Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1885-01-23
Concluded From First Page.
NELLIE BAILEY TRIAL.
The Great Murder Trial at an End, and
Nellie c. Bailey Walks Forth
A Free Woman.
Able Arguments of Counsel on Either
Side-The Judges Charge-The
Jury Bring in Verdict of
No, Guilty in Fiji
teen Minutes

INV AZ Shai &C.
Jury Bring in Verdict of
Not Guilty in Fiji
teen Minutes.
Crowds began to gather at the opera house
yesterday long before the hour announced
for the court TO convene, and before clock
vast multitude were assembled in front of
the building, crowding each other against
the door in their esgerness to rush in and
secure seat near the front. When the doors
were thrown open men and women crowded
each other, some being knocked down in the
scramble. When court convened the crowd
surpassed in extent that of the preceding
day.
Whoa Judge Foster raped on tho desk
for order. he gave notice that the most rigid
Giscipline would be enforced even though il
neeessitated an additional force of bailiffs.
As soon as the jurors had an
'wered roll call Col. Hsllowell opened
an immense package of letters and other
papers that had been offered in evidence as
the testimony Of witnesses at the preliminary
examination before Commissioner Shear
man.
Assistant District Attorney Charles Hat
ton then confronted the jury and opened the
argument for the prosecution. He stated
thst be didn't intend 10 consume more than
fifteen OF twenty minutes as he desired TO
leaye the greater part OF the time allotted to
Col. HGllowell. He referred to SANKEY'S as
sertion in opening the case, that when the
eyideDoe was all in there would be found a
great lack Of evidence to es-
tablish what the Government
expected to prove. he coniended that they
had established by their evidence every
proposition they set out to prove. He told
The jury II was most important they should
examine well and carefully the evidence in
the case. The theory Of the defense was
that defendant and Bothemly fell in love
and arranged to 90 to Texas. If he suppos-
cd for moment that she really loved Both
enly, be would recommend an acouittal.
Bothcmly was not the kind of man to inspire
love IN such woman Us Nellie Bailey.
lie invited the jury to follow her career
from 1850, when she first made Bothemly's
acquaintance at Mr.. Viewers house. Her
parting with Bailey in Dakota and her meet
ing with Bothealy al Emporia; promising to
correspond with him. Her trip to Elgin.
IL, and the memorandum made in her diary
showed that she loved him then, but her
scandal while az her aunt's house in Patter
son, y. J.. and her subsequent alliance with
Reese at Waukesha showed as conclusiyely
that she had lost that love. He referred 10
her letters TO Reese, gushing with
exuberant love, and scouting the
idea that they were all taffy.
He said that Stanley insisted that she could
not have any motive for gam in the murder,
as Bothemly conveyed all his property to
her. BE maintained that having secured all
his property nothing remained in the way
could think that she could look forward
with pleasure 10 life with an invalid in the
wilds Of Texas. He referred TO the talk of
getting divorce in Texas and said II would
have to be double-barrelled divorce. one
for Bothemly aud two for Nellie. He next
carried the jury TO the blackberry, where
the tragedy occurred, and reviewed what
had been developed regarding events that oc-
sla. l. n
He called attention TO what the doctor said
about the position Of the arm as represented
when the body WIS found, claiming that il
was impossible that the arms could be in the
way the defense said he did. He claimed
if Bothemly's mind had been wrought up TO
pitch Of suicide he would have shot himself
in the most natural way and that with the
pistol against his head, he would have blown
the top Of bis head of. lie thought
II appears that the boys story showed that
be had been fixed. lie said that Nellie de-
tailed TO Collins the most damnable lies ever
heard, te-wit: That she WAS an English girl
aud that she and Bothemly had no friends
in this country. He read one of her letters
to Reese, and that was a sample of the rest,
which constituted chapter in her life. He
reviewed her department during the burial.
While The coffin WAS being made of rude
boards, she was writing letter TO the regis |
ter Of deeds at Newton, and that in a cool, /
business manner she made copy
Of hat ha
or three DAYS in camp after the
burial, planning how or where she could sell |
the sheep, that done she would sell the land |
and then everything being turned into cash
she could return to Reese with the $4,000 |
she spoke about when she left him in Wis
consin. He said B0themls's friends would |
never have head OF his death if she had not |
been arrested by the United States Marshal.
She cared for Bailey only for bis money, she
cared for Bothemly only for his money.
Mr.. j. W. Ady. attorney for the defence,
then arose to address the jury. lie said that
fairness was Jewel, that ne expected fair
ness from the gentleman who preceded him;
let Us see # he has been fair. In charge
of the magnitude Of this one, involving as it
does, life or death, the prosecution ought to
have suggested some intelligent theory as to
the motive for the awful deed, the theory
that this defendant stayed Clement Both
emily in order to enjoy herself with Robert
Reese, was too absurd, the intelligence of
such theory was not made manifest. There
could only be one theory deduced from this
evidence, and with that theory he thought
all would agree:-That Bothemly Stayed
himself If her letter TO Reese dated al
Caldwell haG made any promise to him that
she would return to him with $4,000, that
would be a theory that has not been shown
What has not been proved doesn't exist, is a
fair proposition They had no right to drag
in any prejudice, the case should rest on the
law aud the evidence, there could be no
verdict for the government if reasonable
doubt existed. With all the power of the
United States and its treasury 10 hire detec-
tives, they failed TO bring forward particle
Of testimony before this jury that pointed to
he guilt Of this defendant. Everything
showed that be killed himself. Any propo-
5ition not established by irrifrsgibe proof
must be ignored by this Q
Jury. Trying to impeach her
by putting man on the stand
Sho had the impudenee to visit her in Jail
o pump nor, ought 10 be spurned by every
honest juryman. As a sample OF the fair
less Of the prosecution, be. said that after
searching the United States for proof against I
Ter and failing, they had administered slap 9
n the face by forcing her TO tell that her U
brother was in the pcntentiary. 1t is sutf
,ient for the best of us TO bear our own bur-
len. IL is sometimes necessary TO convict
IN eircumstantial evidence, it is impossible e
otherwise to Convict sometimes, but such Y
.ircumstantai evidence ought to n
mount 10 absolute proof
nd leave no shade of doubt in the minds of D
he Jury you cannot be satisfied with less %