The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-20
GUILTY THEY ARE.
Gamblers Give Up Before Judge
Hazen.
Will Receive Jail Sentence of
One Year or Less.
A SURPRISING TURN.
Supposed the Cases Would Be
Bitterly Contested.
Arrangements Completed to Be-
gin the Trials.
HAZEN IS PLEASED.
Says 1t IS a Triumph for Conn
ty Attorney Hungate.
Marks Passing of the Notorious
Royal Resort.
Formal Sentence to Be Passed
in Few days.
Arrangements Completed to Be-
gin the Trials.
HAZEN IS PLEASED.
Says 1t Is Triumph for COun-
ty Attorney Hungate.
Marks Passing of the Notorious
Royal Resort.
Formal Sentence to Be Passed
in Few days.

Mike Thompson, Wood Fowler, ST
Hurst and Tobe Tobias appeared be-
fore Judge Hazen in the district court
at two O'Clock this afternoon and each
entered a plea of guilty to the charge
of operating a gambling device in
gambling house, under the law passed
by the legislature of 1903.
Sentence was deferred by the court
until the defendants attorney, Eu-
gene Hagan. who is now in Washing
ton, can be present. The penalty
fixed by law is a term in the county
jail not to exceed one year.
The case in which the four defen-
dants pleaded guilty is the second case
brought by County Attorney Hungate
against the DrOprietors and persons
connected with the Royal billiard
hall and gambling house. The first
case against the four defendants was
brought by County Attorney Hungate
November, 1903. and charged Mike
Thompson. Wood Fowler. Tobe To-
bias and ST Hurst with keeping a
gambling house at 710 Kansas avenue
contrary to the Cubbison law. on No
vember i the four defendants were
arrested by Sheriff Lucas.
The gamble failed to close the
Royal gambling hall permanently but
continued to run a gambling house
and on December 16 County Attorney
Hungate filed a second case against
Thompson, Fowler. Hurst and Tobias
charging them with maintaining a
gambling machine contrary to the law
passed IN 1903
It is to the second offense. for
which they were arrested December
16, that Thompson, Fowler, Hurst and
Tobias plead guilty today. The first
case, brought under the Cubbison law
ana W1lch carries with the conviction
a Denitentiary sentence. has not been
dismissed and VIII not be until the
four defendants have served their
time in the coUnty Jail for the second
ouense and furthermore not until
they absolutely abandon the RovaI
gam bling esta bIishment
That the four defendants fear prose-
cution under the Cubbison law is evil
denced by the fact that the attorney
for the four gamblers made the promo
sition to County Attorney Hungate
that the defendants would plead guilty
TO the onense charged in the second
case II the first case, brought under
the CubbisOn law, would be dismissed
Hungate consented to this but added
the stipulation that the Royal should
be abandoned and the building be va
Gated by the gamblers The Otba,.
case against the gamblers will not be
dismissed until all four have served
their sentence in the county jan and
the Royal gambling establishment.
joint, billiard hall and all is a thing
of the past.
This is the first time that Mike
Thompson or Wood Fowler, the PRO-
prietOrs of the Royal resort have ever
been convicted on any charge. They
have been in the business in Topeka
for years.
Mr.. Hungate's Statement.
In speaking of the sudden termina-
ton of the cases by the voluntary plea
of guilty, County Attorney Hungale
said:
Il considered the matter thoroughly
before I consented to let these cases
be terminated this way. Several things
induced me to take this action. In thf
hfsl place this case, like all others
was subject to the uncertainties of .
law suit. The witnesses on account
or their connection with the matter
would naturally try to shield them
SelNeS and in this way their TESTIMONY
would be weakened in a degree. 1 still
tnlnk L could ultimately have secured
conviction as charged. On acco7lnt
OF the defendants having "a challeng IS
10 my three, If they were tried Jointly
1 would have felt forced to ask for 2
separate trial, and consequently vs
would have tried only one OF the de-
lenoahts this term as the jury which
tried one would have been disouali1ae
TO try the others. In case I had beer
successful the case would have beer
appealed, and if any considerable ques,
tfon OF law had been raised in The
trial the court would not probahI,
have felt like trying any of the Others
until the supreme court had settled the
questions already raised With the
best success I could probably not have
landed any of the defendants in tbt
penitentiary within year and durire
the time there would have been a con
slant endeavor to operate this place
Under this plea, which will be follow,l
by a very substantial Imprisonment o-
all the defendants, commencing with.
in short time, and the absolute clear.
ing of the place from top to bottom
the Royal Will be thing of the Dast
which I consider the thing most de
sired
Thompson, Fowler Hurst and To-
bias will appear before Judge Hazer
not later than May 9 to have sentence
pronounced upon them. From now
until then they will be under bond tr
appear for sentence. Judge Hazer
will give all four a substantial iai
sentence. AS Thompson and Fowler
are the proprietors of the Royal gam
bling resort. they will undoubtedly re.
Gsive q heavier sentence than will be