The Topeka state journal., 1908-04-30

| law DeIIer Indn Sdiu 0ISuiliHS ct
| the outset Of the meeting.
The mayor was aroused. why
should you say that the whole thing
| originates with the chief when told
you that drew everything from the
! chief through conversation with him
You simply mistrust ana suspect
| when you have no grounds at ALL. l
| have told you to the contrary ana l
I don't propose to stand for 1t being said
| that / lied"
| Some one interjected a remark here
| and the mayor said: ITS apout tinle
| ting old enough to learn better"
.The justification of the city attor-
| ney is not really before us. The only
thing that is before us is whether the
city attorney disregarded the lnstruc-
tions given by the council ana CITY ya at
The list of cases dismissed by Dren-
ming was introduced.
| He was asked about the case Of City
vs. Frank Murphy, a liquor nuisance
case, dismissed on February l9, 1908.
The mayor stated that he had not
agreed to the dismissal of that case.
'I beg your pardon, you agreed to IL
| with the chief in your office" retorted
| Dreaming.
"Can you show anything in writing
for it?" asked the mayor.
You never place anything in writ
ing" said Drenning.
IT remember distinctly all the cir
cumstances of the cases that l have
agreed to- can you cite any particular
circumstances to bring this to mind ?"
Dreaming went out to get some books
covering the law cases tried and when
he returned to the committee room, the
mayor who had been recalling some OF
the facts in the case, resumed the ar
gument. LAS a matter of fact, as
now recall it, you never talked about
it with me at all. You dismissed that
case without consulting me at all.
You're mistaken" said Drennlng.
"You never consulted me in the
world"
"Of course you can have your way
about it but that's the truth
against Henry Schaffer, liquor nuis-
ance, dismissed on January Ii, 1903.
II don't remember much about that
case" said Drenning.
He agreed that he had gone aneao
and dismissed 1t.
s-This Andy Dupree case have you got
any consent from the mayor to settle
that case?" asked the mayor.
You don't claim to have any con-
sent in that case?"
No"
The liquor nuisance case Of the city
We Ed Hossfeld. which was dismissed
on February q came up.
do YOU remember of my being IN
your office and your saying that II the
others would quit that the case against
Hossfeld would be dismissed! asked
Dreaming. -
.No. sir" replied the mayor. II en-
phasized it at the time that l wouldnt
talk with them until they came before
me with clean hands. I never said
anything about dismissing the case.
well you said something or otner
about its being all right and then any
way they agreed to move right out ana
they have kept their promise Tor the
building is empty" said Drenning.
..They moved but aren't they doing
business right now right over again
down on Kansas avenue?' asked the
mayor. ~ r.. ,e
II don't know about that. But II
there Is anything like that, II we can
make a showing, We can reopen tne
case and get them"
H. G. Larimer was called on by the
mayor to tell of the prosecution OF
the FIossfeld case in the police court.
Larimer had been engaged to repre-
sent the city.
II will state why it seems strange
that we had an outside attorney IN
that case when we have city attor-
ney," said the mayor. When the case
was made up against the Chesterheld
hotel, with plenty of evidence secured
by the chief of police to secure con-
viction, the city attorney sat IDLY apouI
called his attention to it number or
times. and permitted the case to go by
default when it came to trial. felt
1t necessary than that we must nave
an attorney interested in the cases In
police court and engaged Mr. LarlmeF'
Had Other Business.
"The reason for that was that had
some important legal papers which
needed to be filed at the district court
at o'clock at that time and I was
busy with that. You don't under |
stand" said Dreaming.
"You had ten days notice; that was |
ample time. If you found that you |
could not handle the case you should |
have come to me and notified me. |
Wasn't that your placer retorted the |
mayor.
your case on a basis of written con-
sent, why you might as well crose this |
matter up right now, for you never |
gave your written consent to any, |
thing said Dreaming, perking up a |
bit
When it came to the question of |
mandates, Dreaming denied that he |
had held up any.
Chief Eaton took a hand: with |
regard to saying that in the Killinger |
case that Drenning had not held up |
compelled to secure a duplicate Of the |
mandate from the clerk of the district |
court. Drenning had the original and |
said he would tear up the original"
Coming to the Porter Paterson case, |
dismissed. Eaton said: 1.-The thing to |
have done was to have stood up four /
square and tried the case. We had |
them dead to rights.
1--WE went over the evidence but we /
only had one good witness retorted |
Drenning. Its very doubtful about |
securing convictions in the distric, |
court with but one good witness and |
several of the other kind. It's pretty |
expensive procedure to try those kind |
of cases."
"The chief said he had ten other |
counts that you did not investigate. |
Wouldn't it be the proper thing for |
you to consult with the chief of police |
before making a settlement" asked |
the mayor. "Why don't you find out |
what evidence the chief has?" asked |
the mayor.
We'll, thought I had
"WQ1I ~