The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1880-04-08
ssNOT GUILTY..


but short time. IL the LAWYERS had only mad. il a
point at ISSUE have doubt that the jury would
nave also included in their verdict that Sykes
not dead 1t Is the misfortune of lawyers, that
they DO not always know when they have good ju-
ry The jugglery Of law, and the state of public
sentiment is such in Kansas that it is next to mpos-
sibie TO convict a man of murder. Let a man be
charged with DEMONSTRATING, and he is almost nva-
riably convicted, whether guilty or not but human
lie Is Of little consequence compared with horse
nesh. OF the many murders committed in Doniphan
County, in the last twenty years. there has been but
one conviction, and that was a poor, miserable
wretch, who was afterwards adjudged insane, and is
now having good time at the Osawatomie Asylum.
The rules of evidence to be constructed for the
purpose of preventing the truth from being told and
tho charge OF Judge, designed to middle and con-
fuse jury As to the lawyers, they paid for do
ing the best they can for their clients and when
the evidence will not bear them out they make it up
by abusing the witnesses, and manufacturing evil
dence in their address TO the jury.
That Mcintyre committed brutal. murder, that
deserved verdict Of at least murder in the sec ond
degree, no one who is unprecedented can doubt. In
the early part of the past Winter, he was in Sever
ance, if not in company with, at least at the same
time as, several young fellows who arrested On
charge of crime misdemeanor, and lodged in the
calaboose. George Mock Marshal, and Joseph
Sykes WAS his deputy. At late hour of the night,
Sykes was returning from the calaboose, VIII en- he
saw stranger prOwling around. He asked him
what he doing there and received an ev asive or
insulting answer. Sykes then ordered him to leave
but the stranger refused and continued his insult
ing language Sykes thereupon caught hold of his
arm, telling him that he was under arrest; but the
stranger, jerking loose, left his coatseev in the
hands of Sykes and his hat lying on the ground.
This stranger was Ira Mcintyre. He was under ar
rest by the Deputy Marshal, and escaped The Mar
shal was perfectly justified in arresting him. There
were prisoners confined in the caIaboose under the
care of the Deputy Marshal. lie found n stranger
whom he supposed to be companion of the priso
hers, prowling about the calaboose at the midnight
hour of very dark night He had right to know
that mans business, and to order him away from
that place The prowler refused go, answered in
sultingy and asserted his right stay there as long
as he pleased. If an officer has right to take
a man into custody, Sykes had that right then.
Early next morning, Mcintyre put in an appear
ance, and demanded his hat and cOatsleeye of Mar
shal Mock. The Marshal gave him his hat, but told
him lie knew nothing of the coat-sleeve. Mcintyre
then went to the residence of Sykes (this Sun
day morning.l and found him in bed. He asked for
his coatsleeye. Sykes told Lin he did not have it.
Mcintyre returned insulting answer, aud one
word after another led to Sykes getting out of bed
and taking hold of Mcintyre either for the purpose
of re-arresting him, putting him of his house.
scuffie ensued, but finally Mcintyre broke loose,
and ran some distance away. Sykes was a large,
powerful man, and the plea set up that he ham
mered and bruised Mcintyre. But be it understood,
that Sykes in his drawers and his bare feet and
could not have had a deadly weapon about him
and also, that after the final killing, careful
ination failed to show q bruise or q scratch upon
Mcintyre. But at this point we find that Mcintyre
had escaped unframed from Sykes Sykes had re-
turned to his porch, unarmed, and Mcintyre had
not the slightest cause for thinking that he in
danger of great slight bodily harm. He then |
drew his knife. anda again went toward Sykes, who in
turn started toward Mcintyre, motioning him away |
with his open hands, and bidding him go back. Nc |
lntyre continuing to advance, Sykes seized hold Of
him, when Mcintyre thrust the knife into his heart
and Sykes fell forward upon him, dead. Mcintyre |
then made the remark, THAT lick fixed him :" And |
this man sworn jury has pronounced not guilty |
that he acting in selEdefence-that he had rea-
to believe himself in danger of great bodily |
harm! This man, who, when out of danger, drew |
his knife, and advanced upon Sykes, for the purpose
of renewing quarrel!
The cewardce shystering, and evasiveness of wit
nesses, were disgraceful Men who swore positively
TO facts before the COroners jury and upon the first
trial, forgot all about it the second trial, and
could not be brought to the scratch. Men who |
knew nothing about the affair at the time of the first
trial. became important witnesses for the defendant
the last trial. That Sykes was stout, rough
man, there seems to be no doubt. But there is in
the vicinity of Severance, set of as brutal rufans
as can be found in any community. 1t required |
rough officer to cope with them. Such men always
hate an officer of the law, and will combine to
$40 tn st him in lao al
eeedings. Only short time before Sykes DEATH he
was contending with of this crowd of ruffians,
and in the struggle they had fallen to the ground,
when of the roughs seized huge stone, ran up
to Sykes as he lay upon the ground, and threw it
with all force against his head, almost crushing his
skull. Yet on the trial Of the assailant, men who
witnessed the deed had not the courage to testify to
the facts but evaded it by miserable subterfuses,
and the criminal was as usual, found mot guilty"
This crowd were present in force at the Mcintyre
trial, doing all in their power to prejudice public
opinion, ready to swear anything in favor of hcin
tyre or to testify to Sykes bad character, if they
had been permitted. OF much the caution of
the Judge to the jury, not to converse relative to
the case or listen to any conversation upon the sub
jecti Why, there not an hour in the day, when
the jury at liberty, but that they heard this
crowd buzzing about the case, abusing Sykes. and
George Mock, aud every the side Of the pros
ecuton. Even men who should have been in bet
ter business, and who stand high, gave themselves
to this business of slurrng and sneering and max
ing utterances that would reach the of the jury
men. The selection of the jury itself was farce.
One of them was taken from the very midst of the
ruffian crowd above spoken of. Yet he not
prejudiced, and had not formed opinion. Others
had doubtless talked of the affair hundred times
before they were drawn on the jury. Men showed a
disposition to stick on the jury who had taken an
openly active interest in behalf of Mcintyre The
very manner of drawing and selecting jury in such
a case is injustice. They are drawn by lot, and
may half of them be taken from among those inter
ested in the case, from under their influence.
Suppose thirty drawn jurors, matter how earnest
their feeling in the matter have the impudence to
swear that they have not formed nor expressed an
opinion. The State then has right TO reject only
six of them, and the defendant twelve. No matter
if both the State and the defence positively know
that the remaining twelve not competent to serve
on the case, they have no remedy as the men have
sworn to certain questions. They are compelled, in
rejecting pick such they think the worst leav-
ing on twelve that may be almost equally objection
able They should have the right to reject as long
as an Objectionable man was there, if it took the