The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1859-09-24
The Courts.
M4DIsON CorNTY.

De u. D. OtSlflcbs court, TOT Mau1SOn
county, held its September term last week
at EImendaro; Judge Elmore presiding.
The number of cases on the civil docket
did not exceed half Dozen. and were all
disposed of without a trial. The criminal
docket was. more important. There was
ore Indictment for murder, and three for
horse stealing in order for trial. The MUIR
der case was that of Robert F. sMahafey.
for killing Samuel Robinson. in February,
1853, the main facts of which have been
Heretofore spread before our readers. Il
was clearly case of justifable homicide,
the killing having been done in self defence.
hut the trial nevertheless excited consid-
cradle degree of interest, and the Court
room was crowded with spectators from
first to last. In the absence of George II.
Lille, Esq, the Prosecuting Attorney for
Madison, his place was supplied by J. H
Watson, Esq. OF this place The defence
was entrusted to Gen. Lane. and was man
aged with considerable skill and address.
The jury after an absence of about half an
hour, returned a verdict of not gully
The whole trial occupied the Court one day
and half. OF the three indictments Tor
horse stealing. one was quashed for inform
atty, and the other two were continued to
the next March term, for the reason that
his Honor Judge Eimore, being the owner
of the horses alleged TO have been stolen,
and the principal witness for the prosecu
ton declined to sit. The most important
action upon the civil docket was that of
Norva FL. Kelley, vs.. Allen D. Graham
and others. This was an action brought
to recover TIE trihng sum of $1,000. for
false imprisonment. The facts are briefly
these: About the first of September, 1853,
Kelley, the Plaintiff. was arrested by E. B.
Kirkendall, Sheriff of Madison county, on
a warrant issued by A. D. Graham. Pro-
bate Judge, for an assault upon VIM. H.
MAY berry, with intent to kill. The com
plant and warrant were in due form of law,
and the proof ample, that Kelley fred his
revolver twice at Mayberry, without hitting
him. Kelley was bound over to appear at
the District Court, at the September term,
1853, which happened to set the next day
after the examination. He appeared accor-
dinghy before Judge Williams, retained a
son of Judge Williams, and another Fort
Scott lawyer, as counsel, and was discharg-
ed from custody on a writ of ho6eos corpus,
having been held under arrest about three
days in all. He now, sues the Magistrate
who issued the warrant and the officers who
served it, for damages suffered by him in
consequence of the arrest. and consecutive
Imprisonment, and claims $1,000 per day
to make him whole.
We do not profess to know anything
about law, but if Judges and Sheriffs must
run the risk of being sued fer damages for
acting in obedience to the published laws of
the Territory. simply because afterwards
these Statutes are declared to be contrary
to the Organic Act. and therefore void, we
do not envy them their places. They can
never know achen they are safe The case
was transferred to this county, and will
probably come up for trial here next March
term. The Grand Jury. after being in ses-
sion about one day, We're discharged with
out finding single bill of Indictment. We
congratulate our Madison county neighbors
that peace reigns throughout their borders.
BRECKENRIDGE COUNTY.
The fall term of the District Court for
this county was held this week M A
mericus. "A short horse is soon Gu,