The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-06-18
The District Court.

The District Court.
The District Court disposed of ell
tire civil docket last week, clearing of
all cases except such as were contin-
ued.
On Friday, the case Of the State VS.
a. Dib5ens, was takcnup The defend
ant was charged with perjury. II ap-
. pears that Dibbens had jumped claim
belonging to a man by the name Of
Williams; that he lad been waited
upon by several Of his neighbers in a
body who, informed him that jumping
claims was an unpopular thing, and
advising him TO relinquish his filings.
The visit was made after night. The
following day or two, Dibbens swears
out a warrant for the arrest Of certain
parties. The affidavit upon which the
warrant was Issued was charged by
the prosecuting witness to be false.
The persons whom he swore against
were Robt. Williams, Geo. Mason, and
ia. Rockcy. The trial was by jury, and
some forty witnesses were in attend
ance. Tucker & Sluss appeared for
the state, and Hewitt, Salisbury and
Brewer for the defense. The case las
ted between two and three days, and
resulted in verdict, late Saturday
night, of "not guilty.
Sluss opened the argument for the
state, and Thicker closed. Salisbury
opened for the defence, Judge Hewitt
closed. Salisbury took occasion to
criticize and ''go for Tucker in a
style that was rs caustic as hot iron,
and was answered by Tucker in way
that cut like a cimcter, all Of which
was enjoyed by the spectators and
court in quiet way.
We happened in and heard few Of
the remarks of Judge Hewitt in be-
half of the defense. AS 1t was the frs.
time that the Judge had delivered him
self before our court. we dotted down
a few of his points: lie said it was his
experience that jurors rs intelligent
men in TRYING a case like this, always
took in the surroundings. His desire
as councelor in this case was only to
mid the jury in arriving at correct
conclusion drawn from the evidence
and instructions of the court. Men do
not employ the same method of reas-
oming, aud the attorneys in summon
ing up the case were but aids. The
court has told you in order to find Ar
thur Dibbcn guilty, you must find
that he sworc maliciously and know
ingly false The main question for
TO decide is, "was the assembling Of
these parties in sufficient numbers as
to intimidatc or make an ordinary
man fear for his own safety. Some
twenty or thirty men meet after dark
for the purpose of visiting stranger
and foreigner to scare him eff his claim.
He was a stranger in the laws and Gus
toms of the country. submit if such
a gathering would not intimidatc any
man. 10 difference what the protcsta-
lions. Twenty or thirty men visiting
your home In the dark hours of the
night. all strangers to the defendant.
From the listining of Mrs. Dibbins,
the crowd arrived there at about Z
o'clock. Her husband was not at
home, would be in few minutes, but
seven of them started to meet the de-
PENDANT. When he arrived at home,
they kept him out Of the house an
hour or an hour and half, and not
until he would agree to sign over his
claim was he allowed to go into his
house. This was very cold night.
Was not this an unlawful assembly
Bv what law or authority does twenty
five men go to mans house, and make
threats and deter him from entering
his own home. He was frightened,
made to fear that his own life was in
jeopardy, and not desiring to take the
law into his own hands, he appealed
to the laws of the country for protec-
ton. In the making of that appeal he
is charged with crime, lie, to swearing
falsely, which may be punished by
confinement for seven years IN the
states prison. His wife tells you that
they wanted to string her husband
up: that she saw one man holding
rope or halter. And it is further in
evidence. that threat was made to
tear down the cabin. Why did the
child cry, if no threats were made !?
If this idea was friendly talk, why
did not two or three go aud tell him
quietly that he should surrender that
claim. No. After night they go forty
or fifty of them. What woman would
not be frightened under such circum-
stances? or man either p
At this point We was called out, and
failed to hear the Judges closing re-
marks which was said to have been
well timed and to the point.
On Monday morning, his honor,
Judge Campbell, set the trial Off Nj.
McNutt. the accomplic of Arthen
Whine for Wednesday morning. and
ordered the clerk to issue a special
venire for fifty jurymen, from the body
of the county, returnable at the latter
time.
The court after a hearing, granted
. temporary injunction forbidding
Messrs. Wheeler and Sclhlts from di-
verting the waters of the Little river
into Chisholm creek.
Our Future Sea Port.