The Wichita daily eagle., 1898-10-27
DISAGREE AGAIN
OCCIDENTAL CASE NOTsETTLED
YET.
Jury Stands to 1 i'm Favor Of Chas.
Guyer.

The case Of Stunkel VS.. Guyer. for pos
session of the Occidental hotel. was sub
mitted TO a jury for the second time, at 4
eo'clock yesterday evening.
The case was reached and called twice
IN Enochs court, taken by change of venue
to Judge Glenn's court and sent by him,
on agreement, because of I'll health. to
Justice Walker for trial 1t wa. first
| called for trial one week ago last Mon
day. After a two days trial the case was
submitted to the jury. About four hours
later the jury was discharged. not being
able to agree upon a verdict. standing four
for plaintiff and two for defendant.
Judge Walker set the day for re-trial on
last Monday morning. The day was spent
in preliminaries. and nothing accomplished.
jury was struck Tuesday morning at 9.
returnabIe at II O'Clock. The hour before
noon was taken in procuring jury. At 2
the introduction of evidence was begun
ana at the hour for adjournmenc the evil
dence was all in and the jury relieved un-
til o'clock the next morning.
When the jury was called yesterday
morning Attorney A. Z. Helm presented
an instruction which calel dforth vigor-
Gus protest from defendants attorneys.
and Blake &c Ayres presented one which
Mr.. Helm objected to. The plaintiff con-
tended that a contract entered into on
December 81, 1897, for the lease OF the hotel
for one year from the S1st day of Decem-
Der. or until January l. 1s9e was void un-
der the statute of frauds. and asked that
the jury be instructed TO bring in a YER
dict of guilty. This position was con-
troverted by defendant.
Blake e. Ayres for defendant asked the
court TO instruct the jury that if they
found that notice to leave the premises
within three days, was served on the first
day of October and suit brought on the
fourth. that such suit was prematurely
brought, and that under such state of
facts defendant could not be found guilty
This was strenuously denied by plaintiff.
Mr.. Helms instruction was refused and
the one asked by defendant, and given on
the former trial. given.
This instruction declared in substance
that parole lease for a year from De-
cember 81, or commencing with January l
and ending one year thereafter, entered
into December 81 was good.
At this time defendants consented that
the instruction asked relative to the three
day notice might be denied with proper ex-
cepttons and the case submitted on argu-
ment to the jury. After the entire fore
noon and night before was spent in pre-
paing and arguing the instructions the
identical instructions given on the former
trial wers settled upon as the law In the
case.
The afternoon from 1:3O 20 4 O'Clock was
used in arguments TO the Jury After de-
liberating for four and one-haf hours.
the jury. failing 20 agree. WIS discharged
From the most reliable information obtain
able, the jury stood to for acquittal N
the first and subsequent ballots. u was
another case OF five contrary men-a sit
uation at times apparently unavoidable.
R R Vermilion. who was associated
with Mr. Helm IN the first day Of the
trial. was called out ot the city and id
not participated in -he second days battle
Messrs. Blake and Ayes are certainly
making a good fight, having won Two
negative victories