The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-19
Marshal WintrOde BIames the
County Attorney.
GIVEN ORDER TO WAIT
Says Mr.. Schenck Ordered Him
Not to Serve Papers.
statement Is False" Says the
County Attorney.
Didn't Even Discus Proposition
with the Official.

Who is responsible for letting the
| gamblers get away? That is the ques-
ton that is agitating the officials at
the court house well as a great
many others
1t is certain that the witnesses are
gone beyond the reach of the count:
that the returns show they had been
served with subpoenas when in fact
they had not and that the prosecution
can not go on without the witnesses.
The affair has bad look. 1t may be
due entirely to official stupidity, but
nevertheless it will be difficult to con-
vince the public that this is the, solG-
| tion.
Captain Wintrode. marshal of ths
clty court said: The county attorney
gave orders not to summon the wit
nesSes for the hearing on the 18th after
the postponement of the hearing from
March g." Mr.. Schenck positively de-
MES making any such order or of Gis-
cussing the matter with Mr.. Wintrode
or Deputy Iambertson.
1T is false said County Attorney
Schenck- I never ordered the papers
held up or even discussed the natter
The preliminary hearing was oiigi-
nally set for March s. but on account
of County Attorney Schenck being e.
gagged the entire week in the district
court defending the county in the ia
cobs damage suit, the preliminary was
postponed till the 18th by agreement
of Mr. Schenck and the attorneys for
the defendant gamblers.
Following this postponement the
marshal claims he was ordered not 20
serve the summons, both by County
Attorney Schenck, and by Attorney
Hungate representing the gamblers.
County Attorney Schenck denies nav.
ing ordered the holding up of the sum-
mons
So that if Mr. Schenck's statement is
true dhe summons must have been held
up on the authority of Attorney Hun
gate, who, Mr. Wintrode says came
into his Office and told I4ambertson not
to serve the papers because they in
tended either to waive the preliminary
hearing in the city court or would
make a settlement of the case withou.
trial.
The list of witnesses We're furnished
by the county attorney and no one ex-
cept the county attorney had any legal
right to order that the summons be
not served on the witnesses desired.
So if Attorney Hungate asked this he
exceeded his authority as did also the
deputy marshal, Lambertson. who car
ried out the instructions that he had
no right obey.
Mr.. Wintrode explains the fact that
the papers were returned to the clerks
office, marked that they had been per-
sonally served and charges figured up
and assessed, as an accident. Mr..
Wintrode stated today that the papers
in this matter were on his desk with
others and that they were sent to the
clerks office in this manner through
an oversight.
Regardless of the explanations in
the matter 1t appears that for the time
being the case against the gamblers Is
defeated, and will be of no avail until
service may be had on the desired
witnesses the most important of
whom are now out of the jurisdiction
of the court.
Captain Wintrode today said: II
supposed of course that the officers
with Mr.. Sch enck at the time of the
raid would be on hand as witnesses
without the necessity of having to
serve the summons on them"
"Is the sheriff IMP asked Mr.. Lam
bertson as he shuff1ed UP to the desk
in the sheriff's office this morning
mo, he is not" replied Under Sher-
iff Norton. HE is out of the city
won't I be able to find him today? %.
Lambertson then asked.
On being informed in the negative
he started out of the office saying. IT
wonder if Wilkerson is trying to dodge
me- like he did before ?"
Lambertson wanted to serve Sheriff
Wilkerson with the summons in the
ga mblerS case.