The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-08-19
Six Suits Filed Against Chief
Leonard Total $4,000.
AlIege They Were Held by
Police without Cause.
SAID TO Be STRIKING SHOPMEN
Plaintiffs Say Sheriff Refused to
Take Them in Custody.
Ask for Actual Damage OF
$1,000 and Punitive of So, 900.

Six damage suits. for sums totaling
$4,000. were filed against Chief of
Police Morris Leonard this afternoon
by James A. Troutman. acting as at
torney for six local men, who allege
that they were arrested by the chief
on the morning of August IL, and held
in restraint for four hours without
cause.
The plaintiffs in the cases are Rob
ert Keene. 544 Larsh street; Peter
Hefner. 546 Larsh street; Albert
Kahler. 221 Elliott street; George NJ.
Stadler, SAT Scotland avenue, and
John Stadler of the same address, the
son of George NJ. Stadler, all said to
be striking shopmen.
Taken to Sheriff's Office.
The petition of the plaintiffs sets
forth that about O'Clock on the
thority of law" Chief Leonard arrest
ed themx THAT Immediately upon the
arrest. the plaintiffs were taken by
the defendant Leonard to the office
of the shariff of Shawnee county, and
the said defendant attempted to place
the plaintiffs in the custody of the
sheriff of said county, who, thru Oscar
w. Carlson, deputy sheriff, refused to
take the plaintiffs into custody and
informed said Chief of Police that he
would not receive them until a war
rant should be issueo and placed in
his hands. but the defendant was per-
mitted to use said office temporarily.
That James A. Troutman, attorney
for the plaintiffs, demanded the i'm
mediate release of all of said parties,
the said chief of police having ad-
mitted that no warrant, complaint or
accusation against the plaintiffs had
been issued or made, which demand
was refused.
Held On Investigation
when asked to state what offense
had been committed and by what au-
thority the arrests were made, the
said defendant Leonard said the plain
an automobile had passed him, one of
whom told him to go down the road
and arrest a mob there but he did not
know who the men in the automobile
were; that he went on and found a
group of men and arrested the six
plaintiffs; said defendant said that at
the time of the arrest he did not OBJ
serve any misconduct whatever, and
arrested the parties for investigation
only.
'Thereupon, the said Troutman in
behalf of the plaintiffs again de-
manded their release, which was re-
fused.
Later, said defendant took these
plaintiffs to the office of the county
attorney, Tinkham Veale, who, in the
presence of Herbert J. Corwine, mayor
of the city of Topeka, and Ralph T.
O'Neil, city attorney of said city, in
quired into the cause and circum-
stances of the arrests.
"At 11:45 a. m. said defendant chief
of police released all of the parties,
upon their promise to surrender in a
day or two when called upon to do so.
''On three subsequent days the said
defendant was asked whether or not
he was ready to release said parties
from their obligation to surrender to
him upon demand. Each time he
stated that he was holding all of the
parties to their promise. After more
than four days had elapsed, said de-
fendant informed said parties that
they were no longer under obligation
to report to him. Plaintiffs allege
that they were in the actual physical
custody of said defendant chief of po-
strained of their liberty for that time,
and were. under moral restraint and
obligation to report to said defendant
four days longer.
Caused Great Humiliation
The cause for damages is based up
on the allegation of the plaintiffs that
they had committed no offense, that
they had hitherto been believed to be
of good character and standing and
peaceable, law abiding and useful citi-
zens, and that while in the actual GUS
today of the chief of police they were
in public offices where the restraint
imposed upon them caused them great
humiliation and shame.
The plaintiffs, each of them, allege
that they have sustained actual dam
ages of $1,000 each. and also request
punitive damages of SIS, 900 each.
The Fidelity & Deposit company of
Maryland, the company which has
executed Chief Leonard's bond Of ST.
900 to the city, is made a Joint de-
fendant in the action.