The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-11-10
JUDGE WALL AT HOME.
He Thinks the Law VIII Never Reach the
slayer Of Sam Woods.

slayer OF sam Woods.
7. B. Wall Esq, of this city, who was
special judge, appointed to try Bremen.
the slayer of Col Sam Wood, returned
Sunday night from Hugoton. where he
held special term of the district court Of
that county and district. An EAGLE re-
porter called on the gentleman yesterday
TO hear the story of the case from Judge
Wallis own lips The judge said: II went
TO Hugoton and opened court last We'd
, nesday. Everything was in regular form
and all sides were represented. All the
voters of Stevens county were called to act
as jurors and examined as to their qualifi-
cations, but only ten men could be found
who were competent to try the case, even
the attorneys on both sides waived their
right to challenge them, whish they are
allowed to do under the law. Twelve
qualified men not having been found the
question then came up as to what order
the court should make in the case. The
statutes of the state contain several pro-
visions for change of venue upon appli-
cation of the defense, but the defense did
not make any application. Section
Us of the general statutes provides, how
knowledge of court or Judge that facts
exist which would entitle defendant to a
removal of any criminal cause the judge or
court may make an order for such re-
moval without any application by the party
for that purpose. The above provision
would apparently justify the court in
making an order changing the venue to
another county. Section 173 of the gen.
eral statutes makes certain provisions for
the removal of a criminal cause to the
district court of some county of different
district for certain reasons owing to the
qualification of the judge of the district
as. for instance, when the offense charged
is alleged to have been committed against
the person or property of the judge or some
person near of kin to him, or when the
judge is of kin To the defendant. or when
the judge is in anywise interested or pref.
udiced. These provisions like the former
would apparently warrant a change of
venue to another district.
A showing WAS made with reference to
this section of law by Attorney Gen
eral Ives and thus the matter
was fairly presented to the court.
The court examined the constitution
OF the state and section 10 Of the bill of
rights says that person accused of crime
shall have a speedy public trial by an inn
partial jury of the county or district In
which the ofense was committed. The
case Of the state VS.. Knapp, reported in
Kansas reports No 40, beginning on page
40, is almost parallel to the present case |
In that case the defendant was charged |
with a murder alleged to have been COM
mitted in Wichita county. The state de-
manded change Of venue to another dis |
trlct, for the reason that the judge of the |
district had been the attorney for the de-
PENDANT. The change was granted to Bar
ton county, in another district.
The supreme court held in that case that |
change of venue could not be granted ex-
cept upon the application of the defendant |
and that the constitution provided that he |
should have a speedy and impartial trial |
in the county or district in which the Of
Tense was committed, and that |
all Of the provisions Of the |
statutes in conflict with the constitutional /
provisions were void. In view of all these |
authorities denied the application for a
change of venue, and upon giving my |
reasons both the attorney general and the |
assistant counsel for the state conceded |
that the denial was right and proper"
What will be the ultimate outcome Of |
the case?"
Brennan, doubtless, will soon be set |
free. The legislature cannot even pass
law that would meet the conditions of |
things arising in the case. He is entitled !
to trial by twelve of his peers who are
otherwise qualified to act The condition |
of the law upon this subject or rather the |
want of law to meet a case with like con-
ditions is such that it is impossible to give |
him such trial as the law contemplates, |
but If he is set at liberty he may be tried |
at any time hereafter, if jury can ever be
obtained in Stevens county, but it is evil
dent that that time will never come in his |
life time, unless the county will be popu-
lated by people who were not there during
what is known as the war period. There |
is law in our statutes providing that
when one is committed to prison charged
with crime and shall not be brought to
trial before the end of the second term of
court after the information is filed he
shall be discharged, unless the delay
happened upon his application; hence it is
only a question of a short time till
Brennan must be released. lie is now in
the Hutchinson Jail"