The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-11
Sehenck Says City Court Treat
ed State Unfairly.
Removes Eaton Assault Case to
District Court.
is PLAYING POLITICS.
County Attorney Inmates Gar.
YER Is Out For Office.
Acting Judge Denies all Motions
of Prosecution.

Because Robert Carver, judge pro
tenn of the city court, declined to con-
tinue the assault case against Chief of
Police Eaton, and also declined to dis
miss the case without prejudice, Coun-
~ Attorney ]. H. Schenck today filed a
complaint in the district court charging
X. W. Eaton with assault upon c. A
Sloan, the reporter who is alleged %
have been struck and kicked by the
chief of police.
Mr.. Schenck said he took the case out
of the city court because he did. not be-
1ieve he could get Justice in that
tribunal. He charged that politics was
being played in the city court and was
also charged with playing politics him
self The politics Schenck is declared
to be playing is in continuing the Eaton
case while Eaton's alleged conduct and
record are being used in the local cam
paign against William Green, a candi-
date for mayor to succeed himself.
The county attorneys force intimate
that Carver, a candidate for judge 81
the court of Topeka, was made judge
pro tenn by City Judge Simon in order
that Carver might have the benefit of
all the publicity which might be given
him, and that Eaton's friends are
boosting Carver for the place which ne
now occupies temporarily Arthur Boil
linger Of the county attorneys office,
is also candidate for judge of the
court of Topeka and he is not i'm
mensely pleased with the plan to adj
vertise his opponent through the
medium of an interesting assault case
in which he might preside.
Police in Politics.
Because the police department of the
city is being criticised during politi-
cal campaign Judge Carver refused
this morning to dismiss the assault
charge against Chief of Police Eaton
He also refused to continue the case
ri IsaT1ner.
the attorneys for Eaton, charged that
the county attorney was playing poll-
tics in asking for a continuance It
was after this charge had been made
that Judge Carver declined to continue
the case until the time requested.
Mr. Schenck stated that il would be
impossible for him to try the case until
March % as he would be busy until
that time in the district court 1t was
his case and he desired to prosecute it
personally. The court decided that one
of the deputies could attend to the case
as we'll as Mr.. Schenck. Then it was
found that one of the deputies had
been called as a witness, and he did
want to try the case and act as wit
ness also. He is also a candidate for
Judge of the city court against Mr..
GtarxersAsThea remaining depllty--JHdGe
Atchison. has other matters, it is said,
which will prevent his trying the case.
Judge Carver, however, fixed the date
for the hearing as Monday, March IA
He said that politics was charged IN
the case and that he believed the case
could be tried as well on Monday as
later.
Later the county attorney, through
his deputies. moved to dismiss the case
without prejudice. The expectation was
to file a new case in the district court
this afternoon. Judge Carver overruled
the motion to dismiss the case without
prejudice and allowed the former ruling.
setting March IA as the date for trial.
to stand. Assistant County Attorney
Atchison notified the court that the