The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-14

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case came on for trial, was unable to
procure these witnesses. They are Of
your own blood and kin, and have alb
sented themselves from the process of
this court, and from the reach of the
territory, and of its authorities, and there
is but one motive which can be found to
account for such absence on their part,
and that is, that they do not want to
appear here and testify against you,
Notwithstanding the fact that they had
testified before the grand jury, and in
such a manner as to satisfy the grand
jury in concluding that you had muir
dered your own sister. They have I'M
doubtedly remained out o fthe reach of
the territory and its process in order to
do what they could to save you from the
result Of your crime. 1t is not and can
not be true thaS you have not had every
means and every opportunity possible
afforded you to procure any evidence
that may have desired to be placed
with you by blood and marriage had a
particle of sympathy for you, the kpowl-
edge they had of your condition would
have ben sufficient, without any process
OF law, to have procured their attendance
here a this trial to assist you in getting
out Of your trouble. My only conclusion
in regard to this matter must bet can
not be otherwise-that you placed your
self by that act, not only without the
pale Of human sympathy, but without
the sympathy, companionshiD and help
of those who under heaven. are closest
to you
Now it becomes my duty to pronounce
this sentence, and I do so after having
listened very carefully to all the testi-
mony in this case and to the arguments
Of your counsel and the counsel for the
territory. I have given careful attention
to the testimony adduced here on the
stand before this jury. This jury was
composed of excellent men; they have
been from the very best citizenship Of
this county. men of high standing and
they gave your case the most careful
consideration. They have arrived, in my
Judgment. at the right and just conclu-
sion. They have found you guilty of this
charge against you, and they found it
of such a cruel henious, outrageous and
awful nature, so shocking to the sympa-
thies of humanity, that they have seen
fit to assess against you the death pen
atty. In the Judgment of the court,
that was right.
Il think it is proper to say, and will
say. right here, that 1 believe the senti-
ment, the whole sentiment, of the bet
ter class of people where rnis crime was
committed, and where the defendant is
known, and where the circumstances of
the crime are known and understood, were
relieved by the sentence Of that jury.
l believe the stntiment of the people was
for verdict in this case as returned by
that jury. 1 say that as the people can
only form a conclusion concerning the
nature of the crime and the guilt of the
person charged, by what they believe to
be true, and only the jury and those par
ticipating in the trial can know the real
facts and circumstances in the case. as
we are compelled to pass upon them in
the court, but in my Judgment the verdict
of that jury met with the sanction, and
was according to the sentiment of the
large majority Of the citizens who have
been made aware Of the evIdence produced
at the trial.
1t is a fact known to me, and per
haps to a great many, more especially to
those about the courts, that this terri
tory is peculiarly afflicted with this sort
Of crime, the crime OF murder. And 1t
is a startling fact that it Is increasing
will say here that at the commencement
OF the autumn term Of court this year
I had eleven murder cases in the Fifth
judicial district for trial. I have heard
five or SIX Of them. I can say also that
they were all frst-class killings-k killings |
Of the most vindicuve. and cruel and ap-
palling character. Judge Irwin informs
me that at the commencement OF the |
autumn term he had nine murder cases
confronting him, making a total OF twenty
murder cases in these two districts The
population of these two districts cannot /
Zoe more than 15o,oo0 to 175.c00 people. and /
the fact Of twenty murder cases 10 try
in these two districts in the period u /
six months, IS a record fer this particular !
specie Of crime that I suppose is unsur- /
passed in the United States at this time
Now there IS a cause for this alarm /
ing condition OF things and viii state /
my conclusions as 20 the cause Of this /
condition As presiding judge Of one Of /
these districts. confronted by this thing
for term after term. I have come 10 the I
conclusion that it had It's origin in local /
motives. local causes, and local support
The jurynen WHO are summoned 20 serve /
on rhs juries in these cases have frequent
ly sat in the jury box. under their oathS. +
and told NE. even at the late term II /
my district, that tkey have conscientious !
scrupies against the infection OF the death /
penalty, even in the ssverest and most /
cruel cases. ard jurymaa after juryman. (
u the number Of ten IN succession. have /
made such answers 70 me. on Inquiries /
upon the voir dire, Notwithstanding The /
enormity and cruelty CO these col8-5leod- /
e. and Infamous crimes. and refuse 10 sit. /
on jury and render a verdict which /
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