The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-17
STRANGE POSITION.
Judge Huron VIII Try Case In Which
He Was Prosecutor.

II, b. Hallowell will be ON trial be-
fore Judge Huron. in police court again
this afternoon, Mayor Cofran having
refused to appoint a Judge pro tenn to
try the case, Notwithstanding the init
nation made in communication to
the mayor that the Judge was instru-
mental in bringing the present case
about-that he would be sitting as
Judge on a case he himself assisted in
bringing to prosecution.
The Huron-Hallowell affair took
new turn when T. D. Humphreys. at
torney for Hallowell. filed an affidavit
dice and bias IN the part of the Judge,
as grounds for the appointing of Il
judge pro tenn to hear the case against
Hallowell on charges Of disorderly con-
duct.
The charfe that he has been riotous
and disorderly, while temporarily at
freedom as the result Of habeas CORPUS
proceedings. has been made against H.
b. Hallowell, the aged man convicted
before Judge George A. Huron. some
time ago on a charge Of liquor selling.
and given a penalty the severity Of
discussion. The trial on the last
charge, that Of disorderly conduct. has
been set by Judge Huron for $3.50
O'Clock. this afternoon. In the
meantime Hallowell is at liberty on his
own recognizance.
Application was also made to the
mayor and city commission asking that
q judge pro tenn be appointed, and
setting forth the reasons, and citing
authority for such action. The COM
munication also intimates that the last
charge against Hallowell was trumped
up by Judge Huron. This petition was
handed Mayor Cofran. 1t is as follows:
TO the Hon. r. L. Cofran, Mayor If
the City OF Topeka, Shawnee Coun-
ty, Kansas:
mis- attorney, T. d. Humphreys. and re-
specially represents to the mayor of
the city of Topeka that on or about the
sixth day of November the Hon. Geo.
A. Huron. police judge Of the city of
Topeka, sent one Mae Burnett or Ma
bel Barrett to James w. Clark, assist
ant city attorney, at the same time
telephoning the said assistant attorney
that he was sending over to his office
lady to swear to a complaint charg-
ing the said H. B. Hallowell with being
guilty Of riotous and disorderly con-
duct, and at the same time requesting
the said assistant city attorney to is
sue said complaint. That the said
complaint was issued by said James
w. Clark. nd the cause wou4u be or
dinarily triable before the said Geo. A.
Huron as police judge aforesaid. That
and incompetent to try the said case
on account Of the bias and prejudice
existing in the mind of the said police
Judge against the said defendant H. B.
Hallowell, that the said bias and pre-
judice exists in the mind of the said
police Judge against the said defenda nj
to such an extent as to have become a
public scandal in the city Of Topeka
That the said H. B. Hallowell has filed
in the police court an affidavit alleg-
ing the bias and prejudice Of the said
Geo. A. Huron, a copy of which is here
to attached marked Exhibit A and
made part Of this petition. That pur.
suant to section. ia Of the revised or.
dinances Of the city Of Topeka, 1905
the mayor Of the said city has thu
power in the event of the disability d
the police Judge to appoint a justice D
the peace Of the township or the judg,
Of the city court to act as judge. and
whereas the supreme court OF thu
state Of Kansas In a decision recently
handed down. but not yet reported
the case Of The City of Topeka, appel
lee, VS.. William Briggs, Appellant. No
1889, held that The process and pro
ceedings in a police court in cities Of thu
first class are governed by the Law
regulating proceedings in justice cOur
in criminal cases.
"Your petitioner respectfully request
that pursuant to the power in you vest