The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-11-11
ADMITTED TO BAIL
SMITH AND MKENZIB HEAR GOOD
NEWS FROM TOPEKA.
Supreme Court Holds That They Can
be Admitted to Bail In the sum OF
Twenty-Five Hundred Dollars
County Attorney Boone Said to
Agree to it-Bo.h Talk

Judge Horton Of the supreme court yes
terday decided TO admit w. +. Smith and
DR.. Mckenzie to bail in tue sum OF 81 so
each. a. reported by the attorneys III the
case The sheriff has not received any Off
Gal notiticat ion of the decision up to last
evening, and the defendants are still con-
fined to their cells and rs is the custom
vii persons charged with murder, are lot
permitted the freedom OF the corridor.
An EAGLE reporter was the first To bring
the TWO men the joyful news OF the decis-
ion of the supreme court in their case. To
say hat they received the tidings with j y
expresses the facts very mildly.
Il tell you," said VIII Smith, this con-
finement TO IA farmer boy who has always
been free aud has has spent his life in ;he
activity necess AIRY to a farmers life, Is SIM
ply terrible We have no cause of CON-
plaiut of the treatment We haye received
from the sheriff or the turnkey. but the
rules of tuis hotel ale such that persons
charged with crime such as tie one with
which we ate charged, are not allowed
much freedom. As far as l am personally
concerned viii have my boads ready in
few days. / have no fears as 10 the out
come OF the trial whatever. / am perfect
ly confident that when the case comes to
final trial befors jury and they have all
the facts and circumstances brought be-
fore them, will BE- cleared as I'm sure
that am here at the present time. There
are always two sides to story
and the public have heard but one side
l do not desire to give any line that will he
Persuaded by the defense On trial, but will
leave ali that with my attorneys. L will
say that it will be great advantage TO he
able To meet aud talk with the witnesses
face to face"
While DR.. Mckenzie was equally joyful
over the good news only said that he would
secure bis bond, and was anxious for the
fiUal trial 10 come off
IL will be rememb ered that Smith and
Mckenzie are the two men who were ar
Rested and bound over to the district court
for The death OF an infant Child born to
the wife of Smith. DR.. Mckenzie was the
physician in attendance at the time Of
Mrs Smiths Confinement, ana hrou@hb the
Child 10 Mulvane, where 1t died the next
day. The coroner summoned II jury and
held al inquest over the body Of the child.
A preliminary trial was had before Justice
Jones, where only the witnesses Tor The
state testified and the defendants We're
bound over 10 the dis riot court without
bail 4 writ OF hsbeHs corpus was issued
by The judge of tue district court and the
question If admitting the defendants to
bail WIS brought before the judge who de-
cided that the defendants could not tie
admitted 10 bail. An appeal from the de-
cision Of Judge Red was taken to he
supreme court, and the argument of the
attorneys was set for Friday. L. is said
that County Attorney Boone finally agreed
to the proposition of the attorneys for the
defendants that Smith and Mckenzie
should be permitted to give bail in the
sim of 50 51l