Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1884-10-09
DISTRICT COURT.

The district court began todays pro-
cecdings yesterday morning at 10 O'Clock.
A verdict of not guilty was returned in the
case of the State against L. Horncr, mem
toned in Yesterdays paper.
The case of the State against james Nc
CURE was taken up yesterday morning.
County Attorney Dale prosecuting, and
Stanley n Wall representing the defense.
The indictment charged that the defendant,
James McGurc, did on the night of July
10Th last. stcul span of horses, spring
wagon and Il set of harness from the prcmi-
scs of Alexander Pease in Waco township,
this county. about five miles northeast of
Clearwater. Considerable time was con-
sumed in examining the Jurors TO deter
mine whether or not they We're prejudiced or
had formed an opinion in the case After
Mr.. Wall had excused eight of those called
the following We're accepted W.
Bates. William Dalton. \. \. Herrig, &. W
Lamar, VI. :. Rochell {. NJ. Garrison. !.
W. Hinton. Harry Roberts. NJ. Treman.
Thomas Jewell. james Mcmillan and Y.
Manderville Mr. Peasc was the first wit
ness called. McGuire had worked for him
fifteen DAYS and quit work July 18th on the
next morning Mr.. Pease drove Mcguire to
Clearwater. and they had some CONVERSE
ton on the way about the team. They
had some drinks in Clearwa-
ter after which Pcase went 10
see man named McGoving who was dying
He did not see Mcclure again until his eX-
animation before Justice Hobbs. On the
night of the Goth the team was stolen and he
had not seen them since. His testimony
was very indefinite. VIM. Morchouse was
the next witness called, and testified that
two Young men had worked this team on
the grade OF the st. Louis, TT. Scott II
Wichita railroad. and that they said the
team belonged 10 them. This was not in
tended seriously. He described the wagon
tracks that he saw next morning near Mr..
Peas barn. The evidence was very indef-
mite and proved nothing. Mrs.. Pease and a
hired girl were put upon the stand and gave
some cireum,tantial evidence of more or
less weight The girl had been stopping al
the house of Mr.. Bosiey. about mile
from Mr.. Peas house. \ young man.
whom she described. called at the house
about ten O'Clock the night of the stealing
and inquired where Mr. Pease lived. She
said there was another man IN buggy out
side. Mr.. John Read, liveryman Of Clear
warer. testified that the defendant and
Young man who was with him hired team
from him on the night in question TO drive
short distance in the country. They did
not return that night and the team was
brought to Mr.. Cooper barn in this city
next morning. Mr.. Read is partner OF
Mr.. Cooper.
The evidence was altogether Of circuu,-
stan,ial nature, nobody having seen the
team in the possession of the defendant. and
the team not having vet been found. The
defense offered no testimony. relying upon
the insufliciency ofevidence pr eSented blythe
state TO convict Al 7. m. the county ai-
tornev rested the case.
The State waived the opening argument
which compelled Mr.. Wall, very much
acains; his will. to make the first argument
in the case. The court allowed Mr.. Wall
one hour and the State forty minutes in
which 10 present their arguments.
Mr.. Wall referred to the unwiilingnesS ot
the county attorney TO make the opening
argument and said il was an evidence Of the
weakness of the case on the part the State
Mr.. Wall made very able argument ot
about an hours duration. handling the case
in VERY able manner. Mr.. Dale then fol
lowed III IA very cool and able argument Of
about half an hour. Judge SlGss then chare-
ed the jury. after which they retgred and al
ter about an hours deliberation brought in
a verdict of acquittal