The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-01-13
VIRTUALLY PARDONED
The Most Famous Murder Case in
the State Of Kansas Recalled.
The Last Official Act Of Governor Humph-
rey Was the Communication of the Sen
tencs of Winner and McNutt.
They Will be Given Their Liberty Early
Next Year-They Were Under a
Sentence of Death for Nine
teen Years-Story
of the Crime.

and Arthur Winner who were tried and
convicted of murder in this county nearly
twenty years ago and sentenced to be
hanged by Judge W. z. Campbell when be
was Judge of this judicial district.
In the mouth of April 1890 there appear
ed upon the streets of Wichita an old gen
tleman of quiet demeanor, and most yeu-
cradle appearance 1t was soon learned
that his name was p w. Winner Of Kan
sas City, and that his mission was to seek
from the old settlers of this county their
Influence in securing pardon for his son
Arthur Winner and Joseph w. McNutt
now confined in the state penitentiary at
Lansing, He met with greatest consider
alton and kindness by the business men,
and old settlers, and went away convinced
that the object for which he had been la
boring so many years would be accom-
plished. Mr.. Winner engaged as his coun-
sci Hon. o. II. Beutly of this city and the
latter gentleman associated with him in
the case Hon. w. H. Mcbride of Topeka
IN 1913 about Christmas the people OF this
city and this section OF Kansas were star
tied with the unfolding of crime that
has passed into the legal annals Of Kansas
and has become historic the case is re-
ported in the 18th Kansas supreme court
reports and is well known to every lawyer
practicing at the bar of this state.
In June, 1874, Arthur Winner and
Joseph W. McNutt were convicted of
murder in the first degree in the district
court of Sedgwick county, and were SEN
fenced to be hanged. Since that time
they have been in the Kansas penitentiary.
The trial attracted the attention of the
state, aud particularly of the bar of Kan
sas. The case was prosecuted with great
vigOr by Judge Sluss, then the county at
torney Of Sedgwick county, and Hon. w.
+. Stanley, and the trial was presided over
with great care and patience by Judge W.
=. Campbell, then the district judge of
this judicial district. The prisoners were
defended by Judge Amos Harris, Kos
Harris, Judge Adams and Judge Tucker.
Judge j. NJ. BaIderston was special counsel
for McNutt. No time nor care was spared
20 give the prisoners a fair trial, and all of
the facts were carefully brought out. 1t
all ended in the sentence above referred to,
sentence of death, and the prisoners
have been inmates of the Kansas peniten-
tiary since June 80. 1874 Within the last
NV gChAo many SLIOA'o hhfO bSCI AAHlAO
for their pardon. All efforts have failed
until the last, which was conducted to
successful termination by Mr.. Bentley
and Mr.. Mcbride. For two years Mr..
Bentley has been at work on this case.
Gradually was built up before the
board Of pardons a long line of
letters from the citizens of this
state, recommending these men to
the clemeDcy of the executive.
This list is the finest and most complete
showing ever made for prisoner. 1t in
cluded the earnest letters and petitions of
large portion. o. the public men and well
known citizens of Kansas, from the press,
the bench, the bar, from public officials,
United States officers, state officers, prom
iuent lawyers aud editors in this state and
Kansas City. all joined III asking clemency
for Winner and McNutt. Strong letters
were procured from the court officers try
ing the case in Sedgwick county. Judge
Campbell gave an exceptionally strong
letter, also Mr.. Allen, the foreman Of the
jury trying the case. Many obstacles
were in the way. Many times the counsel
for the prisoners supposed that they were
just on the eve of success Many times
they were disappointed. But they perse-
vered aud built up their case. The pile of
letters before the governor and board of
pardOns grew in size and earnestuess. it
was never claimed by the counsel that the
trial was not fair one. The case had run
all of the gamut of the courts. The SUI
preme court of Kansas, in "a
very able decision pronounced by
Justice Valentine, affirmed the decision
OF the district court OF Sedgwick county.
Every theory of the law as laid down by
Judge Campbell the presiding judge, and
all of bis rulings at the trial were fully
sustained by the supreme court. There
was no room left for the prisoners coun-
sci. To claim anything on the ground OF
mistriAl, or to set up the innocence of the
prisoners, it was case OF clemeney, pure
and simple The prisoners had already
passed in the prison what in some states Is
regarded, a. more than a life sentence In
that prison Winner and McNutt never
have had demerit mark. they We're model
prisoners. Winner mas never lost q day
from sickness or otherwise. Lately Nc
Nuts health has been breaking. OIly
two persons nowin the Kansas peniten-
tiary have exec ded Winner and McNutt
in length Of confinement. They have dur
ing the past nineteen years seen "lile'
men come, die, have their sentence COM
muted, aud go into the insane wards:
but these men who were young
have never lost their hope OF
ultimate pardon. For eighteen years
McNult never SAW outside the walls Of tue
Kansas penitentiary. At the time of their
conviction Winner WAS 70 years of age aud
NcNutt was % years old. McNutt had a
wife. aad a child WAS born soon after his
confinement After his incarceration she
procured a divorce from him aud is mar
red again and is the mother OF a family,
residing upon a farm in Missouri. Nc
Mutt l. painter ard decorator and has
decorated the chapel of the prison with
great skill. Winner for years has been a
book keeper for Shoe Contractor Burr at
the penitentiaTy. Among the letters on
file FOR clemency, was one from Contractor
Burr, which had great weight ia bringing
about the desired result. Winner and
NcNutt have read most OF the prison
library four times. They are adopts in all
the current literature OF the day. Il tue
prison school Winner Is t-achsc OF
the advanced class Ia MAJ h.mat c.
aud McNuyt has laug beeu
the librarian. Winner - an expert uathe-
msticlan, and rs a painter and decorator
McNutt eau hold his own vita any man
III Kansas. 1; may be said TO the credit II
the senior Winner. who is al old and re-
specled citizen OF Wyandotte county, this