The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-05-10
From saturdays Daily.
INTHE COURT.
Elijah Meere Acquitted at L te HOu,
LasE Nawht

lay afternoon and testified as follows:
Went into the bank August 10th, to |
enew old papers, took in $500 to pay
Hood said he would make
nut new mortgage out of old one. He
asked me about what was 1 going to
iced through the winter. Told him
expected to feed variety. Told him
expected to buy some and year
dds. He said cattle were cheap. 1
shipped some of the cattle mortgaged
the year before-Only one car load. The
proceeds went to the bank. Shipped
some soon after august 10th, to Geo.
r. Barss s. company; seventeen includ- |
ed in the bank mortgage were in the |
1t took the whole proceeds |
to pay the mortgage given to B. & |
company; Didn't receive any money
August 10th; Don't think my pass
book was credited with any; 1 gave
Hood $500 that day; He figured up
notes and mortgages; didn't figure
up my pass-book or checks; Had been
very intimate with bank officers and
trusted to them. tWitness here told
history of acquaintance with Plumb.
Don't remember how much owed the
bank then; Paid $500 that day; Hood
took it himself; Whatever I had he
took; Paid on deposit. / suppose /
gave note for just what owed. Hood
asked me if 1 had anything else to put
in mortgage and we put in corn and
hogs. might have checked out some
that day, don't remember; Told Hood
I expected 10 buy cattle. expected
to buy on time, or get the money.
Told Hood there was lien OH the
corn, but Eckert had given me
privilege to sell it. Never in
formed the bank that seventeen
head of native cattle had been
shipped to Barss. Had about eight or
ten COWS and as many calves left on the
home place.
G. S. Cross was then called to the
stand, but very little was asked of the
witness and the defense rested.
Joe Echert and Major Hood were
called to testify in rebuttal. Echert de-
MED giving Moole privilege to sell corn.
Hood denied receiving $500 from Moore
on August 10th.
After short recess the instructions
were given to the jury. They contained
the charge in the information and
what must necessarily be proven be-
fore a verdict could be given. The
charges throughout were clear and to
the point.
The argument was then opened by
Judge Kellogg in behalf of the state.
He spoke for three-quarters of IN
hour in slow, deliberate, yet telling
plea. He was followed by F. p. Coch-
ran of Cottonwood Falls in a sharp,
cutting speech for the defendant. An
adjournment was then taken until af-
ter supper, when Lambert and Col.
Feighan made their pleas. The case
was given to the jury about half past
nine and after being out few minutes
over an hour, they returned a verdict
of not guilty. The friends of the &C
quilted could not suppress cheer
He was brought up from his cell anC
shook hands with his old neighbOr:
and friends
During the absence of the jury /;
motion in the case of Madison town
ship against the interstate railwa!
was argued and submitted to thu
judge.
Moore was Immediately arrested OF
another charge, brought by George r
Barss s. Co., Kansas City.
MORNING SESSION.
The case of the State vs. j. A. Smith
which has hung fire for some time il
this court was called this morning an,
the bar and crowd that filled the cour
room were given some very humorou
and closely approaching frivolous ties
timony, both expert and otherwise
Joe refused to pay his poll tax last yea
, or work on the roads, and claimed tina
It was unconstitutional and directl
in opposition to the declaration of in
dependence" constitution of tn
United States and in fact every kin
of justice. 1t has been through seN
eral Justices courts and came on
worsted in every one. This mornin
the ''unconstitutionalitY of the law o.
derin0 poll taxes to be levied was lai
3 on the shelf, as it were, and the ''uI
constitutionality'' of the defendaI
3 seemed to be the principal effort of tn
self-styled attorney. The state prove
, that the notice was served and that b
8 refused to work, and then rested. TT
defense then began the tearing dow
of Joe's health, until he had st. Al
9 thongs dance, st. Vitus dance, an
numerous other ailments down to
n transverse fracture of the patella.
i, Drs. Evans, McCandliss and Wetmol
testified to having examined the fra
), ture on the knee and their opinions di
fered considerable. Evans thought
few hours work each day would be
benefit to defendant, and didn't THU
# he was able to handle scraper, b
thought Mcknight drive team of mule
II Wetmore said he doubted very much
" the defendants patella had really be-
fractured and gave reasons for SO b
+, lieving. Smith, himself, was put upt
II the stand and testified to his manifo
e weaknesses. He said he always ca
ried cane to aid him in walking, b
10 Feighan said he sometimes carried
no under his arm. Nearly three hours
the courts time was consumed in tt
es manner and the court adjourned
dinner. 1t was the opinion of tho
ne present that Joe was about the mt
he bodied man in the court room.
The Smith case was resumed aft
ne dinner, but was uninteresting until
argument was begun. Judge Culy
opened for the state in an able adore
in He was followed by j. A. Smith, {
PENDANT, counsel and principal "
ne ness. Col. Feighan was to close
Il the state, but he first ''opened up"
the defendant, who loudly called
Sc the stenographer to take his opponen
~ speech. This was done and the coloI