The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-27
WITHIN The LAW
Judge Hugh Fisher Defends
His Parol Seystem.
Says Release of Charles Estes
AccOrds With Evidence.


ex-convict and alleged all round bad
man who was recently paroled in the
court of Topeka following arraign-
ment on a charge of shooting up the
home of his sister in North Topeka,
was decided according to law and evil
dence in the case, is the contention of
Judge Hugh Fisher of the court of
Topeka in answer to criticism made
against his parole system by county
and city peace officers.
II will answer the explosion brought
about by Hugh Larimer in the sher-
ifs office said Judge Fisher.
I'm the first place, Charles Estes,
ST., was arrested and put in Jail and
after being in jail several days and
unable to give bond. the county attor-
ney's force notified the court that
Charles Estes. Sr.. was not at the
scene and was in no way liable and
the court let him sign his own bond
so that he would not have to stay in
Jail on a trumped up charge. When
the case was called for trial it was
dismissed as to Charles Estes. Sr-,
who had served some time at the
county's expense because he was a
poor man and could NOT give bond
Review of the Case.
That the release of Charles Estes,
Jr., should start a storm of abuse on
me is a surprise When the case was
called for trial, Rad Lee, representing
the county attorneys force, and w.
I. Jamison representing the defend
ant, appeared before the court and
Mr.. Lee stated that the man who
swore to the complaint did not know
anything about the facts except what
his wife had told him. He also stated
that he would not tell the same story
/ on the witness stand and that the
states witnesses We're not in Sympa-
thy with the prosecution and their tes-
timony would be as weak as they
could make it. He suggested that to
proceed with the case would simply
be taking the time of the court and
wasting the county's money and sug-
gested that the county attorneys force
was willing to amend the complaint
and make it read assault and battery
and that the court give him a minor
sentence and parole him subject to
the payment of costs. He asked leave
to amend The complaint, which the
court granted.
Mr. Jamison then offered a plea
of guilty for the defendant and asked
the court to give him a short sentence
and uarole him in keeping with the
suggestion of the county Attorney
force.
Sentence of Six Months.
81 gave the defendant six months
in the county Jail and paroled him
subject to the payment of the costs
and the observance of all laws. He
has that sentence hanging over him
and if he annoys the police or the
sheriffs force by any violation, they
can turn him in and if there is any
ground for his arrest he will be put
in Jail to serve his time.
mo one from the sheriffs force was
present and 1 supposed the recon-
mendation of the county attorneys
| force would be satisfactory to the
sheriff Even if it had not been and
| was satisfied it was for the best in
terests of the man and the public, he
would have been paroled.
There is considerable truth in the
statement of Mr.. Larimer that he has
not been satisfied with the court s
system of parole. When l was first
elected l suppose some of the sheriff s
force thought they were doing the
court a kindness to come in and tell
the court the history of each man and
that he was bad man and was guilty
before the evidence was heard. but
that system did not prevail long. l
am also willing to admit that if the
public expected me to carry out the
wishes of some of the sheriff's force
/ or the police department in handling
criminal cases. they made a mistake
/ in electing me to the office l took my
oath that l would decide cases ac-
cording to the law and the evidence
4 and I intend to observe that oath to
! the very best of my ability as long as
1 am judge of the court of Topeka
IF the prosecution expects the court
/ to bind men over or convict them they
must produce the evidence. l am will
ing to leave the question Of my parole
system to the public
1