The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-19
JAIL DOORS OPEN.
Gamblers Again See the Light
Of Freedom.
Judge Hazen Grants a Write OF
Habeas Corpus.
BE OUT ALL SUMMER.
Hearing VIII Not Be Held On =
ill SpDtember.
BE OUT ALL SUMMER.
How the Four Men Missed Their
Calculations.

Mike Thompson, king of the gam
| blers. and his partner in business.
Wood Fowler, are out of Jail and enjoy
ing freedom with them are their two
assistants. lobe Tobias and ST Hurst.
Monday afternoon at o'clock Judge
Hazen, in the district court, allowed
writ of mandamus returnable at 7:3O
o'clock last night. The gamblers were
freed from Jail and at half past seven
appeared before Judge Hazen and the
hearing of the case was set for next
/ September.
The writ of habeas corpus was asked
for on the ground that the four gamb-
lers were illegally kept in jail. G. c.
| Clemens and c. A. Magaw were the at
| torneys representing the gamblers. In
their petition they set forth the follow
| ing defects in the law and the proceed
| ings under which they went to Jail:
| First-That said information charg
ed an offenSe under section 1928 of the
general statutes of 1901 and a felony
punishable only by Imprisonment in the
! pen1tentiary for a period of not less
than one year, and the said sentence to
Imprisonment in the county Jail of said
! county was beyond the power of said
court and was and is void.
| Second-That section of chapter
223 of the session laws of 1903, under
which said court assumed to act was
and is void because in violation of that
portion of section Is of article of the
constitution of the state of Kansas
providing that no law shall be amend
ed unless the new act contain the sec
ton or sections amended shall be re-
pealed: the said section being an
amendment of said section 2228 of the
general statutes of 1901, and not con-
tanning any section SO amended, as re-
CURED by said mandatory constitution
al provision.
"Third-That the subject of said sec
ton is not clearly expressed in the
n "a nj fer of he sion
laws of 1902"
The gamblers were arrested on fell
ony charge and were allowed, under the
agreement, to plead guilty to a mis-
demeanor and they now claim this was
not proper. The gamblers also contend
that the misdemeanor law under
which they pleaded guilty is void be-
cause it is an amendment to the felony
act by implica ton and does not set
forth the law amended.
The four gamblers were arrested on |
two warrants issued by County Attor- |
ney Hungate. One charged them with |
maintaining a slot machine in a gam |
bling house and the other charged |
them with maintaining a gambling |
house. They plead under the charge |
OF operating "A slot machine, which is |
d misdemeanOr and not a felony and |
carries with it a Jail sentence a fine. |
and the felony charge provides for a |
penitentiary sentence.
When the case comes UP in Septem-
Der the arguments will be made. If |
Judge Hazen holds against the gam
blers they will be ordered back to
Jail. If he holds in their favor then |
County Attorney Hungate will prose-
cute them under the other charge.
When Hungate agreed to the propo-
sition of the gamblers to allow them
to plead guilty and serve a sentence
in the county Jail, he warned them
that he would hold the other case
served the full sentence imposed in
the other case he would prosecute
them on the second charge.
Now the gamblers hope to knock
out the second case by claiming that
they can not be prosecuted in the sec
ond case because they will have been
in jeopardy once on the same offense.
Their contentious do not go together
well, as in getting out of Jail in one
case they claim the statute is void,
and then in the other case they wish
to get out of Jail on the Jeopardy plea.
To be in jeopardy they must be prose-
cuted under valid statute.
a Strenuous Struggle.
1t was on May 16 that the four
ty jail-Thompson and Fowler for
four months and Hurst and Tobias for
three months-and ever since then
they and their friends have worked
necessarily and have tried every
means possible to get them out of Jail
1t was Thompson and his three
compatrfots who agreed with the
county attorney through their friends
guilty to mis6emeanor charge if
they would not be prosecuted under
the law which provides for a peniten-
tiary sentence. 1t was their own
proposition, but the result did not suit
them.
Thompson and his associates expected
neer the scheme for them and that they
would get off with fine, which thy
sentence, which they dreaded. When they
appeared PIP d before the court to plead guilty
open court to Judge Hazen that the
gamblers had agreed to plead guilty and
stantial jail sentence, the four gamblers
did not realize that they were more than
ly found themselves in jail they began to
wonder and they charged their closest
They appealed to the county commits
sioners. but they We're in jail under a
could not free them. not even on the in
stallment plan; Then the gamblers.
agitation for them to pay a large fine
which would swell the funds in the coun-
from Jail
The gamblers thought that County At
against them for political erect and they
thought the conditions he announced for
ments and that at the proper time, when
the political bunco game had been work
ed, that they would be freed. They knew
about county attorneys
Then Governor Bailey was urged to
pardon, or parole, the four gamblers and
the political friends of the gamblers
went to Governor Bailey to urge that the
parole be granted. but the political ,
friends of Governor Bailey protested
a gainst such procedure, and the gamb-
lers lost that tack.
Then the habeas corpus was resorted to
and now the gamblers are out of jail
and will be during the hot weather, ana
then if they lose this tack they can ,
serve the remaining two months of their ,
term during cold weather They are each
under 81. 900 bond.
Thompson and his three craftsmen are
now well convinced that there is no bluff !
ing in their prosecution. ,