The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-20
GOES OVER UNTIL NEXT TERN
Attorney for the Defense in His
Closing Argument
Scores WOmen's Club and State
Officials for Meddling.

Following an hour and a half of
deliberation, the jury in the case Of
the state against Will Tillman, tried
on a charge that he committed stat
utory offense against Alberta Hadley.
a negro girl, failed to agree this morn
ing. The case-one of the numerous
so-called state hospital scandal cases
was tried in the first division of the
district court before Judge Dana
Wednesday. The jury was out an
hour Wednesday evening and half
hour this morning. The jury stood
for conviction and for acquittal.
The jury rang for the bailiff at $50
this morning. To the court the fore
man announced the disa greement and
each juror was questioned by the
judge as to whether there was any
show of agreement After receiving
a negative reply from each man Judge
Dana found the hearing a mistrial.
Robert Carver, assistant county at
torney. and w. z. Atchison, county
attorney, stated this morning that the
case would be retired next term. Ed
ward Rooney, one of the attorneys for
the defense, stated that that arrange
ment would be perfectly agreeable to
the defense as Tillman wanted a YER
dict of mot guilty in preference to a
dismissed case growing out of a hung
Jury.
Robert Carver and w E. Atchison
Mote of the law firm of Curtis, Mote,
Rooney and Crossley defended.
They Had Little Hope.
When the jury went to the delibera-
ton room late Wednesday afternoon
there was little hope for a conviction
among the county officials. Conflict
ing testimony of witnesses for the
state and particularly the wobbly
story told on the stand by the negro
girl who was the complaining witness
took the wind out of the sails of the
prosecution.
The dramatic climax of the case
came late Wednesday afternoon when
Douglas Mote stepped to the witness
chair just before the defense rested.
Mote carried the police docket in his
hand. I'm testifying he stated that he
was acting probation officer for
Shawnee county for three days last
October. The police docket showed
that Alberta Hadley. the negro COM
plainant, had been booked at the po-
lice station on October % on a shop
lifting charge from the Warren NJ.
Crosby dry goods store. The police
record showed that the girls age was
recorded on the docket as IS.
Admitted She Was Willing.
In giving her testimony the girl adj
mitted that the offense which she
claims Tillman committed was with
her permission and not by force Un-
der the statute governing the case the
girl must be under 8 in order that
Tillman can be convicted of the Of
Tense if the act is committed with the
girls permission.
During the argument for the. de-
Tense. Attorney Rooney described the
interest that the Good Government
club and state officials. including Gov
ernor Capper, have shown as a play
to the gallery. THE active meddlinG
by the state officials in these cases is
uncalled for" said Rooney. 1T only
serves to prejudice the public in the
case. In other words, state officials
are meddling with something that is
none of their business. There isn't a
man in Shawnee county that can cor
rectly say that kiene, Larimer, Atchi-
son, Carver and others have not been
absolutely fearless in the prosecution
I of these ana other cases."