The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-19

May Burnett Changes Front In
HalloweIl Case.
Now Says Old Man Not Guilty
Of Charges.

veteran of the civil war, is q victim of
persecution at the hands OF the police
power of Topeka Mrs. Burnett Is the
complaining witness in the present
case that is pending against Hall0well
in the police court. Or at least she
was. For she now declares that she
signed the complaint under a m1sap-
prehension, that she was urged to
make 1t in the first place at the sug-
gestion Of one OF the city's police
women. and that she has repeatedly
asked the poWers-that-be to dismiss
the case as she refuses to appear as
a witness against the old man, now
that she knows the purport of the
proceedings. She insists that the
police Judge, the mayor and the city
attorney declare that the case cannot
be dismissed, regardless of her state
ment that she cannot testify to any
thing that win support the charge
against Mr.. Hallowell.
This case was to have been heard
before Judge Huron in the police
court yesterday afternoon. But the
hearing was postponed for a couple
Of weeks because there was some ir-
regularity In issuance of subpoenas
for Hallowelrs witnesses. 1t is the
case in which Mayor Cofran refused
to appoint police judge pro tenn to
try it on the application of Hallowell.
made through his attorney, T. D.
HUMPHREYS, who urged that Judge
Huron was prejudiced and biased
against him, and therefore should not
be permitted to sit again in judgment
on him.
It developed a few days before the
hearing in the district court on Hal
lowelPS habeas corpus suit whereby
he seeks release from further punish
ment under the apparently excessive
sentence that was imposed on him by
sale of a half-pint Of whisky. This
sentence aggregated 100 days in. Jail
and fine of $500, and Judge Huron
refused a parole after HalloWell had
been in Jail for so days. His second
experience in the police court charged
him with disorderly conduct with q
woman named Trip. and the charge
was made on the complaint Of May
Burnett There wasn't much hurry
on the part of the police in serving
the warrant in this case against Hal
lowell. Several days elapsed between
the date Of its execution and his ar
rest, and then when he was arrested
he was admitted to bail on his own
recognizance.
Under these circumstances. it seems
reasonable to suggest that this second
case, which appears to have been
trumped up against the old man, If
May Burnett is now telling the whole
truth, would have been an easy vehicle
to carry Hallowel. back to Jail again If
there had been speedy decision in his
favor in the habeas corpus proceeding
in the district court. This latter case,
though, is also pending.
May Burnett characterizes her state
ment as voluntary and also as q re-
quest to withdraw the prosecution in
the case, the City Of Topeka, plaintiff.
VS.. H. B. Hallowell, defendant It
follows: O.
The Burnett Statement.
ct. Mabel Burnett, the prosecuting
witness, who sWOre to the complaint
in the above entitled cause in the Po-
lice Court, desire to make this state
ment and to request that the cause be
dismissed.
First. At the time that swore to
the complaint In the above entitled
cause, did not realize that I was
swearing to q complaint charging H.
B. Hallowell with conducting himself
in a riotous and disorderly manner in
public" Such q charge I could not
have sworn to. On the occasion that
the same complaint was made out.
one Elizabeth Barr, a policewoman.
came to my rooms in the Crawford
Flats on the third floor of the num-
Der where Sam HalloWell, the son of
the defendant, has his place OF busi-
ness and where the defendant stays.
That the said Elizabeth Barr took
this complainant to the Office of the
City Attorney and was the spokesman
plainant at no time saw II. B. Halo
we'll Conducting himself in a riotous
and disorderly manner in public"
The assistant city attorney made out
a complaint and handed the same to
the said Elizabeth Barr. That Eliza
beth Barr and myself started to tho
police station, and between the city
building and the police station Eliza
beth Barr handed me the complaint
She went into Law1ess' livery barn. to
speak to some one after which she
took me down to the police station.
We went upstairs to Judge Huron's
office. that Judge Huron appeared
to be expecting US, and Elizabeth
Barr told the judge that had come
to swear to the complaint. The Judge
asked me to sign the same which I
did and asked me to raise my right
hand which did.
Merely Had Words.
myself and Mr.. Hallowell had had
q few words in the Crawford Flats
and considered that he had dis
turbed my peace, but in the converse
ton that was had between us, made
more noise than he did in talking.
That on the day before the complaint
was issued Miss Barr was at my
rooms several times and told me that
the mayor had sent her there and in
sisted that swear out complaint
against Mr.. Hallowen. That did
not go that day, but on the following
morning Elizabeth Barr came around
again about half past eight. went
away and returned again about one
hour later and took me to the police
Judge, who sent US over to the city
attorneys office, after which we went
Av~