The Wichita daily eagle., 1894-03-13

"a
night states that the application for new
trial was refused in tie case OF the state
against George Washington Rogers aud
that the defendant was sentenced TO nve
years in the peuitentiary with hard labor.
The last days of this case came within
an ace of preciIitating crisis tnat prom
ised to be sensational beyond expression.
This was brought about by the follow
ing affidavit made by Senator Ed.
O'Btyan:
'.In the District Court of Harvey County.
and state of Kansas.
''The State Of Kansas, Plaintin,
VS..
George w. Rogers. Defendant.
AFFIDAVIT.
state OF Kansas. se
Harvey County,
ED. OBryan being duly sworn on his
oath says-I am one of Defendants attor-
uays; that on the Wednesday or Thurday
during the argument of this cause. and
while the Jury was listening to tho argu-
ments of counsels, one Rufus Cone, chief
OF police of the city of Wichita. aud who
was and is the party who secured the eyl-
dence in this cause. and who admitted on
the witness stand that be advanced $oOo
out of his ownspocket to bal! out Que
him at the preliminary and aid him IN
this case, did walk down the west side OF
Main street of the city OF Newton when
the Jury were discharged at noon. IN COM
pany with one C. L. Hyde. n juryman. and
who afterwards was the foreman OF said
jury. That affiant stood in west doorway
of the Arcade hotel in the city OF Newton,
and saw Hyde and Cone coming down the
street, saw them both stop in front OF the
ladies' entrance of Clark's hotel, which
is across the street from the Arcade ho-
tel, saw them both step in toward the Ia.
dies entrance of said Clark's hotel. ana
then and there saw Cone put his hano In
his pocket and pull il out again and hand
something TO Hyde, but at the distance
affiant could not see what it was; that AT
fiant Was watching them particularly De,
cause knew Hyde was Juryman ana
Rufus Cone was interested In the con-
vic,ion of Rogers because of the reward OF
$1,000 offered by Harvey county. That I'm,
mediately after the circumstances related
HYDE and Gone stepped out on the side
walk little, aud Cone walked to the gem
eral entrance of Clark's hotel, and Hyda
went on south across the track OF the
Atchison, Topeka and Santa Fe r. T. and
affiant turned and went into the Arcade
hotel, and further affiant saith not.
"ED O'BRYAN."
"Subscribed and sworn 10 before me this
9th day of March, 1894. :,
When Chief Gone received n copy of this
affidavit Sunday morning he was as mao
as a hor net. He read and reread it and at
Intervals of cry two minutes or SO wouid
ask himself The question "Does such a
man as O'Bryan dare say in this COM
munity. where have lived for seventeen
wears, that l would bribe juror. The
thought hurt the feelings OF the chief and
it was even suggested that he was to have
O'Bryan arrested yesterday tor PERJURY.
This got to be such serious matter With
the chief that it required great deal ol
persuasion at Newton yesterday TO pre-.
vent him from causing the arrest OF
Wichita's senator.
IL is also stated that the only reason the
arrest was not made is that the attorneys
for the prosecution thought 1t would look
too much like brow beating to have an
attorney for the defense arrested for per-
Jury on the day that new trial was asked
Cnief Cone still shakes his head and bis
cane when he thinks of the matter aud IN
dicates that the end is not yet
He was interviewed last night by re-
porter for the EAGLE and he said: IF you
quote me right l lave no objections te
talking to YOU. Excuse me COR maxim
that remark, but my receut experience
teaches me to be cautious, for people lie &c
that l don't know where TO place them.
"Did you talk with Hyde at the time
O'Bryan said you dids"
II testified yesterday on the stand nj
Newton and told O'Bryan that his affi
dayit was false and that he knew 1t to bs
false, | told him that he didu't see mt
with Hyde, that he didn't see me atClark's
hotel with HYDE. that he didn't see me pu
my hand in my pocket ani give him any
thing and that he knew it when he swore
to the statement. WASN'T at Newton th,
Wednesday he mentioned. l want there
the next morning at . O'Clock, When | eo'
there l went straight to the court house
the jury, including Hyde, Was In the box
and l left there before the jury left The
box and came home l never knew Hyde
till Yesterday, | did talk with him some
time ago about Johu Reeder, but that was
long before O'Bryan said he saw
me with him, and the judge o
the court was walking close behind u
all the time We spoke on no other sub
ject but concerning some business affair
he had with John Reeder. didn't know
who Hyde was at the time, didn't know
be was juror and did not have wore
of conversation with him about the Rog
ers case.
Do you still think you will hsv
| O'Brysn arrested for perjury!
| will tell you this aud that's ali, "
| am not done with this matter yet.
What does Hyde say?'
He was put on the stand and testified te
! what have said"
| Senator O'Bryan could not be seen last
night to ascertain mis- side of the affair,