Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1888-06-20
THE JURY DISAGREED.
and Now Ed Payne WIN be Given Another
Show for His Life.

failed to agree after being out q hours.
The jury was above the average in point
of intelligence and was made I'D prIn-
cIpallv of young men, the following
forming the panel:
j. p. Brough, Jacob Blyholder.
J. A. Strickland, f. b. Nurse,
J. G. Thurman, Geo. Hibbard.
j. W. Singer, Ambrose Allen,
Joseph Rlgg, Kelley Brannan,
John McGrath, BENZ. O'Neal.
On the first ballot the jury stood s for
conviction and for acquittal, those
for conviction being Allen, O:Neal.
McGrath, Brannan, Strickland and
Singer. On the next bollot it stood 5
for acquittal and for conviction; and
on the third and all succeeding ballots.
the jury stood for acquittal and s for
conviction, the four who held out for
acquittal being Brough, Nurse, Bly,
holder and Rigg.
This was an important case and af-
torded the curious an opportunity to
study all of the phases of circumstan-
tial evidence, for it must be remem-
bered that there was no positive proof
that Payne killed Vroom, though the
circumstances all pointed that way.
The evidence showed that Ed. Payne
and Ellis ID. Vroom, two young men.
were raised together in Cowley county.
Kansas; that about two years ago they
became notorious for their connection
with two loose characters, Mollie Sum-
mers and her daughter, Jennie Sesney.
Last fall this outfit went to Seneca.
Mo-. and remained during the winter.
until February 22d, when PAYNE and
Vroom started on their return to Ar
kansas City, in a wagon, the women
Following on the cars. On the 9Th of
March Payne and Vroom started from
there with the team, to hunt work.
Payne claimed, and from that date no
one has been found who ever saw
VroOm alive.
On the 18th day of March the MUIR
dered body of Vroom was discovered
partially buried in a canyon or draw
near the village of Hardtner, Barber
county. FROM cancelled checks on the
body his identity was established.
Sheriff Stevens, of this county, had
postal cards printed, giving descrip
ton of. Vroom and his supposed muir
derer, Payne, the bank at Seneca. Mo-.
having given an accurate description
OF Vroom, Payne, the women and the
team. One of these cards fell into the
hands of man at Arkansas City who
was on intimate terms with the Sesney
woman, VroOm'S mistress. From a
letter received from her mother by Jen-
ME Sesney, it was learned that she and
Payne had located at Caney, Chautau-
qua county. 1t was there that PAYNE
was arlested the latter part of April.
lie was brought here by Sheriff Stevens
with his mistress or wife, Mrs. Sum-
mers or Mrs. Payne, and on the prelim-
mary examination both were bound
over for trial in the district court with
the result5.s stated.
Payne's story was that when he and
Vroom left Arkansas City, they went
direct TO Winfield and camped in the
edge of the city on Walnut creek, where
they remained for nine or ten DAYS. not
going up town for-fear of being arrest
ed for some of their old deviltry, one
offense being their connection with a
case of infanticIde, the victim being
the offspring of VrOom and Jennie Ses-
uey; but Payne claims that he did 90
west to Oxford and remained there one
night in search of farm that he want
ed to lease. He says that on the 18th
or 18th of March he and Vroom parted
at Winfield, VrOOm stating that he was
going to Missouri to see a sister. PAYNE
says that he then left the team at Win
field and took the cars for Arkansas
City where he met his woman. took her
back to Winfield where they took the
team and went to Caney. His explain
alton ofhis possession of the team is
that VrOom gave it to him for bis SER
vices in assisting him, Vroom, to. get
away from the Sesney woman. Payne
denied that he was ever west of Oxford:
though this part of his story was con-
sidered very ''gauzy." lie was unable
to produce even one witness who saw
HIM during the nine or ten days he
claimed to be in camp at Winfield.
The case against Payne was admira-
bly, connected on each side, County
Attorney shannon had all the evidence
that it was possible to get, and his the
DRY of the commission of the crime was
the one accepted by nine out of every
ten who heard the case. Mr.. Shannon's
speech was an able one, i'm fact a sur
prise TO his most intimate friends. He
was assisted In the prosecution by Den
ton " Jones who also spoke to the Jury.
Sample Il Long conducted the case for
the defense, and they did their part in
a very able manner. The speech of
Mr.. Long, delivered Saturday morning
and occupying nearly two hours, was
the ablest speech we have ever heard
delivered here in criminal case. If
there was anything needed to establish
MIR. Longs reputation as a careful.
thoughtful, painstaking and diligent
attorney, there is now 10 longer a oues-
ton onthis point. necertainIy worked
at great disadvantage from the outset,
and all without the hope of receiving
one dollar as his reward.
Payne is unauestionably guilty of the
murder Of Vroom; but the circumstan-
ees Surrounding the case were so
shrouded in mystery that the jury can
not be censured for its course, The
men VINO voted for acquittal are honest
aud honorable men.
This case has already cost Barber
county not less than 81 600; and new
trial will cost as much more.