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

No. IS, then you can't bring in u YER
dict Of guilty. As TO the motive, there
is no evidence 10 show that there was
any conspiracy to defraud the insur-
ance company There is no evidence
to show that there was any under
standing between Mrs. McNutt and de-
fendant whereby defendant was to
share the spells of any such conspira-
cy.
Judge Adams, after having gone over
the whole ground, closed with soul
stirring and feeling appeal in behalf OF
the Young man whose life was in the
hands of the twelve men setting before
him. having occupied about three
hours.
The county attorney arose to deliver
the closing argument. McNutt and
his wife, Winner and his father and
brother were inside of the bar. Many
ladies were present, and the court
room was comfortably full. The great
est anxiety was depicted upon the coun-
tenance of the father of Winner, who
sat close up TO his son and leaning TO
him. The county attorney said:
Gentlemen, the defense has occupied
about nine hours time, and it would
be impossible for me 10 answer all
their points. Not one of them, though.
has declared his convictions that the
accused was innocent. They have en-
deavored to bear down the reliability
of the states witnesses; they have
cited this little incident and that, and
then pppeaied to you to answer If such
and such a circumstance is sufficient to
to convict. They have refused to con-
slider all the circumstances together.
which, as straight as the noon-day sun.
| tend all to one conclusion. As to the
testimony of Harris and Ham, they
came here at the solicitation OF the
county attorney. There sits j. w.
McNutt. and the story about the inter-
est of the insurance company sendin2
witnesses here is absurd. AS 10 liar
ris, he would compare favorably with
any of the attorneys upon the other
side. and that he is an honorable nian
there is not the least doubt. And my
friend Levy comes in for his share OF
traducing. His testimony as to IL"
moving of the burning body was salts
factorily explained by himself. 1t was
worse than nonsense to criticise the
action Of the coroner. Owens, i'll exam
ming the burned body. The witnesses
for the state had been very uniform in
their testimony. The county attorney
then followed winner again to Kansas
City, the securing Of Tex, the dis
patches and their connection with ;he
transaction and their peculiar phi. aze-
ology, their arrival at Topeka and the
strong probability that Sewer did actu-
ally arrive at Wichita on the night OF
the oath of December, 1873. The
fact that McNutt fled on the above
night the fact that he went into the
interior of Missouri to work ona farm;
the fact that he changed his name the
fact that he had policy $4,000 upon
his life the fact that he had not paid
his second payment, and the fact that
there he sits to-day, alive and well.
shows beyond any possibility of 4
doubt that there was plot, and that
Winner was in it. After speaking two
and half hours he summed up the EN-
tire case in the strongest manner pos
sible almost, drawing most vivid and
fearful picture of the dark crime COM
mittcd on the fatal night.
The judge at half past seven O'Clock
Tuesday night gave copy of his in
structions, three forms of a verdict.
and some of the papers found that
morning to the jury, put the jury into
the hands of a bailifl, with instructions
to allow them no refreshments until a
verdict was made up.
The jury went out at 8 o clock and re
turned at 10 o'clock. The verdict reads:
State of Kansas,
Sedgwick County, !
In the district court of the county OF
Sedgwick, state of Kansas.
The state of Kansas
against Verdict.
Arthur Winner.
We, the jury in the above entitled
cause, do find the defendant guilty OF
murder in the first degree. as charged
in the information.
ID. X. ALLEN, Foreman.
On the rendering of which the court
enquired, $50 say YOU all gentlemen z
And the twelve jurors answered, ''W,
do" Counsel for the defense made {
motion for an arrest of judgment, and
gave notice of n motion for new trial
When taken to his room, Winner
told McNutt, laughing, that he wa
"stuck for cremation in the first de-
gree"
On Yesterday motion was made and
argued for a new trial, which was over
ruled. McNutt's trial will probabl,
come off next week.