The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-06-11


City, much less that lie ever left the
city with him. It is strange that this
cremator. this plenopetentiary and
grand minister of McNutt and his
wife, in procuring the victim to be
burned and charred by fire, to repre-
sent the body of McNutt. that he
should go to a stranger and inquire for
the victim, and then refuse to 60 where
he was because it was a little muddy.
Preposterous. Such man would only
be fit for straight jacket. much less
for the prime concocter OF a grand and
deep conspiracy. But that is the testi-
mony of Harris, all of it except his
contradictions made on cross-examina-
ton. Upon such flimsey testimony as
this it is claimed that Sewer came to
Wichita. The instructions Of the court
say that YOU must find that Sewer was
in the building that was burned. Now
with such testimony how can you find
that he ever came to Wichita. The last
heard Of this Sewer ne was three hum
dred miles away with a little poke
under his arm, fiddle in his hand and
mOneyless,-a drunkard in character :;
yet they claim that he was here in
Wichita. and was burned to death by
this unfortunate boy that same night.
This is the testimony relied upon by
the prosecution to prove the burning,
the killing, the numbering of this
long haired, dark Completed, ragged,
moneylcss fellow, a Whitewater with
a fiddle under his arm. No such man
was ever seen here, nor upon the road
by the conductor or anyone else. The
whole purpOrted conspiracy was for
the benefit of Mrs. McNmtt. 1t the
charge was true, would she not have
been party and have known of the
arrangements, yet there has been no
action commenced against her, nor has
there be any testimony to show that
she knew of IT. The body was found
not upon the floor occupied by the de-
PENDANTS, but upon the floor occupied
By the young ladies. He closed after
having occupied over four hours time.
Judge Adams closed upon the part
of the part of the defence. lie said /:
Upon the result of your action in
this case hangs the life of fellow be-
ing. The case has been most remark
able one. There is mystery that
hangs around it, but the state has not
cleared up that mystery. 1t has been
remarkable in the way the case has
been prosecuted, the manner in which
the county attorney has followed it.
up. But the prosecution has been
made up of speculation, guess work
and rumors.
There is nothing remarkable in the
| fact of these young men coming here
to Wichita to follow their trade. They
rented shop on Main street, which
shows that they were here for business
They did not get at an obscure place
where they could more securely play
the game which the state charges was
a stake of $1,000. Trifles as light a;
air to the suspicious are proofs strong
as holy writ. The whole case has been
built up upon suspicion and public
clamor for victim. Young Winner
was found inscnsible, but was imme
diately surrounded by multitude Of
witnesses who watched every move
ment and took in his every word, we,
all his actions and words were consis
tent and truthful 1t is in evidence
that when the defendant was found
bleeding and insensibie, with only ;
night shirt on, he was Immediately
taken into custody. That shirt ought
to show something of the character O
the wounds. Why was not that gar
ment produced in court? Should il
not show q rent above that wound il
would have proved damning cvidenc,
against this young man. 1t would have
been exhibited with an air of triumph
Ii seems to me to have been th'
duty of the present attorney in thi
case, if he only wanted to arrive a
Justice that he should have produced
that garment. Where was ii and wher,
is it? That is one circumstance. 4
little remark that escaped the lips o
the county attorney impressed IN,
mind with new idea. IL had not oc
Cured to me that any false swearin:
had been done upon the part of tn
state until he said that it was mucl
more difficult to subpoena witnesse
upon the part of the state than upol
the part of the defence. When came
to consider the evidence of Harris an,
that of the son of Ham, l concluded
that the Metropolitan Insurance Com
pany had at great expense procure,
witnesses to testify upon the part o
the state. take it that there is some
thing behind this that induced men t.
come here at their own expense T.
testify against these young men. Tn
impression made upon my mind by tn
witnesses Ham and Harris was tina
they were plant tools. They max,
this genius of crime, this king of con
spirators go to the insurance compan,
and inform them that they were goin:
to do this very thing. Gentlemen
that was manufactured story. Their
is power back at Kansas City urgin:
on this prosecution out of malice. Thi
insurance company pays the expense
of the witnesses. The county attorne,
drew his inspiration in the argumen
Of this case from those notoriou
periodicals, the New York Police Ga
zefte and the Days Doings. The ST.
spicious circumstances Of McNutt
buying the lsudanum and the whiske.
are in no way connected with tn
crime charged, and the court has in
structcd you that nothing can be pre-
sumed in making up verdict. As Il
the money deposited at the Southern
Hotel it has been clearly proven tina
they were expecting money and tina
thev did receive it. The county attor
pcy sees blood, burning and murder il
the natural fact that McSutt took hi
money out of the safe and passed owe
fifteen dollars 10 Winner. Martin
" s,ching the windows of the defend
ants for so many weeks is little to-
thin Winners solicitation about Nc