The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-18
THROUGH THE NET
Gamblers May Escape Penalty of
the Law.
Stupidity or Cupidity of Deputy
Responsible.
DIDN'T SERVE PAPERS.
Witnesses Got Out Of Reach Be-
fore Trial.
Fails to Give Any Reason for
His Failure.
DIDN'T SERVE PAPERS.

| The efforts of County Attorney
Schenck to bring to justice the five
gamblers arrested recently by Sheriff
| Wilkerson and his deputies have tenn
porarily been defeated through the
| deputy marshal of the court of Topeka.
When the case against Mike Thomp-
son. Cyrus Hurst, Tobe Tobias, Joseph
Matthews and Edwin Ogee was called
| in city court this morning, County At
torney Schenck was forced to ask for a
postponement of the hearing because
of the fact that he had just learned that
the witnesses that he had asked to be
summoned had not been served with
the summons and that most of them
had been allowed to leave the county.
Isaac Lam berton, the negro deputy
who was given the papers to summon
the Witnesses made returns to the
clerks office that the summons had
been personally served on all the per-
sons enumerated in the list that were
desired as witnesses. 1t now develops
that out of list of nineteen persons de-
sired as witnesses, only one was act
ually served with the summons, not
withstanding the fact that returns
were made to the office of clerk Of the
court that the summons were all per-
sonally served, and charges were made
for the same as though the summons
had actually been served.
1t has been found that the witnesses
have been allowed to leave the county
without having been served with the
summons, and unless they can deserved
and brought into court the case against
the gamblers will fall to the ground,
and there can be no convictions.
County Attorney Schenck said in
court this morning:
81 will have TO ask that this case be
continued till the witnesses for the state
can be found and served with summons.
l learned from the marshaps returns
in the clerks office that the summons
had all been personally served, and had
no other means of knowing but what
the returns were true and 1 had intend
ed to devote yesterday to preparing the
case for trial. But now I learn that
the returns made were false, and that
through the neglect of the marshal,
either wilful or otherwise, the witnesses
for the state have been allowed to
escape. Without these witnesses can
not go on with the prosecution of the
case If the marshal of the city court
will not serve the summons, 1 desire
that they be turned over to the sheriff
of the county for him to serve, and
the costs assessed to the court of To-
peka."
Judge McCabe postponed the hearing
till March %.
In the meantime an endeavor will be
made to round up the witnesses.
County Attorney Schenck did not say
directly that the deputy marshal re-
ceived a bribe from the gamblers on
their friends to fail to serve the wit
nesses with summons or not 1t may be
that he was too lazy to serve them. The
fact remains, however that returns
were made to the clerks office that the
summonses had been served.
A reporter for the State Journal to-
day asked Lambertson why he had fall
ed to serve the summons.
Cause" was the only reason he had
to answer.
Il told Capt. Wintrode, the marshal,
that I could not find the persons he
said
But it seems that the returns made
to the clerk were in Lambertson's hand
writing, and charges were assessed for
serving the papers the same as though
the service had actually been perform
ed.
The deputy marshal may be prosecut-
ed for making the false returns and
failing in his duty of serving the pa
pers and thereby thwarting all the ef-
for+S Of tho proseclIting officers