The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-04

| case and on the first ballot unanimous
| " found the defendant guilty Of muir
| der in the first degree. The result was
| reached without much trouble, each
| member of the jury seemingly having
| settled the case in his own mind in the
interval between midnight and this
! morning. This verdict is received with
almost universal satisfaction.
This IS the second trial that DR..
DuestroW has had on the charge Of
murder, the first one resulting in a
hung jury last year. The terrible crime
with which ne was charged was COM
mitted in February, 1894. One day
that month, his wife and child were at
home awaiting his coming TO take a
drive. When he came into the house,
Duestrow, who was drunk, began to
abuse his wife and finally shot her
down in cold blood. He then picked
up his 3-year old boy, beautiful child,
and, holding it at arms length, killed
II with a pistol shot through the head.
His wife fingered for several days and
finally died.
After his arrest, Duestrow, with his
fortune, tried 70 eVade the consequent
ces of his crime. Ex-Governor John
son, who is credited with being one OF
the ablest criminal lawyers of this
state, was given charge Of the case, and
was assisted by Colonel Nat Dryden,
Charles holland and J. Wesley Booth.
Prosecuting Attorney Zachritz of St
Louis was assisted by Judge Bolte,
prosecuting attorney of Franklin coun-
ty; Judge Gallenkamp and Lee Meri-
wether. Counsel for the defense en-
deavored to esta blish a plea of :nsan-
ity, but after two inquiries held before
juries, in which much expert testimony
was heard on both sides, ii was given
UP and the case came 10 trial in Union
a change of venue having been taken
from st. Louis. The first trial ended
in hung jury.
Throughout the last trial before
Judge Hirzel, Governor Johnson and his
assistants kept up the insanity plea,
and were ably seconded by sthe defend
ant, who endeavored TO create the i'm
preston that he was crazy AS during
the two inquests and the former trial
the defense put on the stand num-
Der Of the most prominent physicians
in the state as experts, to prove Dues
trow's insanity. Equally eminent eX-
perts testified on behalf of the state
and throughout the trial there was an
almost constant warfare between the
opposing counsel. Arguments were fin
ally begun on Saturday morning, in
crowded court room. Those present
were disappointed that Governor john
son was not able to speak. being con-
fined 10 his room with a sprained ankle.
Judge Bolte, prosecuting attorney of
Franklin county, began the arguments
He dWelt particularly upon the instruc-
tons Of the court, given the day prev
iOus, explaining them in detail. Chas.
holland, for the defense, spoke with ell
Oquence. force and conviction. He di-
rected his attacks against the states
contention that the crime was due to
drunkenness. He was followed by
Judge Gallenkamp, who roundly de-
nOunced the attempt of the defense 10
besmirch the names of the prisoners
father and mother, in order to prove
hereditary insanity, which attempt had
been fooled. J. Wesley Booth, for the
defense, argued that the worst that
could be said Of DuestrOw was that he
drank hard and was a millionaire.
Lee Meriwether's denuncia ton of the
attack made by the defendant and his
counsel upon the defendants mother
was most scaThing. He also showed
how criminal attorneys resorted to ev-
cry means TO plead for and acquit their
clients. Again Colonel Nat Dryden
closed for the defense, and at some
length resented AIerriwether's charges
as unwarranted. Prosecuting Attor-
ney Zachritz, who was the last to speak
brought into play all his powers of rid
cule, sarcasm and wit, and delivered
a very effective address. The case
then went 10 the jury.
When the result of the; jurys DELHI
erations was made known today, Due
strow's counsel said an appeal to the
court would be made Dues
trow received the verdict calmly. He
sat smoking a cigarette as the judge
read the paper handed in by the jury.
AS far as external appearances go, he
was the coolest man among the TWEEN
ty-five lawyers, reporters and citizens
2 SSarln hlp1 in Tia cnnr.t rom