The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-10
MAY BE HANGED.
Trial of Joseph Leach For MUIR
der Commenced.
Penalty For the Crime Is Death
by Hanging.
A GOVERNMENT CASE.
Defendant Was a Soldier at
Fort Riley.
Killed a COmrade With a Base
Ball Bat.
Spanish-Amerlcan War Delayed
Trial For Two Years.
GOVERNMENT CASE.

The trial of Joseph Leach for the kill
ing of Thomas Fennell at Fort Riley in
November, 1897, was begun in the Unit
ed States circuit court Tuesday after
noon. The court room was crowded
when Leach was brought in from the
Shawnee county jail, where he has been
confined for the past two years while
awaiting his trial
The prisoner wore the blue uniform
of the regular army and a regulation
army cap when he was brought into
court. He is still a soldier in the army,
and according to the rules of the army
he must wear a uniform. The uniform
was evidently new one. Leach was
smooth shaVen, and his long black hair
was brushed smoothly down the sides of
his head when he was brought into
the court room by a federal officer and
took his place by the side of the table
nearest the jury box. During the great
e1s part of the afternoon he sat motion
less, with his eyes fixed on the floor ap-
parently taking little interest in the
progress of the trial which may result
in a hangman's moose for him. His eyes
are exceptionally large and round, but
they are set too close together for SYM
metry. He appeared to be little more
than boy-in fact he scarcely looks
his % years.
Immediately behind the prisoner sat
his father, an elderly man of pleasant
appearance, who with his wife has come
to Topeka from Baltimore to free his
boy if possible. Next to the father sat
Mrs. TOlson and Mrs. Walker, two rela-
tives of the prisoner, also from Mary
land. The former was dressed in deep
mourning. Next to Mrs. Walker sat the
mother.
The charge against Leach is murderin
the first degree. 1t is alleged that he
killed Fennell while the latter was
asleep in the barracks at the fort Fen
nell was sergeant, It is said that
while Leach and another soldier were
fighting in Junction City Fennell sep
arated them and ordered them back TO
the fort. The other soldier obeyed, but
Leach did not, as he was drunk at the
time. 1t is claimed that Leach came
back to the fort during the following
night, secured ball bat, hunted up the
bunk where FenneI was sleeping, and
beat him over the head with the club
so severely that he died shortly after
wards It is also claimed that Leach
then hunted up the soidier with whom
he had been fighting, and struck him
on the head with the club, but did not
injure him so severely as he did Fen
nell.
The penalty for murder in the first
degree under the federal laws is DEATH
but by a provision passed by congress
about three years ago the jury is en-
powered to return a verdict of guilty,
without hanging" This would mean life
ton of the jury whether or not the pris-
oner shall be hung if convicted. If
Leach is convicted and the jury fails
to put in the phrase which does away
with the penalty, he will be hung and
it will be the first legal death penalty
ever inflicted in Topeka.
The defense that will be set up is that
Leach is subject to fits of insanity, and
that he was in one of these spells
when he killed Fennell. Witnesses will
testify that his brother committed sui
eide, that two aunts were insane for
years, and that Leach was subject to
these spells when he was a boy back
in Baltimore.
Although the crime was committed
more than two years ago, it has never
been possible to try 1t until now. At
one time it appeared as though the
Spanish-American war had saved
Leach, and that the charge against him
would never come to trial. for the wit
neSseS for the government were scat
tered practically to the uttermost parts
of the earth. On the breaking out of
| hostilities eighteen months ago the
regiments Whic hhad been stationed at
Fort Riley at the time of the crime
were hastened to the front, some to
! Cuba, some to the Philippines, and
some to the different camps of mobil-
/ ization. At the time the court conven-
ed a year ago, when the case should
have been tried, the governments wit
! neSseS were scattered all the way from
! were summoned to Topeka TO the pres
! ent term of court, some of them were
! in MatanZas, Cuba, while others were
| in San Francisco.
In addition to the regular panel
! Judge Hook had ordered a special ven
| ire of 13 addition talesmen in order that
| a jury might be made up for the trial
without great difficulty. This special
venire was made up of the following:
( G. K. AIbee, Silver Lake; John r. Bow
! ersox, Belleville; Bitter Brown, Thomp-
sonville, jefferson county; Reuben
| Usage county; George W. Kissell, Por-
/ tbs, Osborne county; NJ. Low, Solomon;
| W. c. Moore. Junction City; L B. Max
well, Bonner Springs; r. W. Stephen
! son, Alton; W. H. Smith, Colby; A. H
( Wells, Cawker City.
In impanelling the jury the regular
! panel was first exhausted. The follow
! ing were the first placed in the jury
| box: A. W. Banker. of Doniphan coun-
| ty; F. N. Woodward, BelleviIle, Repub-
| lie county: ex-Lieutenant Governor A
: J. Felt. Seneca, Nemaha county; NJ
] Leach, Thomas county; Michael Myers
! Morrill, Brown county; G. NJ. Ward
| Kansas City, Kansas; J. c. Brown
Norton county; A. B. Taylor, Leaven-
worth county; Clyde Miller. Usage
| county: J. Mowers, Shawnee county; H
H. Densmore, Junction City, Geary
| county.
The questioning of Mr. Lambert fol-
| the prosecution was to find cut whether
| or not the juror had heard of and form
/ whether he had any scruples against
! the inffictiOn of the death penalty Wher
{ prescribed by law.
! Captain Waters, for the defense, went
candidate for jury duty had evel
l held anV office in connection with 2