The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-01-11
FORCED TO TRIAL.
CLYDE MATT0X MUST FACE THE
MUSIC DURING THIS TERM.
Judge Williams Says That He Had
Ample Time to Prepare Ills De.
fense-The Trial Will Last
During the Remainder
Of This Week.
The trial of Clyde Mattox mas COM

The trial of Clyde Mattox mas COM
menced.
| Yesterday his attorneys asked for con-
tinuance in order to enable the defendant
to obtain witnesses whose location aud
place of abode he had just learned. One
of these witnesses was in Old Mexico, an-
other in Oregon and still another in Ohio.
| District Attorney Perry resisted the mo
ton and proceeded to demonstrate to the
! court that if Mattox wanted these wit
nesses he could have gotten them
long ago. He recited the opportunities
afforded the defendant since bis arrest to
| get witnesses and since he neglected these
| opportunities the prosecution was not to
blame He also told the court that all
| but two of the witnesses Clyde wanted
| had testified in the case before and that
he would admit their recorded testimony
in this trial.
The attorneys for the defendant made
fair arguments in support OF the motion,
but Judge Williams overruled it. He
said the case was pending for four years;
that MaItox WAS tried twice before
and that in all that length
of time lie had ample opportunities
to ascertain the whereabouts of his wit
/, nesses and procure them when necessary.
Judge Williams also said that the court
should take notice of the cost OF t1e trial.
That there were something like 100 wit
nesses now ready aud that the government
could not send these home and bring them
here again by continuing the trial. He
said expense compared to human life or
human liberty was Il small matter, but
. hat 4 ko bo Jeff aIf baf
Mattox could go to trial with the witnesses
he had. He also called attention that one
of the witnesses lie most desired was in the
republic of Mexico and outside the juris-
diction Of the court. He then gave the
attorneys fifteen minutes to prepare for
the trial.
A short time after an ajournment was
taken till this morning.
The prisoner sat beside his mother in
the court room and was not as pale rs he
seemed at previous trials owing. no doubt,
to she outdoor life he enjoyed during the
time he was out on bail. He seems to be
more nervous than ever before and is not
as we'll dressed.
A good many ladies were in the court
! room yesterday.
The trial of case wilr last the remaider
of the week and verdict will not be re-
| turned before Monday. at least. The state
will fight the case hard.
MORNING SESSION.
Court conuendd at 10 o'clock and the ar
gument in the Mcdaniel perjury case was
resumed. 1t 1910 the case was given to
tho jury, and exactly at II o'clock the jury
came in, led by Leon DeBost, deputy
United States marshal. The verdict WIS
handed TO the clerk, and was found to be
one of not guilty.
The verdict was received with much
favor by McDaniei's colored friends pres
ent, who attracted enough attention to
cause Judge Williams to exclaim, Order
in the court"
| While the jury in this case was out the
case of the Western Union Telegraph COM
pany VS.. the sheriff of Stanton county was
taken up. The suit WAS brought on the
sherlff's bond for $1,000 Two years ago
warrants for the collection of taxes due
from the company were placed in the
| hands of the sheriff for collection. Fail
ing to get the money, he took down
twenty five miles of wire belonging to the
company. For this the suit was brought.
Judge Williams allowed the company
sl,340, the actual cost to the company.
George Getty of Syracuse represented the
telegraph company, but the sheriff was
not represented