The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1878-03-05

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fCbaeisssd Nyn Second R9e1
not thought 1t was yellowisll
hat.
One strange circumstance In Daniels
narrative Il the fact that all the way
from 6edalia home he met with no one
he knew, except some one whom he
paid some money he owed him. He
did not put up at any house but
camped out.
When asked shout the blood on the
wagon sheet, he replied that he did
not know there was any blood on it. If
there was, it was not Miller's blood.
He said they never had the wagon
sheet up at all, except at night, when
he had thought Of what was going to
happen. he would have arrested Miller
and brought him home He declared
with considerable emotion that hew
an honest man and worked hard for .
living, having split eight or ten thOus-
and rails last winter.
PRELIMINARY EXAMINATION.
The following is from the BAzOO of
March 2, 1877:
J. w. Daniels waved an examination
to-day before Squire Clark, and cOnse-
quently makes his next appearance
before the Criminal Court. A large
number Of people assembled to hear
and see the supposed murderer, and
were disappointed in the disposition Of
the case. Daniels was NOT removed
from the Jail, and to supply the excite
ment which they were thus deprived
Of, . rumOr Was started and speedily
circulated that Q number Of armed men
were lurking around, determined to
he was not brought out Of the Jail for |
fear Of being mobbed. This soon |
changed to the effect that the mysteri- |
Ous EARNED men" were here to rescue |
him, and this, again, to the truth at
last, that there were no armed men at |
all.
CHANGE OF VENUE.
On the 18th of November, 1877, the
case Of John William Daniel was called |
in the Sedalia Criminal Court. The
prisoners attorneys asked that q
change of venue be granted, owing to
. prejudice existing against him i'm
Pettis County and that he could not
receive Q fair trial. This was granted
aud the case sent to johnson county.
A HITCH IN THE TRIAL.
On the 4th Of December. 1877, the
case was called In the Johnson County
Criminal Court. Judge Hill on the
Bench.
Mr.. Ladue, the leading counsel for
Daniel, fled the following affidavit:
In the Criminal Court Of johnson
County, Missouri, December term,
1877, on change Of venue from Pettis ,
County, Mo-:
STATE OF MISSOURI,
vs.. II
JOHN WILLIAM DANIEL,
John william Daniel being duly
sworn, doth depose and say that he is ,
the defendant In the above entitled
cause. That the Judge of the Court in
which said above entitled cause is
pending, tO-Wit: The Judge of said
Criminal Court, Of johnson County,
State Of Missouri, Is prejudiced against c
him, this defendant, and that said v
Judge Of said court will not afford him e
. fair trial, by reason Of such fact. said q
defendant, asks for such order and pro- v
ceedinGs in this cause as he is entitled O
20 by law. JOHN w. DANIEL. q
In the Criminal Court of johnson n
County, State Of Missouri, December &
term, 1877, on change Of venue from 8
Pettis County, Mo. n
STATE OF MISSOURI, 1
JOHNSON COUNTY, Il
State Of Missouri, vs.. John William
Daniel. q
Jacob Pogue and John G. Scheer, h
citizens Of the State Of Missouri, being a
each for himself severally and duly
A1kk hnk
and each Of them have had the affi-
davit of John w. Daniel hereto annex
ed, stating In substance that the
Judge Of the court In which the above
entitled cause IL pending, Is prejudiced IL
against the defendant, John William
Daniel. and that the said Judge will u
not afford said Daniel fair trial, and u
these deponents further say, each for Z
himself. that he is not akin to or cOun- u
rel for said defendant. II
JACOB PoGUE, a
JOHN G. SCHEER.
After this IN election was held by e
the members Of the bar for q special
judge which resulted in the selection
II Col. A. w. Rogers, Of Warrensburg. y
THE TRIAL BEGINS.
This case was opened on Friday {:
morning, Dec. Z, 1877, in the Criminal n
Court 1t Warrensburg. Judge pro
tenn. A. w. Rogers on the bench. Il
A special venire Of forty citizens of 81
johnson county was summoned to n
select Q Jury Of twelve men from, to
hear and determine the guilt or limo
oense Of John w. Daniel. The follow
Ing named were sworn to try the case: u
Jacob FetteFling, farmer and banker. y
b. r. zimmerman, farmer. 2
Theo. Huggips, merchant. G
Joseph Johnson, farmer. IL
II. a. Violet, farmer.
Rnben Coats, farmer. II
John Delaney, farmer.
]. e. 6hockey, capitalist. =
II. II. Henshaw, merchant.
d. ID. Williams, saddler.
John Lamar, b0Okkeeper. Y
w. J. Fewel, groceryman. h
THE ATTORNEYS. d
Aessrs. G. p. B. Jackson, pr0secut- q
ing attorney Of Pettis county, and w. Q
II. Brinker, prosecuting attorney Of y
johnson county, appeared as attorneys 8
I'm behalf a the State.
Nessrs. Joshua LaDue, of st. Louis, u
w. Y. PembertOn, Of Sedalia, and Fine n
Fan, Of Warrensburg, conducted the
defense.
OPEHIN0 THE CASE.
Mr.. jackson stepped to the front of :.
the jury and read the indictment.
Mr.. Ladue-To all of which the
defendant pleads not guilty.
J. C. Castle, sworn-I reside three
miles north Of Sedalia. On the oath of
February, 1877, found dead body on
INV plaOe. About 2 O'Clock that day.
It was On Saturday. It was Q very
beautiful day. went to the timber I