The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-11-14

Held that it is Within the Sound Dis
cretion of the Court to Allow the In
dorsement of Additional Witnesses on
the Indictment After Beginning of Trial
"Details of the Case Set Forth
The following opinion rendered in the
case of the State VS., Seth Jones ap-
peaaed from Reno county was handed
down by Judge Cole of the appellate
court. 1t is of considerable interest
especially i'm prosecutions under the
prohfpitory law. Some of the main
questions involved were subjects Of
oonten ufon in the courts of this county
recently The points at issue are de-
vefoped in the following opinion:
OPINION OF THE COURT.
The defendant Seth Jones was charg-
ed by Indictment in the district court
of Reno county, with unlawful sales
of Intoxicating liquors. The indict-
merit Contained fifteen counts each
setting forth a distinct sale, the defen-
dant was found guilty upon each OF
said counts excepting the third, fifth
sentenced to pay a fine of 500, and to
be confined IN the county Jail of Reno
county for period Of 80 Ga;s on each
of said counts upon which he had been
convicted. From such conviction the
defendant appeals to this court.
A number Of erros are alleged by the
defendant, the first and second may be
considered together and are, that the
court erred in overruHng the defend
ants motion to quash the indictment,
ard that the court erred in finding
against defendant on his plea in abate-
ment The particular grounds urged
for the position Of the defendant are,
that the bill of indictmen t was not sign
ed upon the back Of the same by the
foreman of the grand jury in open court
or by the foreman and n presence of
the grand jury. The position of the
defendant is not well taken. The in
diotment in this case was Endorsed at
the close OF the said indictment just
after the fifteenth and last count of
the same "a true bill'' followed by the
signature of w. c. Gray, foreman. The
word ENDORSE usually signifies TO
write upon the back of a paper or
written instrument, but THAT is not the
fun meaning Of the word; II also signi-
fies to give sanction to. and we appre-
hen1 that the foreman of a grand jury
may properly comply with the statute
by ;5anctioning the bill Of indictment
et the foot thereof as well as by writ
ing his name upOn the back of thu bill
The real purpose of the statute is,
that the sanction of the grand jury to
the It'll may be shown upon the record
and the evidence of that sanction is the
signature of the foreman of that body
The staltute does not prescribe who
shall fnIdorse the names Of the Witness
es and 50 long as they are placed upon
The Indictment by one who represents
the state i'm the prosecution of the Of
Tense stated in the indictment, the in
dorsement Is sufficient
The record in this case discIoses that
The Indictment was signed by the coun-
ty attorney and Endorsed "a true bill"
by the foreman of the grand jury, and
filed by the clerk OF the district court
of Rero county. 1t has been repeated
ly he'll fiat this is a sufficient record
that the indictment WAS duly returned
and presented in open court. This
cause was tried THE same term ait which
the indictment was found and the stat
ute prescribes that the record Of the
return of indictments and the making
of copies thereof shall be made by the
clerk during the term ait which such in
dictments are found. We can see no
way in which the rights of the defend
ant were at all prejudice7 either by the
form OF. this Indictment or the manner
Of Its return as indicated by the record
and the evidence adduced In the trial
nf the plea in abatement clearly shows
shat all the steps prescribed by the
statute were taken I'm the finding and
returning of the same The third.
fourth. fifth and sixth assignments of
error MAY be considered together. IT
From the record that after the
'eturn of the indictment in this case
he names OF certain witnesses were in
'oTsed without leave of court, and when
ne cause was called for trial upon an
J ilcatton of The county attorney The
{ curt granted leave 90 properly indorse
: aid names. This was a matter within
i5le sound discretion of the court and
,om review Of the proceedings had
I this case We cannot see that the
ghtS of the defendant were ,reiu-
Z ICED or that there was any abuse Of
{ secretion in permitting the county at
prsley TO indorse the names of these
witnesses.
State OF Kansas VS.. Reed. SO Kas. 767.
State of Kansas VS. Price 81 Kas.
20 Pacific 10000
Nor do we think that thc defendant
: as prejudiced by the refusal of the
{ Surt TO grant a continuance. While
: is true that the first Endorsement Of
2esse names was Irregular yet the rec
c d discloses that the attention of Tho
fendant was thereby called TO the
: illnesses, and the trial court was in a
xSitnnn ifidr-a
n facts and circumstances what was
st in the premises. We are ~ tho !
Union therefore that the court prom |
E ly allowed Endorsement of the names |
, the witnesses referred, and permit |
& 4 Their testimony 10 be given and 10 |
? and in this case. The seventh as
,nment OF error Is. that the court did |
2 requsre the state 70 make its cleo /
( ms sufficiently definite and certain.
he state elected to ask a conviction
on the firts. second, fourth and ff.b
unas upon the testimony Of Elias Da-
- and George Garfield. The testi- |
'1y of these witnesses disclosed hut
ne visit TO the place in question and /
me four or five purchases of beer
M the defendant at that time and the
{ ne fixed was within the limitation OF
statute and the election was there
t'-e SUFFICIENT 10 apprise the defendant
y the sales relied upon. The Same
J, " be said of the election made hv
state as TO the sixth, seventh and
nth counts where the testimony Of
drew Nelson is relied upon. This
\ mess tesufies TO but one visit 10 rhe
y zee in question and to ait least three
L stinct purchases from the defendant
n person and fixes the time of such
';-r>ohases within the limitation of the
tTute. Upon the balance of mo
z fnts upon which the defendant vras
< lvicted the state relied upon the les
'rony of Florence Sigler and Hooker
!. SnieiuS. Most OF the fesf-ra.nv o<