The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-04-26

The Jury in the Doodle cases were still
hung at l O'Clock this morning with some
prospects of reaching verdict soon.
1t was reported through the usual invisi-
bic source that they stood 10 for conviction
and two for acquittal, with the ten trying
hard to pull the two over TO their side.
The contention appeared to be over
some points IN the instructions of the
court.
The prosecution expected some trouble
on account of the instructions and were
not at all pleased with them, although
Justice Jones says that he made them out
as fair for the state as for the defense.
The instructions were quite lengthy.
The iury was instructed among other
things to set aside the whole of the evidence
of any witness W no may be found to have
testified falsely TO any material point,
that a verdict of guilty might be found
against any one of the defendants and
verdict of acqulttal for the other The
document also instructed that the mater
ial poipts in Professor BARRIERS testimony
must be co.roborated by other evidence.
This particular instruction caused the
most contention.
When the court convened yesterday
morning he attendance was quite large,
many ladies having come to hear the
speeches.
Judge Wall opened for the prosecution.
The court room was crowded with spec
fators, and Judge Wall approached the
front OF the jury box without sign OF
enotion, and addressed them. He compll-
mented them on their patience and the in
terest shown by them In the evidence.
He said he never had anything to do with
a case in which there was so much public
n ha
He referred then to the fact that Wichita
was a growing young city and that it
should be the duty of every honest man
10 see that its affairs were honestly man
aged. He charged Ward with being the
chief conspirator by reason of the fact that
his experience and ability enabled
him to contrive a scheme and execute it
lvlJu smootbuess and system. He thought
t.ilt liz position on the school board was
tie -utals of his livelihood. He dwel6
good de al on the circumstance that Ward,
without knowing Barber, proposed to him
10 take the position, and called attention
That all his letters to Barber had references
which were marked Confidential" IN
,licaUing that there was something dark
and mysterious in his intentions aud pur-
poses He also called attention to the fact
that in the case of Barber, Ward violated
the rules of the board by making his salary
in twelve payments aud paying him part
OF IL in advance of the time be commenced
work He paid his respects To John
Kelly, and pronounced his evidence that
of conspirator. He laid stress
testified that he put Wards notes in the
Eands of Mr.. Sturdevant tor collection aud
rhe further fact that Mr.. Sturdsvant after
wards denied having received them al
though he, Mir. Sturdrvant, was one of
the "A torneys for the accused.
- !
tribute to the county attorney for his &C
tion in bringing the prosecutions and the
able manner in which he handled them
the difficulties that were
in his path. always met with in such cases.
1t would not be justice to Judge Wall to
pretend TO give even anything purportine
10 be an adequate description of his line OF
argument. He made one OF the nnest Ell
forts CT his life. When he warmed up in
his arraigument of the accused his
oratorlcaI powers increased and the jury
drank in every word he said while
he spectators listened with the most pro-
found silence and noticeable admiration of
the power and talent of the speaker. His
language was splendid, If not classic, and
old lawyers ut the Wichita bar who list
ened to him said that he exceeded all pre-
vious efforts.
j. T. Conley followed him and while he
made great speech it was different in its
character from that of Judge Wall. Mr..
Comfy has great deal of native oratorical
ability but it is not so well trained as that
OF Judge Wall. If he followed the evil
dencs aud dwelt logically upon it his
speech would be a masterpieces but too
much of il, perhaps, was devoted to attack
upon Tony Reed, the prosecuting witness.
whom he roasted without mercy. lie
also roasted the papers and alleged
in a round about way that they
were prejudicing the public mind
a the case. Ee even charged
Judge Wall with doing most of the edit
ing since the Doodle cases were commenced,
and that the judge had predicted in his
last editorial that it would be a hung jury.
Many people listened TO Mr.. Comfy
whom they dubbed ''the Irish orator"
While there was considerable of what
might be termed "buukum" in his speech,
nevertheless il was q strong one from the
position OF the defense.
Mr.. Comfy was followed by A. NJ Sturde-
want Who spoke for half an hour. He took
the position that Barber came forward as
= witness in the prosecution for no other
MOTIVE than 10 be on the side of the emit
nj ent in hopes, as a last effort of being re-
tsinea in mis- position. He condemned
him for turning upon the man who be-
tfiended him, and likened him unto
CaEsius who stabbed Caesar.
tMr. Sturdevaut discussed the evil
'ence at some length and there
idre did not put in much time
oal spectacular oratory His speech, how
eyer, was very creditable one. and be
wsas listened TO with great attention by
tbe jurors.
Is Il. Amidon followed for forty-five
allnutes. sam is not an orator. but he is
~ powerful talker. Iu addition To the
usual organ % speech be expresses his
ideas with his arms. and with his sleeves
rS,lied up he emphasizes his words with
his powerful arms In IA manner that rivets.
attention. He is good tactician and can
advance the strong points in his case with
al much tact as he can conceal the weak
points. He speaks in n high q note and
can be heard beyond the limits of the ordi-
MARY ward. While a modern young man
in every other respect, he still cilngs TO
be oratorical gestures of = former genera
lion. He presented the evidence that
sJhited HIM best with caution and force
f.nd did his best 10 divert the minds of the
Jurors from the evidence that did
mot snlt his side OF tue case.
The arguments closed with an hours