The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-24

received their sentences and will at once
be returned to the penitentiary. OF all
the cOnvicts who escaped by the mutiny
of November Z, 1901, but three remain
were never recaptured.z They are Neal
Jaco. w. o. hurry ana Frank Law
renee.
Six prisoners yesterday noon plead
guilty to manslaughter and were given
light sentences. Early in the afternoon
R L. Davenport also plead guilty and
took light sentence, two years and
$500 fine. His new sentence will run
concurrently with the one he is now
serving and will keep him in Jail but
two days longer than he would other
wise have remained in. There was a
moral certainty that Parker Hewitt and
Hating would be convicted of murder
If they stood trial. They have been re-
garded as the ringleaderS in the mutiny
and on trial they stood a chance of re-
ceiving the death sentence. 1t was be-
lieved that they would plead guilty if
they could get any assurance that a
death penalty could be avoided in that
way. But when they failed to do so
before the examination of the jury was
commenced it appeared that they in
tended to take their chances with the
jury All the afternoon the attorneys
worked on the jury and the panel was
not completed until time for the even
ing adjournment Judge Riner then an
nOunced that court would resume at
1880 p. m. This was unexpected.
During the supper hour the prisoners
consulted at length with their attorney,
Joseph Waters of Topeka It was decid-
ed to watch the trend of the testimony
and act accordingly. The evening ses-
sion of court opened with the examina-
ton of Superintendent of Construction
]. e. Hines, the first witness for the
prosecution DR.. F.. E Thomas, peniten-
tiary physician. followed and described
the wounds received by Guard VALID
rupe The third witness was Major r.
w. McLaughry, warden of the peniten-
tary. Hines described the beginning of
the mutiny when Parker. Rating, HeW-
lit and hurry captured himself Guard
Trelford and another prison official and
marched them to the north gate of the
prison. The three men on trial
testified to having been among those
who fired upon Waldrupe At this juno
ture the willingness of the prisoners to
conclude the proceeding by pleading
guilty was announced. They were allow
ed to advance and plead guilty and
Judge Riner Immediately instructed the
jury as to the nature of the verdict
which should be brought in few
minutes closed the scene in court. Gus
Parker asked that he might be commit
ted for imprisonment elsewhere than at
the Leavenworth prison Judge Riner
advised him to make application to the
attorney general for removal.
None Of the prisoners made comment
upon the severity of their sentences
But after they have been again placed
within the walls of the federal peniten-
tiary the prisoners will be. guarded care
fully. They are desperate men Hewitt
has been confined in the state peniten-
tiary of Texas for a while past, having
committed a horse theft in that state
since the mutiny, and during his con.
finement he is said to have led ploi
to blow up the prison with dynamite
and to have cOncocted other schemes t
secure his liberation. He will doubles
try to escape from the penitentiary a
Leavenworth when he has a chance