The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-18
WILL GET NE " TRIAL
Unusual Procedure Brought
in the District Court
OF GREENWOOD COUNTY
To Secure Justice for Mrs.
New and OObbS.
IF GREENWOOD COUNTY

new trial, to be secured by a writ Of error
coramnobis," a civil procedure brought in
the Greenwood county court. If the Dis
trict court refuses new trial the matter
will be taken to the supreme court:
a thorough and careful reading Of every
word of record fails to find evidence Of
the guilt of either Mrs New or Dobbs
The record contains much evidence that
points strongly to their innocence, but
none that points to the guilt of Mrs. New,
and very little that points TO the guilt of
Dobbs. After reading this record one can
not escape the belief that the conviction
of this man and women was an outrage.
Most Of the people Of the county believed
them guilty at that time. This sentiment
has changed. Now the conspiracy seems
plain, and there is an earnest demand
for new trial.
Governor Leedy of Kansas investigated
the case enough to satisfy himself that
Mrs. New had been unjustly deprived of
her property and he cut down her life sen
| tence to forty years so she would have
legal standing in court to prosecute a
suit to recover her property. Warden
Lands of the state penitentiary, is so firm
| ly convinced of the innocence Of Mrs. New
| and Dobbs that ne consented for one Of
! his guards, ". p. F'Ieeman, to go to Green
! wood county and investigate the truth of
| the confession of Alvin Ballard, convict,
| who says he helped TO murder Joseph New
! and that Mrs. New and DobbS were limo
! cent. Mr.. Fleeman has spent a month of
| time and much of his own money and be-
| Heves Mrs. New and Dobbs are innocent.
! S. P. Mold and John Stowell, lawyers of
| Seneca, Kan, Mr.. Mold, the prosecuting
attorney of his cuonty, has worked four
! months trying to get a new trial for Mrs.
| New and Dobbs and believe them limo
| cent. They have done this at considerable
expense and without pay. Sheriff Sim
mons of Wichita believes Mrs New is in
nocent and has given time and spent
money trying to prove it. Governor Stan
! ley Of Kansas, became so interested in the
case that he went to the penitentiary at
Lansing, to interview Mrs. New and
| Dobbs. In Greenwood county the case is
| the principal thing talked about. A man
! who was neighbor of the News for years
said that he believed so firmly in the inno-
! cence of Mrs New that he dreamed of it
| at night. Farmers who drive into Eureka
say that everywhere in the county the
! taxpayers hoped there would be a new
| trial. The best citizens of the country
agree that their trial was worse than a
farce.
Opposed to all these IS the lawyer who
| defended Mrs. New and got her property,
and the prosecuting attorney and the judge
! Of the court who presided at the trial.
These say that Mrs. New and Dobbs are
| guilty and shall not get new trial if they
| can prevent it.
If they are given new trial. and it is
a fair trial, with a competent and honest
lawyer to defend them, Mrs. New will GER
tainly be acquitted unless new evidence is
introduced.
Joseph New and his wife, Emelia, lived
on a 240-acre farm fifteen miles southeast
Of Eureka. George Dohbs lived two and
one-half miles away. He was a black
smith, a carpenter and a jack-of-all-t
who worked for neighbors. He often
worked for Joseph New and he and New
were firm friends. The night of October
81, 1897, New was called out of his home
and shot down. Mrs. News story of the
crime as she told it at the coroner's in
quest, and at the trial it was proved to be
a correct statement so far as the details
of the crime went, is as follows:
Il am 81 years old. My attention was
first aroused by a noise like someone walk
ing in the kitchen. The next noise was
that as if someone threw a rock upon the
house roof; next was ike someone threw
| against the house. Then there was a
chicken caught, then we rushed to the east
S1or tho lantern nd 1aroO ou6 ba mont
out We all had gone to bed, but were not
yet asleep, had been in bed about half
hour He went out to see about the chick
ems. Next I heard a gunshot. The last
words l heard him say were: o. my God
1 simply went for Mr.. William Lukenbiu
We came back home and he was dead by
this time. We aroused the other nelghbors
and sent for the coroner. am the wife
of Joseph New"
In answer to questions asked by the
county attorney at the inquest. Mrs. New
said:
when I first heard the noise told him
to listen 10 it and ne laughed at me. AS
soon as the sun fired I went out the south
door and ran 10 Mr.. LukenbiIrs. I was
afraid to go out 10 assist my husband be-
cause my brothers had threatened us both
and I thought had better not go out to
him, 80 ran as fast as could across the
fields. I was barefooted and had on moth
ing but my. nightsown.
My brothers had told me separately
with their own mouths that they would
XII Joe and me when my mother decided
the place 10 me. Ny brother Charles and
my brother William both threatened to
XII Us, and I was so sure they meant
to harm Us that I kept at Joe ID sell out
and move away. Ny brother Lewis always
had a g-udge against Joe since I married
him. I just tell you, hate TO- but I just
thought when Joe was shot that i was
some Of my brothers, for joe was popular
and had no enemies and always got along
and We had no troubles and got along
wen rpgether."
The statement by Mrs. New that hsr
brothers had threatened to XII her hus
hand was sworn 10 by q dozen witnesses
II the trial. II was proved by neisabors
that Mrs. New grew melancholy about
these threats and begged her husband %
sell out and move away. One witness tcs-
ciae5 that one Of Mrs. News brothers said
he would XII Joe Ike q coyote
Waen Ms. New heard The Sunsaot and
the scream of her husband she ran out
ba-esooted and with nothing bus a night
gown on and ran rl.ree-fou-tas of mile
70 TIE acme of the nearest neiSahor. VIII
lam L-ukeabll. ~. Lukea5l,l, in his tss
:im1ny az The triai. said:
DRINK GRAIN-0