The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1912-07-16
SEVERE CRITICISM OF
CASEY CIRCUIT COURT


Il
recent issue said:
Sharp criticism of leniencv toward
"pistol toters" under what State In
spector and Examiner Goodpaster
terms "a general suspension Of Sec
ton 1909 of the Statutes, is con-
tanned in a report translated yes
terday to Acting Governor McDer-
mott. based on an inspection OF the
official records of Casey county by
ssistant Inspector Phillip ID. Arnold.
In concluding his report, lnspec-
tor Goodpaster says:
A" condition exists in the office OF
the Circuit Court Clerk in this coun-
ty which l deem proper to bring to
your attention. IIhe records dis
close the fact that quite large
number of judgments on misdemean-
OF indictments have been recovered
in favor of the Commonwealth when
defendants were before the court and
in custody of the court at the time
the verdicts were returned, and in
stead of the defendants being called
upon to pay or replevin their fines.
they were allowed to walk out of the
court and leave the county,
AT some subsequent time the
clerk would issue "a capias and place
it in the hands of the sheriff, which
later would be returned by him mot
found" Particularly is this true in
cases when the charge was carrying
concealed deadly weapon. The re-
cords show that often when the fine
was $25 and 10 days in jail, the $25
fine would be paid, but there was
no enforcement fthe 10 days in
jail.
The report shows the collection Of
$l57,57 due the Commonwealth, as
follows: From w. C. Cundiff, ceun-
ty court clerk, $11.08; from F. A.
Land, circuit court clerk, $4.35; from
Jason Wesley, ex-circuit court clerk,
S100.24; from j. c. Lay, constable,
S24; from l.. Wells county Judge,
$500; from W. T. Brown, sheriff.
$12.
Judge j. c. Carter, Of the Casey
circuit court, has been aroused to
defense Of his court by the above
report of the State Examiner and
Inspector, and replies to the criti-
cisms of his court.
| Judge Carter explains in COM
munication to Acting Gov. Nc. Der
mott that the practice in his court
is to issue summons in misdemeanOr
cases, instead of bench warrants,
and that frequently default iudg-
ments are taken without the prison
er being actually present. He said,
speaking specifically of the charge
that the practice complained of was
common of persons charged with
carrying concealed deadly weapons.
THAT in only three of such cases has
the fine been collected and the jail
sentence not enforced. In none of
these cases, he protests. was the
prisoner in the custody of the court.
The whereabouts of two of the ac-
cused are not known. but the other
is within reach of the court and will
be taken into custody.
In misdemeanOr charges two
courses are open, one by issuing
summOns as in civil proceeding in
which ease Judgment can be taken
against the accused by default; the
other is by issuing bench warrant
and taking the prisoner into custody
or putting him under bond to appear
personally. Frequently. it is stated
where summons is issued the ac-
cused never appears, except posi-
: blv by attorneys, has the fine paid
paid and stays out of the iurisdic-
tion of the court.
| The gist of Inspector 'Goodpas-
ter's criticism was that the INSIDE
meanants were very frequently not
required to serve the Jail sentence ;
that were present in court when the
trial was held. that they walked out.
: and afterwards capias being issued,
the capias was returned by the sher-
iii mot found"
. His inspection of the records in
Casey county shows twentv cases in
which the docket recorded the de-
PENDANT "present." the fine and Jail
sentence imposed and then capias
returned mot found. These include
: shooting in the public highway. gam
; ing, selling LIQUOR to a minor. and
5 breaches Of the peace.
His report goes back two years
land includes five, instead of three
= cases Of carrying concealed deadly
( weapon. in which the jail sentence
}. was not imposed.
Judge Carter said in his commune
!. cation that since his incumbencv the
a clerk has conformed strictly to the
D statutes in the performance of his
r DUTIES in such cases; but that before
e the present term is concluded he will
' go over the records Of the clerk and
sheriff to ascertain the practice un-
der his predecessors. and see that
: the clerk aud sheriff d. their duty
" or suffar the nanaltv for NOT doiuc