The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-30
WILL NOT QUIT.
City Hasn't Dropped the Sewer
Investigation.
Civil Suits to Be Pressed by the
City.
ARREsTS ARE MADE.
Four Druggists and Four WO.
men for Larceny.
James M'Cabe Claims Failure
to Indict a Vindication.

grand jury, which was in session u
days, to indict James McCabe. ex-city
engineer, for bribery and malfeasance
In office, is considered a complete vim
dication by McCabe
Though no indictments were secured
IN connection with the Fifth and Sixth
ward sewers, this by no means ends
the legal proceedings which the city
has instituted. Civil suits are pending
against the sewer contractors, against
the bonding companies which acted as
their surety and against James Nc
Cabe, formerly city engineer
The Fifth and Sixth ward sewers.
especially the Fifth ward sewer, still
stand as monuments of misconstruc-
ton. glaring misconstruction and not
simply mere engineering mistakes.
With portion of the Fifth ward
sewer running up hill, and about four
Thousand feet of it raised on an aver
age of about two and one-haIf feet over
the original plans, resulting in faulty
drainage, with more tile paid for than
was laid in the Sixth ward sewer, the
members of the council who kept tab
on the Investigations made and others
similarly informed know that the mis-
construction occurred and they are
satisfied it was with the collision Of
the city engineers office. The failure
TO secure indictments according to one
witness was due to the failure to Sc
cure any testimony which directly
showed that money had been paid from
one hand to another. M. w. Gilmore.
the contractor on the Fifth ward
sewer who had previously testified to
the council on this point when called
before the grand jury failed to reit-
crate the statements made to the coun-
ell, for fear, it is stated that his testi-
mony would incriminate himself Gill
more knew that the council at his first
hearing nf =;
therefore felt safe in telling fully what
he knew.
Both Mayor VIM. Green and f. G.
Dreaming, city attorney, were some
what dubious as to the outcome Of the
grand jury hearing anticipating when
the hearing was well along that the
testimony which it was desired to pre-
sent to the grand jury could not be
produced in the manner desired. The
final results of the grand jury's delib-
erationS were therefore received with
out any sIrprise.7 Both the mayor and
the city attorney state their intention
to have the civil cases actively pushed.
The recovery of the damages which
the city is asking will make it possible
to reconstruct thelportions of the sewer
where the miSconStruction is heaviest,
though it is considered impracticable
to rebuild the entire Fifth ward sewer
even though it fails according to the
COiHpldlllS VI property OWuSTS 10 OTdlI
the cellars Some of the Sixth ward
sewer may have to be torn up, too, and
rebuilt. - s7s.-
The grand jury returned eight in
idictments, four against Topeka drug
gists who were charged with selling Ii
quor to minors, and other true bills
against the four women charged with
stealing all the household goods owned
by Mrs. T. Pounds. This latter case
was one where a. family composed of
three members of the Oliver family and
one woman relative, occupied a house,
in one room of which Mrs. Pounds had
stored her household effects. The
family, it is charged, broke into the
reserved room where the goods were
stored, and carted everything away. A
major portion Of the stolen property
was found in the new residence Of the
Mrs. Oliver, the mother, Belle and Ha-
eel Oliver, two daughters, and Ethel
Dale, a cousin. They had, it was
charged, removed Mrs. Pounds goods
to another house on Madison street,
where they were apprehended by the
police several months ago. No arrests
were made at the time, and the women
went free until Saturday night, when
they were arrested by Sheriff Wilker-
son on the grand jury indictments,
and placed under bond.
The four druggists indicted were E.
S. Lee, colored. proprietor of a store
at 921 Kansas avenue; B. F. Sim, of
1872 Kansas avenue; G. P. Pierce, 115
East Sixth avenue and George Cramp-
ton, of $40 Kansas avenue. Each of
these druggists were charged with sell
ing liquor to boys under the age of q
years, and the evidence against them
was given by several boys who were
arrested by the police for drunkenness,
and released on a promise to make
statement before the grand jury.
oil nniS0nirp- haSRd on
the mysterious death of John S. Grice,
was investigated, but the grand jury
could not find sufficient evidence to in
dict any one. Grice died, according to
the showing OF the autopsy, OF arsenl-
cal poison, and the general superstition
seemed to be that the poison was ad-
ministered to him in small doses.
The Indictment of the four druggists
was unsatisfactory to County Attorney
Schenck, and it is probable that the
charges will be dismissed within the
week The jury refused to indict the
defendants for maintaining a nuis-
ance," and the county attorney is OF
the opinion that the indictment for
sales, without nuisance clause, Will
be worthless.
The grand Jury was in session l.
DAYS. and the cost to the county will
be a little over 1,250. The jury was
called by City Attorney Drenn1ng's Ell
forts, for the express purpose or IN
dieting James F. McCabe for graft IN
connection with the construction of the
much advertised Fifth ward sewer
The jury spent nine days almost ex-
clusively on the McCable case, hear
ing evidence. For two days OF last week
the Jury wavered and took frequent
ballots on the case, standing to
for indictment on most ballots. Ths
eight jurors wanted to check 1t up
| to the district court. As one of then
remarked, I'VE are not versed in le
dict i'm this case we might be makint
a mistake. If we indict, the legal pow
ers can settle the matter of jurisdic
| ton and limitations during the mex
| term of court. McCabe could easn.
five hond. and he wouldn't be put tt
any serious Inconvenience if we wer'
wrong"
| Mr.. McCabe's Statement.