The Topeka state journal., 1899-12-04
MURDERCHARCED
s. E. YOeman on Trial In Dis
trict Court.
Shot David jackson In POtWin
Last June.
A FAMILY QUARREL.
Men Used RevOlVers and Bloody
Battle Ensued.
YOeman Hit Four Times and
Jackson Once.
An Application For Continuance
Is Denied.
FAMILY QUARREL.


this morning in the district court.
A special venire of IA jurymen has
been summoned to try the case.
Yoeman is being defended by T. F.
Doran, L s. Ferry and Dennis Mad
den and the case promises to be inter
esting. 1t will probably consume a
week.
State of Kansas against S. E. Yoe-
man. Is the state ready?
The court room of the Shawnee cOun-
ty district court was filled with the
lawyers and spectators when Judge
Hazen called the trial of S. E. YeOman
for killing David T Jackson for hear
ing at 10 O'Clock this morning.
County Attorney JetmOre announced
that the prosecution was ready to pro-
ceed, and the attorneys prepared to
open the case.
Mr.. Yeoman entered the court room
just before 10 O'Clock, and was accom-
panied by his wife, his daughter, Mrs.
H. o. Jackson, and his attorneys, Fer
ry & DOran of Topeka, and Dennis
Madden of EmpOria. John Madden, his
other attorney. is still quite i'll.
AS a preliminary, Mr.. Madden made
a formal motion to quash the informa-
tiOn in the case. which was promptly
overruled by Judge Hazen- A series of
legal skirmishing followed.
County Attorney JetmOre asked leave
to endorse the names OF aQQlllOndl VIII
nesses on the information. and this
was objected to by Mr.. DOran, but the
court granted it.
ed that the county attorney be COM
PEELED to show what he intended to
prove by the additional witnesses. and
also asked for d continuance of the
case which was denied by the court.
Mr. Madden then moved a cOntinu-
ance on account of the illness of John
Madden, and presented aft1davits of
Mr YeOman. L. s Ferry, Dennis Mad
den and n EmpOria physician to show
that Mr. Madden has made special pre-
paratiOn for the defense of Mr.. YeO-
man, but that he is now very i'll with a
fever and is irrational a portion of the
time.
County Attorney Jetmore asked Mr..
Doran a series of questions to show
that he had been connected with the
case ever since the killing Of Jackson
occurred. Mr.. JetmOre used the term
murder" in one of his questions and
Mr. DOran said:
If it please the court, we object to the
use of the term murder .
The term Killing or alleged murder
should be used replied Judge Hazen-
The court refused the applica ton for
continuance on the ground that Mr.. Yoe-
man had three competent attorneys pres
Mr.. Doran said he understood that the
county attorney had in his possession an
alleged dying declaration made by David
Jackson which he intended to use as tes-
timony, and he asked that the defense
voluntary allowed it to be done.
Mr.. DOran moved to set aside the regu-
lar panel of Jurors the ground that
it was not legally drawn, and Mayor
Drew and a majority OF the township
duced as witnesses to prove the allega-
ton. Mr.. DOran alleged that many of
the jury lists were made UP by the truS
tees from memory and from the assess
ment roll of 1899. when they should have
been made entirely from the assessment
Mayor Drew was first put on the stand
Al "a he a q he
hundred typevvriten names which were
given him by the county clerk, but he did
not know personally from what the list
was taken but he supposed it to be a
list taken from the assess ment roll of
William Bradbury trustee of Topeka
township: S. w Rice Of silver Lake:
George Crisnnan of Mission township: F.
w Wise of Tecumseh township: j. w
cochran of NTen0[en township and J. IL
kingman of Soldier township We're also
put on the stand to tell how they made
edged that they made them partly from
memory and also consulted the assess
Mayor Drew was called the second time
up his jury list. He brought two lists. one
of which was said to be a copy of the
Mr.. Doran offered to introduce both of
them evidence, but this was objected
to, by Mr.. Jetmore and the court over
I will then read the two lists" said
If that is the object of Offering them
the offer Will be sustained" said the
Mr.. Drew testified that the list he used
was made up in the county clerks Of
flee and County Clerk Wright was sum-
mOned and placed the stand to tell
where the list came from. He said it was
a copy of the list furnished by ex-AIayOr
Fellows last year
The rest of the morning was taken up
with arguing the law in the case by the
attorneys and Judge HaZen excused all
jurors and witnesses until afternoon The
arguments were concluded at y o clock.
but Judge Hazen reserved his decision on
the motion until court convened at 1:3O
this afternoon.
AFTERNOON SESSION.
AS soon as court was opened this af-
ternoon County Attorney JetmOre ask
ed leave to introduce the testimony of
every juror on the panel appears on the
assessment roll for 1898.