Wichita eagle., 1888-03-23
THE COT KITS
STATE VS.. cox.

This case, which has been looked for.
ward to with great deal of interest by
| many people in this city, as we'll as IN
Cowley, from which county the case had
been brought on change OF venue. came up
Yesterday before Judge Reed. The pris-
| oner was represented by Hon W. Z. Hack
ney and Attorney Henderson, of Winfield,
and the state by the county attorneys OF
Cowley and Sedgwick counties.
DIR. Cox, when brought into the court
room, showed more or less the effects OF
his confinement. The defendant-glanc-
| ing briefly at the case-was the proprietor
of small drug store at Udall, Cowley
county, and it is claimed by the state that
he caused the death, through malpractice,
of Effie..Carr, girl OF II, who had been Sc
duced by one Charlie Jones The girl was
buried but afterwards cxhumed and
post mortem examination and
an inquest were held which re-
suited in a verdict Of death
from causes as before stated. Cox was ar
rested and at his preliminary examination
| was bound over. The present judge Of the
district court Of Cowley having been n
counsel in the case change OF venue 20
this county was granted And, so. here,
some time ago, the defendant was brought
and incarcerated in the county jail
The case yesterday was one for the hear
ing of the court and was plea in abate-
ment filed by the attorneys for the defense
based upon the fact that no indictment
had been found against the prisoner, al
though the grand jury has been in session
in that county since his arrest. Most Of
the forenoon was consumed in the hearing
Of the arguments In the case, both sides OF
the question being presented with great
force and in a mastery manner.
In the afternoon Judge Reed gave his
ruling sustaining the plea The decision
was throughout one Of weight and force
and will form a more or less important
factor in the decision Of a number OF
cases IN which similar question may
arise In this interesting decision his
honor held that In cases OF felony the de-
PENDANT must be tried on indictment of
the grand jury; and also that the case
must be presented 20 the grand jury II it
is sent from the justice court 20 the dis
trict court II grand Jury is In session
after the preliminary hearing and before
the trial
The defendant was not, however, dis
charged his honor stating that be could
find no authority for such proceeding; but
he will be retained In custody Of the state
and il is thought viii be rearrested upon
another Indictment.
STATE vs. TODD.
The jury In State vs. Caldwell Todd re-
NAMED out all night celebrating upon
the guilt or innocence Of the defendant.
They were instructed 20 bring In . sealed
verdict. but when court convened yester-
day morning they announced that they
had not been able 10 agree. II appeared
tina, they had agreed to not find the de-
PENDANT guilty Of an assault, with an intent
to commit rape. and stood eight for ac-
quit:al and four for conviction Of q simple
assault
POLICE COURT.
John Ray was accused Of disturbing the
peace and fined % and costa Execution
Of sentence was, however, suspended for
three days
Thomas Allen and James Kelly were two
men who were arrested the night tetore
for creating disturbance On Eas. Douglas
avenue The charge agsins: them was
drunk and dicrderiy. The case against the
first was dismissed; thu latter was CON-
mitted
j. < Smith, the colored man who was
accused of stealing tSols from Mr.. Moore
On Eas. Oak street, was brought into court
Tor trial yesterday forsaoon- The princi-
pal witness was away 70 St. Louis On busi-
ness, but still there was enough evidence
produced 70 prove tina. the LOAD lad stolen
-
larceny and fined . and costs Execution
o. sentence was, however, suspended
Michael Hor, IN old roundes. was pulled
UP as drunk and received the usual doe
A. ]. Yoorhis and 7. Z HArdesty. were