The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-23
LINDSEY DENIES.
His Defense Is That He Did the
Best He Could Do.
Cites 81 Cases and Shows Re-
suits in Cherokee.
ABOUT JUDGE SAPP
His Views on Joint Cases
Quoted.
He Will Not Accept "SpOtter"
Testimony.
ABOUT JUDGE SAPP
Jews ON Joint Cases
Quoted.

Judge F. P Lindsey of Topeka,
special assistant attorney general for
Cherokee county, who has been under
fire from the guns of the governor
supporters in that county, now makes
his defense.
He declares that the only practical
and efficient method he could pursue
in these cases he is criticised for hav-
ing dismissed after the defendants had
pleaded guilty. was to have done as he
did do, which was the best he could
do.
There are ffty-four cases against
LIQUOR law violators. Twelve of these
were set for December IL. Fourteen
for December Il. And the remainder
for December 49,
Judge Lindsey, in his report to At
torney General Dawson, then proceeds
to take up each case in order and ex-
plain it in detail through fifteen type
written pages. -
He shows that in each case working
under Judge Sapps ruling, that he did
the best he could.
His evidence was in many cases IN
adequate or conflicting Most of the
defendants and witnesses were TOT
eigners and their testimony was loou
Most of the defendants pleaded
guilty and were fined. The fines uld
not satisfy the governors men IN the
county,. VINO WduI1u jail HGhtChSOH-
Judge Lindsey declared that most
az The LIQUOR law vioIators. had sur
rendered their liquor permits. Lhal
he had secured a court order 70 nave
their fixtures and paraphernalla oe-
Judge Lindsey outlined the view of
Judge Sapp of the Cherokee district
court in regard to "spotter' evidence
against jointists and undertook to snow
from this that the path of the prohl-
= 1nt n
ease in that court Judge LINDSEY
las I understand it from frequent
conversations with him, Judge Sapp's
policy is this: He believes or processes
to believe that prior to his taking the
office of district judge, liquor prosecu-
lions. both civil and criminal. in that
county. have largely been for the pur-
pose of mu1cting the defendants. and
he has repeatedly declared his inten-
ton to put stop to that practice and
has frequently declared that he pro-
nosed to educate the lawbreakers of
that county that that was not the pur-
pose of criminal prosecutions, and that
he proposed to make them respect the
law because it was the law, and that
his administration meant a new DEAL
and that people hailed into his court
for violating the prohibitory law would
be treated as for a first offense- And
pursuant to that policy. he has invar1-
role and according to the records in
the county Jail everybody who has
been sentenced to jail since July 1, has
been paroled.
Il have frequently talked with Judge
Sapp' concerning the weight which he
would attach to 'spotter' testimony.
meaning the testimony of nonresidents
sent by yourself. or by the governor,
or the State Temperance union. to col
lect evidence against the jointists, and
Judge Sapp has expressed himself with
the greatest freedom as having little
credence in that kind of testimony
and that it would have to be corrObo
rated. That being true, we have con-
cluded that it was not of much use to
to suppress the jointists in
Cherokee county by the injunction
method which has so successfully been
used elsewhere, and it appeared to us
as the only practical way to use the
criminal law to make raids on such
evidence as had been gathered by the
with the hope of corroborat-
ing their testimony by the seizure of
liquors at the places charged. 1t will
be apparent to you that all such cases
would have to be dismissed when the
raids did not secure the evidence to
corroborate the evidence of the spot
terS or detectfVeS''