The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-04-14
GAINES SENT UP.
Judge Hazen Sentences Him to
One Year
In the Penitentiary at TOday's
Session.
EFFORTS FOR PARDON
Are to Be Made, and it is Not
Likely
That Gaines Will Spend Many
Months Behind Bars.

Ex-Policeman H. E. Gaines viii go
to the penitentiary for the killing of
Albert Cruger last summer.
The money could not be raised to
take Gaines case to the supreme court,
and he was this morning taken into
the district court and sentenced to The
penitentiary by Judge Hazen.
The former detective was brought
into the court room by Sheriff Kepley.
He was accompanied by one Of his law
yers. r. B. Welch. None Of his family
was with him. Mrs. Gaines is in deli
cate health.
The man who shot Cruger was look
ing well. His skin has lost the tan it
used to have since he has been confined
in the county Jail He was dressed in
his regular suit of light blue
What have you to say?" asked
Judge Hazen.
Il have already said all have to
say replied the convicted man with
out rising. Il have nothing new.
'sThe order of the court is that you
be confined in the penitentiary at hard
labor for the term Of one year" said
Judge Hazen.
Gaines received the sentence IN
moved. He put up his hand and twist
ed his long blonde mOustache, and
Elen TeLlEeQ ILOIl the 4COA4- WIN ~-AN
sheriff and Mr.. Welch.
Later Mr.. Welch said to a reporter:
ssAI efforts to take the case to the Su-
preme court have been abandoned, buI
we shall get a pardon for him i snall
never rest q minute While that man IS
in iail Money was being raised right
/ along to take the case up, but it was in
such small contributions that it was just
/ like going out and working py the Gay
to get it. The people who save We're
of the class who should not have given
at all, for they could not afford it.
sOf course the effort to secure a
pardon cannot be begun until Games IS
! in the penitentiary-
AS the ex-policeman will probably not
/ be taken to Lansing until the rest Of the
/ criminals sentenced at the present
l term are ready this will be some tire
/ vet The April term will likely not end
! until july. and the prisoners will not
/ go until the term is nearly ended Ine
! law allows the sheriff to make but one
/ trip to the penitentiary with prisoners
! each term.
Mr.. A. TT. Vance, one of Gaines coun-
/ sell characteriZes the outcome as an
| outrage" and says: 1T was case OF
/ an innocent man being convicted by a
/ lot of criminals" referring to the Rob
1t is said by Sheriff Kepley's men at
/ the county Jail that a great change mas
| come over Gaines in the last few days
4 JJp to the present time he has given
| them trouble on different occasions,
but now he is polite and demure- He
/ reads the Bible almost all the time,
4 and argues with his fellow prisoners
/ about the evil of raising quarrels and
disturbances.
Gaines is reading his Bible this
! morning and tells me I ought to DO 1t,
| said Rough" Ready, a Jail trusty, to
/ a reporter who called at the Jail to-
/ day
Whether the detective has reformed
or is merely getting ready for his try
for a pardon is problematical II is
reasonable to suppose that he will be
When Gaines was suspended from
the police force after killing Crpger
Mr.. Welch says that the board of pO-
lice commissioners promised to keep
his name on the regular pay roll. and
pay his salary right along. Not cent
was ever paid, however.
John Wilkerson, who was chief OF
police at the time. saye he knew il
would not do for Gaines to draw the
salary. and he paid no attention tC
the order.
The most Judge Hazen could have
given Gaines for his crime, manslaugh-
ter in the third degree, was three years
in the penltentlary. The minimum
sentence is six months in the county
Jail.
Although Gaines trial was regular
and properly conducted in every par
ticular he has a considerable number
of sympathizers, in spite of the fact
that he was at one time a correspond
ent for the Sunday Sun, and had also
needlessly pounded and beaten WOmer
! in the Russian settlement north of the
affairs that showed his character to be
that of a ruffian Nevertheless some
mem bers of the Robbins family alsC
were more or less of the criminal cIas.
and the fact that their testimony coulC
put a man in the penitentiary is re