The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-01-26
WHO PAYS THE BILL
JURY FAILS TO AGREE AFTER BE-
ING OUT SEVENTY HOURS
Judge Reed Discharges the Jury In the
Shredder Liquor Case--J. ID. Woods Lit
tie Speech Helped Out the Defendant
Stood Seven to Five for Acquittal From
Start to Finish--Lawyers Have a Little
Laugh But the Taxpayers VIII Laugh
Later--Court Wanted Verdict
Shredder Looked Innocent.

A rather remarkable case was ter
minated for the present in Judge Reeds
court yesterday.
IT, was the famous Shredder liqpor
case. Bill Hays says that John Shroe-
der has cost Sedgwick county $4,000
in the last three years and he has never
been convicted.
This is one of the cases worked up by
Spotter Jackson and it has proved an
expensive experiment to Sedgwick
county The entries on the jurors book
in the district clerk'st Office shows that
the jury was impanneled at II o'clock
a. m. Jan. 81; case submitted at $3.50
D m Jan. %; discharged LAO p. m. Jan.
%.
1t was a cold day but for all that a
good many people were about the court
house and when word went round that
Judge Reed had called in the Shredder
jury there was soon a number OF spec
tators in the room. The boys in the
district clerks office threw open the
door leading into the court room and
Judge McCanless opened the door that
connects the county attorneys offlce
with the court room and peeped in.
The jury filed in after Deputy Sher-
crowd it was. The jurors were G. NJ.
Berdine, w. s. Pierce, John Peddicorc,
William Mitchell, Peter Stewart, w. a.
Frazee, JOS. Bailey, c. F. Russell and
talesTnen l.. @. Summer, J. w. Crack
enback and L. F. Hart.
When the jurors had taken their seat
Judge Reed asked if they had agreed
upon a verdict. The foreman answer
ed that they had not and that there was
hardly a possibility that they: would
ever be able to agree. They We're then
discharged. An innocent expression
spread over John Shroeder's broad
German face, County Attorney Davis
looked blank and Harry Gordon and
Mr. Comfy smiled as though something
amusing had happened.
After the jury had ben discharged 1t
was learned that they had stood from
the start seven for acquital and five
for conviction. 1t was further learned
that the disagreement was caused by
the jury's inability to legally determine
whether Spotter Jackson had in mind
the cases selected by County Attorney
Davis upon which to rely for convlc-
ton.
It seems that under the prohibitory
law a prosecuting witness can not make
oath that at certain time the defend
ant sod liquors and then rake over the
two preceding years to prove sale.
In order to convict the Identical sales
in the mind of the prosecuting witness
when the warrant is sworn out must
be proven before conviction can be
obtained.
In this case County Attorney Davis
did not introduce Spotter Jackson's
testimony but relied upon other wit
nesSeS to make his case. When the
question was raised that the particu-
ar sales proven were not the sales IN
Jackson's mind when he commenced
the case the defense put Jackson on the
stand. In his direct examination he did
not think he knew of the sales sworn
to by Burwell and Rosensteel. but in
his cross examination thought perhaps
he did.
To remove all doubts in the matter
County Attorney Davis put Rev. j. ID.
Woods on the witness stand to prove
that he CWoods) had told Jackson or
these identical sales. Harry Gordon
angered Mr.. Woods in his cross eXamin-
alton and finally said: well now
state to the jury just what you ala
tell Jackson"
nv itrop .rk el 65oodynatr rguedoetaet
Mr. Woods assumed grandiloquent
altitude and expression and answered
II SBuoqL 'IJy 'uoSYoYr 'JW PIES l.,
Jackson, l hereby notify you that John
Shredder did contrary to law in the
town of Goddard, in Sedgwick county,
Kansas, sell intoxicating liquors.
Some of the other attorneys are Jok-
ing John Davis and they claim when
Woods got off that little speech that
about half of the jurors tried to slip
down through their collars. They claim
that little break Of Woods lost County
Attorney Davis his case. Then of course
Woods was hot and said he would
donate Judge Reed a good horse If he
would allow him one half hour to roast
Harry Gordon.
When asked why he had allowed
the jury to remain out so long Judge
Reed said that it was the intent of the
law to secure a verdict and that he
wanted to hold the jury until satisfied
that they could not agree.
Professor Late. city chemist Of In