Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1884-10-10
DISTRICT COURT.

The district court began today's pro-
ceedings yesterday morning at 10 O'Clock.
A verdict Of not guilty was returned in the
case of the State against 4. Horner, men
toned in yesterdays paper.
The case of the State against james Nc
CURE was taken up yesterday morning:
County Attorney Dale prosecuting, and
Stanley & Wall representing the defense.
The Indictment charged that the defendant,
James Mcclure, did on the night of July
26th last, stepl span of horses, spring
wagon and set of harness from the premi-
ses of Alexander Pease in Waco township,
this county, about five miles northeast OF
Clearwater. Considerable time was con-
sunied in examining the jurors TO deter
mine whether or not they were preJudiced or
had formed an opinion in the case. After
Mr.. Wall had excused eight of those called
the following were accepted w.
Bates, William Dalton, y. A. Herrig, q. w.
Lamar, NJ. 5. Rochell, {. NJ. Garrison, j.
w. Hinton, Harry Roberts, NJ, Tremain,
Thomas Jewell, James Mcmillan and V.
Manderville. Mr.. Pease was the first wit
ness called. Mcclure 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 Pease went to
see man named McGoying who was dying
He did not sec MCGUIRE again until his ex-
animation before Justice Hobbs. On the
night of the 26th the team was stolen and he
had not seen them since. His testimony
was very indefinite. VIM. Morehouse was
the next witness called, and testified that
two Young men had worked this team on
the grade of the St. Louis, TT. Scott x
! Wichita railroad, and that they said the
team belonged to 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 indefi-
mite and proved nothing. Mrs. Pease and a
hired girl were put upon the stand and gave
some circumstantial evidence of more or
less weight. The girl had been stopping al
the house of Mr.. Bosley, about mile
from Mr.. Peas house. A 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 q
Young man who was with him hired team
from him on the night in question to driv.
short distance in the country. They die
not return that night and the team wa
brought to Mr.. Cooper's barn in this city
next morning Mr.. Read is a partner o
Mr.. Cooper.
The evidence WAS altogether of a circum
stantinl nature, nobody having seen tn,
team in the possession of tie defendant, ant
the team not having yet been found. Th'
defense offered no testimony, relying upoi
the insuficiency of evidence pr esented by tn
state to convict. At p. IN. the county at
torney rested the case.
The State waived the opening argumen
which compelled Mr.. Wall, very mucl
against his will, to make tine first argumen
in the case. The court allowed Mr.. Wal
one hour and the State forty minutes Il
which to present their arguments.
Mr.. Wall referred to the unwillingness
the county attorney TO make the openln
argument and said it was an evidence of tn
weakness of the case on the part the State.
Mr.. Wall made q very able argument G
about an hours duration, handling the cas-
in very able manner. Mr.. Dale then fol
lowed in q very cool and able argument G
about half an hour. Judge Sluss then charg
ed the jury, after which they retired and a
ter about an hours deliberation brought il
q verdict of scquittal