Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-21

have given due consideration and weight TO
all the evidence produced and the facts and
circumstances pIoven, if there is in your
minds want of an abiding conviction of
the defendants guilt you must acouit If
the killing of Clement Bo.hanley was a
murder. there is evidence tending 10 show
that il was most cruel and weil-ngh fend
ish act, and Il the defendant committed the
act neither her sex or condition can shield
her from the penalty of an outraged law.
The law has clothed this woman with the
presumption of innocence, and before you
can find her guilty that presumption must
be dispelled by the evidence.
In this case the theory and charge Of tie
government is that Nellie Bailey gave the
fatal shot which took the life of Clement
Bothsmly; that she did the deed deliberately
and with reconciliation, and that she had a
motive in doing it, the motive of gain;
purpose Of possessing herself Of the real and
personal property Of the deceased. The
theory of the defense is that the fatal shot
WAS fired by the hand Of the deceased, either
! voluntarily or involuntarily; either by ac-
cident or design These two theories should
receive your most painstaking and careful
investigation in the light OF the evidence.
You are not to jump al conclusions. You
are 10 consider the time, fireplace and all
| the circumstance; the probabilities
and evidence tending 10 support
or overthrow either the one or the other
theory. A very pertinent subject of inquiry
is the existence or non-existence of a motive
for the defendant to commit the crime
charged. for il Is unusual for person to
commit henious offence without some mo-
tive. On this point the prosecution has of
fered evidence to prove that Clement Both
| emily was possessed Of considerable real and
personal property; that previous to his
death the defendant had managed to grt the
real estate into her own assumed name; that
| after his death she recorded the deeds of
conveyance, and had his sheep and other
property and was making her way 20 Texas
with it when arrested. These transactions
| the defendant offers evidence To explain She
claims that BotEomly for certain
reasons desired to put his real
| estate out Of his own name and that in TAX
ing the deed of the ranch she acted under
| his directions, and that the reason for her
| holding onto the sheep aud other property
was that she had an interest in them As part
owner; that she had put nearly three or four
! thousand dollars of her own money into
the property. The defendant OILERS other
| evidences to show that the deceased b, d a
motive and good cause for taking his own
| life. This evidence bearing upon the mo-
tives of the parties and the conduc; Of the
defendant both before and after the death OF
| Bothaniey, as well rs on the night of his
death, are import and demand your careful
| consideration. You are 70 determine
and decide the credibility OF the
witnesses giving evidence in this
case. You have the right to discredit the
testimony Of any witness in whole or in part
if you consider it unworthy Of credit, and in
determining the weight to be given to The tes-
timony of IA witness You may take it into
consideration the interest of the witness in
the result of the case; his means of knOwl-
edge as well rs his inclination to speak the
| truth; the witnesses manner on the witness
stand and the consistency of his story and
any other matter legitimately bearing on
| the crediblity of his testimony. Ii You be
lieve any witness has wilfuty sworn falsely
to any material fact you may discredit his
whole testimony. The law holds that wit
ness who has shown himself capable and
willing to deliberately f:ilsify the facts Is not
entitled TO belief in court of justice, and
You are not compelled To anvlize his te>tl-
mony, separating the false from the true,
but YOU may cast il all aside if You choose
to do 50. Gentlemen you may take the cas-,
and decide it.
The jury retired nj $50 p. m. and Inside o.
fifteen minutes brought III a verdict of moi
guilty. The announcement of the verdict
was received with applause. Mrs. Bailey
then shook hands with each Of the juror
and expressed a desire that they get then
pictures taken in group a. she would lik'
to have it. She was congratulated by al
her friends and many strangers. Her coun
sci were also congratulated.
The following letter handed us ycsterda,
throws some light on the Nellie Bailey case
QUINcY, H., jan. Is. 1855.
| DEAR SIR enclose YOU Il clipping from
the Chicago Tribune which has Just came t,
NV notice. While Nellie c. Baiicy may b
guilty of the crime charged. am in posses
sion of facts which might prove beneficial t,
the defence and which. if she Is innocen
she should have the benefit of, but if guilty
would endorse the full penalty of the law
During Bothemy's trip through the Indn
Territory, met him and his outfit u
the north line of John Blair
pasture some thirty or forty miles Of Cald
well, Has. had talk with the member
Of the party, more especially Mr.. Botheml
| Dltn-eti- III WHICH nc ut-SstOci ny >iChIit--
and suffering, from which he was slowly re
covering. He described his suffering at
hotel, at which he was left. IS intense an
informed me that at times it was such tina
had be been in possession of "a pistol b
would certainly have blown his brains out
Understand me, that | know non
Of these parties personally and have n
object whatever in calling you
attention to this only simply Il a matrer q
Justice to Il human being. live in Quincy
Illinois. am a postal clerk on the II. X =
Joe railroad. Couldn't leave my bushes, I
appear in court, but if this information i o
any importance to yon, can have my depo
sition. Very respectfully,
q. Il. HENSON.