The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-02-15
KISSED HIS WIFE
JOHN DAVIS SHAKES THE NAIDEN'S
HAND AND SHE CRIES.

Mackenzie Family Were Happy-A
Lawyers Opinion OF County Attorney
Davis rs a Prosecutor Belief That a
Case Can Not Now be Made Against Will
liam Smith-Booue Made Mistake.
The scene witnessed in the district
court yesterday morning when the
Mackenzie jury returned its verdict of
| not guilty was effecting in the extreme.
| When court was called the jurors fill
| ed in and each took the chair that he
had occupied for three successive days.
| There was the same determined look
| on the face of Dr. Mackenzie that had
| been there all through the trial. Mrs.
! Mackenzie sat by her husband and there
were evidences that she had shed many
| tears during the night that was the
sure evidences of a sorrowful heart.
| Little Mary Mackenzie, the 12-year-
| old daughter of DR.. and Mrs. Macken-
zie, occupied her accustomed place be-
| side her mother. When the jury was
being called she looked into the faces
| OF her father and mother as if to CLEAN
some ray of hope.
| The firm face of the father and the
| > eyes IldOC TSd d
| night of suspense and sorrow gave her
no reinsurance and then she leaned for
ward and looked into Mr.. Stanley 5
| face. Her face was enquirinS appeal
| ing pathetic, but the man who had
| made such a gallant fight and whose
eioquence still rang in ner ears looked
pale and his lips were closed in de-
ternlined way.
Then when the clerk read the verdict,
q ha iryrxy f,I 1ofa v,O
guilty" DR.. Mackenzie's heart seemed
TO melt for the first time in all these
three days of trial, and he gently plac-
ed his arms around his faithful wife
and drew her to him and kissed her.
Little Mary did not seem to fully ap-
preciate the situation. but when
County Attorney Davis shook her hand
she wept for joy and then Mr.. Stanley
said: Mary was my mascot in this
trial, / have a girl of her age at home"
County Attorney Davis is one Of the
mildest prosecutors 1 ever saw" said
Col. Sam Amidon, but he is danger
Gus for all that. United States At
torney Perry conducts a case just
about as MIR. Davis does and he is one
Of the most successful prosecutors l
| ever knew
Now that the case is over the lawyers
say that the jury did right and that
DR.. Mackenzie was not guilty of muir
der and they express a belief that a
case can not now be made against Will
Smith. Mrs. Smith could not be made
a witness against him and this trial
convinced people that DIR. Mackenzie
Will keep his professional secrets.
II is now believed that the action of
Willard Boone, who was county at
torney at the time this case was
brought, helped Smith and DR.. Macken-
zie.
On the 18th day of last September
Coroner McColister summoned a jury
at Mulvane and held an inquest. The
jury returned a verdict to the effect
that the baby was the child of Mrs.
Smith and that it came to its death by
criminal negligence of William Smith
and DR.. Mackenzie.
Coroner McColiSter Swore out a war
rant for the arrest of Mackenzie and
Smith and took them before Judge
Ransom of Mulvane for a preliminary
hearing on the charge of criminal
negligence.
County Attorney Boone procured
warrant for the arrest of Smith and
Mackenzie, charging them with murder
in the first degree and sent Constable
Green to Mulvane with orders to take
them from Judge Ransom.
Ransom refused to allow Greene to
serve his warrant claiming that Mac
kenzie and Smith We're already in the
hands of the law. But the next night
when the prisoners were sent 10 the
Wichita Jail, Green served his papers
and Mackenzie and Smith were taken
before Judge Jones and bound over
without bail.
The case was taken up to the supreme
court and Mackenzie and Smith were
released on bail. County Attorney Da-
Wis then tried the case but the lawyers
claim that the evidence before the COR
oners jury did not justify an arrest
for murder but that if it showed any
crime it was for criminal negligence
as had been charged in the first war
rant.
This case has been a mystery from
the time that it first attracted atten-
ton. 1t was learned yesterday that
when Smith was arrested that the Off
GERS told him what he was arrested for
and asked if his wife had given birth
to a child. Smith promptly replied
yes. and said, lit was five months
child and we buried it in the garden
The officer who related this story to
a reporter for the Eagle said that he
had opened the little grave and found
evidence To confirm Smiths story. MIR.
Stanley was asked why he did hot have
the officer on the witness stand TO tell
his story, but he shook his head and
said, I'VE did not need him"
Mr. Amidon said yesterday that
Smiths trial had been put off until May
but If his bond was not approved that
he would demand a trial this term.
Smiths lawyers are positive that no
case can be made against their client
and il is claimed that County Attorney
Davis comedies that the evidence was
not sufficient to convict Mackenzie for
murder.
Some developments may be made in
Smiths trial if he is ever brought to
trial. The case however, today is just
as much a mystery as ii was before the
Mackenzie trial and a prominent man
from Mulvane said yesterday; There
is a line run right through the middle
of our town. On one side of that lire
the people think that DR.. Mackenzie
and VIII Smith are guilty of murder
and on the other side OF the line they
think these men are innocent.
II Smith is brought 70 trial this term
of court the defense VIII Try to show
that this is malicious prosecution
brought by James Stewart, the father
of Mrs. Smith.
The defense Will introduce testimony
BY which they expect TO prove that
James Stewart went TO Mrs. Smith az
ter the arrest of her husband and Of
fered TO give her a good farm II she
would leave Smith and testify against
him in this case and that Mrs. Smith
told him that her husband was no more
guilty OF a crime than she was and
that she would not leave him for her
fathers entire fortune.
GAVE Up HER BED.
Louie Ballard Says Her Husband Behaved