The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-17
BUCKNER CASE UP
Both Missouri and Kansas
Want to Try Him.
Spectacular Hearing Is Being
Held Before Gov. Allen.

More than a score of lawyers wit
nesses and persons prominent in po-
Htical affairs are in attendance at
spectacular hearing before Governor
Allen this afternoon involving ex-
tradition to Missouri of William Buck
ner, charged with murder OF Clifford
Rhea. The case hinges largely on the
question as to whether Rhea was
killed in Missouri or Kansas. Numer-
Gus legal questions were raised to
make the case more complicated and
add to uncertainty surrounding out
come of the battle.
Cameron Orr, public prosecutor for
Jackson county, Missouri, Senator
David NJ. Proctor, of Jackson county.
and A. L. Berger, special counsel for
the Rhea family, urged extra dition.
They pointed to sworn statements and
affidavits of the Rhea children and
other witnesses to the crime. These
statements are to the effect that the
shooting occurred rs feet beyond the
state line in Jackson county. Missouri.
Trial of the case in Kansas in the face
of this evidence would be a farce, it
was contended.
Kansas Wants Buckner
Kansas attorneys sought to hold
Buckner in this state. They urged
that. under the law Governor Hyde
could not maintain extradition pro-
ceedingS in Kansas while Buckner was
held in this state charged with the
offense. Missouri counsel opposed
this Interpretation of the statutes.
This state should first try Buckner
it was urged, in order to settle the
prior claim of Kansas to the prisoner.
Buckner was arrested in Wyandotte
county before a complaint was issued
in jackson county or Governor Hyde
made application for extradition.
Claims by Missouri counsel that
once Buckner is acquitted in Kansas,
trial in Missouri would be impossible,
and this state. 1t was claimed that
/ once the courts found Kansas did not
have jurisdiction Buckner could be
| tried in Missouri. Such a procedure,
it was asserted. would not violate con-
stitutional provisions against two trials
| of person for the same offense.
Bound Over to District Court.
| Buckner has been arraigned and
bound over for trial in the Wyandotte
county, Kansas, district court. A cor
/ oner's jury in Jackson county found
that the crime had been committed
in Missouri. Two sons of Rhea, as
well as one of his employees saw the
shooting. They have sworn that the
crime was committed seventy-fiye feet
beyond the Kansas state line. Buck
ner and others contend that the shoot
| ing was in this state
| Governor Allen resumed hearing of
arguments this afternoon following al
most an entire morning devoted to
statements by attorneys for the Rhea
family and the state of Missouri. A
| decision may be rendered late this
afternoon. In event Buckner is ex-
tradited he will face the gallows in
Missouri. Neither will he be permitted
| bail while awaiting trial for first de-
gree murder under the Missouri laws.
The defendant is now under bond
pending trial in Wyandotte county.
Employed by Missouri Pacific.
| Representing Buckner and the state
| of Kansas in resisting the extradition
were: County Attorney E. A Enright,
/ of Wyandotte county; Roy Hubbard,
special assistant attorney general, and
Charles Thompson, of Kansas City.
J. H. Boulton and c. A. Phillips. Mis-
souri, Pacific attorneys. are attending
1 the hearing. but did not participate.
! Buckner is an employe OF the Missouri
Pacific railroad company. Senator
| Charles H. Ridgway and Charles H,
| Holbrcok, former representative from
! Wyandotte county, are among promi-
nent Kansas Citians attending the
| hearing.
| Arguments today indicated that su-
preme court proceedings might be
| filed following Governor Aliens de-
cision. The prospect of court action
was particularly advanced by attor-
neys for this state, who indicated they
/ might seek court Interpretation oi
! their claim that Buckner cannot bs
removed while charged with tht
crime in Kansas