The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-02-09
BABY WAS KILLED
FATHER AND FAMILY PHYSICIAN
ON TRIAL FOR MURDER.
VIM. Smith and DIR. Mackenzie Accused Of
Causing the Death Of the Formers Baby
Mother Thought Baby Was Born Dead
Salem Township and Mulvane People
All Interested in the Case-Heard Baby
Cry Out in the Cold September Night
People Could Not Imagine a Motive for
the Unnatural Act.

| People Could Not Imagine a Motive for
the Unnatural Act.
| There was a case called for trial in
the district court last night that is in
| tensely interesting to the people OF Null
vane and Salem township. 1t is inter-
esting because of the prominence Of the
parties involved and of the peculiar
offense charged.
/ AS a result Of this proceeding, Will
| liam Smith of Salem township and DR..
Mackenzie of Mulvane are on trial
charged with murder in the first degree
and if convicted they will get life SEN
tence in the penitentiary.
DR.. Mackenzie is a prominent ply
sician Of Mulvane and those who are
acquainted with him say he is good
| doctor He is a modest, unassuming
man Of about fifty years of age. and il
he realized the gravity Of the situation
in which he is placed there is nothing in
his appearance to indicate it.
William Smith appears to be about
% years old. He has dark complex
| ion, a small black nustache and is
rather a good looking young man and
as he reclines in chair back of his
counsel. w. Z. Stanley and j. T. Comfy,
I ne is the last man that one would
! pick out for a murderer.
Smith has been in the neighborhOod
of Mulvane for several years and two
years ago married Miss Stewart, a
daughter of James Stewart, one Of the
prominent and wealthy farmers OF that
section.
The prosecution is going TO try to
prove that on the night of the 18th Of
last September girl baby was born
to Mr.. and Mrs. William Smith and
that DR.. Mackenzie was the physician
| in attendance.
The prosecution will try to further
prove that Smith and Mackenzie con-
spired to remove the little girl baby
! from its home and to make its mother
believe that it had been born dead and
never drew the breath of life. To prove
this it will be shown that Mrs Smith
, testified before the coroner'S jury that
her baby was born dead.
Their will be long list of witnesses
introduced in the case. Some of them
will testify that DR.. Mackenzie brought
the Smith baby to MulVane and tried
to find it home. That when brought
into Mulvane it was alive and had not
been clothed
Some ofthe witnesses will testify that
the night of last September 18th was
very cool evening, the temperature be-
ing below 60 degrees, and County At
torney Davis charges in his indictment
that exposure to this cold night caused
baby Smiths death. And on that
count he will ask the jury to convict
Dr. Mackenzie and William Smith of
murder.
1t is claimed that one man living near
Mulvane heard the baby crying before
DR.. Mackenzie got to town and the peo-
pie whom he tried to induce to take the
baby will say it came to town alive
The good people of Mulvane and
across the river where the Smiths live
have always been at a loss TO imagine
a motive for this unnatural act. They
cannot tell why heretofore reputable
physician should engage in such
business and much harder is ii to even
imagine why VIII Smith should send
his first born out to perish in the cold
of a September night
Even the dumb bruteS will fight in de-
Tense OF their young and the human
household is usually made happy by
the arrival of the first little wingleSS
angel, but if some Of the witnesses in
this case are not mistaken, VIII Smith,
who looks as Il he were too generous to
turn a tramp from his door, sent his
own baby away TO die.
One of the witnesses in this case said
to reporter for the Eagle yesterday:
1T was q pretty little plump girl baby"
When asked why Smith should want
to send it away he said: Il could never
tell that. He is a gay young man and
liked to take his pretty little wife and
attend parties and balls and 1 guess he
did not want to be bothered with the
little visitor
James Stewart, the father OF Mrs.
Smith, is said to be taking an active
part in the prosecution. but in speak
ing of the case yesterday he showed no
resentment. He did, however. init
- -I0- 1roo iy,cr 10,
send thar baby away to die, if they had
really done that.
When the case was called last even
ing Mr.. Stanley made an argument to
show that the information fled in the
case by County Attorney Boone was in
definite and moved that it be quashed.
Judge Reed sustained the objection,
ended the case.
Judge Reed, however. notified Coun-
~ Attorney Davis to file another fnfor-
nation and proceed with the case to-
day. Mr.. Stanley took exceptions to
this and claimed that his clients We're
being twice put in jeopardy, but Judge
Reed smiled and said he guessed not.
It is conceded that J. F. Comfy and
William E Stanley are strong team:
and IL is expected that they will make
a great fight for their clients. Then on
the other hand some of the lawyers
claim that County Attorney Davis is
playing in luck and that old John
Schroeder, the owner OF the blind tiger
at Goddard, is the only man that has
been able to slip through Johns fingers.
Higher than all others at the great
Fairs ranked DR.. Prices Cream Bak-
ing Powder. First award at Chicago
and San Francisco.
THIEVES HAVE LEFT TOWN.