The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-31
j. II. johnson and Golden Beck
er for Death of Boy.
Topeka Auto Dealers Must Face
Cause of Action.
RACING ON A BUSY STREET
Jesse Weaverling Victim of
Rival Cars SpeederS.
Maximum Sentence Is Two
Years in State Prison.

Warrants were issued from the
court OF Topeka today for J. R. John
son and Golden Becker, charging
them with being responsible for the
death of 12-year-old Jesse Weaver
ling. The formal charge is man
slaughter in the fourth degree.
Johnson and Becker are the two
men who We're driving the racing
automobiles when the little Weaver
ling boy was struck and fatally in
jured at sixth and Western avenues
at noon Monday.
The complaint was sworn to by L.
l. Kiene. sheriff. altho half a dozen
people offered to swear to it, Convie-
ton on the charge of manslaughter
carries with it punishment from a
minimum of six months in the county
Jail To two years at hard labor in the
state penitentiary There is no fine
connected with it and it is up to the
Judge passing sentehce to determine
y phether punishment shall consist of
q jail r penitentiary sentence.
The death of the Weaverling boy
and the question of legal action
against johnson ana Becker was prac-
ttcnuy the only topic of conversation
at the court house today The tele-
phone IN the office of the county at
torney rang almost constantly when it
was not in use
What are you going to do about
the killing of that WeaveThTg boy!'
was the most common question.
We re going to issue warrants
charging both men with manslaughter
and iry them on that charge, was
the reply of W. E Atchison until atteT
after the warrants had been issued
People Demand Action.
A dozen or more people visited
county offices demanding that some
action be taken. No accident that has
happened in Topeka in years has Gre
ated as much feeling as the one on
sixth avenue Monday
The two men will be arrested on
the warrants some time today and will
be arraigned in the court of Topeka;
The probabilities are that they Will
Ice placed under a heavy bond.
The docket at the police station
shows that the two men were arrested
Monday afternooa for careless driv-
ine" They were not in the city jail
hut the docket does not show they
We're released on bond Their near
f-i-- ia police court are set for TINS
afternoon but apparently they are not
under bond TO appear.
No Inquest Will be held over the
bodt Of Jesse Weaverling. o. E. Mar
cofte coroner. stated today that II was
the boy came to his death
There's no need of an inquest,
said W. +. Atchison, county attorney
..XVe will fix the preliminary of john
son and Becker as early as possible
and that will serve the purpose or an
inquest. Besides dozen or more
people saw the accident and know now
it happened, -.
Mr.. johnson deliberately ran down
the boy He simply took chances ana
the chances were fatal
Efforts were made to bring charge
for which the penalty is more severe
than that of manslaughter in the
fourth degree. But the nature of the
accident is such that that offense and
that alone covers it.
1T seems like there should be some
other statute covering it said Rob-
crt Carver. assistant county attorney,
but fourth decree manslaushter is all
We can make out of it."
Altho il is generally admitted by
witnesses that it was the Johnson car
that struck Jesse Weaverling there is
no difference in the charges against
the two men
Becker Was Lucky
The evidence shows that both
drivers We're racing" said Mr. Atch-
ison and the fact that Becker did
not hit 1im was merely due to luck.
To my mind he is just as guilty as
johnson. They We're both speeding"
All Of Topeka was touched by the
pathetic desth of the little schOolboy
and efforts were made today to ar
range for funeral such as no small
boy ever before had in this city-a
funeral engineered by the public
Hugh Fisher and Douglas Graham
called upon the father. George Weav-
erling. today to explain the matter to
him. He objected to it.
Jesse was my only child" he said
and 1 Wart to DO everything 1 can
for him personally. I am a poor man
and can i'll afford to do much but
want TO do IL myself. I appre ciate the
interest of you ard other people buc
] believe parents will understand how
feel I want 10 pay for his funeral
thru work ] do with my own hands"
Tho fCneral will lie held Thursday
1fternoon-the hour has not been set
from the home of J. H. McCiivern at
800 Western avenue. James McGivern
Is an uncle Of the dead boy.