The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-08-29
STORM In PROBATE
PRISONER GOES TO THE CLOSET
AND FAILS TO RETURN.

Oklahoma and When Judge Myztt wa
Ready to Make His Decision the Pris
| oner was Called But Failed to Respond
The Wrath of the Attorneys Knew No
Bounds When They Found 1hey Had
| Been Talking for an Hour While the
Prisoner WAS Being sped to Oklahoma.
There was a wild scene yesterday
morning in the probate court ONCE
an Notwithstanding that there is
severe statute in Kansas against using
profane language in a court room, all
this was laid aside and the air was
blue, as the saying goes.
Attorney Wilson of Kingnan stamp
ed his feet in rage and pounded his fists
on the table while his eyes shot fire
as volume after volume of epithets
was poured upon the head OF Sheriff
Cone. County Attorney Davis SEEM
ed perplexed, but over the calm feat
ures of Judge Myatt not wave Of
trouble rolled. He had done his whole
duty; he had been called upon to issue
papers in a habeas corpus case, which
taken and brought before him, he had
patiently sat for three long, weary
hours LISTENING 30 the arguments Of
counsel; he was ready 10 render his
verdict and the prisoner was told to
come forward and hear the decree OF
the court. It was at this time that
the storm broke in all it's Juror.
1t must be remembered that the even
ing before as Sheriff NJ G. Spence and
Postmaster Van Brunt of Watonga, o.
T., were about to board the solrth-bound
Rock Island train with a prisoner nam
ed Hiram Mingold, that Constable Voss
appeared upon the scene and demanded
the prisoner upon a writ of haDeas cur
pus issued by Judge Myatt. and the
two men were not only forced TO give
up their proposed journey but their
prisoner as well
Constable Voss had his Prisoner, and
not being DESTROYS of sitting up through
out the night, he turned him over TO the
sheriff for safe-keeping, but failed to
leave with the Sheriff any commit
ment or warrant.
A1ingold had been arrested at Tope-
ka on the charge Of burning the house
of Thomas Ferguson, editor OF the Wa
tonga Tribune, in February, 1894. When
Mingold was arrested he was given
preliminary hearing and bound over
to the action of the circuit court in the
sum of $500, and Postmast Van
Brunt had gone upon his bond. 1t
seems that Mingold jumped his bonds
and since that time they have spent
$500 in trying to secure the man who had
not only outraged their confidence but
who had forced them to make good the
bond during the present stringent times
and the bondsmen swore they would
have Mingold If he could be found upon
the fact of the earth.
Three weeks ago Mingold was arrest
ed and convicted of selling whisky at
Topeka, Kansas. and Van Brtrnt Sc
cured from Governor Renfrow a reduisi-
ton which was honored by Governor
Morrill,, and with their prisoner Sheriff
Spence and Postmaster Van Brunt
started for Oklahoma with their prison.
er, when they were served with the
writ of habeas corpus issued by Judge
Wyatt.
Thus the case stood yesterday morn
ing when Attorney Wilson for Mingold
appeared before the sheriff and asked
that the prisoner should be brought
to the probate Office, as he desired TO
talk with him. The request was grant
Su' III Lew minutes county ATtOr-
ney Davis appeared and the two at
torneys began to argue the case. Con-
stable Voss had failed to make a return
upon his writ, but both attorneys were
overlooking with legal points and the
battle was begun in earnest.
Mingold motioned to the sheriff and
asked If he would show him to the clos
et. The request was granted and when
appeared from the closet he
fell into the embrace of Sheriff Pence
and Postmaster Van Brunt of Olilaho-
ma, and in the space Of two minutes
was being driven like the wind across
the country for Oklahoma.
SheIi Cone says that when he left
IN the closet that he happened !
to remember some business that re-
quired his immediate attention. and |
when he returned the bird had flown.
Stiu the legal eloquence was kept |
n the court room above and the sheriff !
returned and began splitting tobacco /
Juice and sat there until the escape was |
discovered, when he came forward and |
showed that he had no more right to !
fetain Mingold than a private citizen.
lie not having the scratch of a pen in his |
hand authorizing him to hold the man. /
An examination of the case proved /
his was right, but while the decision of !
Judge Wyatt was still beneath his beft I
he prisoner was at least five miles /
away and felt confident that they would /
Tot pass through a 81 orIa Kansas tour,