The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-07-02


lous and foolish. The diagram Of the
building shows beyond . doubt that
defendant could have plainly seen
Fletcher aud Yates standing at the bot
tom of the stairs by the light Of his
own lamp. And when defendant tells
you that he saw these men with Ar
thur that day believe he told the sol-
emu truth. These were the circum-
stances that aroused suspicious in the
defendants mind and caused him to
fee the country for his life Then his
knowledge Of the interest that Arthur
took in persuadiug him TO take out an
insurance on his life occurring to his
mind. confirmed his suspicious that
foul play was on the tapis. The fact
of his wife not writing. and Arthur
failing to do what he had agreed as to
the partnership. all tended to increase
his fears and suspicious. The fact Of
the money having been put in the safe
and the after fact Of its being taken
out again is satisfactorily explained by
defendant himself. But defendant
takes Arthur's queer and suspicious
actions. The failure of his wife to writ c
| into consideration. after which he sees
the two gamblers talking to Arthur,
and he is almost persuaded that some
job is being put up upon him. but
when his partner comes up there with
this man Sewer HON he has no idea
Of seeing. his mind is made up TO get
out Of the road and to where there was
safety. But will read you the letter
written BY Barnes to Lahead. defend
ants assumed name. which shows con-
clusively the innocence OF defendant
il the theory of the prosecution be
true. The very fact of his writing
shows his honesty, for he could have
kept secrcted. There was no necessi-
" for making his whereabouts known
if he was guilty. Take that letter. In
il he saws he wants to bring these fell
lows to justice. lie, il guilty. would
have been fool TO write such letter.
| submit that his whole story is but
confirmed by this letter. Then. l sub
nit that all these frivolous circum-
stances upon which the state relies. il
there had been no crime committed,
amount to nothing, much less show
any wrong intention upon the part of
defendant.
Gentlemen, as said before, YOU have
q mighty trust in your hands. Guard
well your actions and conclusions.
There is one more circumstance aliud-
ell to. the course Mac took to get
away from here. II he had been gull
ty he would have gotten as far away
as possible instead of stopping In Mis-
souri,. He thought job was being
put up on him, and he stopped near
enough To find out what was really be-
ing done by these men whom he though
was plotting TO take his life. II the
theory of the state is correct he done
most absurd thing in letting himself
be known, while his course Is entirely
consistent with his story.
Gentlemen of the jury, you have
resting upon you responsibility such
as you have never assumed before and
one that is awful to contemplate. In
your hands rests the life of young
man who stood high before. am not
here to beg mercy, but to demand our
right under the law. want no SYM
patty. come to you for our legal
rights. and if you find him guilty Of
this awful crime would not have you
render verdict Of not guilty. You
are holding the trembling scales into
which have been thrown upon the one
aide the widest prejudices against the
life of this Young man. coniure YOU
to hold the balances as YOU would de-
sire them held upon the final great day
when your own eases come up for adj
indication. II you never PRAYED in
your lives you should when YOU go to
your jury room raise your hearts to
God and ask wisdom to guide YOU
Alright. II was impossible for this un-
fortunate young man to commit this
crime, for the train took him away
from this town hours before il occur
red. Remember your oaths. You are
mere as emissaries of the state to assist
the county attorney by rendering
formal verdict. The interval between
this time and when you shall make M
your verdict is short. but it will be a
long interval between that time and
the time when you go down to the
grave to reflect upon your decision, il
il should turn Out that defendant knew
nothing Of the awful crime, aud that
he died an innocent man at your hands.
The state failed to prove him guilty,
aud you SO bring in your verdict we
shall believe you done y0ur full and
solemn duty before. God and the world,
and to this unfortunate Young man
and being that sits there before
YOU, with his wife in tears. May heav-
en- aud Him who regards the sparrow
in its fall guide aud direct you in the
most awful aud momentous duty that
dcvolvcs upon you in this solemn hour.
Mr.. STANLEY closed in earnest and
appeal, having spoken one
hour and half.
Mr.. Sluss arose to close by saving he
hardly knew whether it was necessary
for him TO talk anymore or not. Two
weeks of court had nearly worn him |
out. | had expected that the defense |
would urge some theory different from |
the one had pre- sentcd-expccied that |
they would attempt tn show You the |
inconsistency of the circumstances up |
Oh which the state had relied, an alb !
scnce of proof necessary to convie- |
lion Of the case-had reasonably ex-
pected this. but ii was NOT made. This |
| did not dwell upon their |
aud the inconsistency Of /
hem, prefcrring TO give the defense
he benefit of any doubt that mi.iit
lrise. None Of the facts stated nv wit !
lesscs were denied. They told you
hat one or two OF the witnesses were
mistaken. As To Brown, let Us see
" whether he was mistaken or not
Brown said that defendant asked for
he cheapest whisky. while defendant
aid that he said II don't want your
,heapest whisky" The natural cs-
PRESTON would have been, II want
TOur best whisky" or II want voar
.heapest whisky" As 10 Martin aud
lis testimony, IL was correct. He had
seen light in the back room,
tut on that night he had seen one In
he front room. His testimony was
rue, and II can be relied upon that a
light was IN that room nj q late time
4 night. said, when closed my
'penin2. there could be no doubt a. 90
he guilt Of the charge. The envelopes.
cBt receipts, coat aud other things
ound upon the alley the next morning
bowed regular plot fixed up. An.
ther fact that led us to believe that
sc had sufficiently made on; a case
sas the putting 81 this man upon the
fitness siand TO tell Us hi. wonderful ,
sd remarkable story, showed that !
heir case was desperate, and tbry set
i'm mp TO testify TO certain things. ,
lat his testimony was 10 clear MP, not ,
, deny They knew he would not be ,
eiieyed IL he made wholesale denials. ,
ad il was necessary To make eIplapa-
on.. They studiously eyaded hay /
" him explain the why's and where ,
res Of many ihiugs that. could he d
ave explained, would helped his ease, !
Ut snch explanations they reserved .
~ themselves; 80 with the purrhase 3
the hat, the getting Ct the laudanuu, =
ID 40 forth And the letter, he did 4
surprise 10 the other side that this >
tier wa. produced. and that witness
from other states we're here. no ,
,ub; The letter that be writes 10