The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-12-20
BURGLARY IN The SECOND DEGREE.

every county through which the road
runs.
BURGLARY IN THE SECOND DEGREE.
John Adams Adjudgsd Guilty Of Attempted |
BuTglary-esntenoe Deferred
The third week of the district court |
opened Monday with a larger at
tendance than ever. But one or two
criminal cases remain yet, and one of
them, the Adams case, was called first.
Adams was charged with entsr-
ing the house of J. n. Hoxie on Mar
ket street for the purpose of burglary
and was bound over few weeks ago
from Justice Evans court.
Lots of valuable time was consumed
in securing jury, and the jurors were
questioned not only as to opinion, but
as tOthe slightest impression. The ar
tlcles in the Emporia Republican, pub
lished some time ago, were referred to
in every case. In many cases jurors
said the articles made no impression,
as they read everything in any paper
with good deal of misgiving. Others
sal the articles (which were referred
to as the Republican, trial of the case)
created an impression, but no opinion
as to the guilt or innocence of the &C
cused. To an observer it seemed that
the defense were attempting to make
it impossible to securea jury. Messrs.
Cunningham & McCarty conduct
ed the defense, while the state was rep
resented by Judge Buck, assisted by E.
F. Owens.
Ten of the regular panel were ex-
cused before the attorneys were salts
fed and the case stated to the twelve
chosen to try the defendant.
Mrs. Hoxie was the first witness
called and testified to the same partic-
ulars as given before in these columns;
of her hearing movements in the
house and the bobbing of a head
around the door frame, and her seeing
the form crouch, crawl around the
stove and approach their bed; OF her
speaking, thinking it was the servant
girl, and after speaking twice getting
no answer excepting mo, its me-" of
her waking her husband, and also of
the conversation between him and
Adams. A ground plan of the house
was exhibited, and all questions were
answered by the witness in cool, col
lected manner. AS to the servant
girl, she testified that she had been
working for them two weeks and two
days, and that the next day after the
occurrence the girl got married and
went to Mcpherson. Her name was
Mary Brown.
Mr.. Hoxle was next called. He testi-
fed to having been awakened very sud
denly by his wife and informed that
there was an intruder in the house. He
stated where he first saw Adams when
he got out OF bed and that he pulled
him up closer to the light to see if it
really was his near neighbor. He told
where the shoes were found and
Adams saying he was drunken than he
thought he was. When Adams said;
Don't strike me, Jim," he showed nc
signs of intoxication. In regard to the
servant girl, he said he didn't know
how long she had been working there
On cross-examination he was asked
how long Minnie Scott worked there
He said she was there only two weeks
, while his wide was sick. at the con-
clusion of Hoxie's examination court
adjourned until o'clock.
In the afternoon G. 3. Hawkins wal
first put on the stand for the defense
He saw Adams the day before the ar
rest. He was under the influence OF
! liquor. An attempt was made Il
3 prove the character of the girl Minnie
Scott, by this witness and others fol
lowing, but the county at
torney objected, claiming hi
was not trying anything IN re
gard to any girls character and
t that it had nothing to do with the pres
ent case. Objections were sustained
William Harry. George Bragunier anc
H. E. Norton all testified to seeing de
PENDANT and that he was drunk Harry
r also said Adams had said something
about waiting for woman. but die
not say who she was or where sh'
stayed.
Adams testimony was mucl
the same as that given before
the Justices court. The state
. ments in regard to the girls character
. were not allowed to figure in the testi
: mony. Several witness were called t.
prove that Mrs. Hoxie told two differ
ent stories in regard to speaking to AID
ans, thinking it was the servant girl
L but the testimony could not be shaker
to any extent.
L At 4 o'clock Tuesday tn
n evidence was all in, and a
l. a little past the case was givel
i to the jury. They took one vote AM
stood eight to four for conviction
They reached an agreement at 800 AM
returned to the court room, where bu
n few still remained. They found de
o PENDANT guilty of burglary in the sec
ond degree. The sentence will not b
passed until the end Of the term, an,
Adams is out on his former bond unit
j. sentenced. A motion was made in al
y arrest of judgment.
y The jurors in the case were: L. c
ia Gardner. foreman, Royal Lafferty;
- T. Way, J. H. Baird, 1. j. Hewitt, "
H. Brown, Judson Marvin, T. S. Court
ney, Geo. Winters, David E. Williams
p B. F. Parker and W. r. Huffman.
MORNING SESSION.
The case of E. E. Watkins VS.. Sam
Ia uel Burdette was called Tuesda
n This is an old controversy over tn
uvsz;ohiu0 of Gornp hora