The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-18

was a reader of the Eagle He was not
| opposed to enforcing the law in Wichita
| but after having seen it tried several
times he thought II vas useless to at
tempt to enforce it. Bill Campbell kick
| ed and Judge Reed said he might CO.
This exhausted tine fifth special venire
| from the country and Court Baliff John
son began to call men from the crowd
present but when noon came there had
| not been a single juror secured in that
| way.
| II. c. Helbert who had been summon
| ed the previous day on a special venire
| but who did not appear came in and
a reporter for the Eagle called Mr.. Con
! ley's attention to him. Mr.. Conley in
formed the court that Mr.. Helbert was
present but Bill Campbell objected for
the reason that the reporter of the Eagle
| had called attention TO Mir. Helbert
He said he was afraid Mr.. Helbert had
/ been brought in for the purpose.
| Judge Reed said he would adjourn
| court until = p. III. and send the officers
out in the street to summon farmers.
| This thing of sending TO the country
every day for a special venire he said
was costing q, good deal of money.
| Messrs. Amidon and Conley, counsel
| for Davidson, protested against the
sheriff selecting jurors and demanded
1 - Spectral beIliic uldlllSu ny Tie CUR l.
Judge Reed said he would fix that by
| going out on the street and Summoning
them himself.
| The idea of the judge getting down off
| the bench and going out after a jury
| pleased the attorneys and the crowd
That was thing they had never heard
| of before.
| He came down to the corner of Main
| and Douglas and Undersheriff Hays
and "a reporter for the Eagle helped the
| judge TO head off the farmers and in
about five minutes Judge Reed had his
special venire summoned TO appear at
D. m.
The farmers appeared and in a re-
| markably short time the assistant at
torney general and MesSrs. Amidon and
Conley said they would take the jury
and waive their preenptory challenges
and Judge Reed ordered them to stand
up and be sworn.
| The jury when complete was as fol-
lows: Frank Burt Robert Armour, T.
E. Cartwright, john O'Mealey, D. V.
| Dorlley, William Little, John Guest. w.
p. Parr, P. f. Hurt, J. P. Royal, Sam
| uel Shaler and ]. G.. Mccall.
The jurors are all prominent citizens
and the remarks heard in the crowd
| were very complimentary to the twelve
men selected to try the case after such
! a long seige. They are just such men
as one would like to trust his case with
when his cause is just.
There were a good many incidents in
conn cotton with the selection of the
jury that would be worthy of mention
but there were too many men called to
attempt to give all the names and rea-
| sons for being excused. Uncle john
Carpenter and w. 3. Mead asked to be
of "
| thought they had served on enough
juries and they had no desire to serve
! on this one.
Charley Snider was excused on the
ground that he was not a tax payer.
This incident caused a good many peo-
pie to look serious and reflect. Ten
short years ago Charley Snider was
reckoned to be worth $4,000 but now
his property was all gone and his name
lis not on the tax rolls of Sedgwick
county.
j. D. Caldwell was the first witness
called to locate the property and he
thought the city number ought to be
PIG. Mr.. Campbell had charged Jack
Davidson with selling liquor in No. 220
and he wanted to know if he would be
bound by his own witness called as an
expert.
City Engineer Jackson was also call
ed as an expert and he placed the city
number at 220 or said that is what it
ought to be. Mr.. Campbell persisted
in wanting to know if he would be held
by Mr.. Caldwel's evidence but the de-
Tense would not answer and let him
work out his own salvation.
EXCouncilnran Mccall was called to
the witness chair and it took Just one
hour and ten minutes by the clock for
the assistant attorney general to find
out that Mr.. Mccall had drank some
thing at No. 900 that tasted like a hop
poultice smells. He was not right sure
what it was.
Mr.. Campbell persisted. in claiming
that he had a right to ask questions
tending TO show that Davidson and
Wall were in go three or four years
ago but Judge Reed said he would bet
ter confine himself inside the statute of
limi tations which in this state was two
years.
The assistant attorney general in
sisted that he wanted to go back in
order to locate the building and he was
willing that the court should withdraw
from the jury any testimony going to
show the sale of liquor previous to two
years ago.
Mr.. Conley made a very earnest argu-
Inent against this proposition and &C
CuSSC Tile xtSSlStdlll SSiiC- "a u
claiming something that he knew was
not law. Judge Reed sustained the OBJ
jeceions of the defense and said that
the Judge could not always withdraw
testimony from the minds of the jury
and he should hold the assistant attor-
ney general inside the statute of I'm
itation-
Some of the attorneys claimed that
Mr.. Campbelrs position was so palpably
wrong that they believed he was seek
ing a pretense to object to the ruling or
the court so as to have preteXt 10
dismiss the Davidson case knowing that
he will fail of conviction.
There were a number OF witnesses
calDi last evening most of whom could
not remember OF ever having drank
any liquors in go The assistant aUtor-
ney general, however, took courage
when Dr.. McCleSSe testified that he
had once drank beer IN Jack Davidson 3
place but ne did not know who owned
the place. He was not certain as 20 the
time but thought II was within two
years.
The sentiment against this spssinodic
effort TO enforce the prohibitory liquor
law is not only growing but II Is be-
coming more emphatic. 1t was claimed
last night that the entire costs in the
Davidson case now amounts TO over
81. 200 and ali this time joints are run
ming all over the city and paying not
a dollar to the city.
q