Judge Fuller.
An assistant attorney general has all