The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-29
Gambling Case Postponed on Ac.
count of Attorneys Absence.
J. &. Waters, for Defense, Now
at Dewey Trial.
ARE FILED
They Show Why Capt. Waters
Is Absent.
Important Witnesses Give Bond
for Appearance.

The cases against Mike Thompson,
Wood Fowler, ST Hurst and "Tobe'' To-
bias, charged with gambling contrary
to the Cubbison law, were postponed in
the district court this morning by
Judge Hazen.
The postponement was made on the
strength of two affidavits, one by Eu-
gene Hagan and the other by John C.
Waters. The affidavit of Hagan's sci
forth the statement that he had been
retained by the four defendants to look
after the defense of their case and that
they had authorized him to retain G. c.
Clemens to assist in the case He, Ha-
gan, gave Clemens a check as the re-
tanning fee. Clemens returned the
check and declined to take part in the
defense. Hagan was then authorized
to ]. G. Waters to assist in the defense.
Waters was employed, the affidavit
stated, six weeks ago and that he fully
intended to be present at the trial and
that he had prepared himself in the
case. The affidavit further stated that
Waters went to Norton to assist in the
defense of the Dewey ranchmen in the
murder trial there and that he thought
when he went there that the case
would be postponed or that the case
would come to an end within two
weeks. Waters calculations do not
seem to have been correct for a tele-
gram attached to the affidavit was as
follows:
Morton. Kan, Feb. 23.-Eugene Ha-
gan, Topeka, Kan: want to be there
to help try Mike Thompson matter
Have prepared for it but 1 am here ir
Dewey case and can't get away before
6th anyhow if then. See judge. An
swer collect. J. G. Waters" Z"
The affidavit further stated that Ha-
gan had been called to Washington or
important business and left Sunday anC
that therefore the defendants were noi
represented. J. G. Waters affidavit was
to the same effect.
County Attorney Hungate stated Il
the court that he was ready to prose
cute the case and that he had summoned
witnesses here from Oikaanonl11 and tha
he wished to continue with the case
Judge Hazen announced that he woul(
not consider the departure of Hagan a:
a bar to the trial of the case, but tha
as Thompson was to be tried for
felony and as Waters could not be callet
upon to leave d murder trial that h
would postpone the case for the re
mainder of the term.
County Attorney Hungate stated tha
one of the principal witnesses lived il
Oklahoma at present and that anothe
was about to leave the state He asked
that both be placed under bond to ap
pear as witnesses at the trial wheneve
it might come up for hearing.
The witnesses were Will Griffith an(
Charles Ramsey and Judge Hazen or
dered that each give a bond for $500 fo
appearance at the trial of the case
Each witness furnished the bond.
Judge Hazen first intended to set the
trial of the gambling cases for the
latter part of January or early in Feb
ruary, but the setting of the date oi
the trial was postponed at the reques
of County Attorney Hungate, who wa.
busy making his campaign for the nom
ination as county attorney. To accom-
modate him Judge Hazen postponed
the setting of the cases until Febru
ary 18th. and then he set the date fol
February 90.
The cases against Thompson and the
other defendants were filed in the city
court November 4 by County Attorne.
Hungate. The defendants first asked
for a postponement of the preliminary
hearing and at the second time set fol
the hearing waived preliminary exam
ination. The cases were appealed tt
the district court December H. Tht
cases will now not come I'D for tria
before the next term of the distric
court from April to September.