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

take lLe great TASK tnaI II eF Dau uuuefta-
ken. They succeeded in removing noun
tain of prejudice that had grown around
their client in consequence ofthe case having
gone the rounds ofthe press, and at every
turn augmented by some fellows story.
Court new adjourned till two P. M,
when Colonel Hallowell viii begin
his closing argument which is look
ed forward to with great interest al
though at this moment every one feels con-
fdent of an acquittal.
Precisely at , p. m. Col. Hallowell began
biz great argument and for an hour and n
half poured for argument and law. Begin
ming at the beginning, he took up the thread
of this woman's life and traced her TO the
time Of her arrest. He had no feel
ing in the case but simply was there
to do his duty according to his oath
and in the interest Of society. The jury he
said had the same sworn duty to perform.
We have 10 perform our duty under the
constitution. You stand between the de-
fendant and death; your duties have been
arduous during this long and tedious trial.
There has been no feeling manifested on
either side. You are here to determine
whether or not Nellie Bailey is guilty
Of the murder Of Clement Both
emily The usual order in murder
cases is 20 90 TO the place Of the homocide,
bat in this case there Is something back of it
that must be brought up. There were many
things admitted or all sides and will
70 over the points that Mr.. Ady missed. He
then began with Nellie's life in 20, when
she married Bailey, followed her til! her sep
sr,.tion in Dakota and said he wouldn't deny
that she got the $1,000 He Traced her then
until We find her, to use a cant phrase, broke
and pawning her jewelry in New
which i was no; denied she did do. He fol-
lowed her up to prove the proposition that
she had not dollar invested in the sheep.
He followed her TO Bothenly's ranch. He
called attention to Viewers testimony with
reference ~ the number of sheep Bcthomly
owned and said that he was in position to
be familiar with his business. He followed
her to Wankesha. Wis, and referred to the
marriage with Reese, showed the marriage
certificate to the jury ard MAIN
tanned that il was legal marriage
and that the defendant according to her own
testimony was guilty of bigamy and might
BE- convicted of that crime. Her and Reese
might treat it lightly but if ,hs didn't think
it amounted to anything, why did she write
feom the Jail at Topeka 10 Reese to write 4
letter to Newton to say they had not been
married to help her ont Of this case. lie
referred TO the loving letters from her and
Reese and said that if Reese had been
the man in Bothainly's place !,
would be seen that his letters
contained as strong and endearing terms ms
that from Nellie to Mrs. Austin. There had
been smooth work done fixing the defense
in thi. case Our theory is that defendant
killed BotEamlv. The able and eloquent at
turney for the government went on to estab-
lish this proposition. and his argument APP
/
all the deceptions practiced by defendant
Her and Bothamly coming TO Wichita and
representing themselves in the deed 10 be
man and wife, not brother and sister. HI,
| decd made baci. again from Sara a. Laws t.
Bertha Bothcinly, changing the date of th'
iced etc. Ia the silence of your minds II
tic i;irv room inquire what made her add t.
| her o:Err crimes that of forgery. Accord
| ina - the testimony of the defense She
owned I'll Bothemly had in the world n
| soon q. this deed was recorded, all she hac
go Dc to get possession was to get nd o
! l.iu. lie followed her to the scen'
oi the tragedy and drew quit
"a contrasting picture of Bothemly's cOndi
ti,a TO that drawn by Mr.. Ady, and drew
| hi, conclusions from fair propositions in !
logical manner Gave his view of he
action, during the burial, etc. Col. Halo
| well mad, one OF his most mastery argu
lnen.s which consumed an hour and twenty
| minutes. and closed with an able and com
prc;.ausiyr summing up of all he PROPOSE
tiou-.
The following is Judge Fosters charge t
the jury:
GEyILENEx Of THE JURY:-The defend
ant. Nellie c. Bailey, stands charged will
| the hirh crime OF murder. Ii Is ayerrei tina
~! or about the Sth day Of October, 1888
within tie Indian Territory. attached to thi
judicial district. she did felon lousy, wilfulN
! ami 10. her malice aforethough, with pisto
| loaded with power and leaden ball, shoe
and mortallv wound Clement Bothamley
/ in and upon the head, of which morta
wound said Clement Bothamely instantly
died. : murder Is defined BY the common
! law rs an unlawful killing of q person witt
| malice afaJetLouSLt, and malice afOre
/ thought. means that the act has been at
/ tended with such circumstances as are ordi
7 nary Indication, and evidence of wicked
1 depflvci and malignant spirit, regardless,
81 the social duties and obligations and de
| iIgr.itriv bent on mischief. and
| mcditatra design of doing mischief NAV
be called malice afore thought. Malice may
be either express or implied by law. Ex-
press malice Is where one person kills an
other with a deliberate mind and premedi-
,a;ed design, such design being evidenced
5y cxtriusic circumstances, such a living in
| wait antcccdcnt IncnaceS, former concoCted
schemes To do the party bodily harm and To
commit the offence. Malice may be implied
from any deliberate, cruel act committed
by one person against another although il
To- sudden and unaccompanied by the ex-
lgiusic evidence, usually attending express
malice. /, matters not, however, whether
the act is done with malice express or i'm
piled. 80 the malice exists. ard the question
whether the act i done with malice mast be
determined from the manner and circum-
stances under which il WAS done. Every
rational person i presumed 10 intend the
ordinary natural consequences of hIs own
acts. and hence. If Il person "iifuliy and de-
Gbcratrly shoots ana wound another with u
'esi1ci bullet, from which wound the person
dies. thr law pre-umes the intent to AIil, and
ID III, sc, i zone under circumstances rs
.yiucc =, formed and pretneGItatrd design to
cuE.niii tie act, the law pr,sumes and i'm
plies 1t was done with malice aforcthought
In TIN, case in order to find the defendan;
guilty. il must appear and be shown from
the e. idcuce beyond reasonable duub;
that the accused gave the deceased. Boihain-
lev. the gtln-shot wound charged in the in
dict,ncui. that she gave the wound with
malice aio-rihought and that the deceased
Of the wound came L. ms death. | appre-
at nd from the evidence in Thu case the first
proposition Did the accused give the de-
ceased the cuu-sLot wound : tue Jnos; diff
fc,l't. and the one which viii demand YOUR
most serious and careful consideration. for
should you tind she did give the wound. that
she fred the shoe. which the evidence shows
passed into ai4d through the head al the de-
ceased. ! sppreEeUd that you would ind but
little difficulty in deciding the question u