The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-06-26
WILL KNOW TO-DAY
JUDGE DALE WILL DECIDE MRS.
LEONARDS CASE

when the Case was Called Yesterday In the
District Court the Defense FI,ed q New
Ground for New Trial. Alleging That
the Defendant had Not Been Furnished
with a Copy of the Information As Pro-
vided by Law in such C2ses-w. L. Stan
lev Files His Afid2vitt DesyiEg That
He Used Certain Language set Forth
The motion fer new trial N the case
against Mrs. Leonard. who was found
guilty of murder ia the second degree
was called yesterday IN the district
for a new trial alleging that the prose
cutting attorney had failed to give the
defendant a true copy Of the informa-
ton fled against her. AIR. Luling
swore that he had made out true copy
Of the information and had given II TO
District Clerk Bridgsman. but he could
not swear that it had been handed TO
the defendant
Mr.. Bridgeman was not in the city
and the court could not be informed as
70 the truth or falsity of the ground IN
I'll the return of Mr.. BrldgemSn. and as
a consequence the case was continued
until clock this afternoon Mr.
Bridgeman returned in the evening and
says ne did deliver the Information 20
the defendant and the case VIII be ar
gued today, and If overruled Mrs Leon
ard viii receive her sentence. County
Attorney Davis and W. e Stanley ap-
peared for The state and Amidon &
Coniey for the defendant.
Mrs. Leonard was brought into court
by Under Sheriff kensier and took
seat inside the railing. There was that
same unconcsrned expression on her
face that has characterized her in all
the legal battsl 10 fasten upon her the
murder OF her husband. Her sister sat
outside rhe railing and was the only
relative Of the defendant present
here was d hitch in the proceedings
at the very opening caused BY an afii-
daviI filed by W. +. Stanley. denying in
every particular the charges OF irregu-
Iarity on his part in the argument %
the case before the jury. The defense
objected on The ground that the rules
adopted by the court required that the
affidavit in such a case shall be Med
tWenty-fOur hours before the motion
came up for argument. Rule a Was re-
ferUed 70 as the one violated but Judge
Dale claimed that the rule had been
adopted by his predecessor. and that
since coming on the bench ne had paid
no attention 10 it and oveFruled the OBJ
lection. He also stated that ne would
not entertain any motions nor allow the
filing Of any more affidavits when he
was satisfied the object was TO obtain
delay.
one OF the causes set forth for a new
trial was 70 the effect that Juror York
before ne went on the jury said to his
daughter that ne guessed they would
convict Mrs. Leonard. Mr.. York and
his daughter were both present and il
was supposed they were there to settle
that story by denial. The affidavit stat
ing what Stanley had said IN his argu-
ment was signed by w. II. Hull.
In his affidavit Mr.. Stanley states that
he did not point his finger at the de-
PENDANT and say: You can explain. :"
meaing the blood on the wall paper. but
affirms that he did say the evidshce
did show that there was blood on the
paper. What the defense most object
to is that Mr. Stanley in his argument
up before the jury after II had been
ruled out Of court This Mr.. Stanley
also denies.
The defense viii also attempt to show
that Mr.. Stanley made charges in refer
ence TO the character Of the defendant
not warranted by the evidence in the
ease. As to this Mr.. Stanley admits
that he did refer to the relations exist
ing between Mrs. Leonard and II. II.
Leonard as Illicit, but claims that was
the extent. He also denies that in his
speech 10 the jury ne used the express
ion: Who did you leave upon guard
this morning when you left your homes
if you intend 10 render verdict Of not
guilty. and that II your verdict is not
guilty. then the Fidicu,e OF the Jury sys-
TEN Is just"
Judge Dale said since there seemed
20 be sOne Misunderstanding ne would
defer the case until = o'clock today Mr..
Amidon said they were in the hands OF
the court, but he had other business that
needed 10 be attended 20. Judge Dale
remarked that he was willing 10 do a
good deal TO accommodate the attorneys
but he thought the attorneys were IN
der some oh&g cations % consider the
convenience Of the court. He said the
case would be heard at the time stated.
It IS said that when the Masonic
Home is opened that the street car
service on the West Side WiU be
doubled No visitors will come 70 W-Ich-
tia but what they viii desire % see the
prettiest place vzst OF the Mississippi
river. Il VIII not only b the p-ide OF
every citizen % Wichita, but OF the en-
Frra ar. - II. - -.
Union can boast OF a pretuer home
than can the Masons OF kansas.
Mr.. and Mrs. A p. Reeve returned
from a SIX weeks visit 20 friends IN
Illinois lest Wednesday evening.