The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-10
JURY WAS SECURED
REGULAR PANNEL IN DISTRICT
COURT WAS NOT EXHAUSTED.


General Expectation Both the State and
Defense are Satisfied with the Regular
Jurors-How Some of Them Escaped
Sitting in the Kunkle Case-Eckstein
Defends Judge Hatton-Some Figures
and Hieroslyphics are introduced.
When court convened yesterday
morning the people present expected
that Judge Reed would render his de-
cision in the kelleher habeas corpus
case, in which the question OF the con-
stitutionaiity of the prohibitory liquor
law had been raised, but instead he
called the Kunkel case
Very unpectediy to the people pres
ent jury was obtained from the re-
gular panel and the trial jury was
sworn in at IL O'Clock, consisting as fol-
lows. and secured after ninteen men
bad been called into the box.
j. T. McMillen, city; Tim Antrim,
city; j. NJ. Martin, city; George Serf.
city; c. NJ. Garrison. city; T. c. Cald-
well, city; ]. NJ. Cossett, city; c. 2.
Sheffelbarger, Alton; w. ]. Gilchrist,
kechi; r. j. Allen, Valley Center;
Frank Mccormick, Lincoln.
The assistant attorney general only
exhausted one challenge and the de-
Tense did not challenge a single juror.
1t was asserted after the jury was
sworn in, that five were pronounced
prohibitionists and seven were consid-
cred liberals, but withall il was con-
sidered a good jury. In fact, it was
remarked that twelve more intelligent
men were seldom seen in the Jury box
In the examination of jurors there
We're several incidents that amused the
spectators. Tiger Bill made several
Intellectual attempts to get John Stew
art off the jury. but finally was compell-
ed TO dispose OF him by a pre-emptory
challenge
Juror Snider was fired by the assist
ant attorney general because when he
came 10 analyZe his feelings he said he
was opposed to the law and that ii
would take right smart Of testimony for
him to conVinct. John Reed got off by de
claring that he was opposed to this
spoSmadic effort to enforce the law and
he was afraid he might keep a sharp
lookout for loop holes through which
the defendant might escape.
Juror Richey, the only colored man
on the jury, escaped by giving as his
solemn conviction that the penalty pro-
vided by the prohibitory law was too
IN regard to the law, but he would try
hard 10 render a verdict according to
the law and testimony, but Tiger Bill
thought X was not necessary to ask
man TO sacrifice his prejudices and Mr.
Lee was pleased when Judge Reed said
he might go. Mr.. Remers escaped be-
case he thought a fine OF $500 and ninety
days in the county jail was a pretty
severe penalty for selling pony glass
Of beer
Tiger Bill evidently aims to terroria.,
MS witnesses SO as TO insure their at
tendance. When the case was called
he stood with his back to Judge Reed
and faced the audience, and while his
long cutaway coat reached within six
Inches of his shoe tops he called the
names of the states witnesses. and be-
cause Charley Hoff and c. E Fisher
were out in the hall talking for Judge
Hatton, he asked that an attachment
be issued for them, but before the tiger
got through with his growing Messrs.
Fisher and Hoff walked in.
When Judge Reed ordered the jury to
be sworn and to proceed with the case, /
{. Z. Fisher was the first witness call |
ed, and when he settled down in the /
big witness chair preparatory 10 an |
swering the questions of the assistant |
attorney general. Tiger Bill looked like |
he had a mind to skin for his jungle !
when Otto Eckstein, council for Kunkle |
moved to quash the complaint for the |
following reasons:
First. That the court before whom |
said alleged complaint was filed had no
jurisdiction to try the same.
Second. That the said alleged COM
plant is null and void.
Third. That no valid complaint is fill |
ed in this court.
Fourth. That there is no complaint !
upon which defendant can be tried.
Fifth. That said alleged complaint |
does not state facts sufficient to con- |
stitute an offense.
Sixth. That said alleged complaint !
purports TO state two distinct and sep
arate offenses.
Seventh. That the attorney general |
signing the same has no jurisdiction or
authority.
The motion was over ruled on the
ground that many Of the points raised
were the same as the court would pass
on later in the day on the habeas cor
ous case.
In the afternoon Tiger Bill introduced
Police Clerk Charles Adams and his re-
>ords to which the defense objected on |
he ground that they were not legal re-
,ords, but the objection was overruled.
Tiger Bill under a pretense of show
ng by lot of hieroslyphics and fig
Tes in a private book kept at police !
that Kunkle had paid !
license. was really trying 10 bring out
discreditable against Judge
fstton, but Otto Eckstein knocked the
wind out of him on that score.
The assistant attorney general boast
d that he would show that those I'M
Ineligible figures were in accordance |
With a conspiracy of the officers and
liquor men to violate the laws of the
tS te.
He had Clerk Adams read a lot of en-
ries. something like these: John Fish
r-Officer chief-nuiSance-Ju 10th
o" Then Clerk Adams explained that
ohm Fisher was Kunkle and that he
lad been arrested for violating the pro-
ihitory law. and had put $50 for his
'ond and forfeited il.
Tiger Bill would then turn to Judge
1atton's docket and read a regular en-
~ and record that the bond had been |
orfeited. Then in each case he would
cad the blank verdict which was not
He'd out. which made il appear to the
verage citizen that in each case Judge
fatton had fined the offender blank !
ollars.
Otto Eckstein showed up this decep- !
ion by having Clerk Adams explain
hat so far as the judges docket was
oncerned, the record was all right and
hat the cases We're still pending q
Under the rule OF Tiger BIZ and his
olice commission the man who paid the