The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-24
SITS UP AND HOWLS
AMIDON AND COMFY DRIVE TIGER
BILL TO HIS JUNGLE

They did not Have in Mind the Sales
Elected for Conviction-Did not Locate
the Building Properly and the Attorney
General Will Throw Up the Case Unless
the Court WIN Help Him Out.
The greatest interest yet manifested
IN the Jack Davidson trial in the dis
trict court was when the assistant at.
torney general rested his case last
evening and some interesting law points
We're raised.
At one time Judge Campbell threat
ened to throw up the case if Judge
Reed ruled that he must elect which
sales he would depend upon for con-
viction but Judge Reed held him to
the scratch and he did not throw up the
case either.
There was a good deal Of interest
manifested when the state rested about
8 o'clock p. m, as everybody was anx-
ious TO know what the defense expected
to prove They had subpoenaed some
leading anti-prohibitionist and a good
deal of surmising had been done in re-
gard to the object.
The assistant attorney general had
elected to depend for conviction on sales
sworn TO by DIR. McCleese, DIR. Hoffman,
Bedford Wood. W. H Boone, Will
Campbell, Todd Speed and G.. Spencer.
AS some of these witnesses had testi-
fled that they had drank number of
times the defense moved TO compel the
prosecution to particulariZe which sale
was depended upon and the court sus-
tanned the motion.
In the argument which preceded the
ruling of the court it was developed
that DR.. McCleese and Bedford Wood
had not named any dates and of course
the assistant attorney general was not
able to specify any particular sale.
This knocked out the evidence Of
these two witnesses so far as convict
ing Jack Davidson was concerned but
it was conceded TO be good for the in
junction against the building because
they had put the sales within two years.
The first witness called by the defense
was Ed Harris. the prosecuting witness.
When Mr.. Amidon proceeded to ques-
ton him in regard to whether he had
in mind any of the sales elected by the
prosecution. The assistant attorney
general objected and proceeded to argue
the case at length.
He claimed that it was improper
to raise that question at this stage of
the proceedings. He stated that while
HarrfS had sworn to the informatio
that he, as assistant attorney general,
had also sworn to it and he wanted to
know in case Harris did not have any
Of the sales in mind how they were to
determine that he (CampbelD did not
have them in mind. That was a poser
but Amidon and Conley showed him
later how they would find that out
Mr.. Conley replied to Judge Camp
bells arguments and claimed that the
courts here had always ruled that these
questions might be asked OF the prose-
cutting witness and that when Judge
Wall was on the bench he ruled that the
prosecuting witness could not be cross
questioned on this point because it be-
longed to the defense. Judge Reed
overruled the objection and Mr. Amidon
proceeded to question Harris.
When you swore to the information
did you have in mind sale of intoxicat-
ing liquor made to DR.. McCleese?'
NO sir"
''To Dr. Hoffman,"
''No SIR
Did you have in mind a sale made
TO Bedford Wood?"
mo"
TO w. ii. Boomer?
mo SIR
''To viii Camphell?"
mo sir
''To Spencer?"
mo sir
Then Mr.. Amidon and Con1ey surprYs-
ed the crowd present by asking that
the assistant attorney general be put
on the stand and he asked him the iden-
teal same questions he had asked Ed
Harris to every one of which the as
sistant attorney general answered
No
This caused commotion as it was
considered fatal to the prosecution. The
court had ruled that conviction must
be obtained on sales in mind at the time
Of swearing to the information and the
prosecuting witness and the assistant
attorney general had both verified the
Information and now both had sworn
that they did not have in mind at the
time the particular sales or any one of
them, selected upon which to depend
for conviction.
Then the defense recalled City En-
gineer Jackson and asked him upon
what lot the building occupied by Jack
Davidson stands and he answered that
it stood partly on lot 124 and partly on
lot 126.
The prosecution had found that It
stood on lot 124 but Mr.. Jackson de-
clared that three feet of the building
was on lot 1875. The assistant attorney
general claimed that the mistake was
but council for defense
showed him some authority that con-
WINGED him that it was very important
Mr.. Campbell then asked leave To |
amend his information which was OBJ
jected TO by the defense. The case was
argued at some length after which
Judge Reed suggested that that matter
could be determined in the instructions |
TO the jury.
The assistant attorney general said !
was going to instruct the jury that the |
mistake was fatal there was no need |
Of the case going to the jury at all. |
Judge Reed then told the attorneys to /
get ali their authorities ready by this /
and he would determine the /
matter.
1t was the generally expressed opin- !
son of the attorneys present that the 1
lack Davidson case will never go 10 /
The jury. 1t was not seen how the as I
Instant attorney general could amend .
lis information after he had rested /
his case and the defense were introdu- !
Nng testimony and if he cannot do that 4
ae admitted that he had no case.
The jury and spectators have be-
come tired out with the long delay and /
rery little regret will be felt when IL is