The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-09-25
Hugh Larimer Will Be Tried
Before a Jury.
Charged With Murder of Baker,
Alleged BOOtlegger.
OFFERED TO DISMISS CASE
Justice Expresses Regret Over
Issuance of a Warrant.
Undersheriff and Attorneys In
sist on Jury Trial.

At his own request. Hugh Larimer.
undersheriff. waived preliminary hear
ing and was bound over to the district
court today by J. J. Messenger, JUS
tice in Berryton, following the issu :
ance of a warrant, which friends and
other county officials say is political
frame-up, Saturday evening by the
Justice. The warrant, charging the
murder of James Baker, alleged boot
logger, was granted by Justice Messin-
ger after it had been refused by the
attorney general, the county attorney
and a coroner's jury had exonerated
Larimer and held the killing purely
accidental. Baker had been arrested
and was trying to escape.
The warrant for Larimer was not
brought to Topeka and served on him.
He went to Berryton today with
friends and attorneys and appeared in
the justice court. ]. J. Schenck and
Major A. M. Harvey, are his attorneys.
When they appeared before Justice
Messenger the latter expressed regret
! that the warrant had been issued
at certainly would not have been
| issued,' he said, had 1 even known
coroner's jury had exonerated Mr..
I4arimer I want to impress upon at
torneys and Mr.. Larimer that if l had
known the attorney generals office
and the county attorney had refused
the warrant, l would not have issued
it. If I had the thing to do over again
| it would not be issued by me. 1t was
my impression that 1 had to issue the
warrant when the complaint was
made
| Larimer's attorneys asked the pre-
| liminary hearing be waived, and pro-
duced a written waiver.
The request was granted.
Demand Early Trial.
I'VE will demand an immediate
| ri of nc
short legal procedure. I'VE are going
to ask that the case be heard in the
district court just as soon as possible
before jury
In Berryton today Justice Mes
singer said that if attorneys for the
defendant would ask a dismissal of the
case he would grant it.
| we want Larlrner proven not guilty
before the public Schenck said today
Had we obtained a dismissal there
would have been nothing in the way OF
! the persons prosecuting the case from
going to another justice and starting
| q new Sc
| The killing of Baker occurred on the
afternoon of Sunday. August 8. Lari-
mer had arrested him for selling Ii.
quor. He broke away and ran to es-
! cape Lari,ner fired several shots in
the air. At the last shot he stumbled
and fell. Harvey Parsons, chief Of
police who Witnessed the shooting
| said 1t was accidental. 1t occurred
two miles southeast of Topeka.
Sheriff kiene charged today thai
the reattempted prosecution of his un.
dersheriff was a matter of polite:
alone.
Kiene accompanied Larimer t.
Berryto1. w. E. Atchison, as count,
attorney, represented the state.
Insist on Trial
| Larimer said that he would insis
that the case be tried completely out
Larlmer produced signed bond fol
$4,000 at Berryton. 1t was signed
by three Democrats and three Re
publicans. The bondsmen are Thorn
as Page, Republican; S. E. Cobb, Re
publican; L.. NJ. Penwell, Democrat
H. C. Lindsay, Democrat; Scott Hop
kins, Republican, and J. F. Switzer
Democrat.
The warrant which the justice is
sued for Larimer was sworn to before
Bakers mother.
In addition to holding that Baker
death was accidental the coroner
jury which sat for the hearing tn,
day after the affair said in it's yer
dict:
I'VE further find that said Larime,
at the time said revolver was dis
charged was attempting to prevent tn.
escape of a prisoner then under arres
and in his custody as undersheriff a
| was his duty to do. That in the dis
charge of such duty he acted as dill
gent and prudent officer and that tn,
shooting of said Baker was Academia
and unintentional and unavoidable"