The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-01-24
IMPORTANT TRIAL.
Great Exeits ment Extraordinary Rul-
inRs of the Court.

SuDpHD3s ID AZ pear DIS Witnesses III INK
trial of H. V Bundrem that night, oil
some very serious charges, to be made
known at the trial. twas further le;nn
ed that the trial was to take place at the of
flee of County Attorney Sedgwick, before
Il new tribunal-the high court Of justice
law aud morals, Judge Lewis Lutz pre-
siding. The room was crowded at the
appointed hour, with an anxious crowd
and the prisoner being brought in by two
special constGbles, the court ordered the
trial 10 open.
w. W. Scott and T. y. Selgwick ap-
peared as counsel for the prosecution and
E. s. Waterbury and W. \. Randolph for
the defense The complaint was next
read by Mr.. Scott, and set forth in sub
stance that:
On or about the 18th day of November,
a. ID. 1873, the said defendant, with T. j.
Price, L. ID. Jacobs, l.. T. Heritage, r.
q. whitley and Van r. Holmes, signed a
contract to quit the vile and nOxIous
habit Of using tobacco, for period of
by the party first violating the compact :;
that on or about the 18th day of January,
and other times, said defendant, being
seduced by the instigatiOns of his Satanic
Majesty, the devil, who has by right no
jurisdiction in the district presided Owe
by this court, has smoked and chewed
tobacco, thus feloniOusly, malicIously
and treacherously violating his wise and
beneficent compact, and committing an
objectionable Offense against the digni-
ty and authority of the court. And the
prosecution therefore prayed for speedy
and just sentence against the said guilty
defendant.
The court-Prisoner, stand up. Are
you guilty or not guilty.
Prisoner-I decline to ans wer-that
is for you to find out.
The court-Let the trial proceed No
levity. Witnesses, stand up and swear
that you will tell the truth better than
you are in the habit of doing.
DIR. Jacobs sworn-Defense objected to
him as having no religious belief Court
ruled he had as much religion as the
court itself, and that was enough. Knew
all the parties to the cOntract-knew de
PENDANT had violated his
Defense objected to any such testi-
mOny, as witness was interested in the
80 forfeit. Court ruled that testimony
as to what witnesses knew or had seen
themselves was not competent and must
be ruled out, but that they could testify
to anything they had heard or did not
know, as hearsay evidence was the best
to convict on, always. This ruling was
greeted with much applause, and the
court rubbed its stomach very compIa-
Gently, and ordered the witness to GO
ahead
Was told by Mr.. Jones that Bundrcm
was using tobacco again. Jones said he
saw him hold paper upside down be
fore him and smoke curlcd up from be
hind it, but saw no cigar Witness went
into the store and saw him smoking
Dcnfcnse objected, and the court ruled
he knew there was no use in hearing any
more OF his testimony, Nose COppock
s id he saw Bundrem chew-obiected
to, and objection sustained. Heard
Bundrem was chcwing-heard Mr.. Lowe
say that he saw him use tObacco-was
told by Capt. Sommers that B. used to.
bscco when attending the Inauguration
ball at Topeka. Objected to, and court
ruled that what happened at Topeka did
not count, as the courts Jurisdiction ex-
tended only to the Neosho. Cross ex.
amined by Waterbury. Do you know
the DEFENDANT Objected to. Court rul
ed that from the witnesses' talk he evil
IDENTIFY knew nothing, and that he could
testify to anything lie did not know
Have you used tobacco? Witness re-
fused to answer as he might criminatC
himself Bundrcm WAS the only man
in town that could make smoke rings
Defense moved all witnesses testimony
be rejected. Court ruled the witnesses
had done pretty we'll and could gOhOmP
Nose COppock sworn-Name is MOsC
Coppock-loafer Ivy occupatinn-heard
of agreement not to use tobaccO-hcart
Bundrem had been caught at chewing
was asked about Bundrem's rcputa
tion-the court ruled Bundrem had none
Waterbury did not wish to crOsS-eX
anime unless his associate Randolph
thought of something; court ruled tina
Randolph never thought.
Capt. SOmmers called-Obiectcd to be
cause not sworn Court ruled he woulC
believe quicker ii not on oath. Knew ID
used tobacco - was with him when h,
did; all his testimony was objected TO be
cause he was II land agt obj. sustained
III. Ii. Lowe called-What did YOU
hear about Bundrem WITNESS elaine,
his fees in advance and refused to answe
any questions until he got his fees
Court ruled he was correct.
| T. G. whitley called-Defrnsc Obicctc,
that it WAS not whitley. Court ruled wit
ness knew best wllpt his name was. Wit
ness heard there was tobacco stains OF
Bundrcm's shirt sleeve Saw smok
coming out of his shop, Was Il party f
the contract. Knew other parties to il
Jacobs, Price, Holmes, Heritage, Bur
drem, etc; their reputation was not frs
rate. Defense objected towhat he knew
Testimony ruled out.
Van II. Holmes eailed-fGs, he kneI
all about the case, lie knew that-
Court peremptorily ruled out his test
mony and ordered him to sit down.
T. J. Price callcd-ITad heard b. bot
smoked and chewcd. Made him I'll
out his tOngue-was bad tongue-ru
it out about IA fOot-breath very bad
} smelled strong of tobacco-witness ha
heard his own reputation was not gooC
ii. W. Pearsall called for defense
Was an expert in using tobacco-hear
Coppock choked Bundrcm to see if Il
was chewing tobacco or bcrrics-hear
there was put up Job on Bqndrem-
heard he did lot smoke or cheW-hear
200 men say he didn't. Witness ow
reputation was best in town. Court di
| missed witness for want Of respect.
~ II. Bancroft called-Obiectcd to {
not sworn. Court considered he woul
not tell the truth any way Heard
cOntract-he had never heard 5000 pc
7 H.. u b..