The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-25
ATTACK THE LAW
Nina Raymond'S Attorneys
File Motion, Claiming
CITY COURT HAS NO POWER
Motion 0verruIed and PreIim-
mary Trial Proceeds.

A sensation was sprung right a the start
of the preliminary hearing of Nina Ray
mond yesterday, when Stanley & Stanley,
motion to quash the indictment of Nina
Raymond and attacked the constitutional
lily Of the law creating the city court of
Wichita They are the first attorneys to
attempt such thing, and they believe the
supreme court will rule this law TO be
void if it ever becomes necessary to take
it to the supreme court. Their motion is
as follows:
Inc defendant moves the court to quash
/ the warrant herein and dismiss and release
her from Imprisonment hereunder for the
reason that this court has no Jurisdiction
over this case, because the law creating
this court and purporting to give it juris-
diction over such cases is unconstitutional
and therefore void. This defendant fur
Their says that the provisions of the con-
stitutiOn to which this law are repugnant
are - follows: Constitution OF the state
Of Kansas, article sections l, s, and
other provisions.
STANLEY e STANLEY,
Attorneys for Defendant
After reading this motion, believing the
court would overrule it, they filed the fol-
lowing motion to quash, on account of the
alleged Illegally of the warrant:
The defendant moves the court to quash
the warrant herein, and order her release
and discharge for the reason that this de-
PENDANT was, at the time she was arrested
under this warrant, serving out a sentence
pronounced by another court, tO-wit: The
police court in and for the city of Wichita,
county of Sedgwick, state of Kansas; that
the aforesaid sentence had not yet ex-
PRED at the time this arrest was made,
nor has it yet expired, nor has the said
sentence or judgment been released by the
said court: and by reason of the fore
going premises this defendant claims that
this court has no jurisdiction over this
case. STANLEY & STANLEY,
Attorneys for Defendant.
Both the above motions having been
overruled by Judge Kirk, the case pro-
ceeded. James Comfy, as assistant prose-
cutting attorney conducted the case for the
state
Nina Raymond, the alleged murderess,
was brought into the court room by Mar
shall Henry schad, and took her seat i'm
mediately behind her attorneys. She was
dressed in a new fancy striped shirt waist
and black skirt, and wore a Knox sailor
hat and veil. Her hair hung in pretty
ringlets, and altogether Nina presented a
better appearance in every way than when
she was first arragned at trial several
weeks ago.
DR. Jordan was the first witness called
by the state. His testimony was TO the
effect that he was called TO see Edward
Jones after ne had been taken TO his room
over 125 West Douglas. and after exami-
ming and treating his wounds, he ordered
him taken to the hospital He did not see
him any moresuntil the sunday morning
after that when the sick man was being
removed to the county jail. in a very seri-
Gus condition from erysipelas. which had
set in. DIR. Jordans opinion was that he
died from the effects of the wounds made
with the bedslat. That the wounds inflict-
cd were the primary cause while the re-
sultant eryspelas was the exciting cause
OF death. Most of mis- testimony was OF
a technical and medical nature
Mrs Roberts, the woman at whose house
the dead man was supposed to have re-
ceived the wounds was next called. She
was the states witness but was also used
as a witness for the defense. and Mr.
Stanley questioned Mrs. Roberts - severe
" that the witness became muddled and
mad, She was on the witness stand nearly /
four hours. She said she had never seen
Nina Raymond until the night Of the
trouble. That Nina came in the back way
and went 10 Jones room, where they had
put him 10 bed. and, after awhile sae
heard terrible noise like horses kicking /
in barn. She rushed into the room and /