The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-21
HAD BOOK HID.
How City Attorney Destroyed
JOinists' Alibi.
MIR. Dreaming Severely Censured
by Judge Dana.
GIVEN A NEW TRIAL.
of F. NJ. Adams and
Wife Set Aside.
Telltale Docket Dragged From
Its Hiding Place.


him for a while" What the court said
to him was broader than anything ever
said to prosecuting attorney from the
bench in the Shawnee county district
court within history, and there is a
chance that Judge Dana will file dis
barment proceedings against the city
attorney.
When court opened this morning at Q
o'clock the assembled jurors and wit
nesses expected a city appeal case to be
| the first thing on tap. They were sur
prised when the court raped for atten-
ton. and delivered himself in substance
as follows:
I'm this court last evening Bee
Adams, a negro, and his wife, Johann
Adams, were each convicted of selling
| liquor illegally. These two defendants
will be granted a new trial. for the fol-
| lowing reasons:
T 1.-THE prosecution deliberately lied to
this court in regard to certain condi-
! tons The case went to the Jury under
conditions which demand a new trial.
Mr.. Dreaming, If you wish to bring this
| case up during the next tarm Of court,
and fight it along straightforward meth
| DDS, a new trial will be granted, other
| wise, the case will be dismissed as soon
| as it comes UP for trial.
The facts in the case are these: Last
evening jury in the district court
found Bee Adams and his wife
Johann Adams, guilty on eight counts
| OF liquor Selling-Six for Johann and
| two for Bee" whose right name is T.
M. Adams. The conviction was based
On the testimony of two police officers
and four negro spoilers who had as
sisted the police In the capture of the
Adams family. There is little doubt in
the mind Of the public concerning the
guilt of the Adamses. who have enjoyed
| a bad reputation and frequent convic-
| tons for number of years. Bee"
| Adams is known to be a jointist and
| bad man; about a year ago he distin-
| guished himself by trying to kill a DO
| nceman, and escaping with light fine
| for assault. His wife served time In
the penitentiary for manslaughter. and
| both are admitted to be bad customers.
But the evidence against them was bad
ly tangled and they are entitled, as the
court said, to a new trial
The four negro spoilers testified
1 that they had purchased liquor. suffi-
cfent in amount to. constitute the eight
| counts. from the defendants on October
| = 1S01 The defense, handled by Judge
Joseph Reed. introduced an alibi show
ing that Adams and his wife were not
In town on October 2, 1907 The city,
as rebuttal put two policemen on the
Il
and his wife were arrested ana booked
on october 2, knocking out the alibi.
| The defense, to rebut the rebuttaI an
pealed to the court to order the produc-
ton OF the police docket, which would
| amses.
rms is reasonable request" re-
1 pied the court, land it is so order.
ed. The chief of police. who was
| present IN court then instructed a de-
| tecliVe 10 go to the police station and
procure the docket in question. While
n1ngs assistants telephoned to the DO
lice jailer: Tell Detective Summers
| 10 let that docket alone, and 60 on nm
town, out Of sight, The message
came too late, the officer having Sc
cured the docket, and started back
tant, who is in no way blamed for the
orders OF his superior officer. met the
onicer In the corridor of the court
and took possession of the book, hid.
ing 1t in hole behind a filing cas-,
In the office of the clerk of the dis.
trict court, only a few feet from the
court room. AS the case was resurn.
ed, this city assistant rose in his place
In court and said: Your honor. tn.
) document you ordered from polio,
court can not be procured Judge
Urmy has left the station, and tn,
book is locked up with his keys
. Judge Dana says that he was no
only subjected to this fa1sehood, blu
that later, the city attorney appeared
before him and stated that the bool
had been finally secured, and that
4 corroborated the statement of tn
prosecution-that Adams and VIII
were arrested on October 2, 1907.
On this information, the court al
lowed the trial to proceed, beinl
pressed for time, and the defendant
! were easily convicted while the cor
roboration of their alibi was hiddel
in the office few feet distant. TIL
docket shows that Adams and wifi
were arrested on OctoberI2
The city attorney knew this whel
he caused the police court docket {
be hidden during this trial.
Morally, the city attorney wa
right The defendants could not b
. charged with anything for which the
were not guilty Legally, he is sub
. :. 5ect to disbarment proceedings,
In reviewing the offense committe
by the city attorney, Judge Dana ex
onerated the policemen who testifle
| In the case.
| 'I find." he said, that these ar
/ honest men, but the best of men ar
/ liable to make mistakes, particular
l in cases of this kind, where these OF
] hcers have made numerous arrest
in the interim. They can not be ex
pected to remember dates. AS fo
Il lIlO PIOScCulfOu, lIlSI0 Is no excuse
When these defendants were convict
ed, the prosecution knew that tn
conviction was secured upon fraud"
well known attorney. speaking /
cog. remarked after the case had bee
. disposed of: Judge Dana has a repu
: tation for being calm and unrufflet
but this fraudulent case has stirre
him to the point where it would b
dangerous for a spectator to giggl
1t is certainly remarkable occur
lrence-a district court is horr
Iswoggled, and catches the takers wit
the goods on them. I am sorry fc
Drenning."
The call-down of Dreaming. cit
attorney, is the talk of legal circle
. today, and the lawyers are general
of the opinion that Judge Dana ma