The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-05-28

( mar ana peculiar haLel eye, lHe pupll OF one
of which is elongated. Joseph W. McNutt is
larger man. has 4 good head with large per-
ccptiye faculties, light complexion, brown hair,
a steady eye and good countenance. He is
about tweniy-four years old. probably about
three wears the senior OF Winner. Both have
faint showing Of mou>tache with small chin
whi>kers. They were both dressed neatly,
ia,hionably and in good taste.
Judges Ruggcs and Adams, counsel for the
defence. interposed an objection TO an arraign-
ment upon the grounds that the present court
is only special term. The objection was
oycrruled. the prisoners commanded TO stand
up, and II. c. SiusS, county attorney, pro-
ceeded to read the information which charged
them with having maliciously and with afore
thought. killed. murdered and burned, on the
18th of last December, one j. W. Sewer, alias
Texas, alias Tex. To the question of 'guilty
or not guilty." propounded by the court, they
were instructed by their counsel to make no
answer. wbereupon his honor directed plea
of mot guilty" 10 be entered upon the journal.
Judge Ruggles then made a motion for a change
of venue, in support of which he read his peti-
ton, which was in turn supported by fourteen
aliiiayits. These ailidayits were not dissimi
lar, but went on to say that in the opinion of
the alliants the accused could not get justice
in this county, owing to prejudice existing
and TO the universal opinion prevalent that
was based upon newspaper articles and rlimor.
These aiiidayits were made out and sworn TO
by the attorneys in the case and citizens, priD-
cipally unknown to us, as follows 81: Joseph
Cleveland. W. A. Sniyely, W. ;. Peter, Ilar-
ris x Harris, Albert Emerson. 5. NJ. Tucker,
Il. =. Wright. John W. Bear, VIM Remey, c.
f. sullivan, J. NJ. Balderston, W. T.. Stanley
and NJ s. Adams. County attorney II. c.
sluss then asked time in which TO bring in
counter aiildayits, which was granted, until
the Tuesday following, wehrcupon the prison
crs were remandcd back to the hands of the
sheriff.
Tuesday the entire forenoon was taken up
ly counsel in presenting proof and making
arguments. Prosecuting attorney ii. {. Sluss
filed a large number of counter afidayits
thirty in number, from men of good standing
living in the several townships in the county.
which set forth that little or no prejudice eX-
listed in the minds of the people living outside
of Wichita against the accused. The speech
of Judge Ruggles. which followed the prcsenta-
ton of the ailidayits. was a strong and earnest
effort which covered the entire grounds set
forth in his petition for a change ofyeGue.
He was followed by II. c. Siuss in an earnest
aud logical speech. the main points Of which
were supported by supreme court decisions
read and quoted. lie asserted that the atiida-
wits OF the counsel for the defense set forth no
facts that could be controycrted by proof.
They were vague and general only in their
declarations. The final argument was made
by Judge Harris, who made an eloquent APP
peal for Il chance to give hi, clients fair trial
Much was said, pro and con, with reference
to the testimony before the coroner's jury
published by the EAGLE, and the author OF
the purported confession published in the kaG-
sas City Jowaa}q II Commerce was ilaycd.
Judge Campbell after dinner announced that
he would deny the application for a change Of
venue. The ailidayits did not satisfy him that
the defendant, could not get a fair and impair
tial trial in Sedgwick county. The application
was addressed to the judgment Of the court
foutsde of the ailidayits. He believed from
his own observations that they would and
could have fur trial. Besides every safe
guard was thrown around the defendants. The
sheriff must endcavor to get honest, unpreju-
diced men, and the defendants had all the
other rights under the law, a. TO prcemptory
challenges. etc. When he came TO take into
consideration the extent of his county, u
people, their manner OF life ii would take
strong showing TO convince him that the de-
PENDANTS could not get far trial in this coun-
! ~. The testimony was not such a. TO con-
vince the court that the application should he
granted. Most of the aiidayits asking a change
of venue were from citizens Of Wichita. sew
eral of them from attorneys in the ease. The
rcbutting testimony upon the part of the state
was better and OF more weight than that upon
the part of the defense. He agreed with the
attorney for the state that the general rumors
of mob yiolecHc amounted to but little. and
that in his opinion there was not the least fear
of mob violence, and that the few threats made
were entitled TO no consideration. OF course.
a man who has formed or expressed an opin-
ion would be m incompetent juror. Pubhca-
ton in the newspapers did not amount to
much. People generally these days didn't form
their opinions from publications in newspa-
| pcrs. The Judge wouldn't say that on the
| political siump.--ED. He said an attorneys
affidavit was good any body clse's, but
that attorneys were more or less Interested in
the cause of their clients. IL he thought the
| defendants could not get fair trial in the
county he would not hesitate moment TO
/ gran. 'he prayer of the petition. The very
act OF earn, c- such acase to another county
would cause the same feeling in such county
as would be felt by the people IN the county
where the crime was committed. Ia motion
was oycrruled.
/ Exceptions were taken to the ruling 10y
judge Rugrles and Judge Adams. The
county attorney then announced his readiness
for trial within lay or two at farthest. The
counsel for the defense refused 10 say whether
| they would lc ready for tralor not. not know
/ ing but what they would make an application
! for continuance. whoreupon the Judge sci
this Thursday morning Tor the commence
ment of the trial. and the clerk was ordered TO
/ issue a special ,enire for thirty jurymen from
the body of the county.
Upon the refusal OF the application for
change, Winner dropped his head in evident
disappointment. but he soon took up HGr-
psr's NaJa-ins aud Went 10 reading. paving no
further attention 10 the proceedings. McNutt'>
face was suflused with red, but he showed 10
other sign OF disappointment.
The judge announced that the counsel should
have the right to a private interview with the
accused without the presence of officers or
any one else.
The court room was crowded daring the de-
livery fthe opinion by the judge. and a breath
less silence was preserved. The remainder Of
the trial viii appear in the EAGLE.
The specimen copy dodge lacks the AIDE