The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-25
IN PRISON OR NOT
That Is the Point in Case Of
"Jack" Williams.
Proceedings Instituted to Get
Him Out of PeRitentiary.
INTERESTING HISTORY.
As Officer He Convicted Big
Gang of Safe Blowers.
Soon Afterward Found Himself
Held For Perjury.

David Ritchie, of Salina, has notified
the attorney generals department that
he has commenced habeas corpus pro-
ceedings in the district court of Leav
enworth county to secure the release of
Jack Williams from the penitentiary.
Williams was sentenced to the peniten-
tiary three years ago for term of
three years for perjury, but he was
not landed in the penitentiary for over
a year after sentence was pronounced,
for the reason that the supreme court
had a guess on his case and after the
Judgment of the lower court was
affirmed Williams made it convenient
to stay out of the state for several
months without letting the officers
know his whereabouts, and it was only
when all his property was about to be
taken on his bond, leaving his wife des-
titute. that the officers finally secured
him.
The point on which the habeas corpus
proceedings will turn is whether a SEN
tence begins when it is pronounced or
not until the convict is landed in the
penitentiary. Mr.. Richie contends for
the first view of the case, and the state
holds the latter. Mr.. Richie contends
that as Williams was sentenced for only
three years and as three years have
elapsed since sentence was pronounced
upon him, it is illegal to keep shim
longer in Jail.
Williams history is peculiar. About
four years ago he was deputy sheriff
of Saline county. While acting in that
capacity he rounded up one of the
worst gangs of safe blowers that ever
infested the west. For months safe after
safe was blown open in northern CEN
trail and western Kansas, and every
time the thieves escaped detection.
After several weeks of work on one
specific case Williams secured evidence
that connected the same gang with a
number of different robberies. and he
nanffanfIQTX
for long terms.
A short time after this Williams got
into an alteration with a wholesale
liquor dealer in Salina and in the trial
thing for which he was afterwards
arrested and convicted of perjury. He
was sentenced to three years in the PEN
1tentlary, but In the meantime his case
was appealed to the supreme court and
the execution of his sentence was stayed
while Williams was released on $4,000
bond. The supreme court affirmed the
judgment of the Saline county court,
but as soon Williams found it out he
left the country. His friends claimed
that it was not the imprisonment that
he cared for so much. but he feared if
he was placed in the penitentiary he
would be likely to meet some of the
safe blowers whom he had sent there
only few months before Some of
them were so advanced in years that
they had no hope of ever living long
enough to complete their sentences, and
as they had vowed vengeance against
Williams he feared they would kill him
reason given by his friends why he
jumped his bond.
After four months, when Williams
farm east of Sa1iHa, which was the only
means of support his wife had, was
about to be taken to satisfy his bond,
Williams called up Sheriff Swedenburg,
of Salina. by long distance telephone
from Kansas City, and told the sheriff
that if he would come to Kansas City
he, Williams, would go with him to
Lansing and enter the penitentiary. The
sheriff went to Kansas City as agreed,
but Williams changed his mind when it
came to the test and refused to go with
out a requisition, and by the time q
requisition could be secured he had dis
appeared. Afterwards he went to Abb
lene and started to drive to his farm III
the night to visit his wife, when he was
recognized and captured. He claimed
then that he on his way to surren-
der to the officers.
MI. Richie Williams attorney, claims
that the penitentiary officials have here
tofore always followed the rule he is
contending for and have counted con-
vict's sentence as beginning at the time
sentence was pronounced upon him.
Reckoned in this manner Williams sem
tence would have expired October Is,
counting off the good time" to which
he is entitled. Governor Stanley issued
a citizenship pardon for him some time
ago to take effect October 8, but Richie
claims that c. w. Burch, county attor-
ney of Saline county, interfered, and
got Governor Stanley not only to re-
woke the citizenship pardon but also TO
require Williams detention a year
longer in the penitentiary. Richie then
secured a citizenship pardon from Gov
ernor Stanley for Williams, to take eff
feet lone day prior to the expiration of
his sentence" He now proposes to have
Judge Gilkerson, of the Leavenwortn
county district court. determine when
the sentence expires. Richie says
Judge Gilkerson has already decided IN
another case that a sentence begins
when it is pronounced.
1t may do Williams little good to get
out of the penitentiary. for County At
tOrney Burch has a warrant for his
arrest for assault with intent to kill,
growing out of his other troubles.