The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-15
FAILED TO AGREE
Continued from sixth page.

mind as to Jessie Morrison's guilt or IN
nocenoe. The next ballot we took was
nine for acquittal and three for convic-
ton That time made UP my mind
that she was not guilty and voted so. but
one Of the men VINO had voted for ac-
quittal on the first ballot voted for con
victiOn on the next. This was the way
it went all during the last few days and
finally 1t got so that we did not ballot
at all
THREE FOR CONVICTION.
The three men who were for convfc-
ton were: Joseph Nichols, J. NJ Helms
NJ L Simpson. I think that we could
have changed the vote of all Of the men
out Simpson. He told us that his mind
was made up that the girl was guilty
and he never voted any other way. Hew-
it, Gregory, Litzke, Stewart, Palmer,
Wright, Sharrock Gdggett and myself
voted for acquittal all the time after the
first ballot And that was the way we
would be voting at this time If Judge
Shinn had not dismissed US"
What did you base your opinion on -
well, the state fell down on a number
of things. The attorneys started in to
prove that Jessie Morrison was not called
into that house. They also tried to
prove that she had taken razor to the
Castle house II they had proven beyond
a doubt that she went to that house with
a razor, the result would have been DIFF
ferent. 1t would have been decidedly diff
ferent as far as my vote was concerned"
MRS CASTLES STATEMENT.
How about the dying statement Of
Mrs. CASTER"
1T looked to us that Austin Brumback
had fixed up that statement the way he
pleased IN order to make It stronger for
the state. It was not good evidence in
our opinions. Mrs. Castle was able to
write and 1t was a serious question with
US why she could not have written a dy-
ing statement In her own hand and that
it was not presented in the court we
believed that she had made a statement
before she died. On the night Of July
4th. and that the attorneys preferred to
present the one that Austin Brumback
prepared rather than the original It was
our belief that the statement of Mrs.
Castle as she wrote it. is yet intact Had
that been prepared in her writing. It
would have had a very different effect
among the jurors.
The state tried TO prove by witnesses !
that Jessie Morrison had followed DIN
Castle around and that she had stopped
him on the STREETS at night BY several
witnesses the defense proved that she
had not been in that portion OF the town
on that particular night They also tried
10 prove a number Of things that did not
seem important to US"
TIE PRISONERS TESTIMONY.
"What about Jessie NIorrison's testi- /
monv on the stand?"
I'VE considered what she said very
carefully. The fact that she told such
a straightforward story was very much /
in her favor. il was ali plausible and /
she did not set mixed up about It. on I
The other hand a number Of the witnesses +
for the state. on what we considered as /
vital points were confused and cid not
quite know where they were at.
Mrs. Spangler's testimony was conf1s- (
ing as was some OF the statements o. .
other witnesses. We carefully weighed (
an If these things and the result was .
that we voted as we did"
ABOUT THE STATEMENT.
what was in that statement that you
handed 20 Judge Shinn?
"That was merely the condition OF
things. 3ow we stood. There was no
names mentioned and We thought It ad-
risable at that time 70 tell The court
what our opinions were on the mater.
After We went back into the jury room
we talked over the case. but it did not
,hanse any ones opinion The vote was
.uSt the same and we voted as We had
~ the time"
DIN CASTLES TESTIMONY.
What about Castles testimony
Eve did not think 70 amounted 10
much. lis manner was not convincing.
had ne gone on the stand and answered
some 0 fth0se questions as emphaucaily
rs he should have done, we would have
given that part OF # more weight"
what did The jurors think Of the ar
-uments OF The attorneys
we Thought that they were all able
arguments, bat the fact Of the matter
vas. that we were taking the evidence
4 tte witnesses There was an attempt
~ the way around TO put IN sympathy
nd while st IS a good thing THAT did
lot count for much with Us"