The Wichita daily eagle., 1894-12-07
ROBBERS ARE HELD
MGINTY'S ASSAlLANTS ARRAIGNED
IN POLICE COURT.
Four Waiye Examination and Are
Held in a Good Stiff BOud-Lum
Brown. the Chill SOup Man Wants
Prompt Hesring-Made Victims
of a Il Odak.

Smith, Hupp, Bryant, Ward and
Brown, the five men charged with
the shooting and robbing of Michael
McGinty last Monday night, We're ar
raigned in the police court at o'clock
yesterday and all Of them waived a
preliminary examination with the ex-
ception of Brown, who demanded a
hearing
Judge Babb. the examining magis-
trate, bound each one over TO the dis
trict court in the sum of $500 TO
await the next term with the exception
of Brown, who is bound over in the
same sum till next Thursday when
his hearing is to take place. Smith
and Ward said that they could not give
bail, Hupp said that he possibly could
after little while, and Bryant said
that he thought he would be able TO
put up the required bond in short
while. None of them complained
about the amount of the bond fixed.
Smith is a light young fellow with
dark, disordered hair, falling down
over his forehead like the thatch OF a
carelessly kept cabin. Ward is also a
young fellow who seems to be indif-
ferent to matters of so serious an as
pect as those surrounding him. Bry-
antis about 26 and is good looking and
well dressed. while Hupp is about the
same age and not a bad or evil look
ing person. Brown looks like a Mexi-
can but smiles like Frenchman.
Cliff Sawyer was in police court and
took a kodak view of the five without
them being aware Of it.
Brown is the latest addition to the
captured. He is the man who has so
politely and Frenchafiedly dispensed
Chilli sauce to the patrons of a saloon
90,
months.
He took no part in the shooting and
robbery, but is said TO be the back-stop
of the gang, an accessory before and
after the fact, to use the phraseology
of the learned counsel for the state.
Judge McCandless. Judge McCandless
alleges that he can prove, beyond a
reasonable doubt, that c. f. Brown, as
he is called, was an original participant
in the conspiracy to rob Mike McGinty
and that after the robbery he furnished
information to the gang about the
movements of the officers and such
matters as would tend TO hide the
criminals or enable them to escape from
justice. In addition, the judge alleges
that he can prove that Brown received
a part of the stolen money. The Off
GERS visited Browns rooms yesterday,
secured his trunk, took it to headquar-
ters and that when he came after il,
they dumped him in the jug, to use the
vernacular of the police station.
The charge against them is burglary
and robbery in the first degree, and
this alone makes them liable to a
term of twenty-one years in the peni-
tentiary. At the proper time charge
of assault with intent TO kill will be
preferred, and in the event of Nc
Ginty's death a charge of murder will
be filed. 1t don't make much difference
what the charge will be the accused, if
proven guilty, will be confined for so
long that il will be nearly as bad as
the death sentence.
Public sentiment is pretty strong
against the crime and not a few men
said yesterday that lynching would be
meeted out to them in Indiana or
Ohio.
Mr.. McGinty was reported some bet
ter yesterday, but the fact is there is
really no hope for his life.