The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-11-25
CALLED TO PLEAD.

Express Messenger F0therinEham Ar.
raigncd In Court to Plead to Indictmeuts
Charging Him With Completely In the
Recent Robbery ON the Frisco Road
"Not Gullty"-The Question Of Bat-AA
Eminent Lawyers Opinion.
ST. LOUIS, Nov. 16-Messenger Fother.
ingham Is the only link the Adams Ex'
press Company has to connect it with its
lost treasure, and it is determined to hold
him. So far the company has encountered
no opposition. For two weeks after the
robbery Fotheringham was voluntary
prisoner ut the Southern Hotel The de-
tectives have questioned and cross-ques-
toned him for days. One operative 70
manned with him all the time to gather up
whatever testimony he might give in his
admissions and conduct. He did not re-
fuse to answer any question or to comply
with any request until they started
him writing letters to his mother. At this
he rebelled. He told Superintendent
Damsel that he would write no further
letters to his mother. He put down the
pen and kept his resolve. When the at
torneys retained by his mother began to
press q habeas proceeding the criminal
case was pushed. Fotherngham was in
dicted and committed to Jail, where he has
remained since. To-day lie served notice,
through his attorney, that hereafter the
company might expect response to every
move made against his liDerty.
At half-past ten o'clock this morning .
deputy-sheriff brought Fotheringham from
the Jail to the Criminal Court, handcuffed
to man named Thomas Raines, who was
charged with stealing q typewriter from
Mortimer d. Shaw. He was arraigncd at
the bar when the clerk asked:
''What is your name!'
I'D. s. Fotheringham, the prisoner re-
piled.
"You are charged in Indictment No. Z. as
follows" The clerk then proceeded to
read the Indictment charging FOthering-
ham conformity with Jim Cummings and
Richard Roe with stealing 600 from the
Adams Express Company, on the 18th ult.
At the conclusion of the Indictment, to the
reading of which the prisoner listened
with deep interest the clerk asked:
''Are you guilty, or not guilty."
'sNot guilty." Fotheringham replied
promptly.
Indictment No. 8, charging Fothering-
ham with receiving $4,000. his portion Of
the plumber, was read, and the same ar
raignment question asked. FOtheringham
again replied:
'I'm not guilty"
"Have you an attorneyW asked the
clerk
"Yes, sir; Mr.. Harvey is my attorney"
THE BOND.
Mr.. Thomas B. Harvey then addressed
the court:
81 wish to give notice to the State that
on tomorrow morning l shall make ap-
plication to the Court for bail, and give
reasons why think it should not exceed
certain amount. serve this notice as
see the circuit attorney present"
Fotheringham and Raines were then
taken back to the rear of the bar The
former did not appear to appreciate the
prominence the proceeding gave him.
Circuit Attorney Clover was asked what
action the State would take. and said:
'sThe State will resist an attempt to Sc
cure the prisoners release on low bond.
l shall suggest a 10000 bond. You see
this offense is not an extraditable one, and
this alone is good reason why high
bond should he required. A man who had
stolen q large amount Of money might fur
nish portion of it as collateral and then
live on the balance of his i'll gotten gains in
Canada"
MrHarvey said: II do not think more
than s, 200 bail should be required. The
Constitution requires that excessive bail
shall not be required. Murder in the first
degree is an unbailable offense, but the
Court can take into consideration the evil
dence in the case and regulate the amount
of bail accordingly. An indictment is no
presumption of guilt in the eyes of the
Court, and the Court has right to fix the
bond according to its character. claim
that in this case there is no evil
dence going to show that my client
is guilty This is fact un-
less they have concealed batteries
that know nothing about. 1 intend to
press this view on the Court and ask him
to call upon the circuit attorney for the ev-
idence that it is claimed connects Fother-
ingham with the robbery. There is one
thing that is overlooked. Every body is
trying to dovetail and patch the evidence
on one theory or another, but all are theO-
ries of Fotheringham's guilt. If they will
only take the theory of his innocence they
will find it far easier to fit the various Cir
cumstances of the case.
SIGNIFICANT CIRCUMSTANCE.
81 have no doubt Of Fotheringham's in
nocence," said Ex-Governor Charles P.
johnson, speaking Of the Adams Express
robbery: 1T is shame to keep that boy
in jail, and l think that Indictment is not
founded on good evidence. I'll tell you the
most convincing evidence to my mind. If
Fotheringham was implicated in the rob
berry, about October q or %, some
body would have gone into an
attorneys Office and retained him.
A lawyer would have found Foth-
eringham and told him to come with
him. How would they have stopped hint
Instead Of this he is permitted to remain
under the pump for over two weeks. This
is the best evidence, to my mind of Fother-