The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-10


Governor Felt was dismissed by the
defense on its first challenge, but he
did not feel badly about it. Henry
Cairns, a Dickinson county farmer, fill
ed his chair. He said he had been in
Junction City the day after the crime
was committed, but he had no opinion
concerning it.
Mr.. Myers was the second man ex-
cused by the defense. He had been
marshal of his town and the defense
did not look with favor upon office hold
ers. J. H. Kelsey, a Leavenworth con-
tractor, took his place.
The defense next excused ]. c. Brown
and John c. Schmidt, a butcher of To-
peka, followed. him and proved satls-
factory to both parties.
G. NJ. Ward, who is a real estate man
in Kansas City, Kansas, was next ex-
cused. and again the prejudice of the
dent-Mr. Ward had been deputy post
master, deputy sheriff marshal and
constable His place was taken by c.
f. Shelton
Nemaha- -Brown-DoniDhen district, was
placed in the box to follow Mr.. Hargis.
After the preliminaFy questions Mr..
Lambert asked:
"senator Fulton, have you any con
scientious scruples against inflicting the
death penalty?"
II have" was the reply, and Senator
Fulton felt his scruples were so strong
that he hastily stepped down from the
box.
A smile was visible on the faces of
those who knew the senator, and a
wicked person who is opposed to Leland
and Fulton remarked: That's the
first time I ever suspected Fulton of
having conscientious scruples against
anything, concealed about his person"
George Eagle was excused by the de-
tense, and Frank G. Scott, editor of
the Valley Falls New Era, followed
him. Mr.. Scott was a printer on the
Capital at the time of the crime, and
he was so familiar with it that he was
excused for cause. Another newspaper
man, J. A. Marshall, editor Of the Con-
cordia Daylight, came next, but he too
was excused because he knew enough
of the case to disqualify him.
The jury as accepted stands as fol-
lows:
A w. Banker. of Doniphan county.
F. n. Woodward, Belleville, farmer.
NJ Leach, Thomas county, farmer.
A. B. Simpson, Colby, furniture
dealer.
H. H. Densmore, Junction City
A Huckins, Leavenworth county,
John E. Schmidt, Topeka, butcher.
c. f. Shelton, Doniphan county, far
mer.
Chris Hildebrand. Russell county.
W. NJ. Roberts, Hill City, attorney.
w K. Smith, Colby, farmer.
JURY CAN NOT DISPERSE
It was 5:15 o'clock when the jury was
finally sworn, and Judge Hook immed-
lately adjourned court until this morn
ing, but before doing so ne told the
jury that they would be under the
constant serveillance of the United
States marshal, and would not be al
lowed to go to their homes or hotels
to stay, until after 1re9v returned their
verdict. The judge said they would be
allowed to get such of their belongings
as were necessary, but after that the
marshal would keep them strictly in
his charge.
This is the rule in murder cases in
the federal court, and in that the fed
eral court differs from the state courts.
Marshal Sterne placed the jurors in
charge of Captain B. NJ Curtis as his
deputy and they were taken in a body
to the Copeland hotel, where they will
sleep and take their meals until the
case is submitted to them.
When court convened this morning
Attorney Hagan stated to the court
that two of the witnesses for the de-
fense had refused to pay any attention
to their subpoenaes. They were Mrs.
Carrie Bailey of Washington, D. C.,
and Harry Tibb of Roanoke. Judge
Hook said that the court should have
been informed of the absence of the
witnesses before the jury was impanell-
ed but bv the consent of Mr.. Lambert,
1
witnesses for an explanation. At the
same time Deputy Clerk Holt brought
in a letter from Mr. Tibb, stating that
he had been very sick and was not able
to make the journey.
Assistant United States District At
torney Bone stated the case to the jury
for the prosecution He stated that the
murder was of the most vicious and
| brutal character. On the evening of
November &c, 1897, Leach, the defend
ant, in company with John Riley, John
Yanak, and a. soldier named Queeney,
| drove from Fort Riley to Junction City
in a hack. They got some liquor and
visited questionable resorts. After
wards Leach and Riley got into a fight
] in which Leach cut Riley with a knife.
! Riley went to a saloon known as Had
| dams place, and met Corporal Thomas
| Fennell. Tennell went out and asked
| Leach what he meant by assaulting his
! best friend, and Leach made pass at
! Fennell with his knife. Fennell took the
knife from Leach. All but Leach Went
! out to the fort, and Leach came about
midnight. Leach made threats that he
/ would kill the whole gang. Mr.. Bone
showed a diagram Of the barracks
/ where the artillery soldiers slept, and
! explained that some of the soldiers who
/ slept near Fennen were awakened DUR
! ing the night by sounds as of some one
/ beating something and they saw some
| one leave the barracks. A few minutes
| later Leach was seen going from bunk
| to bunk, lighting matches ana LOOKING
/ at the faces of the sleeperS. Riley was
not in his own bunk, but Leach finally
! found him and struck him over the
| head with the bat. Riley was in the
! hospital several weeks from the effects
of the blow, and Fennell died from his
! injuries.
/ STORY OF THE MURDER.
The first witness on the stand was
J John Yanak, one of the prisoners COM
! panions on the evening preceding the
! crime At that time he was a private
| but now he wears a sergeant's stripes
Yanak said that on the evening before
! the murder he and Privates Leach
Queeney and Riley drove into Junction
City in a hack, went to a drug store
| got two quart bottles of whisky and
| drank part of it.
I'VE then went to a house on Tenth
street, and from there to another or
J Ninth street, and then back to the one
on Tenth street. The boys didn't think
! they had whisky enough and 1 got an