The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-26
HE LOST HIS CASE
JURY IN JACK DAVIDSON CASE Re
TURN MOI GUILTY V1RDIOT.

Assistant Attorney General Says the Eagle
Tried the Case and He Proceeds tn De-
no1uce It-Jurors Stand Up and Indorse
the yerdIct-Matt Wallis Case is Up and
the Council Get into squabbie and it
Runs Up the White Flag-Amidon and
Coniey Allow Him to Slip Out.
After the Jack Davidson jury came in
yesterday morning and returned YER
dict of not guilty one sensation followed
another in quick succession. The YER
dict was no surprise, for the case, pro-
baby with the exception Of the NUS
ance count, was considered lost before
1t ever went 10 the jury.
1t goes without saying that Bill
Campbell was dissatisfied with the YER
dict and there is no probability that ne
will ever find jury in Sedgwick coun-
" that will please him unles he can get
permission of Judge Reed to select all
his speciaI venires from the law and
order league.
When the jury in the Jack Davidson
case filed into the jury box yesterday
morning to return their verdict they
appeared worn and weary but a inner
looking jury never faced judge in a
district court They were representa-
tive professional business men and FAR
ners who had sat patiently for ten
long days. most Of which time when the
thermometer vibrated around the 100
mark. listening 10 conflicting testimo-
nv about the location Of Jack David
sons place of business.
They had heard men testify that they
bought and drank beer in that place
but they took with them TO the jury
room the instructions OF the court
which told them in unmistaka BILE Ian
guage that if the prosecuting witnesses
did not have in mind these sales that
had been proven that they must return
verdict of not guilty ard the prosecut-
ing witnesses and the assistant attor-
ney general both swore positively that
they did not have these sales in mind.
How can any man censure jury for
not convicting under such circum-
stances unless it be the assistant attor-
ney general, who is loking about for
some excuse 70 justify himself before a
lot of Topeka cranks who are the ever
lasting enemies of Wichita. He de-
manded a poll of the jury which was
considered an unusual proceeding for
the state in criminal case and every
the imperishable garb of American ci-
tizensip and boldly declared that that
was his verdict
The assistant attorney general made
an Intellectual effort TO appear disgust
ed but it had no noticeable effect on the
twelve Jurors who turned two steady
eyes upon him. They knew and Tiger
Bill knew that those twelve staunch
citizens were the rock upon which the
NJ vii ga of in
tolerance and vindictiveness had gone
to pieces and the fragments floating on
the calm sea of ad astra per aspera.
When the Matt Wall liquor case was
called and the council for the defense,
Messrs Amidon & Comfy, objected TO
ninty-nine names which the assistant
attorney general had added after the
jury had been called in the case, Tiger
Bill sat up a deafening howl.
He abused the counsel for the defense
and told now he had suppressed the re-
bellion of the Shareholders. but omitted
the incident of planting the flag above
the stars on Lookout mountain that has
done so much service in the law and
order meetings. He told the court how
he had done his duty all along the line
of his life and how his motives had
been impugned by designing and sell |
fish men.
He told the court that the Eagle had !
tried the case and he noticed the other |
day in that paper something that SEEM |
ed to be complimentary TO him and
right then and there he looked into his
own heart to see if there was not some |
thing wrong with himself. but just
why he persisted in looking into a dark
place like that when all the bright
world was here for him 70 look upon he
did not state.
The jury were not out of the jury |
room long before the reporter learn ed !
that when they went into their room |
the first thing they did was to strike |
out ten counts which only left one, !
which was maintaining a nuisance.
The first vote stood 70 for acquital !
When they come to discuss the matter |
it was found that all agreed that the !
building had been properly located and /
that the evidence showed that liquor |
had been sold in the building. but it |
failed to show that Jack Davidson had /
kept or maintained it.
There was an all day fight over legal /
points in the Matt Wall LIQUOR case yes !
terday. The special venire summoned !
the previous day which was composed |
OF the following men:
J. T. Brinley. \. 3. Clarke. Harry |
Dugan. G. w Keith, Pat Mcdonald. |
James Pickens. Z. II. Thomas. Grant |
Hays. W. E Filming. c. II. Hunsaker,
Henry Lane, Peter Dillon. D. T. Sea-
lock. Robert bennett and Pat McCrea.
We're kept al day in the jury room and
at night without being call
ed into the jury box.
The bal. opened in the morning when
Amidon and Comfy ascertained that the
assistant attorney general had Endorsed
ninety new names on the information.
waking in all 49, witnesses TO prove one
count.
The defense protested against this
proceeding and claimed that 10 allow
this would he an abuse Of the discre-
tionary power vested in the court and
he quoted from the Reed case taken 10
the supreme court from Cowiey county
tc sustain their position.
The defense claimed that they were
surprised by the proceeding and the as
sistant attorney general insisted that
be had asked leave 10 indorse new
names on the information. Judge Reed
said there seemed 10 be difference as
10 facts and ne would bear testimony
In The case
Circuit Clerk Bridgeman and Depu-
ties Luling, Dague and Alderman were |
al sworn and stated that they had
seen nothing Of the new names until
after the trial was commenced !
The assistant attorney general and
his stenographer both swore that the !
names were handed in on Monday and J
he court Stenographer. Mr.. McI.augh-
in. said he remembered that something
lad been said about il but that he had
made no record because il did not be-
ong to the case then on trial. which
vas the Davidson case
The assistant attorney general made !
I
Awarded Y