The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-10-10
NEFF AcoclrTEp.
Afte. Deliberatng Forty Minutes the Jury
Returned q Verdict Of Not Guilty.

Dfltoer1tfuG
Returned Verdict Of Not Gully.
The case of the state vs.. Robert Neft was
given to the jury at 5 o'clock yesterday
evening, and at $40 they returned with q
verdict of mot guilty."
Two ballots were taken. the first result
ing in nine for acquittal and three for
conviction. They returned to the court
after the first ballot, for the judge to in
terpret to them an interlination In the in-
structions, which some OF them did not
understand They went back, aud after
discussing the matter further took vote
with the result stated.
The result was received with applause
from the audience. which Judge Reed
promptly suppressed.
When tie case was called a. 1880 IN TIE
morning the prosecution stated that they
rested their case This was more or less
of disappointment. for 1t was understood
when court adjourned before Sunday that
two OF the police commissioners at least
would take the stand and testify against
Nef. Ga the announcement of Mr.. Boone
that the state rested. Harry Gordon
brushed back his handsome natural
pompadour, while Ell. O'Bryan smiled
that peculiar smile of his and drawing
yellow back astronomical novel. COM
monty called an almanac. from his pocket
anf; introduced it as evidence. From time
immemorial criminal lawyers patronlzed
the almanacs nearly AS much as the
statutes and in many cases they
have been more serviceable to them.
Even it is said of the good aud pure Abe
Lincoln that he was handy with the
almanac wneu he had client whom be
wanted taken away from the grip OF the
law. Everybody wondered what Ed want
ed to prove by little bile bean almanac,
and it attracted the attention of Douglas
Donnelley to greater extent than any
body. O'Bryan soon relieved the suspense
for the almanac proved that tue sun rose
at 4:2S on tue morning OF the 18th OF June
the morning following the night upon
which the crime was alleged to have been
committed. The time Of the rising OF the
sun was important for the reason that the
prosecuting witness swore that Men was
in her company in the private office OF
Chief Cone from 3 o'clock till $50 or one
hour and two minutes after the rising of
the sun. Senator O'Bryan agrurd
that it would be unreasonable
for Neff to remain that late, aud hence
that the girl was Icing. Judge Mccain
lass opened the argument for the prosecu-
ton, and he called To his aid ancient and
modern history. He said the crime of
rape was not new thing by any means,
but that it issued forth from the thunder
and lightning of Mount Sinai. lie knew
that Bob was guilty, because Bob was an
actor fourteen years and played the part
of the lover aud the villain so often that
he combined the parts on this occasion
and played them both together. The
Judge was so dead set on showing to the
jury that Neff was guilty beyond doubt
that he made one great effort aud said:
Gentlemen of the jury, look at that
mars physique. and say, il you can, that
he is not guilty. Why, ne has neck ex-
actly like Henry Ward Beecher and Gro
yer Cleveland" With this clincher he re-
tired fully confident that it would cause a
speedy and pronounced verdict of guilty.
Judge McCanless made quite strong
speech and followed the evidence closely.
Harry Gordon followed Judge McCan-
lass aud made one of those talks that
shed tears, two or three OF the jurors
shed tears and even Mike Cook used his
bandana handkerchief a few times IN a
quiet way. Harry made very pathetic
speech and referred feelinglY to the wife
and children OF the accused.
Ed O'Bryan followed Mr.. Gordon. Ed
does not talk to the sympathies of people;
he talks to their prejudices The burden
of his remarks was that conspiracy was
hatched up in the police station to get rid
of Bob Neff who was an officer. He also
accused the girls mother and a man
named Manning of pushing the prosecu-
ton in hopes OF gettin. some money
out of it. The clincher in his
| talk, however, were the stories told by
the Bible and the almanac. The almanac
story has already been told. The Bible
story is an interesting one. In case OF
this the age of the girl in the case Is the
most important thing for the act ceases to
be crime when the girl is Is years OF age.
To prove that the girl was 10, her mother,
Mrs. Graham, brought in The family Bible
in which was recorded the date Of the
girls birth, May Q. 1880. The mother
stated that that was her exact age for the
Bible couldn't lie. How soon after her
birth was the record made in the Biblef'
asked O'Bryan. about q month" was
Mrs. Graham's reply.
Are you sures" asked OBryan.
81 am positive" replied Mrs. Graham.
"That will do" said O'Bryan with a
smile.
The fact of the matter is o Bryan looked
quietly at the title page OF the Bible and
found that it was published in New York
by tho American Bible society in
1885. or three years after the time Mrs.
Graham claimed her daughters birth was
recorded in it. This fact had decided
effect on the jury and. of course, effected
the credibility of all the other evidence OF
Mrs. Graham. County Attorney Boone
closed the case and made the strongest
speech he has made since hs entered upon
the duties OF prosecuting attorney. 1t
was too late, however. for it was easy to
see that the minds OF the jurors had been
made up. During the last half hour o.
his speech they looked out the windows
and at the ceiling, and gave everything
else their attention, apparently. except
Mr. Boone.