The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-06-04
THEGREATTRIAL.
THE CHRISTMAS TRAGEDY.
The Winner & McNutt Trial for the
Murder of Sewer.


us on Thursday morning last, by the
names of the gentlemen composing the
special venire being called. Three
men did not answer and were fined ten
dollars each.
The Judge then informed the special
Jurors that if any had served upon a
Jury within year, or if they were not
citizens and voters Of the state, they
would be excused, or if any of them
had served in the rebel army and never
had their disabilities removed by the
legislature of the state of Kansas. Two
answered in the affirmative on the last
proposition and were excused.
The prisoners were brought in and
Judge Harris made a motion for con-
tinuancc of the ease, by affidavit, pend
ing which the iurymcn were ordered
to withdraw from the court room. The
affidavit for continuance set forth
that one Armstrong, a Texas cattle
man, would swear, that he sad seen w.
w. Sewer since the purported murder
alive and well in Texas, but that they
were unable TO &c: said Armstrong.
The Judge overrulcd the application,
and Mr.. Sluss announced his READINGS.
for trial.
Judge Ruggles, on behalf Of McNutt,
asked q severance of the ease which
was granted and the county attorney
elected Arthur Winner TO be tried
first.
The county attorney then gave notice
that he desired to amend his informa-
ton as to two names. The clerk then
put all the names of the jury in the box
and each man took his seat a his name
was called. The judge then announced
that the penalty for this crime was
death, asking if amy of the jurymen
thought the penalty too severe. Two
answered yes, and were excused; three
others said they had formed an opin-
ion. Upon filling up sile jury box again,
two more said they had formed an
opinion and were excused: again fill
ing up, one more had formed AN
opinion.
The county attorney then proceeded
to question each juror separately.
Seven of the jury had read no account
of the matter whstevcr. five of them
To- ,,a1 10 II n
per: one iuryman couldn't read at all.
The county attorney passed the jury
f.>-
$. NJ. Tucker then examined the Jury
upon the part of the defendant with
very severe tests and close questions
which resulted in several standing
aside" An attempt was made TO inn
peach the competency of one iuryman
by the name of Bishop, whose cxplana-
ton of Il certain conversation raised
the laugh at the courts expense. Nine
iurymen successfully passed the ordeal
when the court adjoincd for dinner.
At 2 O'Clock on Thursday the jury
WAS lull is uilittT tllulItHSeS IGG
cause" aud the attorneys commenced
TO make their pre-emptory challenges,
six being granted under the law To The
state and twelve 10 the defense. After
one upon each side had been thus chal-
lcnged. several were called in success
sion who said they thought hanging
too severe for any crime. At clock
the entire special venire of 80 jury
men and the regular PANEL Of p had
been exhausted, except two or three
who had been excused. with only eleven
jurymcn fixed and f;ve-prc-emptory
challenges remaining upon the part of
the defense and three upon the part of
the state.
The judge ordered the sheriff TO keep
the eleven together and ordered the
clerk TO issue another special venirc for
"a men from the body of the county.
returnabe Friday morning at ten
O'Clock.
AT 10 o'clock on Friday the special
venire of a new jdrymen answered 10
their names and the prc-emptory chal-
longing by the counsel. and the exam
ination into the qualifications of the
new jurymcn was proceeded with.
The prisoners paid very close attention
to all the proceedings. At half past
eleven the counsel for the defence hav-
ing exhausted their entire challenges.
and the attorney having waved or eX-
haus,ed his challenges the jury was
sworn TO try the cause.
The following are the names of the
jury and their residences, chosen out
OF Sc men, called 10 the box and exam
ined:
ii. Lane, PAYNE township.
W. III. Harding. Gypsum township.
ii. Eastman, Rockford township.
Chas. Setter, Attica township.
RIB. Dodge, Gypsum township.
5. Il. Gibson, Gypsum township.
j. G.. Brown. Waco township.
w. II. Crockcr. Union township.
j. NJ. Garnett, Union township.
ID. X. Allen, Grant township.
Harvey Washburn. Kechi township.
NJ. II. Bruce, Waco township.
All jurymeu having been summoned
aud not elected were discharged.
AT l-2 o'clock Friday afternoon the
sheriff calledfhe names ofthc witnesses
for the state. The crowd in the court
room was perccptably upon the in
crease with now and then Il lady drop
ing in. The counsel for the defense
asked that the witnesses upon the part
Of the state be kept under the rule, lie.
in some room outside of the hearing Of
the testimony. which caused consider
able delay.
The witnesses not appearing upon call
the judge ordered writ of attachment
served upon delinquents, some twenty
or thirty i'm number. Such rs were
present, some dozen, were sworn. At
this point Judge Campbell gave very
strict orders with reference to the tes-
timony and the witnesses, and not de-
string TO defeat the ends of justice or
enbarrass the cou;t or its officers, We
shall only give the interesting points