The Wichita daily eagle., 1895-08-27

excused yesterday were called into the
| box by Judge Hatton-
II was frequently remarked that the
business men who refused TO respect
| the summons OF the court would get
| themselves into trouble but Judge Hat
| ton seemed TO be aware of the feeling in
the city and good naturedly remarked
| Il guess they will come yet" when his
attention was called 10 IL
After calling two or three men from
| the spectators and getting them fired
| Judge Hatton ordered a recess OF fifteen
! minutes, hoping that others who had
been summoned would appear.
| After the recess appeared several
| business men who had been summoned
appeared W. D. Carney said he had
| formed an opinion from reading the
! Eagle and he had 20 go. /. N Stage
| said he had no only formed an opinion
but had freely expressed il, and he went
| back TO his business.
!. Ex-Constahle Jones, colored. seemed
TO be a model juryu1an and had no pre-
| judices in the matter but the defense
| exhausted their eighth challenge on him
| II. C. Helbert had been absent for
some time and did not have much feel
| ing in the case and he was still in the
| jury box when court adjourned.
| Mr.. Petrie of 10i West Douglas ave-
nue. and who lives over near the assist
| fairest and more nearly clear OF preju-
/ dice OF any man yet called but the de-
| fense were afraid Of him and tried hard
| 70 get him to make statement that
| would justify a challenge but utterly
! failed.
Have you TO prejudice against the
man who drinks or sells liquor?" asked
Mr.. Eckstein.
| None. whatever"
'.Do you have an opinion that the law
has been violated in that building of
| SchnitZler's on Market street?'
"No. l have no opinion about it,"
did you never pass there?"
Yes, every few days"
Yes
| "And never formed any opinion as to
whether the law was being violated or
not?"
mo, sir"
"Do you think $500 fine and ninety
| days in the county jail and have to pay
| all the costs in the case and stand COM
mitted until they are paid is too severe
a punishment for selling glass of
beer?"
Not if the law prescribes that kind
of a punishment"
Mr.. Exstein disposed of Mr. Petrie on
peremtory after which Charles
Smythe came and drew a long breath
as he took the chair. The assistant at
torney general was probably not stuck
on Mr.. Smythe and nearly the first
question heasked him was IN regard 10
the penalty. Mr.. Smythe said ne
thought ii too severe and he wiped his
the sweat from his brow with his white
handkerchief and went back to his bus
ineSS place.
Henry N. Burns, a colored man. who
said he came from the Cherokee nation,
w hn iaG u nj M in,
and longer than that in Kansas, was
conceded by everybody 10 be a modle
juror He was passed by both the
prosecution and defense. but a doctor
came and told Judge Hatton that Mr..
Burns boy was dangerously sick and
the judge told him to so home.
Mr.. Burns answered the regular lues-
tions entirel satisfactorily to the as
sitant attorney general. after which
Otto Eckstein took him in charge.
"Where do you live. Mr.. Burns?"
Down here on Fourth avenue
''Do you know the defendants?'
mo. I have seen Henry Schnitzler,
but know nothing about them
Would il require any more evidence
charged with the selling Of liquor than
for any other offense?"
mo. sir. should be governed by law
and evidence"
did you ever contribute any money
to help enforce the prohibitory law"
''Which?"
81 mean, do you belong to the Law
and Order league or anything Of that
kind?"
''No. sir, never heard of such a thing
before"
Then you do not know of anything
that would prevent your being an i'm
partial juror in this case?"
Nothing on earth"
Mr. Warren was another man who
had formed an opinion from reading the
Eagle and he was excused. \. s. Bar
wise had formed and expressed an Opin-
ion. and while J. T Mcmillan had read
of the case but formed no decided opin-
ions and passed muster. ]. T. Dorsey
was enlisted but the assistant attorney
general fired him on a pre-emptory
challenge.
p NJ. Watts. Of West Douglas said if
the law prescribed punishment Of $500,
ninety days in jail and 10 stand COM
mitted until all the costs were paid for
selling a thimble full of beer was not
in his mind too severe. The defens ex-
hausted their ninth challenge to get
clear of Mr.. Watts.
Charles Ritting, 5. l. Davidson. Mr.. |
Andrews, Nick Steffen. Mr.. Lehman.
Sid Neff. F. VI. Cone and II. l. .Jackman
had formed an opinion and were exCus- !
ed as were J. w Dresser and ". Crom- !
ley. who thought the penalty too severe. !
These names mentioned will give an |
idea Of the way jurors are disposed Of. |
When court adjourned there were just |
ten men in the box: j. T. Mcmillan. II. |
c. Hilbert W. r. Dulsn ney. q. w. Sump- |
ton. T. O. Hoss. r. c. Jackman, G. G. |
Kenyon. J. T. Bellew, T. G.. Parham |
and =. p. Hickling.
Judge HattOn has been won over 20 1
the opinion that a jury cannot be OBJ |
tanned in the city and when caCrt was .
about to adjourn last night he gave no.
tice that he would send 70 the country
for a special venire Of fifty men 10 ap-
pear tomorrow and the effort 10 COM
plete the jury will be continued today
SUmmoning men in the city.
II jury is not completed today and
the special venire from the country * I
exhausted II is believed that no future
effort will be made 70 secure a Jury in |
the city and that all jurymsn hereafter
will be summoned from without the city
The defense still has seven challenges
left and the state three. just the num-
her of Jurors in the box. When viii II |
end is the question now being asked
Miss Myrtle Mcpherson of Kingfsh-
er. who has been visiting friends in /
Newton and Peabody for the past two !
weeks. IS visiting Mss Daisy WelmOn
for a few days. then she VIII return
home = k.nEfisher. O. T.
!
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