The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-03-19
A HUNG JURY.

evening by o'clock and given to the
| jury to render verdict ia accorelauce
with the facts submitted.
! The friends o: Irish thought the verdict
would he soon reached, Dut at IL o'clock
last night they were still out aud unable
to agree. They differed on the response
bility Of the officer for the shooting. The
evidence yesterday of the most importance
was that of the physicians. Officer Scully
and Mail Carrier Skinner. DR.. McClres
made very intelligent surgical state
ment. showing where the bullet entere'i
| and made its exit. what the Cause
of death was etc. The bullet lodged
| under the skin. about three inches
higher up than where it entered, and as
the diameter of the body was nine inches,
this statement favors the claim of Irish
that the revolver went off when he fell to
the ground. On the other hand, bullet
would travel through a mans body at
about the same angle if the man who fired
was standing erect, provided the man shot
mt was STOPPING as he ran, which is often
the Case, and especially so If he is dodgisg
bullets. The conclusion, then. that can
be drawn from Dr. McClees' testimony is
ward when he was shot or that Irish really
shot from near the ground, as he stated
If he shot from near the ground, ten feet
behind the deceased, the shooting must be
accidental or else he took deliberate aim
after falling and shot Spidle. He could
hardly have done that, for Judge Buckner
stated in his evidence that the two shots
were fired in rapid su scession.
Officer Scully. in his testimony, stated
positively that Irish did fall down and that
he was down when the second shot was
fired. He said he was $50 feet behind him,
but could see him plainly by the aid of the
lamp on the corner of Central avenue.
Mail Carrier Skinner didn't see the &C.
tual occurrence. and the only important
part of his testimony is the recital of Il
conversation INDUCED in between Irish and
the deceased. He testified that when Spidle
said that he thought it was wrong to shoot
him Irish replied by saying: IF you
had halted when I asked you, l
wouldn't have shot YOU" OF course
there are two ways of constituting
this expression. It could be construed to
mean that Irish shot him deliberately be-
cause he wouldn't halt or it could be con-
strued to mean that if he did halt when
commanded to do SO there would be no
firing and no stumble or fall to occasion
the accidental discharge Of the weapon.
1t is really hard case to work upon for
conclusion. The only eye wstuesses in
the case are interested parties. One of
them is the man who did the shooting, an
other is fellow officer who ''accidently"
shot a man the previous night in nearly
the same manner while the third is the
man who was with the deceased when the
shooting occurred and on the same
mission. On the other hand it is
hard to believe that two men could
have been shot in nearly che same man
ner. in two consecutive nights, without
some intent or objectionable carelessness
on the part of the officers.
Be it intentional or accidental a man is
dead. an invalid wife has been made
widow because husband. too poor to buy
coal to warm her, stole it, and four chill
dren have been thrown upon the world as
orphans. To add to the seriousness of the
matter that wife is bereft in health and in
the most absolute poverty. while the chill
dren are young and helpless. The laws
against stealing coal were made for the
benefit of the community, but the COM
munity did not want man killed for it.
The wife and the children are not guilty
of any crime and still, under the circum
they are the. sufferers. The
clear duty, then, of the community is to
do something for them. Yesterday many
big hearted men and generous and tender
hearted women contributed to their COM
fort, but they should not provide for day
alone for them. In few days the affair
will be forgotten, what was handed in yes
,erday will be consumed and the family
will be again buried in obscurity and
No man or woman csn COM
nence the week better tomorrow than by
sending down to the bereaved family |
whatever they can afford to spare in the
inc fuel and food. 1t might also be stated |
here that two of the boys are large enough !
o make fsw dollars a week each il some |
generous people will give them a chance |
md by this means can help to support |
heir sick mother and youger brother and |
lister.