People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-09-26

The state then rested its case. The
defendant then interpOSed a demurrer
to the evidence and at lbs o'clock
the court adjourned until 100
o'clock pm.
When court convened at l:30 o'clock
this afternoon, Judge Burnette stat
ed that the demurrer would be sus-
tanned on the ground that the evil
1ence was insufficient to show that
the defendant was in the Strip on
May 5, 1894. This announcement
DccasiOned quite sensation in cOurt
and in order to do full Justice to all
and injustice to none, we give the
subsequent proceedings in full as fol-
lows:
Judge Brunette; While l might
say could legally override this de-
murTer | go little further than
that. If there was a verdict of
guilty, on motion for a new trial |
have got to approve or disapprove that
verdict, and will say frankly | Gao.
not sustain a verdict on this evidence.
By Mr.. Woods; 1t is possible that
this might not be all the evidence.
The Court: The most material
point Of this prosecution is fixing this
man in the territory at that time.
| take it that is all the evidence on
that subject. All the evidence in
this case comes up on this demurrer.
and | don't see any use where l am
satisfied in my own mind | cannot up
hold verdict in letting the defense
go on with a long tedious trial and |
have done this before where l
thought it was the same. | said that
| could without committing any error
override this demurrer, at the same
time | 60 little farther than that
and have a good many wrangleS with
this bar on that proposition. | have
set aside yerdiCts where there was
some evidence tending to support
that belief. In this case all the evil
denCe on that one point can be traced
simply to one source. One man came
in here this morning and admitted
that his testimony yesterday was a
lie. The county attorney cannot
help that, | don't see any use 10 the
court being humpbacked when it is
convinced. | am convinced now in
my own mind a verdict rendered on
that evidence would be wrong, and it
would be an outrage to put this de-
PENDANT on a long trial and set aside
the verdict in the end. And the
character of the witnesses, | have nc
faith in them. l became convinced a
while ago it was my duty to do this
and intend to do it.
Mr.. Woods: | try to do mine too.
The Court: | have no reflection to
cast on you, Mr.. Woods.
Jury called in.
The court: Gentlemen o; the Jury
| will appoint Mr.. c. H. Coryell
foreman of this jury ana direct him
to sign and hand in a verdict finding
this defendant not guilty.
Mr., Woods: To which the state ex
cepts.
Mr.. COryell: l don't understand
your question:, Judge.
The Court: My instruction is
will appoint you fOremen and you
hand in a verdict of lot guilty.
will explain further on.
By Mr.. Woods: To which tie STATE
objects as against the interests Of
justice and unwarranted by law.
Verdict signed and read.
The Court: Gentlemen of the Jury
| will offer a word Of explanation iu
this, which may appear to you to be a
somewhat arbitrary proceeding. The
state has rested its testimony, and a
demurrer to the evidence was inter
posed, and | have sustained that de.
murrer, not considering the evidence
legally sufficient to warrant you in
finding the defendant guilty, provid
ing no other evidence was introduced
and that is the way it stands at this
time, | have looked a little beyond
this particular stage of this proceed.
ing. The law makes you Judges Of
the facts: the evidence and credihility
of the witnesses, but after you have
heard the testimony and retired and
deliberated upon a verdict and re-
turned one, then motion for a new
trial, | try the case again, and if the
judge is satisfied the verdict is wrong
is not supported by sufficient evidence
or the evidence OF that character tC
warrant the jury in finding the de.
PENDANT guilty l must set it aside.
am satisfied that in the minds of q
majority of this jury, this man i:
acquitted; no matter how you fee
about that, | have felt he ought tC
have been, and have done this NOT
to interfere with your prerogatiye
simply to do what / regard my duty
This testimony introduced on the
part of the state, fixing the defendant
in the territory is one, if not the
most important point in the prosecu,
tion, most important part of The
charge alleged in the indictment. anG
H. Il