The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-29

Crowd was Amazed but Cheered-Jndye
Batton and the Assistant ATTORNEY Gen.
eral Lock Eorns-Hatton Says lie will
DO Right and Take the Consequences =
Lawyers Say IEatton is Right.
Like a clap Of thunder from a clear
sky came the announcement Of Assist
ant Attorney General Campbell yester-
Gay that he would dismiss the now ia
nous Citizens club liquor case.
The large crowd OF farmers and bus
mess men were amazed; they were DUN
founded; they We're knocked clear OFF
their feet; but after a moment rallied
and greeted the surrender of Tiger Bill
with cheers.
The hope of securing a jury in the
city had been abandoned by the assist
ant attorney general ana when forty
five jurors had been summoned from
the country to appear yesterday morn
ing there was great interest manifest
ed on all sides TO know how the farmers
would act when exposed TO the fire of
the attorneys.
When the time for calling the new
men arrived and the farmers began to
file into the jury box il did not take
y
nlers Of Sedgwick county are made of
the same stuff as the business men of
Wichita wnen it comes 10 the liquor
prosecutions.
If all flesh is grass the meat of Wich-
tia business men are not composed of
blue grass and that OF the farmers of
prairie grass nor vice versa. They are
all OF the same flesh and this was dem
onstrated by the alacrity with which
the farmers were fired from fha ii1ry,
box
The first farmers to answer to their
names and take their seats in the jury
box in the order named were: John
Roets, Frank G. Rogers, c. a. Clarke,
James Pickens, a. Z. Dodge, \. D. Lee
j. w. Skinner, j. II. Brown, J. H Stout
George 3 Hutchinson. w. j. Wyrick,
j H. Gould. Henry Maggie, and a. c.
StearnS.
These farmers when asked in regard
to the penalty provided by ,he prohib-
itory law, all answered like the bust
ness men that ii was too severe and
they marched out and the costs of bring
ing them in was charged up to Sedg-
wick county.
The mine was exploded when I. n.
Dean one Of the most prominent farm
ers Of Waco township was called into
the jury box
Mr.. Dean is a prominent prohibition
list and it was expected that the defense
would try to dispose of him. Mr.. Deans
answers were so straight, however
that he won the good opinion of the
entire crowd irrespective of their opin-
ions in regard to the adviSa biiity of
these prosecutions.
When Mr.. Eckstein came to question
Mr.. Dean he admitted that he had
been in this county for a long time and
had heard that the Schnitzlers We're in
the liquor business. He said he did
not believe there was a man in the coun
~ who did not believe that.
Mr.. Dean thought he could render
an impartial verdict on the law and
evidence bue when Judge Hatton asked
him II ne We're allowed TO remain on the
jury whether he would commence the
case under the impression or belief that
the defendants had been selling liquor
Mr.. Dean said he would Judge Hat
ton said he would sustain the chal-
ienge but the defense did not hear him
and MIR. Eckstein proceeded with his
questions.
Mr.. Dean was inclined to daily with
the meaning of the words and would
admit that he had an impression or a
belief that Ii. defendants We're selling
liquor, but would not use the word
opinion.
Judget Hatton however said that he
would not permit a man to sit on the
jury who believed that the defendants
Were guilty before any evidence was
submitted.
This decision seemed to anger the as
sistant attorney general and he rose
end said: If you are going 10 rule
that way ! viii dismiss this case"
well then dismiss it," retorted
Judge Hatton, for L am going to do il.
and he did.
Before the uproar caused by the dis
miSsal of TIE case had subsidized Mr..
Dean sprang into The stand vacated by
Judge Hatton and waved his hand for
silence and when the confusion had
partially ceased he said:
Il don't want you fellows to go away
from here with the impression that I
purposely helped to throw this case out
Of court, for if left to me | would prose-
cute these men to the bitter end"
Yes" interrupted Juror w. r. Du-
laney, you would do il without having
any testimony. too"
NO | wouldn't" answered Mr.. Dean,
but his words were drowned in cheers
for Dulaney.
1t has been a long time since any
thing happened that caused so much
talk as the action of the assistant at
t0rney general in this case.
1t seemed to be the prevailing opin-
ion on the streets and among business
-
sentiment was too strong TO he over
come and that he would eventually
he defeated in the trial OF the case took
this method Of getting out and throw
ing the blame on Judge Hatton.
The rumor was at once put in circula-
ton that the police commissioners in
tended TO fire Judge Hatton. The
Judge was asked in regard To the ru-
NOR and seemed very modest about it
but finally said:
Il have no means Of knowing what
they in tend to do. As for my action
today | have only To say that i did
what was right and / think l know in
such cases what is right.
II did what l thought was right
and ! did not figure on the consequent
ces. If / am to be punished for doing
nay duty l viii have To stand il.
All the prominent lawyers who ex-
pressed an opinion on the case yester-
day, among whom We're Judge Sluss
and Judge Wall, said that Police Judge
Hatton was right in sustaining the chal
lenge in Mr.. Deans case.
The most reliable Information 10 be
gained last night was 10 the effect that
the new police commissioners intended
10 back Tiger Bill and make fight on
Judge Hatton and drive him from Of
fee
The question was frequently asked
how the commissioners could Justify
their fight against Judge Hattoa if his
action was according to law. but the
general opinion seemed 10 be that the