The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-26

In this wise was justice dispensed in
| those days.
Though but one murder-a case Of in
fanticide-is recorded in that whole
first volume of the Oyer and Terminer's
records, there is a records of no less
than forty-two death sentences, none of
which was RENTED by pardon. Theft
burglary. robbery. forgery, blasphemy,
all We're considered capital offences and
there are but few instances where the
death penalty was not inflicted on the
convicted perpetrators of these crimes.
In one instance forger, one Lion Solo
mon, who altered a bill of exchange for
e, it appears, had the good fortune to
escape with his life. He was sentenc-
ed to imprisonment for life in bride
we'll and had the letter c branded on
his left cheek.
The death penalty, on the other hand,
was frequently RENTED in the cases of
slaves, who by reason Of their money
value probably were usually pardoned
by the governor, before the court even
had an opportunity to impose sentence.
Common assaults were commonly pun
ished by thirty-nine lashes al the whip
ping post. This number Of lashes, for
some unknown reason (unless it be to
recall the thirty-nine articles to the
impious( seems to have been consider
ed the most proper number TO be APP
piled to the bare back, though there are
several instances of less.
Transportation, il would appear from
these records, was one of the rarest OF
puniShments. There is a humorous
suggestion in the fact that when GRIM
inals were ordered to be transported.
the state of New Jersey was usually
selected as their place of exile. Thus.
there is one instance of a negress hav-
ing been transported TO New Jersey
who on returning after fifteen years,
was punished for such persistent GRIM
inality by a long term in "Bridewell"
Surprising leniency, on the other hand,
was exercised in the case of disorderly
house keepers and rioters. who appear
to have been let off almost invariably
with fines ranging from f3 TO Is.
Our frequent miStrials and quashed
indictments in the case of public offic-
ers charged with corruption, again. are
foreShadowef in the first case of the
People VS.. a public official, one Abra-
ham Van Gelder. a constable. who was
charged with eXtortion. In his case
the jury returned with the simple but
unique verdict of ''ignoramus."
In the first volume also. is 10 be found
the first record of session Of the court
assisted by the recorder of New York
This happened in 1884, still the first
year of the court. when Richard Varick
was recorder. re prosecuting officer
the schOut fiscal of Olden time. was now
the attorney general.
Recorders and mayors continued 70
sit Jointly with justices of the supreme
court and the older men. their fellow
"esquireS commissioners" till during
the mayorality OF De VIII Clinton and
the recOrderShip IF Maturin LIVINGSTON
the mayor confined his judicial func-
tons to the criminal courts. while the
recorder sat in the mayors court a Gus
tom based apparently on the principle
OF lucus a non lucendo. In 1921 the
practice was reversed by legislative act
In 1888, by an amended charter the
power Of the mayor and aldermen to sit
in the oyer and Terminer and court Of
sessions was taken away; while the
functions Of the recorder and newly
created city judge were confined 10
the court Of general sessions.
Since that time the court Of Oyer and
Terminer. though court OF original
jurisdiction, has been naught else but
the criminal branch Of the supreme
court
Many causes celebres have be-sn tried
IN the Oyer and Terminer since tina.
time. and many have been the illus
trious judges who have elected 10 sit
in that court
Tweed was tried in the oyer and Ter
miner when Judge Davis was in the su-
preme court Of recent years the most
interesting trials in that court have
been that % Erastus Wtman. whose
convictions FOR forgery has lust been
declared contrary 70 law by The court
Of appeals; the nistrial % Police-Cap-
tain Devery. against whom the Rev.
Dr. ParkhUrst z appeared as COMPLAIN
ant; the cases against ex-P0lice T0sDec-
tor Mclaughlin. and Police Captasn
Stevenson. whose trials and convictions
for bribery and excortion grew ont OF
the senate police INVESTIGATION and the
subsequent creation Of an ex,ranriir-
airy grand jury. and the final sensa-
uonai trial u David Hannican. the
murder Of his SISTERS betrayer. who
was acquitted on the groundNof in
sanity
Justice Iugrahsm's expected dismis- |
sal OF the remaining police Indictments
may ftly be said 10 mark not only the !
close II the oldest criminal courts. hut
also the close Of an era Tor this city
the era from the downfall OF Tweed 10
the downfall % Croker. j