The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-02-14


quent--Captain Coon Was Sly and STAN
ley Makes a Great Effort--Mrs. Smith
Heard the Story of Suffering and Death
Unm0yed--Dr. Mackenzie is Dumb and
Says Never a Word--People Try to I'M
agine Motive for the Cruel Act--The
Jury Still Out.
The Mackenzie murder case has at
last gone to the jury and DR.. Macken-
Zie, his wife and tweuve year old
daughter are waiting nervously for
its decision.
The cunsel in thee ase closed their ar
guments at p. m. yesterday County
Attorney Davis and Harry Gordon for
the prosecution, and W. Z. Stanley and
Captain Coon of Mulvane for the de-
Tense, all made able Efforts
John Davis was in an argumentative
mood and his conclusions all We're to
the effect that DR.. Mackenzie and VIII
Smith had caused the death of the lat
ter's own child.
Harry Gordon was eloquent and he
showed the unreasona bleness of the
story told by DIR. Mackenzie about the
movers party. DIR. Mckenzie brought
that babe he thought direct from the
Smith home; he could have gotten it
nowhere else.
Coon very adroitly got before the
jury the condition of public sentiment
in Mulvane and said his life had been
threatened because he dared to defend
DIR. Mackenzie. County Attorney Da-
he
manded that he be held down to the
testimony in the case.
Mr. Stanley made one of the great test
efforts OF his life and made strong APP
peal to the sympathies OF the jury
airs. Mackenzie and her young daugh-
ter wept bitterly as they remembered
what might be the fate of the husband
and father, but what effect the argu-
ments will have on the jury can be best
told after the verdict has been rem
dered
There is great diversity of opin-
lon in regard to the case. A great
many people heard the testimony and
numerous arguments are heard as to
what Will be the outcome of the case
1t is generally conceded that a great
CRIME was committed but as to just
who is responsible for the offense no
one seems fully able to decide
The story was told how DR.. Macken-
Z1e brought new born babe into Null
Vane on the morning of Sept. Is last,
and how he tried to get someone to
take care of it. The witnesses repeated
the story of Dr. Mackenzie, of how the
babe was born of woman in a NOV
ers camp, and how the movers had
given him ten dollars to dispose of it,
supposing it to be dead.
That story has been told in the Eagle
during the last three days. DIR. Mac
kenzle let that story go to the jury
without being affirmed or denied He
did not take the witness stand at all in
his own defense and many Of the jury
men have never heard the sound of
Mackenzie's voice.
Mrs. n. J. OfferIy and DR.. Macken-
Zie'S wife We're put on the witness
stand for the defense but their testi-
mony was unimportant and only tend
ed to modify statements of some OF the
states witnesses in regard to what
took place at he Mackenzie residence
after the babe was brought there
One witness for the state swore that
the morning was cool and that DIR.
Mackenzie had on his overcoat when he
brought the babe to his home on the
morning of Sept. Is. This statement
Mrs. Mackenzie denied and said that
her husband oyercoat was at home all
night and hung in her room.
This evidence was given of course to
show that the mornig was not cool, but
DR.. Johnson's record shows that on the
morning of Sept. 13, 1894, at o'clock
the temperature was IS degrees. He
says that after midnight the tempera-
ture drops about one half degree each
hour until 6 O'Clock in the morning.
and he thinks when DR.. Mackenzie
came in between 4 and 5 o'clock that
the temperature must have been be-
tween IS and So
There was only circumstantial evil
dence which could be construed to
prove that the babe which DR.. Macken-
zie brought TO Mulvane came from the
Smith home.
Mrs. viii Smith listened unmoved to
the story of the suffering and death OF
the babe which County Attorney Davis
and Harry Gordon were trying to prove
was hers, and nearly everyone who ex-
pressed an opinion said that if that was
her babe that a deception had been
practioed on Her by her husband and
DR.. Mackenzie.
That was the only charitable view
to take of the case. To have establish
ed beyond the shadow of doubt that
VIII Smith and his bright little wife
sent their babe from home to Gle for
want Of care would have shown them
the most heartless people on earth, and
even destitute of the better animal in
better.
The mystery surrounding this case has
not been solved by this trial nor can
the learned lawyers who have listened
CINE motive for ii. There are cir
cumstances that point to the Smiths.
but what was their motive in sending
their child away? That is the great
question unanswered
\ prominent attorney said to a re-
porter for the Eagle last night: Il can
only imagine one explanation of this
mystery, and that is that the babe
which DR.. Mackenzie brought TO Null
vane was the illigitimate child of some
woman high up in society and that
DR. Mackenzie got we'll paid 10 help
hide the woman's shame, and he Will go
TO the penitentiary before he will be-
tray her That would be cruelty 10 the
Smiths. which would be worse than be-
traying the real offender. This whole
affair is a mystery that is all can say
tell about it,"
The jury was still out at midnight
and had instructions To return d sealed
verdict if it agreed before morning.
TESTIFY IN HILLMON CASE.
Frank TODD is Wanted as a Witness in the