The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-07-11
so that it was impossible

community so that it was impossible
to clear Gaines.
Owens gave his version of the affair
P. I. Bonebrake came in at this juno
ture and he was asked to make. a state
ment. Mr.. Bonebrake said:
Il was president. of the board of po-
lice commissioners at the time Gaines
killed Cruger. I think the whole trou-
BILE arose out of the outcome of the
trouble in the Russian settlement as
related by Mr.. owens and it got mixed
up in politics. If it had not been for
that, Gaines would not have been tried
for Is minutes.
Gaines was a faithful officer and
there is not one man in a thousand that
would not have shot if they were plac-
ed in his position. would have my
self
was able to get about and found he had
quite a confusion. If the blow which
caused it had struck him on the head
believe it would have killed him."
Thomas Archer asked Mr.. Bonebrake
if he would not defend his own wife if
he found a man striking her. Mr..
Bonebrake said he would defend his
wife but that no one had struck Mrs.
Cruger. That while it was natural for
all men and animals to protect their
families there was nothing in this case
that JUSTIFIED the parties in resisting the
officer and hitting him with an iron
gas pipe.
I think the public sentiment of this
community is in favor of granting
Gaines a pardon"
J. P. Davis said: ''I come before YOU
to make plea for Gaines. He has had
a trial before court but there is a
question if an injustice has not been
done. without fearless officers society
could not exist This officer was in the
line of his duty, he found a man in
possession of stolen property and ar
rested the man, when outside parties
interfered, and assaulted him I am
of the impression that Gaines used his
revolver in self-defense, but even sup
pose he did not, and was too hasty in
the use of his weapon, 1 think the Off
Ger ought to be given the benefit of the
doubt and ought not to be punished.
We all know that officers are frequent
ly killed in an attempt to protect soci-
ETY. and when there is any doubt as to
the prOpriety of an officers action he
ought to be given the benefit of the
doubt A pardon would meet with the
approval of the majority of our best
citizens"
c. w Jewell said: From what in
vestigation I have made I believe
Gaines acted in self defense
H. G. Larimer-I think Gaines ought
to be pardOned. He was a faithful and
efficient officer.
w. E. Sterne-I think that pardon
would meet with approval of the people
of this entire community.
A. A. Avery, who opposed the par
don, said: I have no other interest in
this case, than that of a private
citizen. The jury has passed on all the
evidence and convicted him, and the
sentence has been made the minimum
I think it ought not to be disturbed but
left to remain as a lesson To officers
that they must be more careful. Gaines
had no right to go on those premises
without a warrant, and he had none.
An officer can arrest when he sees a
felony or misdemeanOr being commit
ted-but he did not see anything COM
mitted. The man only saw his wagon
tongue in the possession of a man and
toOlSit and Gaines Went ahead to make
an arrest when he ought not to have
Now this is assumed to be a fact here
that ne was in the line of his duty,
when it is a question as to whether he
was or not"
Mr. White asked if Gaines had had a
warrant in his pocket would he have
been justified in the killing.
Mr.. Avery said: Yes, If he believed
his life to have been in danger; but he
had no warrant"
What want is an administra-
ton of the laws that officers won't
make arrests with any less formality
in the case of a bootlegger or a petty
thief than they will should they arrest
Mr.. Bonebrake or Mr.. Jewell. or any
other of these excellent gentlemen The
court has tried this case and I think the
verdict of the jury should not be light
ly set aside by this body. The jury
trial is an important bulWark of our
liberty, and when we get a decision of
a case from them we ought to let it
stand"
Thomas Archer also made a speech
against the granting of the pardon. The
hearing viii continue till this evening
and will then be taken under advise
ment by the board and their recon-
mendation made to the board at a later
date: