The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-10-18
THE HAHOWELL CASE.

old has begun the service in the city
| iail of the third month of his sentence
| Of four and a. $500 fine for the sale OF
i a half-pint of whisky. He is In sucn
/ poor health that he is receiving almost
| daily attention from physician ana
yet, Judge Huron, of the police court
| who imposed this excessive sentence
| in comparison with the usual sem
| fences melted out for such an of1ense'
| remains adamant in his position that
this is not a case in which anything
| that savors of mercy should be shown.
| Nor must 1t be forgotten that if Judge
Huron continues in this frame OF
mind. HaIlowell will be held in Jail
for almost two years as he is not in a
position to pay the fine that has been
assessed against him.
So far as is known, Judge Huron's
position in the premises merely has
the endorsement of the committee or
women representing the Good Cover n
ment club who appeared at the hear
ing relative to the parole OF this aged
prisoner and protested against 1t on
the general principle that it was
bad public policy to show leniency to
yiolators of the prohibitory law; that
If the majesty of the law We're to be
preserved such offenders must De
made to serve in full the sentences
imposed upon them. And it is an I'M
usual and most peculiar coincidence
that one of the very women, who thus
spoke against the parole of Halloween,
had, not so long before, made a per-
sonal appeal to Judge Huron for the
parole of a most notorious violator OF
the prohibitory law. This parole was
granted by Judge Huron SO the
principles involved in such case ap-
pear to be of an exceedingly elastic
variety.
II is also an important fact that
preliminary to this hearing on the
Hallowen parole a petition favoring it
was presented to Judge Huron. But
it was apparently entirely ignored by
him as he did not read it at the hear
ing and thus make it a part of the
record of the case. This petition was
signed by some ninety of the citizens
of Topeka, responsible and reputable
men, including about thirty members
of Lincoln Post, G. A. r., of which the
prisoner as well as his judge are
mem bers. And since that hearing
other estimable women in Topeka, in
Guiding a number of those who are af-
filiated with the sister order of Lin
coin Post, have petitioned Judge HUI
ron in Hallowell's behalf. Therefore,
as far as outside effort is concerned,
the preponderance of the sentiment
that has been expressed to Judge
Huron is favorable to the parole. All
of il, however, with the exception Of
that presented by the women opposed
to the parole. appears to have received
scant attention from the judge.
In a lengthy letter to the State
journal, Judge Huron attempts to
maintain the Righteousness of his posi-
ton by stating that in considering the
parole of a prisoner, his general char
acter and all around worthiness or
worthlessness should be taken into ac-
count. Judge Huron then proceeds to
present a lot of matter entirely ex-
traneous to the case by which he
endeavors to show that HallowelPs
general character is not what it should
be. The judge even goes to the ex-
IRENE of making the direct charge
that Hallowell is guilty of a far graver
crime than violating the prohibitory
law. And one might conclude from
the letter that Judge Huron possibly
considered all of these matters when
he imposed the heavy sentence on
Hallowelrs conviction of the sale of a
half-pint of whisky.
But it is certainly unusual in the
realms of Jurisprudence for a person to
be excessively punished for a particular
crime and held in durance much longer
than other like offenders are, on ac-
count of other crimes of which he may
be guilty. The basic principle of the |
administration of justice is that pun
should be made to fit the crime |
iaH iS iad tcI
guilty of other crimes than violating
the prohibitory law he should be pub |
licly charged with them in a court and |
be given the chance that belongs to ev- |
cry one of defending himself and an
swering his accusers face to face. To |
insist that he should be punished with |
unusual severity for one offense because |
he may be guilty of another doesn't |
smack of justice as it is understood |
by ordinary individuals, nor as it is |
generally administered in the courts.
Regardless of what HallowelIs char |
acter may be, regardless of any other |
crime he may have committed, the |
fact is that he was merely convicted |
in the police court on a sale count /
and a nuisance" count for the barter |
of a half-pint of whisky. 1t is also true |
that the evidence which he was |
convicted was obtained in a rather I'M
and questionable manner, |
although everything seems to be fair |
in not only love and war but also IN |
the pursuit of violators of the prohibi- |
tory law. He is not a persistent |
of the prohibitory law in the I
eyes of the law, just because his home |
was raided on a couple of previous oc-
casions by the police in a hunt for Ii |
quor, but without success. This is the |
first and only offense of violating the |
law that has been charged and proven |