The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-05
MODERN SVENGALI.
Judge W. W. Guthrie Accused of
HYpnotizing a Jury.


A suit with a peculiar history was
argued in the supreme court recently,
which had already been in the court
of appeals, but the judges IN that court
could not reach a decision. 1t is a suit
brought by Mrs. Alverda B. Reese
against Wikoff brothers, bankers, in the
Nemaha county district court for the
recovery of $500 which the plaintiff
claims she paid the defendants to apply
on a mortgage, but which the defend
ants claim was paid for the purchase
of drafts to the St. Joseph Loan & Trust
company, a concern which afterwards
failed.
On the first trial of the case the jury
returned a verdict for the plaintiff, but
it was set aside by the court and the
second trial. resulted in a. decision for
the defense. During the second trial
one of the defendants applied an OPP
prObriOuS epithet to J. F. Thompson, at
tOrney for the plaintiff, and Thompson
used a chair on him, with disastrous eff
fectS to the defendants phySiOgnOmy.
The case was carried to the court of
appeals, but as Judge Wells had been
attorney for one of the litigants he did
not sit in the case, and the other two
judges could not agree so the case was
ordered up to the supreme court, where
it has just been argued by w. H.
Thompson for the plaintiff, and Judge
w. W. Guthrie, of Atchison, for the
defense.
one OF the assignments OF error III
the case is that Judge Guthrie appealed
to one of the jurors individually in max
ing his argument, and the attorney for
the plaintiff in his brief gives the fol-
lowing description concerning this ale
cation:
by your leave, I shall now attempt
to draw a picture of a scene which in
my judgment had as great an influence
over the jury, if not more. than any
other one thing that happened during
-s,T
court house standing apart from the
rest of the town, occupying a whole
square by itself in solitary grandeur
as if made of different clay from the
other houses. It was the first month
of spring. The suns warm rays had
burst the icy bonds of winter and the
earth made show of joy. The trees were
growing green, the skies were blue and
the tender grass was springing up with
out annoy. From the window case
ments could be heard the gushing mel
ody of birds and the low, sweet MUIR
muringS of the winds that crept into
the soul like music without words The
judge on the bench sat wrapped in the
solemnity Of his silent but austere dig
nifty. A jury of twelve good and lawful
men arranged in rows of six each. The
tall, commanding form of the eX-altOr-
ney general of the state, the distin-
guished and widely known lawyer and
advocate, one of attorneys for the de-
PENDANT in error, towering above them
like some giant oak, king of the forest
The gentle breeze famed his brow while
his silver locks waved like the plume
of some valiant knight of old, eager for
the fray. Suddenly he raises himself
upon his tiptoes. points his finger at his
old friend, George Root, one of the jur-
ors, whom he addresses by name, and
in a tone of voice like The Chimes of
Normandy, he breaks the cords of 81
lence. Like a SvengaH he hovers over
the jury and holds them with secret
art: now he enfolds them like a tongue
of flame and with the following charm
ing words he leadeth them astray7'
Then follows a long quotation from
the argument of Judge Guthrie, in
which it is claimed that he wrongfully
influenced the jury by matters which
We're not in the evidence.