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

they were conspiring together. TIT
circumstance of the defendant coming
to Wichita in the fall Of the year Il
paint signs. out Of which the count,
attorney made so much, was q pcfectl,
natural transaction. Their business
was carried on in u little l2x9 bach
room, up stairs, and I can't see any.
thing surprising in the fact that Nc.
Mutt let Winner have an equal interest
for the small sum of $i25. No con
spiracy yet. l come now to the Gath
Of December. The assertion Of VIM
ner that they had secured $500 that
day was not heard by McNutt. and he
knows nothing Of the lattcr's talk
Winner had seen Nc put the package
in the safe and had guessed at its con.
tents. No conspiracy vet. When
Scott says to Nc, in giving up the
package. "you must have money in
there ~ and when Nc tore the envel-
ope aud showed him that he had three
or four bills in it. and when Vim CT
said he must have some Christmas
money and McNutt told him il was his
private property and he couldn't have
any of it, was there any conspiracy in
these facts? Look q; the diagram OF
Browns drug store and the improba-
bility and impossibility of Brown tell
ing who was standing on the side walk.
And these are the only times that the
evidence shows the defendants to have
been together aud is there ANYTHING 10
show, in all this. a conspiracy? sub
nit Brown did not know, nor could
not determine who stood there, aud
his evidence is wholly unreliable.
Even if Winner had been there it would
have shown conspiracy TO no alarming
extent. Now this is their evidence and
all of il which in ANY way tends 10
show and conspiracy it shows moth
ing of the kind. 1T won't wash"
As to Mrs. McNutt's part in the con-
spiracy there is not 1.-THE of testimo-
ny showing it. She was a necessary
party, yet all that the evidence does
show is that she wanted to he the wife
rather than the mistress, and this is
the circumstance on which the county
attorney relies-well, don't know
whether.he relies upon it or not. As
to the statement of j. Edwin Martin
no reliance can be put in such tcstimo-
ny as that. There might be thous-
and explanations of such circum-
stances. II is only equailed BY the tcs-
timony of father Hewitt and his story
of selling hat. His old hat was worn
out and he goes and buys new one
terrible suspicious circumstance I!
I come down little further. The
county attorney thinks there was
something wrong in the buying Of the
laudanum. He asked the druggist for
quantity of which was determined by
the druggist himself. Now as TO
Brown, the man who could identify
a man in the dark with his back so
him. Mack, when he called for the
whisky, said he didn't want a cheap
article. The county attorney wants
you to suppose that the whisky and
laudaDum was bought to drug some
body, when there is nota particle of
evidence going to show any such u
thing; aud you are sworn to try this
case upon the evidence and not upon
any suggestions. 1t is i'm proof that
McNutt had been drinking once or
twice week. but that he was very
moral and quiet Young man. l can't
infer, for moment, gentlemen, that
you can find any conspiracy in all this,
but if you should find completely it
can't be to defraud the Metropoli-
tan Insurance Company. The most
that could be urged against McNutt
was that he had lived with this young
woman! But he made the only honor
able reparation he could by making
her his wife. lie is shown to have been
gentlemanly and industrious Young
man before he came here. Did he all
at once turn to terrible demon
There is nothing showing conspira-
cy. Then Mack went away, changed
his clothes, colored his hair and got
away from the world. lie stated that
for weeks he had not received any let
tiers from his wife; he became suspi-
cious; afraid that something was
wrong saw that Arthur was acting
queer, and afraid that the monte-men
were putting up Job on him and he
commenced to get suspicious of every
body and everything. Arthur went
to Kansas City, not McNutt; Arthur
done the telegraphing, not McNuit:
Arthur brought Sewer here and not
McNutt. Take the dcmeanor of Nc
Mutt on the witness stand, kept there
for full day, aud mark how straight
and truthful apparently was his state
ment Of all he did after he left here in
December.
Gentlemen, | shall not pretend to
make light what appears dark in this
Ease. There may have been or may
not have been dark crime committed
OIL that night. But ] want You to re-
that upon your verdict hangs
the life of a fellow being. Take the
testimony and nothing but the testimo-
ny. and make up your verdict aud YOU
will sleep well under it hereafter, re-
that the law saws that il
we're better that 80 guilty persons es-
ape than that one innocent party
should suffer wrongfully."
The judge occupied about one aud
lalf hours.
Mr.. Stanley closed upon the part Of
he defense, by saving that not often |
iocs it occur tina. case of such won |
icrfui moment and responsibility rests |
Ipon an attorney, especially upon one |
20 Young as myself. Yet how much |
greater is the responsibility which Won.
inder your solemn oaths, are resting.
Briefly will try TO present the case
IS understood BY me. There are two |
ssues or points in the case that are en-
irely surrounded by doubt and enycl-
ped in darkness. That there was |
yer such q man rs Sewer murdered /
ere in this place is all presumption |
The state has failed 10 prove that the
'ody found there on that morning was
he body of Sewer. The jury cannot
onclude and say that Sewer must
ave been there. You must find out
rom proof direct, or circumstantial.
eyond reasonable doubt and to your
ntirc satisfaction, The human mind
strangely constituted, and the mere
eport of dark crime like murder
rouses o thousand suspicious. II
oats in the air ready to fasten upon
he first man pointed at. The very
lct that man is charged with such q
rhine prejudices mankind against him.
nd warn you TO stand up like men
nd brace yourselves against this pref
dice and runor. Strike out all vim
ictive feeling and try this Young
ian upon the evidence only. and do
Of fear the result in the least. find
lis '.medicine man." this Doc Ow- !
%. the coroner and his jury, jumping
a conclusion. instead Of making
,ientific and proper examination and
nding the facts and reporting prop
-Iy the same. The very evidence pro-
Iced By the state to prove the gnilt 4
this unfortunate yonng man is the I
:st evidence of McSutt's innocence. ;
nd u IL not just a. probable that the I
,dv found there in those snoulderiug !
iins came to it, death BIZ poison a.
: burning The fre-link in their !
.etended chain Of circumstances il O
c deposit of the money in this enyei- a
&c BIZ MeSuti, with Fielding Scott. q
ha, was there strange sbou; this q
ansaction Scott says IL j. an ever j
Is business affair There j. not q 6
lgle act or word 81 MeSntt.. from d