The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-02-10
GETS A NEW TRIAL
FAMOUS CASE Is REVERSED BIZ
STATE SUPREME COURT.
George Rogers and His Counsel Make q
Will Again Come Back TO Harvey
County--Stayed by Rogers When His
Money Was All Gone--Shiriey Took q
Change of Venue--Some Famous Crooks
Who were Used as witnesses--Cone Got
His Two Thousand Dollars.

Judge Wall received a dispatch from
Topeka yesterday notifying him that
the Rogers case had been reversed by
the supreme court.
This case was tried in Harvey county
in Wichita for the reason that George
Shirley OF this city was one of the de-
PENDANTS in thecase. and three promi-
nent attorneys, Judge Wall, Senator
O'Bryan and W. E. Stanley. were en-
gagged in the defense
In the spring OF 1892 some of the
records OF Harvey county were de-
stroyed by fire. The records had been
piled on the floor OF the vault Of the
court house and coal oil poured over
them and fired.
The act created great indignation
among the people Of Harvey county and
PinkertonS were employed TO run down
the guilty parties. After making ex-
animation the Pinkertons told the Har-
vey county officials that they would be
unable to convict anybody of the Of
Tense.
Not willing to give it up, Harvey
county offered a reward of 81 900 for the
arrest and conviction Of the perpetra-
tors Of the act, and Rufus Cone. then
chief Of police of Wichita, took the case.
He worked on il for some time and
finally in the fore part of the summer
Of 1898 arrested G. w. Rogers of New
ton and George Shirley of Wichita.
charging them with the burning of the
records.
preliminary trial was had in New
ton and Rogers and Shirley were held
and their bond fixed at 1000 but af-
forwards reduced TO 5000, which they
gave.
Rogers retained Judge Wall and SEN
ator O'Bryan and Shirley the same men
and w. E. Stanley to assist them.
Nearly the entire bar of Harvey county
was employed to assist their county at
torney in the prosecution.
The two defendants were not agreed
as to the manner of defense. Shirley
wanted to make the big fight for a
change of venue, claiming that the peo-
pie OF Harvey county were so incensed
that no man accused OF the crime could
get fair trial in that county. Rogers
was willing to have a change but insist
ed that he could be cleared in Harvey
county.
The change of venue was refused and
the trial was set in Harvey county.
Shirley jumped his bond and Rogers
was convicted.
Rogers counsel appealed to the SUI
preme court, claiming that Rogers had
been convicted by perjured testimony
Of Harry Carroll, James Martin and
Mickey Slade, all notorious crooks.
Carroll and Martin claimed that
Shirley had hired them to burn the
records but that they failed TO perform
the work. Then Slade claimed that he
had been hired by Shirley and complet-
ed the job.
1t is claimed by Rogers attorneys
that Slade, Carroll and Martin have all
been sent to the penitentiary in Ne
braska since the Rogers trial and
whether they could be secured now to
testify afainst Rogers since he will get
new trial is a matter of doubt.
Shirley has never been heard from
since he skipped out but his lawyers
claimed that he would return when
ever he was granted a change OF venue
and a fair trial This is what Senator
OBryan told the Newton authorities
when Shirley failed to show up for trial
This has already been a costly case TO
Harvey county and the only man ahead
of thegame is Rufus Cone. He got his
g, 900 for convicting Rogers but wheth-
er Harvey would be willing to give him
another 1000 to convict Rogers again
is not stated