The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-10
PUSHING THROUGH THE WORK
Judge OF the Appellate Court Continue the
SchDitzler Case.


! The great interest centering yester-
/ day in the court Of appeals was the
Glabeas corpus case of VIII Schnitzler
/ and l. A. Robertson brought from the
/ decision of ex-Judge Reed in the dis
! tTict court
! The defendants were represented by
| q. G.. Eckstein and Kos Harris, while
t the interests of the state were repre-
scented by Assistant Attorney General
Campbell. Notwithstanding the great
local interest manifested in the decision
of the judges the case was not called
until a late hour in the afternoon.
! The arguments for the release of the
( prisoner was opened by Kos Harris,
VINO alleged that the proceedings in the
district court were irregular inasmuch
as the judge of the district court had
held that the defendant T. A. Robert
son was guilty Of contempt of court.
When the records failed TO disclose the
fact that the said defendant, Robertson
had even been served with an injunc-
ton, and as a consequence could not
lbe in contempt of the courts order
That if Robertson was guilty as charg-
ed in the affidavit of the assistant at
torney general, he was guilty of a mis-
demeanor, and as such was entitled to
a trial by jury and the judgment rem
dered was contrary TO the constitution
OF the state and the spirit of the law.
Presiding Judge johnson desired that
the applicants for the maintenance of
the writ should produce authorities
for their posi- ton, as he desired to start
Alright and after few minutes CONSUL
tatton the attorneys were cited TO pro-
duce additional authority for the posi-
ton they had assumed, and the case
was continued until later date.
The following business was transact
ed yesterday by the court:
The briefs in the case of J. W. Johns
ct al. VS.. w. r. Marshall were submit
ted to the court and taken under ad-
Visement-
The records were ordered delivered
TO the defendant in the case of Sarah
w REDWOOD VS.. H. W. Johnson for the
purpose OF the defendant preparing a
lbrief.
Attorneys Whftelaw and Dumett
made arguments in the case of the First
National bank of Hutchinson VS.. A. w.
McInwruff and the case was submitted
on the prepared briefs.
The court overruled the motion OF
the defendant to dismiss the cause in
the case Of Fannie c. Murray VS.. Har-
riett Balmann.
City of Wichita VS.. James Cogshall
was argued by G. W. Adams and l. p.
Campbell and submitted upon printed
bri ifs.
The cases of D. B. Curd VS.. S. p.
Brown ct al, and F. E. Smith ct al. VS..
Caroline Savage were submitted upon
printed briefs filed.
The court dismissed the case OF J. B.
Watkins VS.. Samuel Sawyer at the cost
of the plaintiff, upon the motion argued
by the defendant.
r. r. Vermilion and ]. P. Campbell
argued the case of the Western Tele-
graph company VS.. THE Getto- McClung
Boot and Shoe company and submitted
the same upon printed briefs.
a revival order was made in the case
of Samuel Brown er al, vs.. O. NJ Thorpe
il having been shown TO the court that
the plaintiff Samuel Brown had died
The case was continued to the next
term and the clerk instructed 80 sub
stitute the name Of the administrator
in place Of the plaintiff when letters Of
administration were filed.
on the motion of defendant the case
of George w. Stevens ct al VS.. Mary c.
Sparks was dismissed at cost of plain
tiff
The motion of the defendant to dis
miss the action in the case of r. w.
Hodgson VS.. ]. r. Griffith, receiver,
was argued and oveTTuled.
The motion to dismiss the action
brought by s. ". ,Shattuck VS.. County
Commissioners of Harvey county was
argued by A. L. Green and S. W. Shat
tuck and sustained 10y the court