The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-01-16
THE sCRAFFORD CASE.
Motions for New Trial and ArYess OF
Judgment.
Topeka Commonwealth, III

Topeka Commonwealth, III
Mr.. Scraford's counsel fled on Yesterday
their motions Of which they had given no.
tice. There are three of them, as follows
In the District Court of Shawnee County.
The State OF Kansas
Samuel Lappin and Charles G. Scraford
Motion TO discharge Defendant.
Comes now the defendant Charles G.
Scrafiord, and not admitting the jurisdiction
OF this court, but protesting that the Aug
.ust term 1878 Of this court terminated with
and upon the adjournment of the court on
Sa urday, the 4th day of January, 1879,
and further protesting that the proceedings
had or pretended to be had in this cause
since said adjournment on the 4th of Janu-
airy, to-wit, upon the 9th, 9Th, Sth and 9th
of January, 1879. and during the January
term, 1879, Of this court. were and are
wholly illegal and void, and By reason
thereof this court had no jurisdiction of
the person Of this defendant upon any or
either Of the days last named, to-wif, the
9th, 9Th, Sth and 9th days of January, 1879,
and no power or authority to entertain or
hear any proceedings or to receive any YER
dies in this cause since the close Of the
Court on the last day of said August term,
1873, 10 Wit, on said 4th day of January,
1879, nor any power or authority to order
that this defendant he taken into custody
by the Sheriff Of said county of Shawnee
and by said sheriff confined in the Jail of
said county-pow moves the Court TO order
and direct, that this defendant be released
from said Jail and the custody OF said Sher-
ia, and that the verdict fled herein on the
9Th of January, 1879, be stricken from the
files Of this Court and held for naught. and
that this defendant be discharged without
delay. W. c. WEBB,
GUTHRIE & Brown, and
MARTIN q MILEHAM,
Attorneys for C. G. Scrafford.
The second motion was for the arrest Of
judgment, and emitting the title, and names
Of counsel, (ssme as in the foregoing mo
ton, is as follows:
G.. Scrafiord, and not admitting but deny
ing the jurisdiction of this court over the
person Of this defendant since the close of
on the 4th day Of January 1879, and deny
ing the validity of any and all proceedings
had or taken in this cause during the JAN
nary Term 1879 of this court, to-wit, on
the 9th, 9TH, Sth, and OH days of January,
lS19-moves the court to arrest the judg-
ment herein, for the reasons following:
"First, Because the court has no juris-
diction Of the otfense charged in the infor-
nation.
Second, Because the fact stated in the
information do not constitute . public
ofiense"
The third motion is for new trial, and
(omitting the title, and the names of the
counsel, as follows:
Ard now comes the defendant Charles G.
Scratford, and no; admitting but denying the
jurisdiction Of this court over the person of
this defendant since the close of the Aug
ust term 1873 of this court, to-wit, on the |
18th dsy of January 1879, and denying the |
validity of any and all proceeding had or
taken in this cause during the January
term 1879 in this court, to-wit, on the 9th, |
9TH, Sth and 9th days of January 1879
moves the court to set aside the verdict re-
turned and filed herein on said 9th day of |
j snuary 1879, and to grant q new trial Of |
this action for the reasons following:
Firs-Because the court admitted illegal |
to 60 to the jury.
Second-Because the jury received evil |
ucuCt HUI dutuOIiLeu ny Tue COURT
Ihird-Because portion OF the jurors |
were guilty of misconduct tending to pre-
vent fair and due consideration of the |
case.
Fourth, Because the verdict was decided |
by means other than a fair expression OF |
opinion on the part OF all the jurors.
Fifth, Because the court refused to give |
to the jury the instructions asked by the
defendant.
Sixth, Because the court instructed the
jury in several material matters of law.
Seventh, Because the verdict is contrary
to law.
Eighth, Because the verdict is not au-
or supported by the evidence, but
is against the evidence.
1t is understood that these motions will
be taken up on Monday morning, at $50
o'clock, to which hour the court adjourn