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February 14, 1908


Leavenworth Judge Discovers Pec-
uliar Defect in Kansas Law.

LEAVENWORTH, Kas., Feb. 13 -- (Special.) The new Kansas law, abolishing capitol punisment, leaves a loop-hole which was brought to light today in Leavenworth for probably the first time. Under the old law, murder in the first degree was an unbailable crime. The new law makes no provision as to bail, and lawyers contend that murder in the first degree is, consequently, a bailable crime. Judge Flynn of the city court here today bound over Victor Jacquot, charged with killing R. J. Mentier, in the sum of $50,000. Attorneys for the defense argued that the bail was excessive and prohibitive, but the judge refused to diminish it and in giving his reason, said:

"Just because a lot of wild legislators, scrambling around in an effort to please long-haired executives, overlook an important point like that is no reason why to a murderer, such as is shown in the evidence, I should allow a light bail."

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