The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-11-05
WAITING
FOR THE VERDICT.
The Jury Have the Case in
Their Hands.
INTENSE EXCITEMENT.
The Waiting Throng with
Bated Breath.
Awaiting the Return of the
Twelve.
TIE ATTORNEYS RESTING.
Each Side Confident ofa YER
dict.
Court Notes and Scenes.
TIE ATTORNEYS RESTING.
Each Side Confident of a Yer
dict.
Court Notes and Scenes
From Wednesdays Daily.
Fifteenth Day.

From Wednesdays Daily.
Fifteenth Day.
This Is the closing day of the great
Walkup murder trial and the crowds in
and around the court house even exceed
ed those of yesterday. Court opened at
Q O'Clock and the Hon. Thos. p. Fenlon
continued his speech which he began
yesterday afternoon he read several sec
lions of the Judges instructions to the
jury and then advanced three theories
as to how Wslkup could have obtained
the arsenic, which undoubtedly caused
his death, other than at the hands
of the defendant. The first was
that Walkup might have taken il
himself. The second. that Mary Moss
the cOlored servant girl, might have adj
ministered 1t to him, and third, that
there was possibility of its being given
by Libbie Walkup. He then ar ued at
length in substantIation of these
theories. He also claimed that not
withstanding the evidence of the ex-
perts, j. r. Wslkup was rotten and
putrid with disease at the time of his
death. The speaker elaborated on the
fact that no motive for the CON-
mission of the murder had been
shown by the prosecution and
he soOffed at the idea of Mr.. Lambert'e
talking about the beloved and honored
Citizen" when the person referred to
had been the boon companion of such
man as Morton, and who had hired two
physicians in this city to treat Iewd
women for venerial diseases.
Col. j. w. Feighan, the county attOr.
ney, came next, to make the closing az.
gument in the greatest murder trial Kan.
sas has ever known. He began by say
ing that he was not there from any sense
of sentiment, vengeance or fer money
but in performance OF his sworn
duty as prosecuting attorney
for Lyon county. He said he
did not seek The flood of anyone, but
he did want justice done, and if the
facts as disclosed by the evidence did
not prove beyond a reasonable doubt the
guilt of the defendant, no one would be
more glad TO see her go free than
himself. He complimented the jury
on the close atsention they had given to
all the evidence and arguments during
the past two weeks, and then began to
| go over the case. not a witness who had
testified in behalf OF the defendant es-
capped mention, and he did not
hesitate to denominate the majority
as perlurers purchased by VIM. jays
money. When he came to VIM. jay,
Mr. Feighan said hethoug ht Mr.. Jay
an honest man, who would not tell an
untruth II he knew it, even to save his
own life; but. in order to account for
the strange testimony given by Mr.. Jay
IN this case, he would advance theory
which was clear to himself and he hoped
to make 1t appear 30 to the jury. He
SAID that it was absolutely necessary to
the defense in order to substantiate the
arsenic estIDg theory they had
adopted to have some man
here in Emporia who had
seen WaIkup take arsenic, and after
hunting high and low for such a person
without success the idea had SO utterly
taken possession of Mr.. jays mind until
he had dreamed the scene in his lumber
office where Walkup came IN and, Dor
rowing jays knife, had taken
a dose Of arsenic, and that this halIuci.
nation had so taken possession of the
latter's mind that he firmly and truly
believed it to be fact. Here Mr.. Jay
interposed with the remark, us
that in evidence?" Mr. Feighan
replied, mo, but it's pretty
good theory" Now the speaker
went through q detailed account of all
the suspicious circumstances surround.
ing the death of. R. Walkup and the
actions of the defendant before and since
that occasion. Mr.. Feighen made a
vivid presentation of these circum-
stances, and prominent attorney inside
the bar remarked to the NEWS repre-
sentative Just before the conclusion of
the speech, He drove the facts home
pretty hard, sure" In closing, Mr..
Feighan demanded of the Jury that in
view of the evidence they return . YER
dict of guilty of murder in the first de-
gree.
Judge Graves then said to the jury:
Gentlemen of the Jury: You have
now heard all the evidence in this case,
the arguments OF counsel and the in
stEuctions of the court. / will now give
you two forms of q verdict, and
copy OF the instructions which
you win take with you to the jury room
and there. after careful elaboration and
: weighing OF the evidence you have heard,
you will return one these forms of YER
dict.
After the court room had been cleared
the Jury retired TO their room IL
: charge Of the bailif. After remaining
! there few moments they were taken q
: the Park Place hotel for dinner, In al
probability without taking q vote.
L 10 O'CLOCK p. M.-As We 60 TO pres
: the jury is still out, and this fact in
+ creases the suspicion that they ca1no
; agree. The court is gong on with tn
8 regular routine WORK The sheriff in
Z forms our reporter that the gentlemeI
4 comprising the jury are extremely quiet
ILATER-Judge Graves informs on
t reporter that the jury will be taken &
Z the hotel, and will not be called unit