The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-27
NOT SO BAD.
Search Commenced for Police
Court Irregularities.
Council Committee Finds Little
Out of the Way.
QUESTION OF BONDS.
That Appears to Be the Point
of Contention.
Old Methods of Conducting Court
May Be Changed.


The police committee consisting of
Councilmen Roundtree, Weber, Swend
son and Miller began their investigation
on schedule time Saturday afternoon,
but nothing developed which would in
the least resemble grounds for charges
against Judge Magaw or the police de-
partment. The committee did not COM
plete its work. however, and will meet
this evening to again take up the mat
ter 1t looks as if Judge Masaw is be-
ing made a scapegoat because the police
have not secured evidence against the
jointtists.
When this meeting opened a number
of lawyers who were not interested per-
sonally in the investigation were present
and they with a few other non-interested
parties were Informed that the meeting
was secret in so far as they were con-
cerned. Councilnen Hughes and Meyers
were not on the committee but they re-
manned to hear and see what would
happen. r. B. Welch who was present
as Judge Magaw's attorney stated that
as far as they. were concerned they had
no objection to the meeting being open
as they knew the charges as published
could easily be refuted and that they
had nothing to cover up. He mentioned
during his remarks that Mayor Drew
had said that charges would or had been
preferred.
Mayor Drew denied saying that he
either had or would prefer charges. He
said that he thought that there were
matters in the police court that needed
investigation and that he wanted to see if
he was not correct in his ideas. He
added that he had talked about the mat
ter with Judge Magaw but they were
unable to agree and he was not salts
fed that the judge. was right in his
views he wanted the committee to de-
eide.
Il have nothing personal against
Judge Magaw," said the mayor. If l
had would not have appointed him, but
[ think he is mistaken in some of his
views in regard to conducting the
Office
the duties of the police judge and said
as he finished, THE law says the judge
shall do these things and I say he has
not been doing Them
The section read said in substance that
the police judge should not issue bonds
for prisoners zntil they had been brought
before him. The mayor also wanted to
know if he had not been doing this and
il he had not accepted bonds which he
knew were not good, and had not been
in the habit of filing out bonds for the
jointists The mayor stated that the
judge had done all these things and it
was contrary to the law.
Judge Magaw explained that he had
accepted bonds before the prisoner had
been brought before him. but that he al
ways knew the charge as he would tele
phone to the police station and learn
the particulars of the case. He would
accept the bond then only unless he
formed by the attorney presenting the
bond that the endorser was good. He
admitted that technically he was not
living up to the law, but in order to do
so he would be obliged to remain at the
police station the entire day. He added
that he would always do what he could
for the benefit of a man who desired to
give bond as he considered it just and
right.
Il could put a man in Jail and say to
him, now, you are in jail and you can't |
get out until you give a bond. don't !
know how you win get to see any one |
to aid you, but I am following the law |
and you must stay in there until you /
get bond or are tried. That would be |
following the law but don't believe it I
would be just
wouldn't that be going from one ex-
IRENE to the other?" asked the mayor. /
The mayor then asked if the Judge /
considered good all of the appeal bonds
he had accepted, to which the judge re-
piled that he did not, but that at any
time he considered it necessary he could
demand a new bond.
There has never been a bond default
ed in the police court and 1 think that
shows that my judgment has been
good,'' said the judge. THE only bonds
that have been bad are some that have
been accepted by the mayor and coun-
cil.''
In response to a question from one of
the committe the Judge explained the
working of the police court. He said:
AT $3.50 every morning l am here and
all the. prisoners on the docket are
brought before me. 1 tell them with
what they are charged and ask if they
are guilty or not guilty; if they plead
guilty I fine them; if they plead not
guilty and are ready for trial I am
ready to try them. I come again at
o'clock in the evening and again hold
court In the meantime if a man is ar
rested and wants to give bond, am at
my office and will accept a bond if
it good. This has been the