The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-05
OPENED THE GATE
THAT IS WHAT MORRILL, DID FOR
JAMES DEMPSEY.

And His Twenty-Five Years Sentence ha'
Boon Knocked Ollie was Accused
Of Kiuing His Wife with a Revolver
The Evidence was Purely Circumstan
tial and the County Attorney Secured 9
Change Of the Verdict of the Jury from
CAusclsntIous ScrupIes-It Looked Like
the Wife had Committed Suicide.
Tops ,ka. Oct. 4.-Governor Morrill,
on yesterday afternoon signed a
pardon which will release James Demp-
sey OF ,Coolidge from serving a twenty
i've We ar sentence for murder in the
second degree in the Kansas penitenti-
ery, in October 1894.
This i: !, one of the most important cas-
es ever tried in the courts Of western
Kansas. It was based wholly On cir
cumstani tial evidence.
The ch rcumstantial evidence in the
case was, such that the county at
torney re fused to take the response
bility Of seeing Dempsey sent to the
penitentiary for murder in the first de-
gree, OF wi lich the jury found him gull
ty Upon his recommendation the con-
viction of murder in the first degree
was set aside and Dempsey entered a
plea of guilty in the second degree. but
all the Will g maintained his innocence
of the crime.
Realizing that a sentence for mur-
der in the first degree might some time
mean execur ion, the officers of the court
refused to a ssume that responsibility
and permitte d the change in the sta
Hus of the :ase. When called before
Judge pro ter q. George E. Morgan, and
asked if there. was any reason why SEN
tence should not be passed upon him
Dempsey addressed the court in Wig
orous langua ge and asserted that he
was wholly innocent Of the charge
against him. His speech was of such
a character which, coupled with his de-
meanor during the trial and before the
court at the time, caused a feeling in
the mind of the judge that perhaps he
was not guilty, but the defense in the
case had been very weak and there
was no other alternative than to pass
sentence.
The case was presented to the state
6oard OF pardons and upon the recon-
rlendation Of the board, Governor Nor
r.n signed the pardon. The report
rlade by the members of the board of
p Irdons indicates that they have made
al exhaustive exa animation Of the case
and the document submitted to the
governor contains the following facts:
Dempsey was section foreman for the
Santa Fe at Blackwell station, and his
wife, who was about to be confined, was
ia ken to Coolidge where the services Of
a doctor could be secured. After con-
firement puerperaIs fever supervened
Dempsey slept in the same room with
hi, W. ; and late one night other oc-
cupant5 OF the house were awakened
with cries from Dempsey. who said
that his wife had shot herself The
woman was dead when assistance ar
riv ID. A bullet wound was found in
the side OF her head and upon the floor
bes bde her lay Dempsey's revolver. He
pro tested innocence of numbering his
wife but was tried and convicted
1e evidence in the case indicates
that the bed upon which the body was
found showed no signs of a disturb
ancs or struggle. Blood from the
wound had trickled down upon the floor
but 1t was not disturbed in any way
sho wing that the body was found lying
in the position it occupied when the
shot was fred. 1t develops that Mrs.
Dempsey in a fit OF frenzy had secured
her husbands revolver and after lying
down upon the bed killed herself
In view of the circumstances connect
ed with the case the pardon was recon-
mended by the board. The judge who
heard the case, the county attorney
who prosecuted Dempsey, members of
the jury, friends and neighbors of the
family and others who were familiar
with the circumstances Joined in the
recommendation for a pardon to the
board.
Chairman ]. w. johnson of the state
MT
made his report Of business transacted
during the month Of September to Gov
ernor Morrill,. This report is quite sim
liar to that required by the governor
from the state oil inspector, in that it
contains all details of expenditures, al
SO permits issued for the admission of
cattle into Kansas during the month.
One OF the striking features of Mr..
Johnson's report is the note aottached
TO the last page in which he says: II
have no expenses for railroad fare as
the railroad companies doing business
In this state have issued transporta-
ton ID the members of the board"
During the month as shown by the
gouch er which accompanies the report
Nj. Johnson expended So 20 for miscel-
laneous purposes, including board and
lodging.
Chairman johnson issued permits
Id /
Raven shaft Of Woodward, OF to drive
DO he.pd of cattle into Clark county; ].
". Ha milton of Hemphill, Tex to drive
300 head of cattle into Miami county
iseX.5,5l0 head of cattle into Nashville
kan: TO George W. McMullin OF Miami |
county. Tex, to ship 1l2 head 20 NAL
vern; 10 Wills Ferguson 4 Co. of Hig-
gins county, Tex, is ship 200 head to !
Neilin gton. 500 head to Norwich and Sc /
\ En- a
OF Bar county. SO, Ia ship Sc head !
lneo herryvale; TO c. Z. Meyer of |
NuodT ard, Woods county, o. T. to |
ship 40 head of cattle to Kansas CITY.
ana 10 7. ]. Woodmanse Of the same \
county TO place 100 head of cattle on 4
1. e saile market.
other members have not made report |
a. thei' transactions to the governor. |
although they will do so at an early |
date.
IN coaversa ton with a reporter YES
tercay afternoon Governor Morrill, ex-
piained that he would soon be receiy- /
ing reports from all appointed officers
serving under the administra ton and !
from FL state institutions The gov /
ernor las ordered State Accountant /
Chai.ir pr to prepare Suitable blanks /
Tor su, reports and that officer has
some II his home in Kansas CITY 10
compile. the work. AS soon as the copv
Tor the blanks applicable to the vari-
Gas of. GERS and institutions is connie
tel they Will be ordered printed and
tAe soy ernor hopes to have all prelin-
merry work completed within a few
weeks.
FOR THE MEN ONLY.
fsriian onf Organized Among Men for
Good Government
Poster. Oct. Another scheme for