The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-06-27
reasonable diligence have discovered

cause.
! That the verdict of the jury has
been decided by means other than fair.
8 Tbat the court has misdirected the
iur-v in a material matter of law which
was OBJECTED to by the defendant at the
time and also except 10.
7 That the court refused TO give the
instructions asked for by the defend
ant which stated the law governing the
case.
8. That the verdict is contrary to law.
9. That the verdict is contrary TO the
evidence and is not sustained by Sufi-
Gent evidence.
10 Misconduct Of the attorneys for the
state, and especially misconduct of W.
Z. Stanley. who was assisting the pros
ecuting attorney in the trial of the said
cause.
il. Error Of law occurring during the
empanelling of the jury in overruling
the challenges Of the defendant TO many
Of the jurymen who were incompetent
and who had formed and expressed,
and then had an opinion as 70 the ma
terial issues in the trial of the case.
u. Misconduct on the part OF W. E
Stanley in exhibiting TO the jury Ger
tain papers which had been by the court
excluded from the consideration Of the
jury; and In remarkfng 10 the jury
when the court admOnished him, and
told him that the same could not be
introduced or exhibited TO the jury, by
saying to the jury, 81 suppose the r1l-
ing Of the court IS correct, but I should
just like to show you this paper"
81 Misconduct of the said W. Z. Stan
fey in his argument TO the jury by stat
ing 10 the Jury, "there Is blood on the
clothing, there Is blood in the house,
there is wet cloths and wet clothing
which they alone can explain and they
don't do il, why don't they do IL gen.
tlemen Of the jury" meaning that the
defendant failed 10 testify and explain.
IA Misconduct of the said w. Z. Stan
ley in arguing 70 the jury that the evil
dence proved that the marriage OF the
defendant to H. II. Leonard was He
gal, and that she was living with said
Leonard IN a state OF adultery, and
that said marriage between the defend
ant and H. H. Leonard was Illegal
Is Misconduct Of w. Z. Stanley in
arguing 70 the jury that public senti-
ment had trailed and scented out the
crime and found the defendant guilty or
the murder of II. H. Leonard. and that
the good of society and public senti-
nent now demanded a verdict OF guilty
at the hands of the jury. and that if
the said jury did not find the said de-
PENDANT guilty of murder, that then ju-
RES were a farce, that the court house
had better De torn down and each par
~ protect himself; and by saying 10 the
jury, Whom did you leave upon guard
this morning when you left your homes
and if your verdict is not guilty that
Il J,
jury system is a just one.
16. Misconduct Of the said W. Z. Stan
ley In arguing 10 the jury that the de-
good.
Il. Misconduct Of the said w. T. stan
ley in arguing to the jury that the said
defendant was afraid 10 aJtempr 20
prove the good character Of the defen-
dant for anything except peace and qui-
etude; that they had once ventured and
the witness had shown that her charac-
ter was not good; and in arguing TO the
Jury that If Gner character was good that
she. meaning the defendant, would
have had witnesses 10 prove the same.
And many other cases of misconduct
on the part of the said W. +. Stanley
which is shown by the record, and each
and all of the cases complained OF were
duly objected and excepted to at the
time.
is. Misconduct Of one of the witnesses
for the prosecution while upon the wit
ness stand. and while as a witness IN
whispering in loud tone to the cOun-
" attorney. who had then approached
him, and loud enough for some of the
jury 20 hear, but not loud enough for
the defendant or defendants counsel
TO hear, and which the defendants
counsel objected TO. That The court err
ed in announcing in open court that
the objection was overruled and that
the witness had a right TO whisper to
the county attorney while upon the wit
ness stand as such witness.
10. That the court erred in admitting
in evidence certain articles, clothing.
hat. shoes. board. wall paper and one
certain Ratchet which was shown 10 be
illegal and incompetent evidence 70
which all the defendant at the time ex-
cepted and now excepts.
20. That the court erred IN everything
the objections OF the defendant to the
appearance and assistance of the said
W. Z. Stanley for the prosecution that
was made TO appear TO said court that
he was employed by the county COM
missioners. and for the purpose Of op-
pressing and overpowe-ing the defen-
d2nt IN her proper defense.
Il. That the court erred in refusing 10
direct the sheriff 10 serve subpoenaS
upon witnesses for the defendant, COM
pelbng the defendant TO proceed with
the trial without witnesses
-. That the court erred in overruling
the motion OF the defendant for contin-
uance Of said cause upon the aPplica-
ton filed therein.
p. That the court erred IN everything
the objections OF the defendant 20 the
introduction OF any evidence for the
reason stated in said motion.
"a That the court erred in COMPEL
ing the defendant 20 proceed 70 trial
without a copy OF The informa ton fav-
ing been first served upon her.
-. That the court erred in his instruc-
tons 10 the jury.
%. That the court erred IN refusing
70 give instructions requested by the
defendant.
p. Misconduct OF several OF said jur-
ors during the trial OF the said case.
y. That the court erred in permitting
gfle county attorney 20 indOrSe the
names OF seventeen witnesses on the in
formation after defendant had entered
q plea OF "ot guilty" 70 said iforma-
ton. And IN permitting the said coun-
" 10 use said witnesses over the OBJ
ie-rions OF the defendant.
%. The court erred in permitting the
attorney - use a witness whose
name had not appeared. nor was said
name endorsed upon the information.
over the objection OF the defedanf-
50 NiscoduCt q one or more Of said
Jurors during their examination upon
the N-oir dire as 70 the qualifications and
fitness for such Jurors
81. That the verdict Is 1oc the Just ex-
preston Of the Convictions OF sll the
jurors. but Is simply between those who
believe the defendant guilty OF murder