The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-04
ALL BOUND over.
Gamblers Are Each Held In
1000 Bond.
They All Waive Preliminary In
City Court.
WILL ATTACK LAW.
Believed That Is to Be Chief
Point of Accused.
Has Never Been Tested in the
Supreme Court. &
Jury Which VIII Try the Case
Is Drawn. .

The four defendants, charged by
County Attorney Hungate under the
Cubbison law with gambling. waived
their preliminary hearing in the city
court this morning before Judge Nc
Cabe and were bound over to stand
trial at the next term of the district
court The bond was placed at $1,000
each. The four bonds, of Mike Thomp-
son, Wood Fowler, lobe Tobias and Al
Hurst, were signed by R. F. Hodgins.
AS the defendants waived their pre-
lirninary hearing no testimony was in
troduced in the city court. The defend
ants were represented by Eugene Hagan
and C. A. Magaw. No objection was
made to the amount Of the bond fixed
by Judge McCabe, which was double
the bound required to hold the defend
ants for the preliminary hearing.
Hale Ritchie was first suggested as
bondsman. Judge McCaba announced
that he was a satisfactory bondsman.
Before the time for the bond to be
signed, however, Mr.: Ritchie changed
his mind Another bondSnan was
as bondsman and satisfied the court
that he was financially responsible for
the amounts of the bonds
It had been expected before the day
would waive, as was announced in the
State Journal The names Of only IA
witnesses were Endorsed on the COM
plant for the preliminary hearing.
County Attorney Hungate has the
names of over 60 witnesses that can be
called to testify against the four de-
PENDANTS and before the trial in the dis
trict court is begun the names Of the
rest of the witnesses can be Endorsed on
the complaint The four defendants will
be in doubt, except as to the Il wit
nesses, who Hungate will call to testify
before the jury in the district court.
The transcript in the case will at
once be filed from the city court in the
district court and the cases against the
four defendants will be placed on the
docket for trial at the January term
of the district court, which will begin
January IL The first week Of the jan
uary term will be taken up with mo-
lions. The first assignment of cases 10
be heard by the jury will be criminal
cases and the gambling case, from the
city court. viii be on that docket for
trial. The criminal docket for the jan
uary term will be light and the gam
bling case viii be set for hearing early
in the term. not later than the last
week in January or the first week in
February.
Two important murder trials will be
disposed of before the end OF the pres
eut term and there viii be no reason
Uhy the gambling case shall not come
to speedy trial. Although Judge Hazen
has made no announcement regarding
the case, further than to state that it
will be set on the first criminal as
signment for trial, il is understood that
Judge Hazen viii brook no delay in
the trial of the case That this will
be his policy is supported by the fact
that he set the trial of VIII Mason,
charged with the murder Of Fred
Tutcher. for as early trial as was
possible. Judge Hazen has the district
court docket well cleaned up to date