The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-25
JEWETT ARRESTED
Warden Of Penitentiary Is at
Last Captured.
Tracked to Lair in Attorney
Generals Office.
WASN'T HANDCUFFED.
Not Treated, in Any Sen Sc, as
Hardened Criminal.
Justice Smith Signs an Order
for His Release.

E B. Jewett, warden Of Kansas
penitentiary, was formally arrested
just before noon today by P. X Hen
bricks. sheriff of johnson county. fox
contempt of court. The arrest was
made in the Office of the attorney gem
eraI. A few minutes later Warden
Jewett was released on a writ OF
habeas corpus issued by the supreme
court
1t was agreed between the parties
interested that the habeas corpus ac-
ton should be brought in the supreme
court to test the Jurisdiction of the
district court of Johnson county in
the case, but Sherif Hendricks did not
like to go to the trouble and expense
of bringing Mr.. Jewett to Topeka in
order to allow Jewett to ask for the
writ. Consequently when Mr.. Jewett
was informed that his arrest was to
be made today, as published in the
State Journal Monday. he came to
Topeka and sent word to Sheriff Hen
bricks that he could be arrested here.
Mr.. Jewett was in Governor Bailey's
Office when Sheriff Hendricks arrived
in town. The latter went to the at
torney generals Office. Assistant At
torney General Close went over Ia
the governors office TO inform Jewett
You better hide out. The sheriff
is after you" said Close.
Warden Jewett went over to the at
torney generals Office and amid the
chatting of the newspaper men VINO
were present to watch the ceremony.
the warrant was served on him. The
warrant charged him with contempt Of
court in not bringing before the court
the body of William Howard when or
dered to do so, and cited him to ap-
pear and answer to the charge.
The newspaper men insisted tnat the
sheriff ought to put handouts on the
warden. but the latter offered 70 90
peaceably. He asked the sheriff to ac-
company him to the supreme court
rooms. The application for the writ OF
habeas corpus was already prepared,
and all that remained TO be done be-
fore its presentation 10 the court was
for MI Jewett TO swear t. il, which
ne did 1t was presented to Justice
Smith. who allowed il and released
Warden JeWett under a bond of $500.
The only point to be decided in this
case is the Jurisdiction of district
courts to order prisoners brought
back from the penitentiary after
having been taken to the penitentiary.
Mr.. JeWett contends that the applfca-
tiOn for a writ of habeas corpus would
have to be made in the district court
Of Leavenworth county, where the
peuitentiary is located, and that he
can not be compelled to take prison.
eTs around over the state. Judge
Sheldon, of the johnson county dis
{
warden to take back to Johnson
county William Howard, who had
been sentenced to the penitentiary for
chicken stealing, but who secured a
writ OF habeas corpus on the ground
that the chicken stealing law and the
indeterminate sentence law, under
which he was sentenced, are both un-
constitutional. JeWett refused to
obey the writ, and his arrest follows
for contempt of court.
Howard. the original prisoner in the
case, is said to have a prison history
behind him. and that is why he objects
so streuuously to going to the peniten-
tiary this time. Several years ago. it
tiary for a murder committed in Fin
ney county. He claimed to have been
in Montana at the time of the murder
and In time witnesses were produced
who swore that Howard was engaged
in train robbery in Montana at the
time, and on the strength of this Gov
ernor Lewelling pardoned him, but he
escaped punishment for the alleged
train robbery. It is claimed that he
was also wanted in Missouri several
years ago.
When Governor Bailey was asked to
pardon William Rudolph from the
Kansas penitentiary a few months ago
in order that Rudolph might be taken
der the case of Howard was cited as
a reason why Rudolph ought not to be
pardOned. Governor Bailey paH1oned
Rudolph, however, and ii worked off
ferently In his case. i1e was taken
to Missouri, tried, sound guilty and
sentenced to be hanged.