Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1899-06-01
TRAIN RORBERN ON TRIAL.
The Cases Of lack Kennedy ana Others
Called nj Hariville, Mo.

Hartvlllle, No., May 29,-Both state
and defense claim to be ready to try
the cases Of the men under Indictment
for the robblng Of the Kansas CITY,
fort Scott and Memphis express
train at MacOnb, this county, on
January 8. Both sides express them
selves confident Of victory and eager
for the hearing of evidence to begin.
But both sides are really hanging
back, inclined to dispute trflcs, The
truth seems to be that both sides are
u bit nervous for fear some advan-
tage may be lost
The cases had been set for Monday
morning by Judge Cox Of the circuit
court, and they were duly called. For
the state there appeared five at
torneys, Prosecuting Attorney II. II
Ball, Il. M. Mansfield Of his villaS~
and II. i. Grede Of Springfield repre-.
senting the Memphis railway and W.
j. Orr OF West Plains and T. IL. Nc
Oregon OF Springfield representing
The Southern Express company. The
defense confronts this array with q
legal force Of but three, Colonel
Thomas II. Nluslck OF Springfield, L.
o. Neder of Mansfield and ]. l.. Hart
~ Norwood.
Directly the cases were called
Prosecuting Attorney Ball announced
that the state was ready and elected
to try Lewis Nigh first. This seemed
70 surprise the defense. After q
brief consultation its attorneys an
nounced that witnesses summoned
had not yet arrived and they really
7ould not say whether they were
ready to try the Nigh case yet or not
They asked time aud the court gave
them till Tuesday morning to ans
wer. This ended the formal proceed.
inSs for the day.
but the defense held several consul
tations, The decision OF the state 10
try Nigh first seems exceedingly un.
satisfactory TO the defense. 1t wan.
ted Kennedy to lead Off, for some
reason, some say to keep the country.
men in line. However the trial shall
come out, the state is not going to
have a. walkover, nor are the defend
ants going to ask a change OF venue
All of them are in remarkable spirits
and hint at some sort OF grand coup
that is going to stand the prosecu-
tion on its head" All insist they are
innocent. Even over in the archaic
local caboose Jake Fegley and Lewis
Nigh show this confidence TO a re.
narkable degree. The Jail is a crude
'ne-story affair, 16 by Is feet, Of by
4 joists spiked one TO another, with
eight-inch wooden floor and two-inch
by twenty-inch windows, heavily bar.
red with iron rods. They have been
,here constantly since last March.
"A man could not get out Of here
easily enough" said Nigh today,
7but what's the use? Where would he
go? We've done nothing and we ex.
pect to be cleared this week and al.
lowed to go home"
1t has been several times reported
that these two have agreed to confess.
OF this Feagley said: THAT was all
a getIup on US. It's not u word true.
Those lawyers, Bail and the rest, have
been at us TO make n confession.
They said they would let us off with
ten years in the pen. We told them
we would stand our rtial and rely
on our innocence"
This could he taken as the nearer
pleased, as staunch declaration OF
Innocence or as balk because tho
penalty concession was mot great
enough. Late this afternoon Law.
yer Niedler for the defense seemed
inclined to stick for postponement
tomorrow on the grund THAT 1t is q
legal holiday. All the other attorn-
eyS were agreed to disregard the
holiday and go ahead. Judge Coz
says he Is agreeable to anything and
will call the cases at o'clock any
way. After that it will be with the
attorneys what shall be done.
The town is filling up with witnes.
ses and spectators. The state has
some 100 witnesses summoned and the
defense tAHty6ve or forty. The
names OF the latter, the attorneys for
the defense decline to give, but they
say Several OF them come from a
great distance" This would seem to
suggest that Keunedy's reported
Texas abb is to be presented.
Kennedy was In high feather thio
morning. He was fairly garrulous ut
times. and rVmor had II that he had