The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1889-10-31
THE MoHLER. WAIT CASE.
a Somewhat Celebrated Case-It's His
tory-Ths Result OF Trial.


Turner. He was convicted and
sentenced. Under the management
Of our fellow -townsman, J. q.
MOhler, the case was taken to the
higher courts aud the decision OF
the lower court reversed. A second
trial was held aud Cleary last June
sentenced to serve q term Of three
years In the states prison.
Turner the murdered man seems
TO have had many friends and they
, aud other citizens, incensed at the
result Of the trial, took Cleary out
OF the sherifi-s hands the night after
the trial and hanged him to q beam
Of q railway bridge near Lincoln.
II The present case grows out Of an
information filed by Senator Mohler
In June last and il criminal In its
action. After the hanging OF the
murderer Mr.. w. \. Wait, editor Of
the Lincoln Beacon, caused the fol-
low ing article to the published In
his paper, and this forms the basis Of
the action;
THAT Pat Cleary Is dead can be
laid ut the door Of his Attorney.
q. Mohler, whose iusatiAte greed to
secure not only the last dollar that
Pats family had, but the last penny
his relatives aud friends had and
also a 500 judgment covering what
they might hereafter earn must be
satisfied. He had no possible hope
OF being able to GEAR Cieary with q
fair jury. His only hope lay In q
packed jury, and his manner Of con-
Quoting the last trial showed that
he relied upon hanging the jury by
a fixed" man. His effort before
the Jury was 30 weak that 10 was
noticed by niue out of ten who heard
| it. His whole effort was constituted
Of abuse Of the witnesses and Mr..
DOwney, one Of the attorneys for the
state. The people felt that it was
absolutely necessary that Pat Cleary
should be where he could take the
lives Of no more men, and thy
would have been satisfied had he
been imprisoned for even twenty
years, for that would virtually have
been a life term. Society would
then have been safe from depreda-
tions by him. But a mob could not
imprisOn him. They had but one
alternative, and Jerry MOhler forced
that upon them. II he likes the ad-
vertising he II welcome to IL.
Two days were taken up In examining wit
/ nesses, and all day Tuesday taken up by the
| pIeadiugE Of the attorneys in the case.
Messrs. Carver. Logan and Lovett spoke for
| the defense and Messrs. Hitler. Blair and
| Burton for the prosecution. The pleadIngs
OF the attorneys were listened 90 With Wrart
attention by an Interested audience, very
/ many Of whom were ladies Mr.. Burton
/ spoke from three to six O'Clock In the afteT-
/ no1n when the Judge gave the case 10 the
/ Jury.
| is,,I-c 7t,o,,,.,,,,.s .b,,-, -. -, ~,
! papeT and h as follows:
| .bTn The charge contaInsd I'm the Int,r,pa-
linn The def, miami has pIeSsIeJ M, SnI,tx
/ at il InrutuIcnt upof tbs. safe Ia trnve
every material Allegation ~ the In6oTmstIon
aS therein charged. Nothing IL 10 he prr-
/ summed or taken by Implication against the
| ,I.IendaT.t: The Law pTesumes him innoeent
| of the crime with which ne 4 rharseti nniii
. he - proven guilty beyond a rrasonable
upCn youT minds any reasonable douht ~
| lie defrn,Innt's guIIt Then yon shCpId S,,,,,I,
him.
"a reasonable doubt il that state of the
case, which amer the entIrp rompaTIson AMI
confederation OF all the evidence Leaves the
minds Of the Jurors In that condition. thai
they can not saw that they hay,. an
abiding conviction 10 n moral ceTtaIntv ~
the truth OF the charge; that il 10 a Ger
IaIniy that eonviness and directs the under.
Judgment Of those who are bound 10 mel
consrIentIou.Iy ut.on m
..S,.rtion , ~ the ..iliII of Riyht.., of IN.
constitution Of the state proyiies The, ~.
liberty Of the pr,Ss shall s. InyIoIate. and
All nsTSpns may freely sneak. vrrite nuhiish
their sentiments On all subjects, being
responsible for the abuse Of such riShi
ssi-he I,eetsIaturr has hefne,l yrhst cons,t
tuies ihe abuse 81 the liberty ~ tha nrss. hy
section 20 OF an act regulating crimes and |
punishment, by declaring thai a libel l. The
,,talirions jefsmation ~ a rers,,n ,os5s
public by anT prInting wyitng i'm n,r n,nae
hIp, =, r.,b y, 2, Sn , ~, i2 provoke
coDtemp, OT ridIruIe mr. 10 dsrrtys hi,, -;
the bensfits OF public Confidence and s1e,oi
intercourse.
s.i'uder the constitution a we'll n. the
s,aiutnry law oT Ihs stais ibs ,,.sand.n, IN, tns
criminal peruecutIon foT Iihei MAJ nrn.. ths
ne s,ana s sharSe IN Scb ssss wi Mn , which
vas n,hlIsbed E,T insiIdshis snds "a 49,.
such proof the Attendant IA entitled III
verdict of srouI,taI INT the tr,ith 20 sho,rn
must he A. brnad rs the iibeloas pnbIIrs1Ion
and the nr,rot ~ one ~ these ,nstIsrs 49,.
does no, constitute defense IN such a esse.
made whenever the mrtter a made Ennwn
bV any OF the fnetbosis u,entIoneti IN sactIon
20 quoted above, and n Won md NOM The |
dsfendsnt n,,hlI.h.s a. = ys,.s,s.,..s st,S
Ire inenlh Iysntsy IR.,,, io i,,..,,,,, .S..i
~, Kansas, the article in question and Thai |
thro,iEh the mail 10 par;ies n this r,,,ntS
and r,sceIye,l by sneh uaTtis-s IN thi. s,,,,,sy
then for the purposes OF this action the ssld \
..it n prot~T Tor IN. oo1It ~ inSns ,o ,,,,
also the mraninS ~ the wcSi ..,,nI,SI,.s,'1i
As used in the Information, In n Ie1aI sens. /
any unIaWfuI art dome Inteotio,siI~ 4, a..
ini,,sx ~ s,otIcr n 1870, 10y w. the
mSIIs,o9s. and n :. no, nsces..rH M sSn
perpetraior OF such act should be Influenced /
should entertain or p,ir.ti. anT SensraI ia /
design.
ali you end from the eyIdepes I,.,ora .
rpn.,1ss,le soubt Thai ths 5ss.s,,t.s, 49, E.1
tionaIiy and persona IN pobIi.he,I are artt-la
IN ouesfion and that n n defamsfor, ~ 80
n a. Mohier then The law T.rssn,,,.s ~ -, a.
delendan ~ mad malice aeainst the uerso, -
DETAINED
an Il for you 20 determine fror, The
.rhSh ~ =. .s,,.,s..a n. - ~ s ~ Nor1s
QUESTION they should b. tafep Jn the se, 10
that Il most natural and obvious, and IN that Il
puhliestIon should coS,,e Io,,id - ~, ~
likely 10 uuderutand Them IN ,oc., rI'I,,s
The publication you should take into con.