The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-21

CLARK and Cofran Make State
ments of Case.
Clark Goes Into Details of City
Conduct of Affairs.

James w. Clark. VINO 1Or TOUR years
and eight months has been assistant
city attorney of Topeka. quit the job
yesterday afternoon and walked out OF
police court while q case he was con-
Quoting was being tried. He did this
after words had been exchanged De-
tween himself and Mayor .Cofran. Ac-
cording to both Mayor Cofran and Mr..
Clark. things have not been harmoni-
Gus between them for some time. Mr..
Clark says he handed his resignation to
City Attorney Ralston< November 1.
'sMr. Clark's work han not been sat
isfactory to the administration from
the beginning" said Mayor Cofran this
morning. He has not given his at
tention to the preparation of cases in
police court as he should. usually max
ing no preparation before going into
court at o'clock in the afternoon" :"
On this point Mr.. Clark says: MY
duties kept me in the city hall every
day until o'clock in the afternoon.
except on Mondays, when went to
court for the Monday morning police
cases"
Things came to a head yesterday aft
ernoon when the case Of Pete Lang,
charged with maintaining a liquor
nuisance at 1177 Buchanan street. was
called. The only witnesses for the
prosecution were five policemen VINO
had raided the place. The liquor setzed
consisted of two full bottles of beer and
d
glasses The place is "a dwelling. No
sales of liquor were charged
None of the five policemen. who
were the only witnesses for the prose-
cution. were on HAND
Another case set for trial was that
of ollie Wilson, 306 East Crane street.
This place is also a dwelling. There
one-half dozen bottles of wine had been
seized in a raid No sales were alleged
in this case, either.
All the witnesses for the prosecution
In this case were ofiicefs- None of them
were on hand tostestify.
After All, Lang WINS Acquitted.
Before the cases were called Clark
says he he asked the mxyor w neither OF
not they should be disrnissed and the
mayor said mo, we will try them
whether they are convicted or not Ine
Lang case was tried by City Attorney
Ralston, after Clark quit the job, and
Lank was acquitted.
Mayor Cofran was present He had
been in and out of the court room sew
eral times while Clark was at work.
When he learned that none of the wit
nesses were present, he called Clark
out of the room. Mr.. Clark says the
mayor told him it was his business to
see that witnesses were present when
cases were called for trial.
IT told him that such was not a part
of my duties, never had been the duty
of the prosecuting attorney. and would
not be-
"'Well, that is one of your duties
from now on he told me, and when
I replied that would not consider it
as such, he informed me I could con-
slider myself as up meaning by up
as up before the commission on charges
and 1 informed him that he did not
need to go that far that quit the job
right there, and I walked OUT
Did His Work Only.
1T is not the duty of the assistant
city attorney to see that complaining
witnesses are on hand when cases are
called for trial." says Clark. That is
the business of the chief of police.
Names OF witnesses who are not off,
GERS go on the complaints and the po-
lice judge issues the subpoenas and
it is the business of the chief of po-
lice to see that the witnesses are on
hand. There has never been any
trouble with Judge Huron in having
the subpoenas issued in such cases
But Chief Ross has not been look
ing after his part of the work. He is
never present at the sessions of DO
lice court, although the law requires
his presence ,at all sessions Of court.
There is no discipline, and conse-
in cases do not come to court unless
they feel like it.
They came regularly until Judge
Huron and Mayor Cofran came into
Office, and for some time after. They
are not to be greatly blamed for not
coming now, for the multiplicity of
cases of no importance takes up the
time of the court, and if they did
come they might be required to re-
main at the police station a half day
and then possibly not have an oppor-
tunity to testify. for the judge gives
them no consideration.
Judge Keeps Onicers Waiting.
Il have seen him keep officers wait
ing who had been at work all night
while he lectured q man for an hour.
saw him lecture one plain drunk
for forty minutes by the watch. Sew
eral times drunks have been excess
sively lectured in the morning and ar
rested in the afternoon for the same
offense.
"I have had differences with the
judge on account of his excessive
fines and delays IA times 1t has
taken him a half hour to have a
man brought from the jail to the
court room.
st have criticised him several times
in the court room for his tardiness
in getting to the court room. Three
thirty o'clock is the time set for the
hearing of cases in police court Often
the judge remains in his office up
stairs until o'clock. No wonder that
tired and sleepy policemen have given
up coming to court when not COM
PEELED to-
Huron Lectured an Indian.
'.At one time Judge Huron lectured
an Indian for twenty minutes The
Indian could understand little English,
uct the judge began his lecture with
Columbus's discovery OF America and