The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-16

Thompson, Fowler, Hurst and Tobias
sat in the rear part of the court room.
They did not occupy prominent posi-
tion. MI. Hagan made a lengthy talk
to the court when the four defendants
were called up for sentence.
The four defendants, Thompson,
Fowler, Hurst and Tobias have enter
ed a plea of guilty to misdemeanor'
said Hagan. This case has attracted
a good deal of attention. 1t is q source
of embarrassment to these men to en-
ter a plea of guilty and as lar as the
constitution provides tney stand before
this court as self confessed criminals,
guilty of gambling. IS far as the
crime is concerned very little can be
said for gambling or in favor of 1t but
so far as the hue and cry which has
been made here, it can be said that
there is probably less of it now than
before for 25 years, so this righteous
Indignation is without foundation.
These men about to be sentenced
follow the profession Of running a gam
bling house. 1 can say for the men
that outside of their profession they
have been reputable. They have fani-
lies and have educated their children
Their contracts and agreements have
been good.
Punishment is expected to stop
crime. The court knows that in the
early days punishment meant pain. Our
state has held out an inducefnent to
quit crime by humane treatement and
the last legislature passed the indeter-
inmate sentence law. 1t is unfortunate
that moralists, good men. Christians
and preachers. are the only ones who
pursue for revenge, and I say this with
all aspect for them, but they have in
terfered more with the punishment of
crime than anyone else. No man VINO
lost money in this gambling establish
ment is crying for revenge.
There never was a judge more faith
ful than the judge OF this court, but
people of a certain class have embar-
rassed this court. These are the most
unreasonable people.
I am authorized by Mr.. Thompson
and Mr.. Fowler to say that if a humane
sentence is administered they Will new
er again open nor conduct nor partici-
pate in any gambling in Topeka. When
they came to me 1 advised them to
come down here and plead guilty. 1t
will do no good to infiict pain l won't
guarantee that they won't become NOR
alistS and do harm in that way, but if
a humane sentence is given they prom
Use not to engage in business again in
Topeka"
In passing sentence Judge Hazen
said 1.-The original charge against
these defendants was a felony. After
a consultation the county attorney
changed the charge to that of a mis-
demeanor. / am advised that the de-
PENDANTS plead guilty under that
amendment and that the Royal es-
tablishment has been closed. The
court is not bound by any agreement
that was made, but in accordance
with an understanding the county at
tOrney did change the charge from p
felony to a naisdemeanor.
For a time it was believed by
many that the defendants were not
acting in good faith. Many watched
to see If the Royal would be closed.
1t is now well understood that it was
closed and that all the gambling
paraphernalia was removed and that
the building is now being used for
legitimate purposes. 1 think the
aHNa- 4
alton.
The maximum sentence under this
charge is one year in the county Jail.
Anything below that is within the pro-
visions of the statute. l think the
defendants should receive substantial
Jail sentences but not the maximum
think it is also we'll understood that
Thompson and Fowler were the pro-
prietors and that Hurst and Tobias
were employees in the esta bIishnent
and While they are all equally guilty
all should not receive the same nun
ishment. My judgment is that Fowler
and Thompson should be confined in
the county jail for a period of four
months and that Hurst and Tobias
should receive three months in the
county Jail. The sentence in the caSa
is that they stand committed until the
sentence is performed"
What about the other case 2'' asked
Hagan.
performed that Will be nollied. +" said
County Attorney Hungate
Thompson seems particularly dis
gruntled over the sentence and his
three compa Mons are not pleased. Al
though they proposed that they enter a
plea of guilty and that they receive
terms in the county jail from ali ap-
pearances it does not seem that they
anticipated sentences even as severe
as they received
After receiving the sentence Thomp-
son and his three companions held a
lengthy conference with some of their
friends. When asked for an interview