The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-09-14

Matters seemed 70 remain quiet As far
Is much talk was concerned, until the 22d
81 July, when Charles R Medaris was re-
arrested by George Kingsley, who claims
10 be detective from LeaVenworth, Kan
Ias. The defendant was placed in jail,
md there remained until July 30. without
having been taken before 8 Justice for ex-
animation, when he was taken before
?. L. Smith, j. p, and time for ex-
set for Aug. 1. On the last
named day he was brought out for exam
InAtion, the State being represented by T..
n. Sedgwick, County Attorney, and c. n.
Sterry, and the defendant by Buck d Kel-
logg, J. v. Sanders, G. B. Bachelor and
w. A. Randolph. About the same testi-
mony as had been received before the cor
oner's jury was introduced on this exam
nation, and the Justice decided that there
was not reasonable or probable grounds
10 believe that the defendant was guilty
IS charged, and he was again released on
the 3 day OF August
ANDERSON RE-ARREsTED.
On the I'D day OF July. Kingsley went
TO Douglass county, and re-Arrested II.
C. Anderson, and he also was placed in
jAiI, where he remained until the close Of
The week, when he was released without
m examination, and as we are Informed
without an order Of Court.
RE-ARREsr OF NEDARIs.
As soon ~ Mr.. AedAris was released by
Justice Smith, the County Attorney Or
iered the Sheriff to re-srrest him, and he
was again placed in custody, and COM
plant was nled before Judge PeytOn, who
Issued . warrant against him. The de-
fendant was brought before him on the
3D. day OF August, and bis examination
continued until the 7th. At the date last
named he was brought out for examIna-
lion, and his counsel stated they had been
that these arrests were 70 cOntin-
ne till court; and ~ the defendant was
unable 70 employ counsel for 30 manT ex-
AminAtionS, they had advised defendant 70
waive examina tiOn, and await his trial In
The District Court, and the order WAS 20
made.
TIE TRIAL.
The District Court commenced on the
9Th inst. Previous TO this, by consent Of
counsel, Judge Peyton had selected and
ordered summoned, one hundred and
twenty-five extra jurymen from the re-
mote parts OF the county, from which IL
WAS believed . jury could be selected.
This proved 70 be correct, for large part
OF the regular panel claimed they had
either formed or expressed an opinion
about the case. The defense claimed that
they desired an intelligent and good jury,
and the fact that they exhausted only six
out OF twelve peremptOry challenges,
would seem to indicate this. Before night
the following named jurOTS were selected
10 try the case, to wit: w. V. Phillips,
Harvey Thomas, Ebert Holt, Eliza Moore,
Geo. N. Kerr, G. A. Fleming, z. p.
Grove, A. A. Allen, Edom Harris, W. T.
Stokes, j. 8. Pickett, and W. ]. Best. At
ter being sworn to try the prosecution the
court adjourned until the next day.
Court met ut the hour to which It had
adjOurned. Ar. Bterry, on behalf Of the
State, opened the case by stating to the
jury the theory on which they expected
20 convict the defendant; they expected
20 show that the defendant was the only
person who knew how the deceased came
to his death; that they had no vindictive
feelings toward the accused, but were &C
tuated by just motives to find the real par
~ who did the deed; that they believed
him guilty from the fact that he had told
Q party that Lutz was Ia his way and m
terrupted his pleasure with certain WON
en- who frequently visited him where he
and Lutz lived; that the instrument with
which the murder was committed was In
their possession, and that defendant had
told the witness whers It could be found ;
that they had searched for It and found .
stone with which It was done; that the
size and shape suited the wounds Inflicted.
Lewis Lutz was sworn, and statRd tbs
deceased was his son; that the defendant
had been in his employ from March up to
the time OF the murder; that the building
was IL feet square; that the bunk on
which they slept was ~ feet wide by II
feet long, and was on the east side Of the
building; that the door was in the south
side and . window In the north side; that
his son came home on Friday and retHrn-
ed Tuesday, June 18th: that he went up
there on Sunday, reprimAnded defendant
for net working the hedge on the south
side Of the creek; that he went out again
on Tuesday night with DIR. Trueworthy,
and found W. r. Safer, his two sons, Joe
Thomas, Jesse Mann, Anderson and two
Joneses there; that it was 45 feet from
north line OF house to the timber; did moi
speak cross to defendant about blowing
the hedge; found the stone 9Th OF August
north Of the house; It was on top OF thG
grass as II laid there; grass brown un.
der the stone; the ground had been clear
ed up; some few stones Ia the edge Of the
grass; there were some rocks scattered
around similar to this.
DR.. McCandless stated-I was not on
ct Mr.. Lutz's place; saw deceased mex
day, but did not make . careful examIna
ton OF wounds; one wound near the TOT
Of the ear; had marks In forehead; on
blow might have produced lower wound
the upper and lower wounds might hAV
been made with the stone; iTa blow oil
head was struck 20 - to strike one sense
less, the muscular reaction would set II
In about i've minutes, and would com
Dence by breathing none inclsed wounds
think mark ON face could not have bee
made by axe handle; il was marrow
wounds would commence to swell in froE
1 to hours; wounds would stop bleedin
IN 10 minutes, but might Cow for 30 min
utes; the wounds might be made wit
back Of an axe; wounds In forehead leo
as though they might have been made b
knuckies: II he fell on the board an
struck some pebbles, 1t might have bee
made.
DIR. TrueW0rthy exSmined-Went
Lutz's farm; found deceased lying out {
doors on his back; found two wounds o
his thsad; the lower one done by on
blow; . blow from the fist may haV
caused that In forehead; have my doubt
about that stone making lower wound
don't know that it could be made with Il
1t might be made with corner Of axe; d
ceased died from effects OF these WOuHd
some blood had run out OF right ear; I
muscular movement after saw him.
Cross exRmIned.-Wound back OF q
S3< inches long; was straight and not 81
gag; IL done with an axe It must haN
been done In front; some Of the WOunC
iincised, especially the lover ONE; that OF
i A. krnEaaa anH