The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-12-12

DdhcrolL were OruereU 10 select IL peers
and the following jury was struck: D
Thomas, S. Jones, j. b. Halleck, T. B
EARLY, L. II. HOlderman, l. ID. Fox, Bill
Ewing, Capt. North, d. s. Bill, Thomas
Ryan, ID. King and ]. s. Conwell.
Halleck was challenged and discharged
on account of being relation of the
prosecuting witness, Williams.
Capt. North was challenged and dis.
charged on account of being too young.
Jury refilled by Old Mortality, (white)
and James Taylor, (colOred).
Old Mortality challenged aad dis
charged because he formed no opinion,
The court informed all present that no
man was fit juror unless he had fully
made up his mind that the prisoners
were guilty.
Counsel Waterbury appealed to full
bench, when Stotler one of the defend
ants asked the court if it was not too
early in the evening for the bench to be
full. The defendant was by the court
ordered to receive a cigar.
DIR. Jacobs was called as juror and
challenged by all the defendants as too
dangerous a man to sit on jury. Court
ordered him to stand aside, remarking
that Jacobs might continue to kill peo-
pie by medicine, but that he wouldn't
give him a chance to kill by law and
physics both.
Jury were then ordered to declare their
intentions and were accepted on the fol-
lowing declaration: You and each of you
do declare, assert and affirm that you are
not relatives of the prosecuting witness,
that you will well and truly try the
cause, reverence the majesty of the court,
gracefully submit to all fines and penal
ties imposed and true verdict render.
Whereupon 10 Williams, plaintiff, pre-
sented his case to the jury in the follow
ing words: My name is 10 Williams.
l suppose am At the bottom of this in
stigation. 1 have been labelled by THE
EMPoRIA NEWS, and want a house and
lot-one of them as Stotler s. Graham
has to sell, and will let the thing slip.
10 Williams then took the stand for
the prosecution. He testified that he
was the plaintiff in the action, that he
had been labelled, that his feelings were
lacerated, that the springs of affection
between him and his wife had been by
the label CONCEALED. Witness further tes-
titled that there was a "nigger in the
wood pile" placed his damages at &c.
600, but would take $1,000 to call the
thing square. Wintess further stated
that Mrs. Williams had stated that 81,
900 might do for white men, but $4,000
was little enough for colored gentle.
man when he "done got labelled"
Severely cross examined by Messrs.
Waterbury & Lambert. j. w True.
worthy called and declared: am ex.
coroner OF Lyon county. 1 am the coro-
ner who sat on the dead man, who was
not dead; 1 know "Old Mortality" l
am the only coroner Lyon county ever
had that could bring dead man to life
by sitting on him, and collect my fees
My opinion of defendants Stotler &
Graham and the jays is they arebad
men.
Cross examined by Waterbury s.
Lambert. Witness took back what he
said about defendants bad character and
pronounced defendants character good
whereupon the court fined the witness
81. for prevaricating.
Col. Whitley called. live on ''pover.
ty ridge" In answer to tine question
what is your opinion of chief justice
LOotz? The witness said: My opinion
is that he is fraud. Opinion of wit.
ness unanimously sustained by the court,
and LOots fined himself 81. for being Il
fraud; also judges Culver and Warren,
each so cents for being his associates.
F. Z. Smith fined 80 cents for tampering
with the witness, also 10. Walkup 80
cents, for contempt of court. At this
juncture mayor Gilmore and some of
the council, and Messrs. Alexander, Rus.
sell & Caswell, of the Holly water works
company, came in. Whereupon the
court ordered the water works to be
watered; here the jury also demanded
to be watered; w. s. Jay here fined 81.
for trying to bribe the court, by present
ing it with hollow loaf of bread filed
with oysters. J. w. Thatcher fined so
cents for being city councilman. Wit
ness here stated that FL. Holderman had
no reputation. Hciderman fined IS
cents for having no reputation. NJ.
Baker fined 81. for selling liquor to
Whiteley without consent of Whiteley's
guardian. E. p. Bruner was fined so
cents for attempted bride t0 plaintiff To
quash suit. Alexander fined so cents
for refusing to stand up. S. p. Chase
fined 80 cents for trying to run plaintiff
out of the country. Witness here stated
that defendent VIM. s. pay. had under
taken to hush up the case, by giving
plaintiffs wife 500 feet of lumber, where
upon Williams recalled to prove it
Jay denied the charge. Whereupon
witness Williams stated to said Jay Z:
"Wm. Jay, you can't fool me; you'se bin
to my house to many times, l knows
you" The court here in thunder tones
declared that there was to much levity.
ThOs. Fleming, the Famous boot and
shoe store man, DIR. Filkins, A. NJ. Reed,
Bob. Roberts, Caswell and Dan. Holder
man fined each so cents for contempt Of
court. Judge Payne was fined 81 for in
terfering with the Jurisdiction of the
court; Leighton, Jack Butler and Phil.
Heilman for having hats on in court. H.
Norton was fined 80 cents for trying to
palm himself off as Republican to
witness Whitley. Tom. Fleming, Clod-
felter, Hubbard, Harry Hibben, d.
Thomas, l. d. Fox, Sam. Jones (cat-
tie MANI were each fined so cents for
swindling the witness Whitley. King
(cattle MANI fined so cents for sailing
and watering cattle before selling them
by weight. Witness said I. d. Fox told
HIM (Whitley) that the plaintiff Will
liams was rascal. Court fined 1. d.
Fox so cents for telling the truth. John