The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-14

uTeW vnelr InOllOii.
This was a boomerang that knocked
the attorney general cleaf off his feet
but he recovered and entered motion
to quash the jury for the same reasons
as We're urged by the defenS.
This necessitated trial and a sum
mons was issued for County Clerk Car.
vim TO bring his jury records into court
but the sheriff reported that they were
unable to find Mr.. Carvin. This neces
STATED a long delay, but the county
cleark was finally fished out from a
shady nook over on Market street.
He showed that while the judge has
issued his orders for the drawing OF
twelve jurors that the order was mis-.
placed and twenty-four jurors were
drawn. The assistant attorney gener-
al raised the point that the sheriff had
received no notice, but after Deputies
Burrows and Smith and Undersherif
Hays had been put on the stand, Judge
Reed decided that the sheriff knew OF
the drawing and that was sufficient.
This ruling pleased Messrs. Amidon
and Conley, because they had objected
to the jury themselves and when Mr.
Campbell had concluded to let them &c
they resisted the motion and defeated
it.
Judge Reed here ordered them to pro-
coed with the trial but it was we'll in
the afternoon and the Kurkle jury still
being out there were only nine jury
men available and they were called in
to the box and special venire was or
dered.
When the nine jurors were seated IN
the box Mr. Campbell opened fire on
them and dropped them out one by one
until only two We're left in the box
Some were opposed to this effort to en-
force the law and some thought the
penalty was little severe
The two jurors remaining in the box
were Robert Armour Of Greeley town
ship and Samuel Pearson of Morton
Pearson was said to be a prohibitionist
and so Mr.. Campbell let him alone and
went back and took another turn al
Armour.
Did I understand you to say that
you were opposed to this effort to en-
force the prohibitory law" asked the
assistant attorney general.
II expect you did for that is what
said'
rs your feeling against the effort to
enforce the law of such intensity that
you could not give the state a fair
trial?"
mo, don't know that ii is. / should
law and the evidence
Then why are you opposed to the
enforcement of law"
Because il is a useless expense to
no purpose
''Then you are opposed to the enforce
ment of the law because you think it
cannot be enforced. Is that it?'
Yes, 1 never believe in running after
a jack rabbit when I know before hand
that / cannot catch him."
But still you think you could render
a verdict according to the evidence and
the law?"
THAT is what should try to do"
Then it was o'clock and Judge Reed
said the special venire had not been
summoned and he would adjourn court
until o'clock this morning. He lean
ed forward in his big chair and put the
palms OF his two hands together and
pointed his two thumbs toward his chin
and said:
Gentlemen of the jury, it is my duty
to give you some instructions, and 1
feel like making you a speech. You
are the only two left but you may be
further examined in the morning in re-
gard to your qualifica tons as jurors.
I'm the meantime do not talk about
this case nor allow anybody else talk
to you about it. Stay as closely to-
gether as you can and don't get lost
and be here at 8 a. m. tomorrow"
Mr.. Eckstein here proposed that he
would like some information from the
Kunkle jury, as they had now been out
twenty-four hours.
Judge Reed said if the counsel for
both sides agreed he. would call the
jury in. Mr.. Campbell said he was will
ing but he guessed the other side knew
how they stood but Mir. Eckstein de-
clared that he had no information on
the subject.
Deputy Sheriff McCalister went to
the jury room and twelve very tired
and worn men filed in and filled the
jury chairs. Foreman John Martin car
hands and when they were seated
Judge Reed asked Gentlemen of the
jury. have you agreed upon a verdict ?'
I'VE have not. your honor" answer
ed Foreman John Martin.
The assistant attorney general agreed
that the question might be asked wheth
er there was any prospect of an agree
ment and how the jury stood.
Foreman Martin answered that there
was no prospect of an agreement and
that they had stood to 6 ever snice
going out.
Judge Reed then told them that he
would relive them and if ne had known
that they would be in this soon that he
would not have ordered a special venire
and charged them to be on hand for
duty again this morning.
Foreman Martin told a reporter for
the Eagle that the jurors had agreed
before they left the room that they
would not tell who voted for conviction
and who for acquittal, as they thought
that the proper thing to do.
One of the jurors, however. told the
reporter that the rock on which they
were wrecked was a failure to agree as
to whether Kunkle had been shown by
by the testimony to be connected with
joint in the room back of his restau-
rant.
The actions of the jury seemed to
please the crowd and great many cit
liens took an opportunity to shake
with them and even the officers did not
seem displeased. Chief Massey said:
There is not more honest German
than Albert Kunkle in the state of Kan
sas. He probably knows that il is
against the law to sell beer. but
he can no more understand that it is
wrong within itself than you can un-
derstand that there is harm in selling
milk"
1t was the talk last night that the
fight in the Jack Davidson case will be
for blood and Amidon & Conley. coun-
sci for Davidson. Were reported to have
said that they did not ask any quarter
Of the assistant attorney general but
that they We're going 10 fight for their
side Of the case
The kunkle case lasted five days and
II is believed that the Davidson case
VIII require much longer time.
THEY WANT GOOD WITNESSES