The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-25

Defense Objects to Massey Selecting Jurors
Because He is in Jail-AlI the Afternoon
Getting One Juror-John Davidson Gets
on by Declaring the Whole Thing a
SwindIe-Mr. Moore Remembers that
He is Secretary of the Prohibition Cen
trail Committee-Some Interesting
scenes in Court.
The writing of the third CHAPTER in
me history of the Citizens club case
was commenced yesterday. The
Schnitzler brothers, Billman and Burns
were arraigned in Judge Hatton's
court on the charge of violating the
prohibitory liquor law
The court room was crowded, many
prominent business men being present.
III at once became evident that there
would be contest in the selection of
Jurors. People present soon realized
that this was going TO be one of the
biggest liquor trials ever had in Sedg-
wick county.
There was a good deal of specuia-
tion as to the tmoun tot costs growing
out Of this Citizens club case. The first
chapter was the arrest of the four par
ties named and the ceizure of the liqu-
ors in the club rooms. The second
chapter was the issuance of a writ OF
replevin and the trial of Chief Massey
for contempt
This third chapter will probably be
the longest in the case unless it be a
subsequent chapter written in the pro-
ceedings in the district court.
MASSEY COULD NAME THEM
When court convened yesterday
morning Assistant Attorney Camp
bell appeared 10 prosecute the two
Schnitzlers, Billman and Burns, and
otto Eckstein and Kos Harris for the
defense.
The first set to was as to
who should summon jurors Mr..
Campbell demanded that Chief Massey
go GU. in the city and summon jurors,
but the council for the defense entered
a protest against this proposed pro-
ceed;ng and demanded that the court
name the parties to be summoned.
Judge Campbell argued that it was
the duty Of the chief of police to sum-
mon the jurors, and that that was the
usual way jurors Were selected in JUS
tice courts.
Mr.. Eckstein protested vigorously,
and declared that we were now in a
peculiar position here in Wichita.
That police commission had been ap-
pointed TO execute one law and that
named TO assist them
He argued that Chief Massey held his
position by the grace of the attorney
general. and to allow him to select jur-
ors would be identically the same thing
as 10 allow the prosecution to name
them, and besides said Mr. Eek
stein, ''the chief of police is in Jail, con-
structively, and ought not 10 be here
selecting men to go into the jury box"
Judge Hatton ruled that the chief
of police was there to do the bidding of
the court. and he thereupon ordered
Chief Massey to call men from the by
ISLANDERS
LATHAM CAUSED SUSPICION.
The first name called by Massey was
Mr.. Latham, man who lives on the
West Side, and has only been in this
county for six months. Mr.. Latham IS
short round faced man with gray
hair. and wears a broad brimmed cow
boy hat.
He came in from Chief Massey's
room and that was what aroused the
suspicious of the defense that Massey
was trying to pack the jury. 1t was
afterw3rd learned however by a re-
porter for the Eagle, that Latham was
in the back part of the room and when
called could not make his way to the
front. and went out into the hall and
came through the chiefs room.
When Mr. Latham took his place on
a jurors chair and the attorney gener-
al had questioned him to his Satisfac-
ton. Mr. Ecksten said:
Where do you live?"
''On the West Side
How long have you lived there?''
About SIX months
How did you come to be in the court
room?'
Il came over to this side and heard
there was trial and 1 came to see"
Who told you there was n trial
here?''
II don't know: 1 heard some men
talking about it,
Did you ever come here to attend a
trial before?"
Were you ever in any OF the saloons
or joints"
mo, | never was"
do you know where Schnitzlers
place is?''
No 1 do not
do YOU know where Charley Jones
place is?"
-Bitting,s placer"
NO SIR
Charley Mosbacher's placer"
Il don't know"
DO you know where the Eagle place
is?"
NO sir"
ECKSTEIN GETS HIM RATIFIED.
Mr.. Eckstein succeeded in rafting
the juror and he finally said he did
know where the Eagle office and Mos
bacher's place were. He also said that
he thought a man who bought liquor
was IN mighty email business.
The examination Of this juror occu-
pied nearly all the morning session and
Judge Campbell protested and said in
Ill \ s1a he no
Juror submitted to such a cruel ordeal.
Mr.. Eckstein twice challenged him
on his statements, but when question
cd by the court he modified them and
the challenge was overruled. Mr..
Latham seemed to be an honest man,
but his prejudices against the use of
liquors was so strong that the defense
was afraid that he would not be able
to render an unprejudiced verdict. and
he was disposed of on a pre-emptory
challenge.
When the noon hour came and an
adjournment was taken to o'clock
the prospect Of securing a jury seemed
If anything, less encouraging than
when they commenced. Judge Hatton
gave the attorneys to understand that
he should run the jury business to
suit himself. and that after dinner he
proposed To call men from the crowd
present into the jury box and then the
attorneys could examine them as TO
their qualification as Jurors.
WANT TO CHEER DEFENSE.
When court convened al p. m, the
crowd If any difference was larger than
In the morning. The room was pack
ed almost 70 suffocation and many
prominent business men stood wedged
in the crowd witching the proceedings,
some with interest and others with APP
parent disgust.
1t soon became evident in the after