The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-23
JUDGE HAZEN'S WORDS.
He Uses FOrcfble Language I'm Giving
HIS Views In the Pickett Case.

1
HIS Views In the Pickett Case.
District Judge z T. Hazen delivered a
rather surprising little speech in his
! court this morning in passing upon the
motions for new trials in the cases Of
| Philip Pickett VS.. John Wilkersou, and
| Pickett VS.. Frank Ellison and W. d! Dis
brow. He overrulsd Pickett's motion for
a new trial against ex-Chief Wilkerson,
| holding as he did when the case was
| tried, that there was nothing whatever to
connect Mr.. Wilkerson with the arrest.
'The motion of Ellison and Disbrow
for a new trial is principally upon the
| jury allowing. in the special questions,
two amounts for the same injury" said
the judge, taking up that motion. SIN
answer to the question. how much do
you allow for the shame, disgrace and
| humiliation of being unlawfully arrested
and imprisoned in Jail without being al
lowed to give bond?' the jury answered
$3.50 Both these allowances are for
exactly the same thing, imprisonment
II have locked over these special
questions and find that the plaintiffs
lawyers have doubled up on their ques-
tions,Ith getting two amounts for one
injury. l think this amounts to about
$500. This must be RENTED, or I shall
grant the motion for new trial.
After moments pause Lawyer Frank
Herald arose and said. 1--WE remit that,
your honor"
"The motion for new trial is then
overruled," replied the judge.
This reduces the judgment against
Disbrow and Ellison from $500 to $500.
"rhis does not mean that I think the
judgment of $500 is too much continued
the judge. The evidence in this case
shows that Ellison went there be-
cause of some word he had re-
ceived that certain man and
woman would be taken there that
night in hack about IL o'clock, and
would be taken away about o'clock in
the morning. That he went there and
waited until the hack came and the driver
had the door opened, when he stepped
in without warrant and without q particle
of legal authority.
s'Mr. Pickett was taken to the station
early in the morning, before people gen
orally were up. The undisputed evil
dence in this case shows that he offered to
give bond asking to be taken simply across
the street to Mr.. Steker's, who would go
his security. But instead of doing that
Disbrow took him back and put him in a
cell and turned the key upon him.
"The ordinary man does not like to be
locked up. 1t was known to the author
tiles that Pickett was a man of property.
He was charged with only a misdemean-
or, and they knew perfectly well that if
return, thot he would have been there
when wanted. If the jury in this case
had allowed the full 500 for his bsinR
locked up, say that this court would
not have interfered with the verdict
81 have seen a practical demonstra-
ton of the stigma attached to being put
behind the bars I saw it demonstrated
in empanneling a jury at the last term
of this court. In a certain case each
juror was asked if he had ever been
locked in prison. / knew. as
matter of fact, that two or three
of them had been, but it
was under such circumstances that there
was no reflection upon them. Yet in
that full court room these men were
forced to answer ayes" to the question,
without chance to explain, or remove
the disgrace from their names.
"The average man doesn't mind arrest
but the fact of beiug locked behind iron
bars is not to him q very pleasant ex-
perience, and carries its stigma with it."
Judge Hazen might have added that
in addition to being put behind bars
citizens have to submit to the shame and
indignity OF being "kangarooed" by
low down criminal negroes and whites.
It is to be hoped that one of these days
when Judge HAzen has the opportunity
he will take cognizance of this abuse
that has prevailed at the county Jail for
years and denounce it in the forcible
language such as he knows how to use.
Not only denounce it but stop it.
Disbrow and Ellison were given sixty
days to make case for the court of APP
Wilkerson for the same court