The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-05-13

| convict the defen dant-
| You are the exclusive judges Of all the
facts appearing in the case. Of the
weight Of the evidence and the credi-
bility Of the witnesses, and IN determin-
| ing the weight 70 be given 10 the testi-
naony Of any witness.you may properly
consider the interest Of any such wit
ness in the result Of the trial, her ap-
parent candor or lack Of ii. her de-
meanor upon the witness stand, and
any other circumstances appearing in
| the case
If you should find that any witness
has willfully testified falsely 10 any ma
terial fact you are justified in disbe-
iieving all that such witness is corrob-
ora ted By other witnesses whom you be-
| lieye. D. NJ DALE,
Judge District Court
1t was claimed by the attorneys for
| the defense that the instructions were IN
| their favor while the attorneys for the
state were perfectly satisfied and con-
sidered them very fair although not al
together in their favor.
Mr. Stanley made the opening speech
and il was called a powerful effort by
| those who heard il; splendid alike for its
eloquence and its style Of argument
He diagnosed the case in the most thor
ough manner, presented the evidence
dove tailed TO the jury and made the
facts brought out in the examination
harmonic with the theory OF the pro-
secution- He appealed 10 them 10 stand
UP for law in defense of life and prop
erty and argued that the state had no
desire to punish Mrs. Leonard for the
mere sake of punishment but that ii
might be an example that would cause
others to refrain from taking the life
of a fellow being.
After the noon recess S. B. Amidon
made a speech for the defense which
lasted an hour and thirty minutes.
While IL was not eloquent II was full
Of force and much better in the opin-
ion Of the court officers than the speech
me made at the former trial His prin-
ciple points were that Mrs. Leonard was
not physically constituted TO commit
a murder as DR.. Wendle in his testi-
mony said that she was OF a nervous
temperament and would faint a. the
sight of blood. He said that the in
surance policy was no motive for the
killing of her husband by Mrs. Leon
ard, as, in the case of murder with an
intent ii was null and void according TO
its own provisions. He injected a great
deal Of ridicule and abuse into his argu-
ment and gave a continual roasting 10
ex-Coroner McCoIlister because he had
taken such an interest IN the case. In
fact Mr.. Amidon roasted about every
person who testified in behalf of the
states including Marie Hilbert" He
tried to make a great deal of capital
out OF the Marie Hilbert incident the
day previous and appealed 10 the jury
not to send an innocent woman to the
gallows on such testimony. He sought
hard to persuade the jury that the crime
could not have been committed by q
Ratchet, but that the instrument of
death was a gas pipe and the murderer
was Williamson.
Mr.. Comfy followed Mr.. Amidon for an
hour and thirty minutes Comfy is really
fine orator but it is doubtful whether
he is not too bitter in his arguments.
He shows no mercy to the opposition
witnesses and Infamous perjurers"
and "villainous liars" are pet phrases
Of his. II is very often judicious 10 be
bitter but few thought ne. as well as
Mr.. Amidon, carried it 10 an indiscret
limit on this occa sion. For instance he
told the jury yesterday that Sheriff
Cone would sell his mothers soul"to get
niger vote on election day" Several
people in the audience enjoyed the roast
but il did not seem to have any favor
able effect on the jury. The fact is that
Cone had a few very warm friends on
the jury and a great many thought the
remark hurt them II his denunciation
of witnesses had been less bitter he
would have made great speech. Both
he and Mr. Amidon were very severe on
Mr.. Stanley and evidently tried TO pre-
JUDGE the minds of the jurors by refer
ring to the fact that the county had
bought his eloquence to send Mrs. Leon
ard to the penitentiary. At one time
Mr.. Amidon made statements about Mr..
Stanley's connection with the case that
caused Judge Dale TO call him down
with an injunction TO refrain from max
ing the same statement again. Judge
Dale also asked the jury not 10 consider
IL, as there was nothing in the evidence
10 justify the statement.
But to reurn 10 Mr.. Comfy. The trend
OF his argument was that a man had
killed Leonard in the alley where he
was found; that they had a desperate
duel there and that Leonard was killed.
He made a pretty intricate argument
along this line and If the evidence had
not been so plain that Leonard was
killed in his own house he would have
convinced the jury Of his theory.
County Attorney John Davis closed the
argument and ne made a magnificent
speech. AS an orator Mr.. Davis has
great force because everything he says |
IS honestly entertained as his belief and |
the jury and audience know il. Then, |
again, he INDUCES in no abuse whatever |
and comedies whatever is fair to the |
other side. A great many people think he |
IS too fair. He goes on the theory that |
Il a person Is guilty OF a crime that !
the county owes ii 10 the people 10 con- |
Wet that person but II he is not guilty |
the county has no interest in prosecut- |
ing him
Mr. Davis commenced his argument |
yesterday by depreciatin the remarks
II the defense with referenc 20 Mr.. |
Stanley. He said that Mr.. Stanley was |
employed by the county to assist him
and that there was nothing 70 denOunce |
n that as IL is usual when important /
>ases come up for a county attorney 10 /
get legal assistance. He said that the |
people pay taxes for protection for their
ives and that when a cold bloOded muir
Ter had been committed il was nothing
strange to see the commissioners. who
ire the guardians OF public interests,
axe an interest in the case. He also |
deprecated the fact that the attorneys
or the defense had resOrted to abuse
Ind TilificatiOn against witnesses for
he state. He spoke especially OF Mr..
Amidon's attack on Marie Hilbert and /
isked the jury why, II Marie was such
/ bad person. Mrs. Leonard should be |
% friendly with her as 10 tell her how
he was going TO work Leonard. the
husband whom she so dearly loved. "
". Davis brought this point out with
considerable force and made quite
'oint there. He then too6 up the hatch
. and explained the testimony concern
ng il as the instrument that killed
1eonard- He Clearly illustrated how x