The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-16
sentence.
Only a Few Cases Dismissed

| sentence.
Only Few Cases Dismissed.
only very few Gases have actually
peen dismissed by me. Those were ones
/ IN winch l felt certain that no convic-
| ton could be secured 1t must he horne
| IN mind that there is a great difference
| between dismissing an appeal and in
| dlslnlsslng case In the first instance
Wnen an appeal is dismissed the judg-
| tnent or the lower court still holds good
! and in the second the case is dismissed
| outright, but have never yet dismissed
a case outright, one in which 1 did not
| think a conviction possible, without
| making a compromise with the defend
ants whereby they agreed to pay sum
to cover the costs in the case. This was
just what happened in the Bee Ad-
/ ANS case. L was certain that convic-
ton could not be secured and dismissed
the case on Adams agreement to nav
S25 to cover the costs and this was
done.'
Mr.. Dreaming states Nthat during his
| first two years in office he collected for
the city over three thousand dollars in
| fines and costs, in many instances on
old cases from previous administrat tons
and that this sum was more than suffi-
c1ent to meet all the judgments against
the city. both in civil and criminal cases
and still leave surplus of $500.
If the city does not want to do bust
ness in that way" concluded Mr. Dren-
ming, 1T is most peculiar: During prev
after
case was dismissed outright it cost the
city $1,000 in one year for costs alone
in these cases.
Defendants Are Rearrested.
1t developed this morning that City
Attorney Dreaming had made some
contracts and could not deliver the
goods He had made arrangements
with several defendants in liquor
cases, who had appealed from the
sentence of the police court to let
them escape the Jail sentence if they
would pay the costs. Dreaming was
circumvented in his designs by. the
prompt action of the police in asking
for some of the mandates issued, and
Immediately arresting the defendants.
AS a result, Henry Schaffer, Barney
McManus and H. H. Howard are in
the city Jail to serve their sentence of
thirty days in jail. All the men, when
brought in, expressed great indigna-
ton, and declared that they had made
deal with the city attorney whereby
they were to escape the tedium of a
30-day stop over in the city bastile. |
Attorneys for each of the defendants
hurried in to expostulate, but the po-
lice showed the mandates which they |
had received as authority for the
capture and detention of the victims, |
and nothing could be done. 1t is sur |
missed that City Attorney Dreaming, !
who accepted sums of money from |
some of these prisoners on behalf of
the city with the understanding that |
they should not be locked in Jail, will |
have an unpleasant half hour when |
he meets them face to face.
Last evening, after II appeals had |
between Dreaming and the !
defendants, Dreaming went to clerk of |
the district court, r. L. Thomas, and !
instructed him that he needn't hurry |
with the mandates, as none of them |
would be used, and not to send any of |
them to the police court until he re- |
ceived permission from the city attor- |
ney Thomas, knowing his duties In |
such matters, paid no attention to the !
order, and got out the mandates in |
the regular way, and this morning the |
police demanded some of them, hav- |
ing heard that the defendants were |
time Dreaming told Police Judge Urmy |
that none of the mandates would be |
served. Each defendant seemed to have |
this understanding that they would be let |
off on the payment of the costs, and |
If the police do not get them before |
this becomes public, they will in all |
pro ba bility leave town. The police hope |
to get all the mandates this afternoon,
ants Bee Adams, the notorious
jointist. who has troubled the police
for years, paid cost money to Dreaming |
in district court yesterday, and his |
case was dismissed. Last night the
police attempted to catch him on the
same charge, but he has escaped, and |
the officers were unable to find him.
Henry Schaffer, when seized by the
police today, was very indignant. Ar
had been made between
himself and the city attorney. Nc
Mannus' lawyer was on the spot in a
few minutes after his capture, and
made strong argument in favor of
allowing the prisoner his liberty until
he could complete arrangements start
ed with the city attorney. Howard was
greatly, troubled because he could not
why the city attorney
should break an agreement.
Hutch Cave, an alleged jointist who
was convicted in police court and re-
leased upon payment of costs by City |
Attorney Dreaming, will be rearrested
at once on six counts.
Business seems to be picking up for
the city attorney on all sides. The
police are breaking all the eggs in his
nest by refusing to honor his agree
ments with jointists. and filing objec-
tons to his manner of collecting fines
and costs, dismissing jail sentences and
other irregularities.