Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1885-01-23

Compei MIN TO come, sne Clunt nun 10 take
her to the ranch and tell that she was his
sister, she could not compel him to do that.
He tells her his troubles, and wanted
her to engage 10 become his wife.
He presents her with rich jewelry and fin
clothes that had belonged TO the woman who
died; nothing could be more natural than
they should confde in each other, their ex-
periences being very similar. The learned
counsel then entered into the details of de-
PENDANTS travels east and said that the gov
ernment's own witnesses proved she had the
jewelry and sne clothes there. He referred
to the arrangements for divorce and mar
riage in Texas, and cited the circumstance of
Bothemly's telling the boy Vetter that he in
tended to 60 to Mexico or Texas as evidence
that he wanted to get away from friends and
out of the reach of his English wife. He
referred to defendants fiasco in Wisconsin
the mock marriage and the letter she wrote
to Reese, and characterized them as n tissue
of falsehocds. If writing foolish letters was
a capital otfense, he asked what would be-
come of our statesmen. Here there was a
roar of laughter, which caused the court to
say that if any such demonstrations were re-
pcated he would be obliged to have the par
tics removed from the house-this was no
political meeting. Mr.. Ady on order
being restored continued to detail the rela-
tons into which Mrs. Bailey entered at the
instance of Botheinly. He went to meet her
at Newton and brought herto his ranch at
Ii o'clock at night and introduced her to
his employees as his sister; he originated all
the deceptions practiced by her; it was
all his scheme to get all his goods out of the
reach of the woman in England. Mr. Hatton
referred to her fine acting but it was plain
she couldn't get thu deeds without his con-
sent. He referred to the mask she wore
saving there good reasons for 1t,
as she was going 10 pass
through country where so many
knew her. He followed them to Mt. Hope,
and alluded 10 the fact testified to by DIR.
Dwight, his wife and Miss Hull, the fact of
her insisting on his going by train 10 Texas,
disproved the theory of her intention to
take his life. He traced them through the
Indian territory and stopped at the scene OF
the tragedy a; blackberry creek, related how
she insisted that the car should be moved on
to where the sheep were. or the sheep
brought back to the car; this was proven by
testimony which fact did not support
the theory that she intended to
take the life of Clement Bethemly that night.
The testimony of the boy brought here as a
witness by the government showed that she
said she was afraid to ren ain with Bothemy
alone in the car that night SO far away from
any other person en- tina. wild prairie with
the wolves bowling around and the invalid
in pain The learned gentleman then invited
the Jury into the car. He drew vivid pie
ure of Bothemly suffering in pain,snd under
the influence of morphine, described how he
! would be likely to feel when Mrs. Bailey
being tired and exhausted sunk
to sleep, the poor man in pain
and suffering from remorse Of conscience
on account of his treatment Of his family in
England, how his mind would probably re-
vert TO the death of the woman and little
babe in Newton, under these circumstances
what more natural than TO put an end TO his
troubles in that lonesome prairie. The
painting of this awful picture, more awful
than pen can paint it, made a profound i'm
preston upon the audience, all were deeply
moved Women, and even strong men,
were moved to tears. His picture
of the fright of the defendant under
the circumstances, her jumping out of the
car and running wildly over the lone prairie
IN that solemn hour of the night when
wolves howled around her until she found
the boys, was masterpiece of word paint
ing and won for him the admiration of all
who heard him. Lack of space will not
permit US to follow him through all his able
argument. He began at the end of the
thread OF that ball of evidence and un-
ravelled it inch by inch, and dwelling Oh
every important feature of the case as be
went He trsversed the whole of that
complex case and laid it bare before the
jury az he went. He closed in an eloquent
peroration and left the impression upon the
minds of the jury and the audience that
Nellie Bailey was innocent of the murder of
Clement Bothamley.
The gentleman was followed by Mr.. W.
Z. Stanley, his colleague, into the details of
whose mastery argument we were unable to
go. He addressed himself in solemn and
Impressive words to the jury, calling their
upon them. His colleague having
gone so thoroughly over tie whole ground
left him unable to say much in the time at
his disposal. The power of two govern
ments, he said had been brought into play
in this case, they employed inscriptions
detectives 10 search this broad land from the
Atlantic to the Pacific, from Georgian bay
to the Gulf of Mexico, in order TO scrape up
some circumstance to blacken the name of
this defendant, had dragged in this man
Reese and had Systematically gathered
everything that might influence or prejudice
minds of the people against her, this was
unfair. They will not ditclose their theory
until the mouth of the defense is closed. Ia
a case of this kind, the first question to
consider is the motive. Every particle of
evidence should be viewed and weighed in
the light Of the motive. The motives in
all such cases must be either gain or re-
venge. Nellie Bailey could have no motive
for gain in this case, because Bothamly had
already put all he possessed in this world
into her hands. Admitting the very worst
relations to exist between them, the lack
of motive must be apparent. She
had $500 interest in the property
herself, they were not worth much over S4,-
900, therefore she had little to gain by get
ting possession Of them all and his real estate
had already been made over to her, there |
fore no motive of gain was apparent. He
secuted the idea of the theory Of revenge
on the ground that their conditions were
NtlN tDth lloubitr Nv
erything in his life was consistent with the /
idea thai such man as B0themly would I
choose such woman as Nellie Bsitey FOR a |
confident. He caught all points omitted by his |
and displayed marked abili-
ty in presenting it to the jury in the most
pointed form. He referred to Mrs. Bailey's |
evidence on the stand for two hours and |
hat notwithstanding the power of the Brit
sh association and the British government /
behind our own government had failed TO
mpeaoh a word she said or to bring forward
a single circumstance to stain her character.
That man had gone all over the country
with the power of two govern
nents behind him in search 81 something
o blacken her life but had utterly failed.
he then referred to the circumstances of the
Silling, making some points not touched be-
ore and closed in a short, pointed and beau
iful peroration.
Thus closed the defense, which clearly in
Heated that Newton and Wichita possessed
wo great lawyers. They manifested by their