The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-11-10

9UutMOSA W. rs
0ence deny, and is unable To explain De
cause the falsehoods Of his client have is.
nored it.
A Case In Point.
A murder committed in the sixties in the
neighborhood OF the picnic grounds of
Jones Wood in the city Of New York
affords an illustration Of this truth. Watts
and Nevins were both young men. reputed
dissolute, but not criminal characters, and
more or less regularly at work SIS journey
men compositors in printing Offices Nevins
had recently come into a legacy Of few
hundred dollars and had stated to his fel
low woikmen that hs calculated upon en-
joying life while the sum lasted in some
other way than in setting type. Watts and
ne were intimates and roomed in the same
house in Sixty-third street, not far from
the picnic grounds. Both were frequent
attendants at the rude dancing parties
held at the grounds.
1t was OF a dark evening in August that
they both appeared in the grounds when
the East Side Star association was holding
its annual rather disorderiy picnic, at which
no introdHctions wers necessary to secure
partners. Nevins fell in with girl whom
he wished TO startie with the unaccus-
toned treat of bottle of champagne, and
about /, o'clock he set out for his room,
where he had his stock oil money. in order
to replenish his pockets. He told Watts
that he was going home fer that purpose
and would soon return. He was seen by
one OF the barkeepers in the act of leaving
hn >lc A orr OF -.
Wood, be was well known, and having
been the Only champagne customer on this
evening he WAS noticed Watts followed
him almost instantly and Was seen to so
down the platform stairs The gstekeeper
recognized Nevins when going out. but had
10 recollection as to Watts.
Next morning Nevins was found dead on
the floor Of his room, cleft in his skull
snd a bloody Ratchet near him, with which
the murder had been committed He had
not returned to the picnic, but Watts had
appeared on the platform. and when he
came up he obtained a glass of brandy and
peppermint from the bar, saying that be-
was troubled with diarrhea and had jus,
come UP from the outbuildings. AS soon
as the death Of Nevins was discovered the
police were notified and one of their first
acts was to put Watts under arrest as the
person last seen with the deceased Watts
was found in bed in his room at II o'clock,
apparently asleep. He explained his pres
ence in his room at that late hour by stat
ing that he had not returned from the
Wood until daybreak, AMI that his reg
ular turn as a cempositor did not require
him until or o'clock in the afternoon.
Convincing Evidence.
At the station house, before being taken
to the police court at 2 p. M, he was
searched under protest, and nearly $50 were
found in his pocketbo0k. This was not a
large sum Of money, and still it is more
than most compositors carry at the middle
of the week. At the police court he de-
clined to answer any questions except the |
formal inquiries as to place Of birth, age.
occupation, ETC., and although the evidence |
against him was slight the magistrate
held him for the grand jury.
Watts, when committed 70 the city prison
to await trial, sent for lawyer noted for |
his ability and gave him $500 in bank notes |
The possession of this amount of money 1
by journeymap printer excited no CON-
rent on the part of the lawyer. Nothing
is more usual than that .impecunieus and |
worthless fellows. when confined on grave |
charges, should be well supplied with |
money from sources unknown to the public |
and even to their own counsel. A man who |
could not pay a note of $50 may be able to !
give his lawyer a retainer Of somes hun
dreds. The fact was that Watts had the !
bulk of Nevins mouey in his stocking when !
arrested, and that the preliminary search at
the station house had not been thorough, |
suspicion being light. After committal, 1
prisoners are only searched for dangerous |
weapons, not being allowed even pocket
knife, for fear OF suicide. ga
Watts instructed his counsel that. while
he knew of the departure of Nevins from !
the platform. he did not follow him home, |
and that as & matter of fact he did not 90 |
home till day break and knew not hing
about the murder of Nevips. All defenses t
Of innocent people are essentially negative
as this was. the prisoner not being called
on to show who the real culprits are but
only to COM bat evidences or presumptions
of his own guilt.
Counsels Hands Tied.
The prisoner in this instance concealed
the truth from his counsel, mainly because
he relied on the absence OF testimony on
the part of the prosecution. But between
the dates of commitment and trial much
evidence pointing to Watts guilt came
into the possession of the district attorney.
None of this was known to the prisoners
counsel except the testimony Of the gate
keeper before the grand jury that young
man in a dark coat and straw hat passed
out of the Wood gate directly after New
FMS had gone through, coupled with that
of the barkeeper that Watts wore dark
coat and straw hat on that night But
this evidence was treated by the pris-
oner as amounting to nothing, because
large mum Der of the young men at such
summer picnics wear dark coats and straw
hats. and such alleged identification
amounts to nothing. But other evidence
bad been procured by the district attorney |
after the finding of the Indictment that
pointed strongly TO a guilty knowledge on
the part OF the prisoner. Of which neither
be nor his counsel knew anything
By his false statements to the occur
rences the prisoner SO thoroug hly tied his |
,ounsel's hands that no amount ef-eross |
examination Of the peoples witnesses or
Of ingenious argument before the jury
,oulG he expected 70 avert a verdict Of !
guilty WATTS was convicted ard executed.
making full confession before ne went to
inc gaiiows.
An innocent defendant cannot of course
crimes of which he is hot
guilty. and when he tells the truth to his
,ounsel all the facts a. be states them will
DC found 10 be in harmony with the entire
,ody of facts that MAKE up the case L nder
10 circumstances then can the innocent
prisoner make any mistake ia telling his
;ounsei the whole truth. and as for the
,uihy defendant, when he has secured able
and finds himself protected by
uperior talents IA well rs By the safeguards