Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-16
PROCEEDINGS OF THE COURT YES
TERDAY.

witnesses for the government. The defend
ant himself was the only witness for the de
Tense. Mr.. j. ID. Houston appeared for th,
defense, and made very commendable effor,t
in behalf Of his client
At lilo the attorney for the defense rest
| ed his case, the court charged the jury il
substance as follows.
4 certain COW described had been stoler
and Drury Warren claimed she was hi,
property The question for the jury Il
determine was the ownership of the proper
t.. The jury were the sole Judges as to the
probability of the witnesses; their motives
interests and the influences under which they
testified; the defendant in all such action:
necessarily has a deep interest in the case.
The jury retired at ll:2O and in twenty
minutes returned a verdict Of guilty as
charged in the Indictment.
The murder case Of the United States vs..
Robert Perry was then called, but owing TO
10 the absence of material witnesses, who
were expected to arrive at noon, the case
was laid over until after noon. Court then
adjourned until l:S0 p. m.
Afternoon Session-When court recon
vened as per adjournment, Mrs. Nellie c.
8aily, charged with the murder of Clement
l.. Bothemlv, came into court in charge 81
an officer and accompanied by three female
relstiyes-Mrs. ID. c. Dickncr, of New York
Mrs james Taylor, OF Elgin, H., and Mrs
Eugene -, of Waukesha. Wiscon
The appearance OF Mrs. Bailey in court
caused a fiutter Of interest in the court room
all present being eager to get good look
at the pretty little woman, who is widely
known il this country, and whose fame HIS
been hcralded all over the land in conEec-
ton with the death of Bothemly. Geo. F.
Banthusen, father Of the accused. u plain
looking man about 80 wears old, dressed in 4
very common suit with a Grand Army
badge prominently displayed on the left
breast Of his coat and having gold HEADED
cane in his hand, was present, as was also
Mr.. Ant hem Bailey, brother-in-law Of tn,
suit of plain black and wore 1
fur cap. She is peti. brunette
Of splendid form, small forehead
high check bones, long jaw, thin lips, firm
chin, medium nose, low at the bridge, dari
hazel eyes, rather frank in expression. Hel
figure Is well developed, and her movement,
graceful. She has black hair and strongly
marked eyebrows; her carriage is disniiiet
and altogether she might be called yer,
progressing young woman about % year
old.
Just before a panel was called in Der case
the jury in the Thurman Smith murder case
who had been out since ) O'Clock the pre-
vioUs evening, came into court with a yer
diet Of justifable homocide The jury wer,
discharged and at $50 p. m. twelve jurors
were called in the Nellie Bailey case
Stanley X Wall. assisted by ]. ". Ady,
of Newton, appeared for the defense. Dur.
ing the examination Of the jurors a TO their
competence to impartiaIly try the case, The
defendant sat near the her counsel, with her
father BY her side and closely scanned the
faces Of the jurors, consulting frequently
with her counsel, also with her father who
also manifested deep interest in the pro.
eeeding and carefully studied the faces OF
the men who were TO condemn his interest.
ing daughter or set her Tree.
The examination o. the jurors wa.
conducted by Col. Hallowell and
Mr.. Stanley with the greatest care
and scrutiny. Twenty-Five jurors were cx-
cused and the venirc exhausted without an
acceptable panel being secured. Court ad-
iourned al $50 to meet at this morning.
1t is doubtful if satisfactory panel can be
installed before noon to-day.
As great interest centres on this case, for
the benefit of those of our readers who are
unacluanted with the parties and the trag-
eds. We append a short sketch of the life OF
the defendant, which, if all told would stand
out out rs one of the most romantic and
eyentful female histories recorded in this
country. 1t rivals fiction in eagerness Of in
tercst and in marvellous ciimaxcs puts
fable To the blush. In vain We ransacl for
ign romance for more marvellous career.
nor do We find abroad life of more event.
f'ul incidents. The most romantic it will
match; In rapid succession of events. the
most wonderful it will parallel.
Nellie c. Bailey, nee Nellie c Banthusen,
was born of humble parents in McHenry
county. H.. in the year 1861 and Is now be-
tween 2S and "a years old. Her father was
4 mixture of farmer and Carpenter. In 1871
The family emigrated to Kansas
and settled in Harvey county about
five miles from Halstead. Nellie,
the subject of this sketch, then in her tenth
year. accompanied them to their western
home. and remained under the peteraal roof
for a period Of seven years. or up until five
wears before the tragedy which has made her
name famous. At this time she went 70 live
Al Newton, the county sea; Of hir adopted
county. There she became acquainted with.
and soon after married n money broker
samed Shannon Bsilcy, August 10Th, 1879.
soon after the marriage her husband opened
I bank al Canton. Kansas. which he soon
.fter sold. and they moved 20 Kansas City.
No. From there they wen; to san Francisco,
md Travelled over most Of California. Oregon.
" ashingtou Territory and Dakota. They
hen returned TO Kansas City where they
'emaincd some time, returning again to Da-
,ota. where they separated August 25;h.
ISS2. ~ that time Mrs. Bailey states that
le7 husband gave her $1,000. She then
'ame back To Kansas and visited short
irac 81 her fathers house. After the scpa-
alton she had no correspondence with her
husband and saws that the last she heard Of
i'm was that he died in Dakota. About
his time she ne; Clement Bothemly a; En-
'oria, Kansas, with whom she became in;i-
la;e and she alleges that she MAS
LEASED with him and that they en-
cred into some arrangement: that
hey agreed to correspond and that she then
rent 10 Chicago, thence 10 Elgin, H.. to see
-iends. that while there she received let
r from BOthemly, requesting her TO return
, Kansas; that she started back and met
ir. Botheraly a; ST LOUIS; they came back
; Sedgwick county. Kansas, and wen, on:
, Mr.. Bo.hemly's ranch. about one and
alf miles from that town; that al bis reques:
le assumed the name of Bertha NJ. Both
My and passed as Mrs. Rs sister. Abou,
ctober Isl. lSS2, she Jeff the ranch and