The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-24
POINT FOR DEFENSE
Miss Jessie Morrison May
Get a Re-hearing.
MOTION TO QUASH DENIED
Prisoner Smiles Over the
Prospects of Getting Bail.

The attorneys n the Morrison murder
case at Ell Dorado Won q decided point
in favor Of their client yesterday. Probate
Judge Randall having overruled the mo
ZION to quash the application FOR a writ
OF habeas corpus. The preliminary trial
- Of the prisoner lasted nearly week, wit
ness after witness having given testi-
nony, and unless the attorneys on both
sides can agree to submit the case before
Probate Judge Randall in transcript. the
evidence IN its entirety as was introduced
az the preliminary hearing before jus
tice Allebach VIII necessarily have to be
Introduced when the application for the
writ Of habeas corpus Is heard.
The attorneys feel very 5ubilant over
the verdict rendered by Judge Randall
and say they Will exhaust every effort 70
secure Mss Mgrrison's release. They
have every assurance that Judge Ran
daI, when he hears the application for
a writ Of habeas corpus, viii not remand
the prisoner TO jail without bond While
on the other hand Prosecuting Attorney
BrUmbach says he will put forth every
energy to see that the slayer Of Mrs
DIN Castle is held for murder n the
first degree. While Miss Morrison has a
sympathetic following in Fl Dorado, the
nature Of Judge Raudau's decision IS not
vel received there. although none at
tack his sincerity.
Soon after the habeas corpus. proceed
ings were commenced Prosecuting At
torEey Brumbach filed a motion to quash
the application and it was heard Satur-
day. He deferred rendering decision
until yesterday, when there was a whole
court room Of spectators present 10 hear
IL Everybody nearly expected the mo-
ton would be sustained. but contrary TO
expectation it was overruIed- He set the
hearing Of the habeas corpus for August
u, al which time he viii consider the
testimony and decide whether or not
Mss Morrison is being Illegally restrained
Of her liberty and also whether she Is
entitled to bail The principle point in
Judge Randaus ruling yesterday was
that he ordered that in case the attorneys
On both sides could not agree on the tes-
timony being submitted in transcript that
all the testimony should be orally intro
duced. This means that ali the witnesses
who testified at the preliminary hea ing
will be examined before the probate
Judge There IS no probability that an
agreement can be reached between the
attorneys, as Miss M0rrlson's attorneys
are ager to try the case before other
than justice Of the peace. County At
terney Brumbach viii make the plea that
the case is costing the county too much
money and may succeed in simply sub
hitting the transcripts and arguing the
ease, but this is considered rather doubt
full Judge Randall In his ruling yester-
day also ordered that che defendant pris-
sner remain in custody OF the officers Of
e Dorado pending the hearing % the
case She was previously ordered here
by Justice Auebach and vas expected
Saturday. but the late move on the part
Of the Defendants attorneys prevented
It. She was also scheduled to be brought
here yesterday and would have been
had judge Randall given an adverse ruI-
tag
As the matter stands now Miss Norri-
son viii not be removed TO the Wichita
San at least until after August 10 Her
attorneys and friends feel confident that
the court viii admit her to bail This
case promises 70 excel any other that
has occupied a place in Kansas for years
Already it has outshined the everyday
run OF criminal news in the courts. L
IS believed to be the first instance IN
Kansas where one young woman was
placed or trial for her life for the muir
der Of auothar woman.
The defendant who had appeared
somewhlt dlsconsoiate over being re-
mauied to jail without bail, was more
cheerful yesterday. and when she was
notified that the ruling Of Judge Randall
was in her favor she smiled and con-
graduated her attorneys.