Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-21
NELLIE BAILEY TRIAL.
The Great Murder Tia! =: an End, and
Nellie c. Bailey Walks Forth
a Free Woman
Able Arguments OF Counsel on Either
Side-Thc Judges Charge-The
jury Bring in Verde; OF
Not Guilty in Fiji
teen Minutes.

Not Guilty in Fiji
teen Minutes.
Crowds began 10 gather at the opera house
yesterday long before the hour announced
for the court 10 convene, and before O'Clock
vast multitude were assembled in front Of
the building, crowdins each other agains;
the door in their eagerress to rush IN and
secure seat near the front " hen tie 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.
When Judge Foster raped on the desk
for order, ne gave notice that the most rigid
discipline would be enforced even though it
necessitated an additional force Of bailiiis.
As soon "as the jnrors had an
swered roll call Col. HsIlowell opened
an immense package of letter. 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
that be didn't intend TO consume more than
fifteen OF twenty minutes as he desired to
leave the greater part Of the time allotted to
Col Hallowell He referred to Stanley's as
.ertion, in opening the case, that when the
evidence was all IN there would be found a
great lack Of evidence to es
tablish what the Government
expected to prove. He con,ended that they
had established by their evidence every
proposition they set cut TO prove. He told
the jury it 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-
ed for moment that she really loved Both
emily, he would reccommend an acquiItal.
Bothcmly was not the kind of man 10 inspire
love in such a woman as Nellie Bailey.
He invited the jury 10 follow her career
from 1850, when She first made Bothcmly's
acquaintance ut Mr.. Wcavcr's house. Her
parting with Bailey in Dakota and her meet
ing with Bolhcmly at Emporia; promising 10
correspond with him. Her trip 10 Elgin.
H., and the memorandum mad. in her diary
showed that she loved him then, but her
scandal while at her aunt, house ia Patter-
son, Y. J., and her subsequent alliance with
Reese at Waukcsha showed "a conclusiv"ly
that she had lost that love. He referred to
her letters to Reese, gushing with
exubcrant love- and scauting the
idea that they were all tatfy.
He said that Stanley insisted that she could
not have any motive for gam Ipthe murder,
as Bothemiy conveyed all his property to
her. He maintained that having secured all
his property nothing remained in the way
Of enjoying j; but the deceased. No one
could think that she could look forward
with pleasure to a life with an invalid in the
wilds Of Texas. lie referred to the talk OF
getting divorce ia Tcxas and said II would
have TO be doUblc-barroiied divorce, one
for Bothemly and two for Nellie. lie next
carried the jury to tho blackberry, where
the tragedy occurred, and reviewed what
had been developed regarding events that oc-
Cured on that memorable night Of Oct, s..
He called attention 10 what the doctor said
about the position of the arm as represented
when the body WAS found, claiming ;ha; it
was impossible that the arms could be- in the
position named if he had shot himself in the
way the defense said he did. H claimed
if Bothemly's mind had been wrought UP to
pitch Of suicide he would have sEot himself
in the most natural way and that with the
pistol against his head. he would have blown
the top of his head off. lie thought
il appears that the boys story showed that
he had been fixed. He said that Nellie de-
tailed to Collins the most damnablc lies ever
heard. to-wit: That she was an English girl
and that she and Bothctnly had no friends
in this country. He read one of her letters
10 Reese, and that was sample of the rest,
which constituted chapter in her life. lie
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 cool
business manner she made copy
OF it, that she remained two
or three days in camp after thl
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 Buthcmly's friends would
never have head OF his Heath If She had not
been arrested by the United States Marshal.
She cared for Bailey only for his money, She
cared for Bothcmly only for bis money.
Mr. !. ". ADV, attorney for the defence,
then arose to address the jury. He said that
fairness was Il jewel, that he expected fair
ness from the gentleman who preceded him:
let Us see if h. has been fair. In charge
of the magnitude OF this one, involving as it
does, life or death. the prosecution ought 10
have suggested some intelligent theory as 10
the motive for the awful deed. the theory
tina; this defendant Stayed CIemen; 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 thaory dcduccd from this
evid, nee, and with that theory lie though;
nil would acree:-That Bothemly ed
hi rs .lf II her letter 10 Reese dated at
Caldwell had made any promise TO him tina;
she would return 10 him with $4,000, tha;
would be a theory that has not been shown
What has no, been proved doesn't exist, IS
fair proposition. They had 10 right to drag
in any prejudice, the case should res; on the
law and the evidence, there could be no
yer iict for the government if a reasonable
doubt existed. With ali the power Of the
United States and its treasury 10 hire detec-
tives, they failed to bring forward particle
of testimony before this jury iha; pointed to
the guilt o: this defendant. Everything
showed that he killed himself ANY propo-
.ition not established by irrifras,blc proof I
mus, he ignored by this
jury. Trying t, inpeach her
testimony by putting man on the stand .
who had the impudence to visit her in jail .
70 numr her. ot,-ht TO be Spurned by pysry