The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-09-28

Justice Jones court room was fillei TO
OVERLOOKING yesterday. The preliminary
hearing of DIR. James Mckenzie and Will
lam Smith was in progress. The state was
represented by County Attorney Boone
and II. c. Gordon. while Attorneys Stan
ley. Kuhn, Amidon and Couley appeared
for the defense The usual motions to
quasn the Information was overruled by
the justice, as was also the motion for
separation of examination OF the defend
ants. The next move Of the defense was
for separation of witnesses, which received
the same treatment at the hands of the
justice.
The first witness called by the state was
DR.. Shelly, of Aiulvane. whose testimony
in substance was as follows: Il have re-
sided in Mulvane for the past fourteen
years; have known the defendants for
several years and WAS called 20 the resi-
dence of Mr.. Smith on the 18th day of Sep
TENDER last; | made an examination of
Mrs. Smith and found that she had given
birth to child within tweDty-four hours;
Mrs Smith is 20 years of age and resided
with her husband four miles from Null
vane. in Sedgwick county; the defendant
told me that his wife had given birth to
child but il was dead: examined the child
at the undertakes Office in Mulvsue and
found that ii was fully developed child
or nearly so: the body showed no marks of
violence whatever; Mr.. and Mrs. Smith
both told me that the child was born dead
aud that Dr. Mckenzie had asked to take
1t 10 town, which he bad done"
Rogers SebrI;t testified that he was
working for Smith at the time and had
gone for the physician on the evening of
September l.: that smith told him the
next day that his wife had chill the
night before, and during the afternoon
Smith told him that they had baby down
town which they We're trying to make him
daddy.
wv. II. Scheidle, the livery stable man,
testified that DIR. Mckenzie bad come TO
his house about O'Clock on the morning
of September Is and had with him baby
which he wanted him and his wife to
adopt. That the doctor told them that he
had been called to attend a woman who
was moving to Fort Sill, and she had given
birth to the child; that he supposed the
child was dead and bad brought it to his
Office for the purpose of putting it in alco-
hol, but that while on the way the child
came to life and began to cry. The doctor
also said that be would have returned the
child to the woman but she was moving.
He said that he told Dr. Mckenzie that
the child belonged to Bill Smith and he
saw him going TO Smiths that evening, to
which the doctor requested him TO keep
mum.
From the additional testimony il ap-
pears that DR. Mckenzie visited several
neighbors wi:h the Child wrapped in cot
ton butting and carried in a grape basket.
He wanted some one to adopt the child
and failing in this be asked that it be
nf fnr ,fx--f hon
ing that if it lived he would take it to
Wichita, aud if it died he would pay all
the expense. He finally had the child
cared for by Mrs. W. II. Dsvore, who
keeps hotel in Mulvnne. The child was
taken to DIR. Mckenzie's residence about
O'Clock the next day, where the doctor Sc
cured the services of Mrs c. A. Blakely,
practical nurse, but the baby only lived
until 1920 of that day. The doctor still
chung TO bis story OF the mother of the
child being a mover on the way to Fort
Sill, l. Il. The witnesses all told the same
story, and it appears the child died from
exposure, it not having been washed or
dressed from its biri h until after its death.
The defense introduced no evidence and
the defendants were assigned to the county
Jail without bail, to be tried In the district
court Previous to this occurrence the
have stood well In the commu-
nifty, whore they have resided for several
yeas. The case has created intense inter
est as no other occurrence has done for
many months.
The line of the defense is not known at
this time but the defend ants are ably rep
resented, and said TO reporter Yesterday
that they would come ont clear when
placed on trial. Mrs. Smith the mother of
be child, was not able TO be present, and
lt was believed by the witnesses present
that she thought her babe Was dead when
AIKEN away 10y the doctor. Mrs. Smiths
maiden nams was Stewart aud her father
was aiding the prosecution.