The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-10
STATE RESTS
CUSTER CASE
AGAINST MAYOR
Officers Wonder Why They
Could Get No Evidence.
Cops Grilled on Cross Exami-
natiCn by Griffith.
TRIAL WILL END LATE TODAY
Welfare Workers Say City Is
Cleaner Than Ever Before.
Mayor COrwine Is Recalled to
Witness Stand Today.
Officers Wonder Why The
Could Get No Evidence.
Cops Grilled on Cross Exami-
natiCn by Griffith.
WILL END LATE TODAY
Welfare Workers Say City Is
Cleaner Than Ever Before.


Following the testimony of Ralph
T. O'Neil, city attorney, the defense
in the custer suit against Mayor Her
bert ]. Corwine rested at 2:45 o'clock
this afternoon.
O'NeiI testified that he and the
mayor started a sweeping investiga-
ton of the Blitz system about a month
prior to the time 1t received attention
from the federal authorities.
Altho the state indicated that 1t
would use two witnesses in rebuttal, it
was evident that the trial would be
concluded late this afternoon.
A decision, however. is not expected
at that time. Instead, it is believed
that the court will take the case un-
der advisement and render a decision
later.
The alleged Tipping Off of raids
by the police came in for its share of
attention during the hearing of the
custer suit against Mayor H. J. Cor
wine in the district court this morn
ing.
Several police officers who testified
on behalf of the mayor were asked by
c. B. Griffith, assistant attorney gem
eral, If they had not known raids to
be tipped" Most of them confessed
that on some occasions they had won
dered why evidence was not found.
In this connection Capt Jesse w.
Hill testified that former Chief 6. A.
Swallow had instructed him to watch
a certain man" and that the man was
let out of the department shortly prior
to Swallows resignation.
Frank Leech, chief of detectives. as
serted that the tips sometimes came
from the complainants themselves,
and cited the instance of the Tex Card
well place at S34 Quincy street.
"Chief Swallow gave me a warrant
fnr ha MIA nd
warned me not to let q soul know that
I had it Before 5 O'clock that night
Cardwell came to the station, and said
he understood had warrant for him
and that I was going to raid him. He
said that Mr.. Wasson CIV. H. Wasson,
former city commissioner, who owned
the house) had come there and told
him that he heard there was a war.
rant out and that the place was going
to be raided, and wanted to know what
was going on in his house that the
police should raid it. I didn't let Card
well know 1 knew anything about it.
Shortly after 6 o'clock the chief called
up and said to make the raid at once.
was waiting for them at the door. He
said he knew they were coming. And
we got no evidence"
Lieut.. j. l. Kennedy, who directed
the raid, testified they could smell
what they thought was whisky in the
kitchen sink, but were unable to find
any in the house.
Tell of Various Raids.
''If you smelled the whisky and had
received complaints of the neighbors
about cars coming there and Teople
being seen there drunk, and you had
you arrest him ?" asked Griffith.
Because we had no evidence. We
have to have evidence to convict a
man on"
Chase place on Clay street, where
no evidence was found nor arrests
made.
Detective Sam Jones told of various
raids on rooming houses on lower
Kansas avenue.
In regard to testimony by NJ. NJ
Bowman to the effect that he had
seen him going into rooming houses
on lower Kansas avenue, and the tes-
timony of w. L. Porch, who said he
rooming house at 400 Kansas avenue
Capt. Jessie Hill acknowledged that
he had been in the places many .jnIes
searching for persons wanted.
I'VE get photographs and descrip-
tions of persons wanted from oil over
the country said Captain Hill, land
naturally the logical place to find
them is in the hotels and =ooming
houses"
'.Ill ask you if it is your duty as an
officer and detective to search these
houses frequently?"
1T is our duty. yes, SIR At least,
those have always been my :Astruc-
tions."
"Tll ask you if you have ever fre-
quented one of those places as a
II have not. No, sir"
Say Conditions Are Better.
Captain Hill, Detective Sam Jones, |
Chief of Detectives Leech, Miss Kate !
King, welfare worker, and Detective /
Tim Donovan, who has been on the
force thirty years, testified that in
their opinions Topeka has been clean
er during the last two years as re- !
garGs vice than at any time within |
their experience. They admitted that ]
there are more dope fiends, and shat |
there is more liquor made in homes |
Than before the Volstead act became |
effective.
The first witness on the stand this |
was Senator Hugh Fisher, |
who stated that during his three years
ham Veale's term began, and alsC !
during the term of Robert Carver, |
that no formal reports of violations of /
the liquor law in Topeka were made |
to the county attorney.
Two state statutes regarding the re-
porting of liquor cases have been in /
tiCCuced in the trial. One is an old
statute, which Griffith claims how |
ever. is still effective, requiring .he |
mayor and all police judges and Of |
ficers to report to the county attorney
The other is a 1917 statute making it /
the duty of the mayor to report the
violations to the city attorney.
saturday Mayor Corwine said he
fC0nffnuad nm "a