The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-20

given Tobias and Hurst. who are en-
! ployes of the Royal proprietors.
From Judge Hazen.
In speaking of the plea of guilty
entered by the four defendants, Judge
Hazen said:
"The defendants in this case were
originally charged with felony
which meant, II convicted, punishment
by confinement in the penitentiary for
/ not less than one year. The county
attorney has consented to change the
mature Of the charge so as to make it
a misdemeanor, punishable by i'm
prisonment in the county jail not eX-
ceeding one year or d fine not ex-
ceeding $780, with the understanding
| that the defendants are to plead guilty
and move out of the building known as
the Royal and cease to use the build
| ing for any unlawful purpose. 1t IS
my judgment that the county attorney
| is entirely justified in disposing of the
case in this manner. In a case of this
character there is always more or less
| uncertainty as to final results. The
punishment is very severe ana undef
ordinary circumstances it would be
difficult to convict the defendants of a
/ felony. If the state was successful in
procuring a conviction, the defendants
would have the right of appeal to the
/ supreme court, obtaining stay of
proceedings by giving bond in the
lmeantime, and there to have settled
some of the disputed law questions
that would necessarily arise in the
case of this kind. with some chances
/ of reversal and Il new trial ordered
4 or the defendants discharged. The
| expenses of the trial would be con-
| siderable to the taxpayers, for it
would be necessary for the prosecu-
ton to bring witnesses from the ex-
/ trenle western part OF the state and
from Oklahoma. Having dispAsed of
! the case in this manner the place al
| legged to have been gambling resort
/ is closed and the evil to the public
abated. The public are more inter-
ested in an immediate closing of the
/ place than in seeing the defendants
sent to the penitentiary. Having en-
/ tered a plea of guilty under the cir
cumstances the defendants must ex-
| pect to receive q substantial Jail SEN
tence. The county attorney should be
| congra tulated on the results of his
1 sons may offer objections yet no just
criticism can follow this disposition Of
| the case.
The prosecution of the gamblers was
brought about by the complaints OF
! D. Carruthers, night clerk of the Sixth
| Avenue hotel, whose Son-in-laW, VIII
| Griffith, lost large sums of money at
| the Royal. Upon the complaint of Car
| ruthers and the evidence furnished by
| him and others the first case against
! Thompson, Fowler, Tobias and Hurst
| was brought by Hungate. Then when
the gamblers persisted in running their
establishment Hungate brought the
i second case himself.
Now for the first time in the career OF
! Thomson and Fowler they are to serve
time in Jail. Both have been arrested
by the police repeatedly for running
joint but they have never been con-
| victed and have never served any time
in Jail nor paid any penalty whatever.
| Thompson began in Topeka years
| ago as the driver of an express wagon
| in North Topeka. Later he opened d
/ grocery store in South Topeka. Ten or
| a dozen ysars ago he began the gam
4 hIfr1g business by running a policy
4 wheel on Kansas avenue, between
Eighth and Ninth.
/ Wood Fowler was a farmer near Per
ry and came to Topeka as a tin horn
sport. He and Thompson formed n
lard hall which off and and mostly
| on has had joint and gam bling house
in connection. Thompson and Fowler
have prOspered- Each is worth from
900 to $4,000 and Fowler recently
built a residence on Polk street which
is one of the fine homes in Topeka
and cost in the neighborhood of 81, COO.
Hurst and Tobias have been employees
of the establishment and presided over
the roulette wheels.
Otis Hungate has the credit of being
! the first county attorney who has
made any headway against the gam
blers and the first who ever secured a
plea of guilty from any.
At first the gamblers thought that
he was "blufffng, but when he brought
/ the second case one of the largest gam
| bling resorts in the city, next in size
to the Royal, voluntarily closed and
/ several prominent gamblers left town.
The gamblers found that Hungate WAS
in earnest. They became scared and
decided to enter the plea of guilty.