The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-18
FACES PENITENTIARY.
Jack Humanson Does on Charge Being
Persistent Jointist.

Jack Humanson was placed on trial in
the court of Topeka today on charge of
being persistent violator of the prohibit
tory law. And if the case goes against
him eventually he will have to serve a
term in the states penitentiary-
HGmanSon was convicted in the district
court in April two three counts for
violating the prohibitory law by selling
liquor at his place at go Monroe street.
He was given the usual sentence of fines
and Imprisonment this conviction and
Immediately filed a notice of appeal to
the supreme court, which acted as stay
of execution.
Then, according to the county officials,
he went straight home and began selling
booze again. And SO some more evidence
was collected against him and he was ar
rested again, but instead of an ordinary
charge being brought against him, he was
formally accused of being persistent vio-
lator of the prohibitory law.
Three witnesses. c. ]. Stearms. plumb
er; Isaac Crouch. carpenter, and W. d.
Thompson, a real estate man. were placed
on the stand by Mr.. Atchison. and testi-
fled that they had purchased liquor from
Humanson at various times since his con-
viction in April for violating the prohibit
tory law This wasn't spotter evidence,
either These witnesses were rounded up
by officers who watched the place and
obtained the names of the people who
went into it. County Attorney Atchison
then subpoenaed them for an inquisition
and got the three named to admit re-
luctantly that they had purchased the
liquor as they testified in court
No defense was offered by Humansons
attorneys, Jamison and HUMPHREYS. They
rested their case on a technicality They
insisted that the prosecution of Human
son on charge of being a persistent vio
lator of the prohibitory law was pre-
mature, inaSmuch he had an appeal
from his first conviction pending.
But County Attorney AtchiSon insisted
that the procedure was proper one be-
cause Humanson had been duly convict
ed of violating the prohibitory law, and
that he had proceeded Immediately to vio-
late it again.
had been presented, Judge Carver took
the case under advisement to reach a de-
cision on the legal question involved
which was advanced by Humanson'S at
torneys-
County Attorney Atchison believes that
this new method of procedure he has in
stituted in the Humanson case is the
only one that will effectively put a quietus
on the operations of the professional joint
lists and bootleggers. They are convicted
of violat ting the prohibitory law. They file
a notice of appeal and get out on bond,
and then they go right back to the
trade of peddling booze. 1t is contended
by Mr.. AtchiSon that most OF these
notices of appeal are of a fake variety,
as there is actually no intention of COM
pleting them. And under the c1rcum-
stances they work out in effect as
merely being the means of permitting
iointists to go back to liquor selling i'm
mediateIy after they have been convicted
of doing so. He thinks that II he can
win a victory in this procedure against
Humanson he will establish precedent
TO carry on successful war against the
nersistent iointists of Topeka They are
not MANY But they're an expensive nuis-