The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-07-11
FOR GAINES.
Strong Words Spoken to Get
the EX-POIiceman
Out of the Walls of the Peni-
tentiary.
AMONG THOSEPRESENT
Before the Board of PardOns,
Who Talk,
Are Mr.. BOnebrake, Mr., Wilder,
Mr.. Davis and Others.

Several lengthy petitions both for and
against the pardon of H. E. Gaines
have been filed with the state board of
pardons and r. B. Welch this morning
appeared before the state board of par
dOns in his behalf.
Gaines was convicted of manslaught-
er in the third degree in the Shawnee
county district court last February and
sentenced to one year in the peniten-
tiary.
Attorney General Dawes, E. Wilder,
DR.. Mitchell. Thomas Archer, H. G.
Larimer Chief Gardiner, A. H. Vance,
c. w. Jewell, P. I. Bonebrake, J. p.
Davis, A. A. Avery We're present. Mr..
Avery and Thomas Archer opposed the
granting of a pardon.
The grounds on which the pardon is
asked are:
victed by evidence of witnesses, upon
whose word ordinary business men
would not act in their everyday bust
ness.
2. The entire criminal class of Shaw
nee county are greatly rejoiced at the
conviction of Gainee.
3. P. [. Bonebrake, at the time presi-
dent of the board of police commission
ers and J. NJ. Wilkerson, at that time
chief of police, say that Gaines was
one of the best officers the city ever
had.
4. At the time of the killing Gaines
enemies started false stories which Gre
ated prejudice against Gaines, which
existed at the time of the trial.
5. In the political canvass last fall,
as a means of making votes for R. B.
Kepley it was circulated all over Shaw
nee county that D. n. Burdge had ap-
pointed Gaines as his deputy. This was
given as a. reason why people should
vote against Burdge, and the offense
of H. z. Gaines was magnif1ed before
the people in every way imagination
could invent, and in this way part of
the prejudice against Gaines is ac-
counted for.
g. While we do not wish to uphold an
officer in wrong doing, we do wish to
encourage every officer in the faithful
discharge of his duties, and we prefer
to take the word of an officer who has
been faithful to the testimony of per
sons whose only reputation is that of
petty thieves.
Attorney General Dawes was intro
duced and made a short statement of
his views in regard to this case. Mr..
Dawes said:
''I followed the evidence and trial
pretty closely and came to the conclu-
sion that he ought never to have been
convicted. If Gaines is kept in the
penitentiary it is making a bid for the
criminal element to come here and do
as they please-and while I thought I
would not sign a petition while I was
in Office, it was not only my duty but
a pleasure to sign this petition. I think
instead of being sent to the penitentiary
he ought to have been presented with
a gold medal
Z. Wilder said:
,4o.5 a.,
parties, but as a large property own
er, I was interested in the way the
taxes are spent in uphOlding the law.
I don't think we ought to put the DO
lice on the same line with criminals,
and let them fight it out. If we are
going to hold officers to account for ev-
cry thing the do when they undertake
to make arrests and are resisted, we
might just as well discharge the police
and save the taxes we pay for the sup
port and let every property owner pro-
tect his own property. make a rule
to avoid signing petitions, but having
paid close attention to this matter as
reported in the papers, I thought I
ought to appear here and express my
views, although my name is not on the
petitions, 1 believe"
DR.. NJ r. Mitchell was then intro
duced and told the board as to his hav-
ing examined Gaines and that he had
a. confusion on his head where he had
evidently been struck with something
A A. Avery asked him he had not
Gaines in the district court. The doc
tor said he had.
Mr.. Welch in his argument before
the board after explaining the circum-
stances of the killing, referred to
Gaines having been convicted on the
testimony of the Robbins family. then
referred to the record of the Robbins
since the trial of Gaines, saying that
four of them had committed feIonies
since giving testimony at the trial of
this case.
That during the trial at least 40 men
attended as spectators who had been
either sent to Jail or the penitentiary
through the efforts of Gaines during
his various capacities as officer, and
claimed many of the names on the petit
tiOns of remOnstrance were of the
same character. That by his efforts in
behalf of law and order Gaines had in
inal class, and that they had labored
day and night to create sentiment
against Gaines.
That in the campaign last fall stories
had been circulated that Burdge had
appointed Gaines as a deputy and that
were induStriOuSly circulated for the
purpose of defeating Burdge and Gre
ated sentiment against Gaines, which
had c,anted against the prisoner on
the trial.
In conclusion Mr. Welch said that
the persons who appeared in behalf of
Gaines did not appear for a cOnsidera-
ton. but because they loved good gov
ernment and believed that a pardon for
Gaines would be promoting respect for
law and order.
officer Owens then told of the trouble
that occurred in little Russia where
Gaines was accused of having beaten
q woman and which story Mr.. Welch
referred to in his argument as being
untrue and as being one of the stories
which had fixed the sentiment of the