The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-09-15
The Best Of Counsel VIII Be
Given the Mutinous C0nvicts.
Lambert, Atwood and Baker APP
pointed to Defend Them.
BE TRIED FOR MURDER.
Five Accused Negroes in Leaven'
worth Federal Court.
Hanging to Be the Sentence II
They Are Convicted.

Ta.vnnworth Kas, Sept 15.-Judge
W q Hook. of the United States dis
tr,ct court. appointed ex-United States
Senator Lucien Baker, ex-Attorney
General I E. Lambert and John H. At
wood to defend Bob Clark. Turner
Barnes Fred Robinson, Gilbert Mullins
and Frank Thompson, the federal con-
victs who are charged with murder In
the first degree, and in doing SO he as
sured the prisoners that they could not
find better legal talent in Kansas. the
five men said that they were sauSneo
with the lawyers selected by the judge.
Clark and Robinson were the only ones
who expressed any preference, ana
they selected I. E. Lambert.
The five noted criminals were brought
into court at the instance of the United
States district attorney. who wished to
have attorneys appointed for the men
and date set for their trial The next
term of the United States district
court will convene on October ID, and
Judge Hook said that the men could be
tried at any time after that date. He
did not fix a date for their trial. how
ever, as he did not think he would. be
doing justice to the prisoners by setting
a date before they had consulted with
their attorneys.
The men were brought before Judge
Hook singly and each was asked II ne
had any preference as to attorneys and
whether or not he was in a position to
employ his own counsel. All of them
answered that they would be satisfied
with counsel appointed by the court al
though Thompson, the big negro, stated
that he could secure his own lawyer.
After the five men had been questioned,
Judge Hook promptly appointed Baker,
Lambert and Atwood. thus giving the
men the advantage of as able lawyers
as there are in the state.
Bob Clark Turner Barns, Fred Rob-
inson, Gilbert Mullins and Frank
Thompson are under Indictment by the
United States grand jury for murder in
the first degree. They were the leaders
of the gang of convictS who mutinied
at the site of the new United States
penitentiary on November Z, 1901. when
Guard John B. Waldrupe was shot by
one of the mutinous convicts. 1t has
never been proven positively which con-
Wet fired the shot that resulted in the
death of Waldrupe, but strong evidence
points the negro, Frank Thompson, out
as the guilty man. Thompson, how
ever, would be no more guilty than the
other men. they were all members
of the conspiracy to escape.
The five men were brought into court
Saturday afternoon by Warden Nc
Claughry. and three guards. They were
lowed them into the court room. None
of the men appeared the least bit ner-
vous, and it is doubtful if they under
stand the true position they are in.
Should they be convicted they will be
sentenced to be hanged. but the presi-
dent would probably commute the sem
tence to life imprisonment The gov
eminent was represented in the pro-
ceedings by E. D. McKeever. assistant
United States district attorney
Clark, Barnes, Robinson. Mullins
and Thompson were all serving terms
in the federal prison at Fort Leaven-
worth at the time they caused the out
break which resulted in the escape of
many convicts and the killing of John
WaldruDe Clark was serving a term
of five years for breaking into a post
office at Ardmore, I. T., and his time.
counting off good time, would have ex-
pired on July 81, 1904 Thompson was
sent up in 1900 for larceny, and his time
will not expire until 1895. Turner
Barnes has until 1908 to serve He was
convicted of assault to kill. assault to
rob and introducing liquor, and was
given three sentences of two, five and
ten years. Robinson's term expired last
April. He served five years for larceny.
Gilbert Mullins was brought to prison
In 1897 for a term of five years for lar
ceny, and his time will expire on Oc-
tober 81. 1902. If the men are convicted
of the charge of murder. they will not