The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-01
WILL Give UP.
Gamblers to Return and Com
pIete Sentences.
Do Not Care to Take Chances
Before the Court.
JUDGE HAZEN'S HIT.
1t Has Created a Decided Fear
Of the Psnitentiary.
Without Money, They Return to
Residence in Jail.


Hurst and Tobe Tobias, Topeka's Big
Four gamblers. will soon give them
| serves up to the county officers and
complete the service of their sentences
IN the county Jail, in which they were
confined last spring for violating the
slot-machine law.
thompson and Fowler were sentenced
for four months each, and Hurst ana
Tobias for three months. All four were
IN the Jail two months, when their at
torneys, G. c. Clemens and G. A. Ma
gaw, had them released on habeas cor
pus proceedings.
They left Topeka and went to Hot
Springs, where it is said that they lost
all of their wealth in conducting a gam
bling house. Stories to this effect have
frequently appeared in the newspapers.
When Judge Hazen considered the
question raised by their attorneys that
the sentence was not proper, he made
It point to say that they were liable
70 a penitentiary sentence under the
Cubolson gambling law, but said he
would leave the case to his successor,
Judge Dana.
| The four were arrested on two war
rants, one charging them with violation
/ OF the slot machine law and the other
with the Cubbison gambling law. They
pleaded guilty to the slot machine
charge and were sentenced to the coun-
/
| since, butrit is said that the Gamblers
realize that unless they clear up the
matter pretty quickly, they are liable
1 TO nave to go to the penitentiary.
/ Fer that reason it is said that thew
/ VIII return to Topeka and serve out
/ the remainder of their sentences from
Whlch they were released by the habeas
/ corpus proceedings. If they do that
they viii be cleared from the entire
I charge, and will not have to stand trial
Tor violation of the Cubbison law. IN
/ snort, 1t does not seem as if they wish
TO have OF go to the penitentiary.
Charles Magaw, one of the attorneys
Tor the gamblers, was asked this morn
ing concerning the matter and replied:
Wen It has not yet been hxed up.
| nave nothing to say about it,
What viii you do in the affair
i then?" was asked.
20. L cannot say he replied evasive-
! ly. L cannot say anything They NAV
possibly decide to do that. But il will
be fixed up shortly and people will find
| out them
How would you arrange the mat
ter?" was asked.
fSee the county attorney, I suppose -
was the reply, land agree to him that
the men will serve out their sentences
for violation Of the slot machine law
When will your four clients be
Wood Fowler is in town now" he
here soon."
Nothing more definite could be OBJ
tanned from Magaw, but the trend Of
his talk indicates that the gamblers are
PROBABLY willing to go back into the
Trying pan TO escape jumping into the
nre- Their release under habcas corpus
proceedings worked both ways or rarh-
er worse, for it put the Big Four up
against worse proposition than they
faced before.
An extract of Judge Hazen's state
ment concerning the matter just before
leaving the bench is interesting and ex-
plains the courts position. After dis
cussing the case to some extent, he
said:
AFTER they had served something
like two months each they applied to
this court for writ of habeas corpus
upon the ground that the slot machine
law under which they had entered
their pleas of guilty, was unconstitution-
al and therefore that the imprisonment
was illegal. and that was the question
that was discussed on the demurrer to
the return of the officer in these habeas
corpus cases. Their contention was
that the court should discharge them,
that they should be relieved from i'm
prisonment because the law is uncon-
stitutional.
ION account of my personal knowl-
edge of the understanding between
the county attorney and these parties
it seems to me it would be acting in
bad faith on their part towards the
state If they should be allowed to go
without further punishment under
LnelT UNDERSTANDINGS anu yet DL COURSE
if this law under which they entered
a plea of guilty is unconstitutional
they are entitled to be discharged from
imprisonment.
''But that is not the difficult question
that the court has to handle. If the law
is unconstitutional and they are illegal
ly imprisoned, then the question arises
whether or not they would not stand
for further sentence. AS / understand
it, although this information as it now
stands is drawn under the slot machine
law and it would be up to the court to
say whether these men should be held
and sentenced to punishment under the
Cubbison law.
IF I were to remain on the bench un-
til these cases could be finally disposed OF
views in relation to the rights Of the par
ties. but do not see how could make an
order at this time that would be entirely
satisfactory to the court because my sue
in relation to it and might not
be able to carry out the views that this
court entertains for that reason. This be-
ing a court matter and not a matter for
to postpone the cases and allow my sue
cesSor to handle them As / understand
it the question for him to decide will be
whether or not, if this law is uncOnstitu-
defendants shall De finally discharged or
whether there should be order made
that they appear in court for further sem
tence. If the latter should be the order
made by the court and the plea of guilty
should stand, then the court would be re-
quired to send these men to the peniten-
tiary; and yet knovi as matter OF per
sonaI knowledge that they would not have
entered a plea OF guilty If they had
known that a penitemtiary sentence would
follow So this court Is considerable