The Topeka state journal., 1922-07-11
MAYOR CUSTER
MAY Get into
HIGHER COURT
Assistant Attorney General
Makes Announcement.
Case Taken Under Amusement
by the Two Judges.
DECISION IS EXPECTED SOON
State Claims Mayor COrwine
Knew of Irregularities.
Col. Harvey Demands Apology
From Attorney General.
State Claims Mayor COrwine
Knew of Irregularities.

If the district court does not GUST
Mayor H. ]. Corwine from office, the
state will take the case direct to the
supreme court of Kansas.
This was the intimation, of c.. B.
Griffith, assistant attorney general, in
his argument to the judges in the dis
trict court Monday evening.
The case, which has consumed five
full days. came to an end at 5:45
o'clock Monday evening IN a flood of
stirring oratory by counsel on both
sides of the table. Judge George
Whitcomb and Judge James Mcclure
announced that, in view of the large
amount of testimony to be considered
and several legal questions to be de-
cided, they would take the case under
advisement and hand down a decision
in two or three days.
Madden Opens for State.
Dennis Madden. of the attorney
generals office, opened the arguments
for the state. Each side was allowed
one hour for arguments. Madden as
sured the court that the state had
proved Mayor Corwine guilty of "a
double breach of duty; namely, fail
ure to report violations of the liquor
law to either the city attorney or
county attorney" Madden also re-
ferred to Doctor Jekyll and Mr.. Hyde,
asserting that this man, as the court
must he convinced. has two charac-
ters-two faces. lone face is for the
public, and behind it IS something
else"
Says Suit Had Fallen Flat.
Col. A. NJ. Harvey succeeded Mad
den He laid great stress on the will
fulnesS of the mayor in falling to re-
port to the county and city attorneys
and declared that the court must find
that the mayors acts. or rather omis-
sions, were wilful before he could be
ousted. He asserted that the attor-
ney generals lawsuit had fallen flat
and cited many charges in the petit
ton which he claimed Griffith had
failed to properly substantiate by evil
dence.
'And I want to further say to this
court" he exclaimed, that I think
the attorney general should apologize
to Topeka and the mayor and the good
people he has maligned in his So
called lawsuit demand that he
apologize
Captain Hill Is Commended.
Harvey paid a high tribute to Capt.
Jesse Hill, of the police department,
who was charged with going into al
legged disorderly houses. Hill testified
that this was the truth but that he did
so in line of duty, almost daily, while
he was a detective on the force, in
search of persons wanted, and that all
other detectives did the same thing.
Harvey declared that Hill is "a good
officer" and that he has times innum-
cradle been charged with the serious
duty of going into the dark places of
the city
Because he enjoys the confidence
of the mayor and the police officers"
said the attorney, this man has been
given very hard and strenuous duties"
Griffith himself acknowledged this
in the closing argument, asserting:
Here is a man named Doc Cook,
who had been bootlegging around this
town for three years and was appre-
hended only recently. Thanks to the
efforts of one good officer, Hill, this
man was captured and turned over to
the federal authorities. He was was
then brought to my office, where we
were successful in getting him to plead
guilty, and today he is serving his
time in the penitentiary."
Tribute to Police Department.
Colonel Harvey paid a high tribute to
the police department and while ad-
mitting that there might have been,
and might still be, some men in its
, personnel, who were not entirely com
mendable, closed his talk with the de-
claration that the charges made by
the attorney general were untrue, and
declared:
"On behalf of the honest men IN
that department.; in honor of the men
who protect your home and mine
to sleep, 1 want say to this court that
| the charges are false"
Colonel Harvey was followed by
George McDermott, who declared that
Topeka has been shown to be cleaner
, than he ever suspected.
Proud of Topeka.
"And I want to say to this court.
he stated, that while I have always
| been proud OF my city, am more
proud of her since this lawsuit than
ever before. And am more proud or
her mayor. never knew him very
we'll before didn't exactly like him.
I didn't like the cut of his hair But
since this hearing I have found out
what he is like and I admire him and
I'm proud of him. He is an homes;
man"
McDermott. in referring to the Gig
aret law, reminded the court that
Uncle Sam taught sc, 900 Kansas boys
| to smoke cigarets in the trenches
and that it is no wonder that the Gig
aret law is hard to enforce, but point
ed out that according to the testimony
| Corwine had always shown a willing
ness to enforce it.
McDermott declared himself amazed
! that the evidence had revealed SO lit
| tie vice in Topeka and said it was to
| his surprise that there was not more
In closing the argument for the
state. Griffith ridiculed McDermott's s
| statement that he was proud of To-
peka." He dwelt in forceful language
/ on the iniQuitous Blitz system and
j expressed the belief that the mayor
1 knew of it. He declared CorWine him
| self had started the intimacy between
BAtz and Rad Lee. police Judge. by
Continued on Page Two.I