The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-09-07
rnR MuRnHR GAGE
Case for the Proseeutlon CIOsod.

4
Case for the ProseeutIOn Closed.
Principal Points OF the TestimoAy.
As our readers are aware. the trial Of
Charley Medaris for the murder OF Re.
turn Lutz, was lately postponed to the
present term OF the district court. The
case came mp before his honor, Judge L.
B. Peyton, on Tuesday morning. The
oEieerS had caused 90 be summoned 3
long list OF extra jurors 125 in number,
and owing 20 this sensible step jury was
procured at the end OF the first day. Be
tween sixty and seventy jurors were ex-
amined. The following named citizens
compose the jury In this Important case:
W. v. Phillips, Harvey Thomas, Ebert
Holt, Eliza Moore, Csc. N. Kerr, G. A.
Fleming, z. p. Grove, a. 4. Alien, Edom
Harris, VIM. T. Stokes, u.s.. Pickett, w.
j. B est.
The prosecution is conducted by Coun-
~ Attorney, T. N. sedgwiek, assisted by
g. N. sterry. These gentlemen seem
to have worked with great ability and fn-
dustry, and have brought out all the evil
denee Il was possible to Obtain.
The defense IL conducted by Buck &
Kellogg, J.,V. Sanders, C. b. Bachelor,
W. A. Randolph and RuggIes, Scott 8
Lynn. the latter nrm taking no active
part, however. These gentlemen are
masking thorough aght for their client.
With the bulk OF the testimony our
readeas are acquainted, and we regret
that the crowded condition Of our col
umns will not admit . synopsis OF the
testimony OF the witnesses. The new tes-
timony, and altogether the most impoR-
tant Is by Miss CalIie Hutton. In SUBJ
stance she testilles IS follows: Charley
MedaIjs was At her home the latter part
Of Nay or the first Of June. This was
during the time he was st work for Mr..
Lutz. BE told her that young Lutz was
domineeling in his disposition, and he
wished he (Lutz) was out Of his way.
Two or three days AFTER the 4th Of July
Aedaris was at her home again, and was
looking downeast AMI blue. She asked
him what was the matter-what made
him look so blue. He replied that he had
enough TO make him look blue. "Yes,"
says she, "yOu got away with young
Lutz, didn't yonyo He replied ayes,
did," She asked him how it occurred.
He replied that Shey had quarrel, and
that he struck Lutz twice In the side,
while he was standing In the door. He
said the id fools were trying to find
out what the blow on the head was done
with-that II they had looked in the
brush north Of the house he guessed they
would have found stone that could have
done it-thas the great mistake he made
was in not putting the wagon sheet over
Lutz' face.''
The prosecution proved by Geo. B.
Cooper, who laid Mr.. Lutz out. that his
side had on It two black and blue places,
one just below the heart and the other on
his hip, which appeared to be made by
blows.
They also showed that after the Hutton
girl told her story, that shsriff Conner,
Lewis Lutz and T. N. sedgwick visited
the place OF the murder, and in q search
In the brush north Of the house where the
murder was committed, and in the rear Of
1t, discovered stone, which the doctors
say might have produced the wound that
fractured the skull. This stone had been
thrown where II was found after the grass
had grown some, and apparently month
or so before it was found The doctors
are unanimously of the opinion that the
mark or bruise ON Lutz's forehead was
produced by blow; that 1t seemed inn
possible that It could be caused by fall
ing from where he slept.
The State introduced the testimony Of
different persons, showing four or five
different stories told by Medaris as to
what transpired after he heard the raps
which he CT aims to have been the blows
struck Lutz.
The defense made strenuous efforts to
impeaeh the testimony Of the Hutton girl,
but utterly failed SO FAR as showing by
her neighbors that her reputation for
truth and veracity was not good. They
did show, by three witnesses, that she had
stated that she expected to receive pay
for testifying as she did. but the State
claims that they will be able to prove
that these three witnesses have not told
the truth; that the most the girl ever said
was that she was to receive money as pay
for her time while che was detained as 3
witness, and her fees, all OF which the
State has admitted st all times.
The prosecution closed their case
Thursday about p. m. The defense
opened their case by an attempt to Inn
peach Miss Hutton, which is as far as our
report can go this week. The case has at
tracted much attention. It will undoubt.
eddy close this week, and we cannot even
give conjecture as to the result.