The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1878-09-27
e. P. BANCROFT
Sentenced to five Years in the Peniten-
tiary,


Conclusion of the Case in the District
Court,
AS stated in our last issue, after the
verdict of the jury in the Bancroft case,
the defendant filed motion for a new
trial, which was heard on Friday, Sept.
20. This motion was based on the
charge that two of the jury, w. o. Fer
guson and T. Mcdonald, were prejudic-
ed against the defendant prior to their
acting as jurors in the case, and the evil
dence of witnesses was heard with re-
gard to their expressions OF opinion. 1t
included affidavits from James Conner,
Maria L. Schmidling, w. P. Sexton, d.
L. Heiner, J. A. Young, Z. P. Bancroft.
o. B. Hornbarger, J. d. Dawson, r. NJ.
Ruggles, w. w. Scott, and J. W. Lynn.
The affidavits of Conner, HOrnbarger,
Sexton, Dawson, and Mrs. Schmidling,
were with reference to various CONVEX
satiOns, each being on different occasions
on which Ferguson was said to have
made statements concerning his belief
in Bancroft's guilt.
The conversation testified TO by Sex
ton, was during the railroad strike, and
was between the late III. Conner, Sexton
and Ferguson, the latter acting as sher-
ifs deputies. James Conner also testi-
fed to being present-but no statement
was made as to the expressions used in
that conversation by Ferguson, other
than q Sfa hof hn affS
(SextOn) was convinced that he Fergu-
SOM was prejudiced against said Ban
croft" The expression claimed to have
been made use of in the conversation
with Mrs. Schmidling, in DR.. Moore's
drug store, was that Every body knows
he is guilty, and he is not to be trusted
any more than Lappin." j. L. Hiner's
affidavit was with reference to a remark
made in September or October, 1877, by
T. Mcdonald, that Bancroft ought to
be in the penitentiary and was a great
rascal" Messrs. Ruggies, Scott, and
Lynn and the defendant, E. P. Bancroft,
each swore as to their ignorance of all
this testimony at any time prior to the
rendering of the verdict by the jury.
Thomas Mcdonald being sworn, testi-
fed that he had not been on speaking
terms with ]. L. Heiner since the 5th of
August, 1877, having forced him into
settlement, and that Heiner was in his
house but once during September, that
being at time when young man there
had shot himself.
Ferguson testified that he recOllected
of no conversation with Conner or Horn
burger on the subject in question. He
had not talked with Mrs. Schmidling
since taking charge of his hotel, prior to
the developments in the Bancroft case :;
was not one of Sheriff Corners depu-
| ties, but his brother John was. There
is resemblance between them, and he
stated that they had often been mistaken
for each other; was not near the rail
road during the time of the strike Had
not talked with Sexton for about five
years, having had difficulty with him
| then.
This includes, in brief, the important
points of the evidence in this part of the
case. The court refused to let the prose
| cution cross examine on the written af-
| fidavits. After an Intellectual attempt on
the part of the defense to secure delay
for the Introduction of other witnesses,
the motion for a new trial was argued
by counsel, and taken under advisement
by the court. On Monday Judge Pey-
rton overruled the motion, and the de-
PENDANT at once filed a motion in arrest
| of judgment, which was overruled and
sentence was pronounced.
Judge Peyton, after asking Major
Bancroft whether he had any legal cause
to show why judgment should not be
pronounced against him, and being an
swered that he had nothing to say, used
words in substance as follows: "Then it
becomes my painful duty to pass upon
you the sentence of the law. In doing
this feel more than an ordinary reg1e ct
owing to the long and intimate acquaint
ance existing between us. I can only
say that since the return of the verdict
so disastrous to you, have carefully
reviewed all the law touching your case,
with the best of what ability 1 possess
and have been unable to discover any
decision or ruling that I would now
change, and therefore the law makes il
my duty, though disagreeable it is, tC
pass upon you the sentence which it i'm.
poses, which is that you, E. P. Bancroft,
be confined at hard labor in the peniten.
tiary of the State of Kansas, for the term
of five years from this day, and that
you pay the costs of this prosecution"
This sentence was objected to and ex.
cepted to on various grounds by the de
Tense, and notice of appeal to the su
preme court was given, and to-day
Thursday we learn that the bill of ex
ceptions in the case, is under the consid
Grafton of the court. Mr.. Bancroft is al
present in confinement in the county
Jail, and will, we suppose, be taken tc
Leavenworth, by the sheriff, soon after
the adjournment of court next week.