The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
THIRTY DAYS JAIL
Ed L. Goes Who Assaulted UNI
pire Sentenced.
Judge Simon Deals Out
Genuine Surprise.
FIRST PLEADS GUILTY
After Action Is Taken Then
Changes His Mind.
Case Appealed to District
COurt-Bond Given.


received a jolt of the solar plexus or
der today. and one which will have a
most salutary effect, undoubtedly,
when Judge Ernest r. Simon of the
court of Topeka sentenced Ed L. Goes
member of the Oklahoma City ball
team to a term of Imprisonment in the
county Jail for thirty days for his un
provoked and vicious assault on UNI
pre- Guthrie during game with the
White Sox when the Oklahoma City
team was last in the city.
To say that this sentence took the
breath away from Mr.. Goes. from the
other ball players and magnateS, in
Guiding Herman Crow. manager of the
white Sox. who were in the court
room to witness the proceedings. hard
/" expresses the way in which they
took the sentence.
When the breaths had been recover
ed heads were punched together and
way to keep Goes from having to go
to Jail and begin the serving of his
sentence Immediately was found. The
services of Otis Hungate, attorney
were called in. There was a further
proceeding in the case in court.
Through Mr.. Hungate, Goes withdrew
his plea of guilty. which he had made
to the charge of assault and battery
against him and on which plea he had
been sentenced. On the withdrawal of
his plea Judge Simon revoked the SEN
tence he had imposed.
Goes then pleaded not guilty to the
charge against him. A formal and
brief trial followed which resulted in
Judge Simon finding him guilty. The
judge imposed the same sentence of
thirty days Imprisonment. From this
conviction and sentence Goes took an
appeal Immediately to the district
court. Judge Simon fixed his appeal
bond at $500. Herman Crow went on
the bond and Goes was a free man
again and will be until the appeal can
be heard in the district court. which
IL
There was a big crowd of baseball
fans, players and other interested
spectators in the court room this
morning to watch the disposition of
the Goes case The charge against
him was that of assault and battery.
Goes told the court that he was guilty
of the assault all right but not of the
battery" part of it.
Judge Simon then explained that
the assault and battery was the
had committed. He read the COM
plant to him and Goes entered a for
NAL plea of guilty
Statements were then made by w.
1. Jamison, an assistant county attor-
new and r. Winfield Eaton. chief of
police. to the effect that the assault
committed on Umpire Guthrie was
without provocation and of a vicious
character.
1t was then Judge Simon's turn at
the bat and he certainly made a home
run with the great majority of the
base ball fans in the city and the other
Topekans who stand for decency,
whether 1t be on the street of the city
or at the ball park.
"Rowdyism on ball fields within
the jurisdiction of this court will not
be permitted" said Judge Simon. "It
does not make any difference whether
this rowdyism is committed by men,
bers of the home, visiting teams.
This court will not tolerate any viola |
tons of law and order. it makes no
difference whether they occur at
ball park or any other place within
its jurisdiction.
at is discretionary with the court
to impose fine or a sentence of i'm |
prlsonment in this case. But a fine |
would not be melting out justice in this
case. 1t is the general understanding |
that fines imposed by courts in similar
cases to these are paid by the clubs |
to which the offending players be- |
long. This is something of an IMPOSE |
ton on the clubs who are not Offend |
ers in any way. So the sentence Of
the court is that the defendant be con-
fined in Jail for period of thirty days |
Similar sentences. possibly more |
severe ones, will be administered by |
this court to ball players or any other
who are guilty of such |
CURED in this case"
Goes was stunned. or appeared to be. |
by the sentence He mumb1ed some /
words to the effect that he had not been |
given square deal. He had been led |
to believe that he would get off with a |
fine If he pleaded guilty. so he said. But |
happily, the courts of Topeka, make no t
dickers with criminals and they get /
what the judges think are their just |
deserts.
Herman Crow seemed wrought up to |
quite a degree over the punishment in |
hicted on Goes. He expressed the opin- |
ion that if Goes had to go to Jail the |
White Sox would be mobbed by the |
citizens on their next trip TO |
that city. why we would be lucky to |
get back with our lives and bats" he |
said
After Goes. Grow and the other ball |
players who happened to be around, got !
over their surprise. they enlisted the |
of Mr.. Hungate, and the pro- |
already described. to keep Goes |
from starting in to serve his sentence |
at once. were instituted
1t did not take long for the news of |
Goes sentence to Jail to get around the |
city, and not a man was heard to say |
other than that the sentence was de- |
served There were words of praise for |
were expressed that his action will go |
further than anything which has been !
done to curb the ferocious tendencies |
of rowdy ball players. of whom there |
are not a few in the Western Associa-
ton. It is safe to gamble that they will |
at least be half way decent while they |
are playing in Topeka
Loot IN