The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-20
County Attorney Has Stormy In
terview With Capt. Wintr0de.
Marshal Admits That Schenck
Is Not to Blame.
SIGNS A STATEMENT.
Deputy LambersOn Shoulders
Blame I'm Gamblers Case
WfntrOde Officially Exculpates
Schenck and Hungate.
No Explanation Of Why Papers
Were Not Served.

With eyes blazing with indignation
and his whole body quivering with rage,
John ]. Schenck, county attorney,
swept down on ]. T. Wintrode. mar
shall of the city court last evening. He
demanded to know what Wintrode
meant by placing the blame for the
failure to serve the subpoenas on the
witnesses in the gamblers case at his
door. Marshal Wintrode tried to ex-
plain. He said he didn't say it but that
Deputy Lamberson said that Attorney
Hungate had told him not to serve the
papers.
II don't believe it." shouted Schenck.
Il don't believe that Hungate would
do anything of the kind. 1 don't pro-
pose to be blamed for something that
1 knew nothing about. 1 had no idea
that those papers had not been served
until Sheriff Wilkerson came to my
house greatly excited the night before
the trial and told me. The blame for
this thing has got to rest where 1t be-
longs, l want you to understand that"
Marshal FTintrode then tried to place
the blame on the reporter to whom he
talked and who certainly had no other
purpose but to give the facts or state
mentS he heard them.
Attorney Hungate was also very much
excited. He said that unless a retrac-
tion concerning his action in the case
was made at once that he would bring
a libel suit against Wintrode.
The result is that Wintrode and Lam
berson have both issued signed state
ments generating both Mr.. Schenck
and Mr.. Hungate.
Deputy Lamberson's Statement.
]. H. Lamberson, the negro deputy
marshal of the city court, in his state
ment takes the entire responsibility for
the failure to summons the witnesses
in the now famous gamblers case.
Lamberson accounts for the blunder
by saying that II supposed" so and
so, and bases this failure in his duty
on those grounds.
Lan2bersens statement in full fol-
Topeka. Kan. March 20. 1907
Relative to the case of the state
against Tobias, ct al, and the statement
concerning the same contained In the
Topeka State Journal in It's issue OF
March 49, 1907, l desire to say that
never talked with County Attorney
Schenck about subpoenaing the wit
nesses for the state in this case, nor did
he ever at any time instruct me not to
subpoena the witnesses.
Il did however, have a conversation |
with Mr. Otis E. Hungate. one of the |
attorneys for the defendants. about
March 8, 1907. in which Mr.. Hungate
told me that the case could not be tried |
on the 9Th of March, the date it was
originally set for trial, on account or |
Mr.. Schenck being engaged in the trial
of a damage suit against the county in
the district court on that day
This is the only conversation had |
with Mr. Hungate concerning this case. |
He did not request me at any time not /
to subpoena the witnesses for the |
state.
Neither Mr. Hungate nor Mr..
Schenck were responsible in this case |
for the failure to subpoena the wit
nesses Mr.. Hungate never stated to me
that there would be a waiver of pre-
liminary examination, or that the case
would not be tried on the 9Th of March.
ct suppOsed when I learned that the |
case was not to be tried on the 9Th or
March, that there would be some other
made about subpoenaing
the witnesses for the date the case was
set for trial after the continuance.
- H. LAMBERSON."
Says Deputy Is Stupid.
Capt. Wintrode, marshal of the city
court admits that he has stupid
deputy. He has been with me for
four years" he said, "and he hasn
vet learned how to handle the papers
that come into his possession. He is a
good Christian man, and as honest as
a man can be 1 believe, and honestly
do not think he made this blunder
through undue influence of any kind.
But the truth is he can't remember or
learn how to handle the business
appointed him four years ago after my
election because the leaders or the
me and told me that in view of the fact
that the colored man who was run
ming for the office was defeated. 1t
would be necessary to give the colored
folks representation some place. and
as it appeared that the Office of deputy
was the only place available,
should appoint a colored man. So
we gave the place to Lamberson. one
os the defeated candidates for the Of
fee of marshal"
Capt. Wintrode made the following
statement which he signed this morn
ing:
'"Topeka. Kansas. March 90, 1907.
Relative to the case of the state vs.
Tobias ct al. and the statement con-
,erning the sa me contained in the To-
reka state Journol in it's issue of
March 10. 1907. I desire to sav that
Mr. Otis f. Hunpate. one of the at
-@rnevs for the defendants nor County
ever ar anv time talked with me about
lot subpoeraing the witnesses in this
case. nor did I hear them talk to any
me else. and I never received anv
communication from either of them.
7irectlv or indirectly. even suggesting
hat the witnesses for the state be not
in this case. and I actually
hought that the witnesses for the
,tate had been subpoenaed until the
>ase was called for trial on the morn
ng of March 1S, 1901
"J. T. WINTRODE."
Make Miller Scapegoat
Mr.. Schenck made a sensational state |
rent that places Wintrode in a bad 1
light. There were two candidates for (
of the city court. Wintrode and {