The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-13

prevent him from escaping: An officer
is not required to engage In a running
race or a wrestling match In order to
retain his prisoner. Under these cir
eumstances am compelled to instruct
you to return verdict of not guilty
Extract from statement made to the
Jury in the Larimer murder" case
Thursday by Judge A. W. Dana.
Five minutes after the above en-
structions were given the jury re-
turned to the court room and an
nounced verdict finding Hugh Lari-
mer, undersheriff, not guilty of muir
der and indicating him in connection
with the shooting of James Baker
August 10.
Larimer. his wife and other rela-
tives were in the room. The moment
the verdict was announced friends be-
gan to surge towards the small party
inside the rail. Mr.. and Mrs. Larimer
were congratulated from every side.
The relatives of James Baker, sit
ting on the other side of the table,
had their friends also. Very quietly
they filed from the courtroom and
courthouse.
Hugh Larimer shot James Baker
when Baker ran following his arrest
when raid was made by officers
upon the residence of G. c. Gray south
of town August 10.
A coroner's inquest was held and
witnesses were examined. The jury
found the shooting to have been acct
dental.
Warrant Was Refused
Efforts were made by relatives of
Baker to secure a warrant for Lari-
mer's arrest on the charge of murder.
w. E. Atchison, county attorney, re-
fused to issue it. Application was
ma de to the office of the attorney gen.
eral. 1t was refused there. After sew
eral weeks warrant was secured thru
j. ]. Messenger, a justice of the peace
at Berryton. Later Messenger de-
clared politics was behind the applica-
ton for warrant and tried to dis
miss the case. Larimer, the defend
ant, refused to allow a dismissal.
Larimer demanded a vindication
and when John Mclaughlin, attorney
for the state, tried to dismiss the case
after the trial began, in the district
court this week, he and his attorneys
again objected. Mclaughlin was re-
quired by Judge A. w. Dana to pro-
coed with the case.
1t took nearly three days to get
jury. The state put numerous wit
nesses on the stand, not one of whom
testified as to any vital point con-
nected with the shooting. Most of
the witnesses put on the stand by the
state were taken by the defense on
cross-examination and used as wit
nesses for the defense successfully
State Tried to Quit.
With the only two eye-witnesses
subpoenaed by the state still unques-
toned, Mclaughlin attempted to
rest his case at noon Thursday At
torneys for Larimer objected. They
demanded of the court that the state
be required to put all the witnesses it
had subpoenaed on the stand. The
court ruled to that effect.
Harvey Parsons, chief of police, and
Bert Richardson, motorcycle police
man, eye-witnesses. were put on the
stand by the state after the protest
Their testimony was just such testi-
| mony as the defense would have
sought had they been Larimer's wit
nesses. No evidence was produced by
the state to show that Larimer was
even negligent The testimony all
went to show that the shooting was
| accidental
The defense did not put a single wit
ness the stand. 1t took the posi-
ton that the witnesses for the state
had proven the case of the defense
Judge Dana sustained the motion of
the defense that he instruct the jury
to bring in a verdict of not guilty