The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-15
WILLIAM YODER Is HELD
To Await the Action of the Grand
Jury

!
Jury.
| Guthrie, o. T., July 1.-THE Oklahoman
of Oklahoma City says: The preliminary
examination Of William Yoder, charged
with completely in the murder Of A. ].
Eick4 which was committed near this
city more than a year ago, was COM
! pleted in the probate court yesterday af-
ternoon and the defendant was bound
over without bail to await the action of
the grand jury. Although the attorneys
! for the defense, Paul & Paul, and A. J.
Burnham, made strong fight for their
client, this decision of the court was not
unexpected by those who heard the
trial
The case was resumed in the district
court room yesterday morning at 9
o'clock, and the first witness called was
County Commissioner ]. L. Robertson
Mr.. Robertson testified that Nathan
Nicely had told him that he CNeely) was
out 80 on the case, and asked Robert
son 10 have all the parties accused kept
separated while in the county jail
Jailor Newkirk was the second witness
put on the stand, and his testimony
brougis. on a war of words between the
the defendant, all Of whom were trying
TO make explanations at the same time.
This was all brought about when Mr..
Newkirk testified that the supposed con-
fession Introduced in evidence by the
prosecution, and alleged to have been
made to Mr.. Nicely by the defendant was
not the paper written in his office This
caused a sensation in the court and Mr..
Nicely was recalled to the stand and was
again questioned as to whether the state
ment was written Wi h his own hand and
whether the one introduced was the orig
inal copy. The witness declined to an
swer and a long wrangle among the at
torneyS as to whether or no4 he should
answer the question ensued, and the
court ruled that the question must be an
swered The witness stated that the
statement was not the one written in the
jailer's bedroom on May %, and that the
statement introduced was written by a
woman named Minnie Robinson. The de-
Tense here asked that not only the writ
ten statement, but the entire testimony
Of Nicely be stricken ont, claiming that
he swore positively when the statement
was introduced that it was the original
and thai if a portion of his testimony
was false, the whole was false. The
court overruled this. however, but said
he would protect the defendant in it's APP
pIication.
Miss Tessie Davis was put on the utand
and gave some testimony tending to
strengthen Yoder's alibi, and the defense
rested its case.
County Attorney Taylor went on the
stand to give testimony in the rebuttaI
of Yoder's. He testified positively that
he had never at any time offered Yoder
or anyone else any part OF any reward
or any immunity for testifying In the
Eick case. It was brought out during the
examination of Taylor that Yoder had.
through his attorney ]. L. Brown. Of
cred TO make a statement in the Eick
case If he and his wife were given condi-
tional pardons. Yoder said that he knew
all about the murder but was not impli-
Gated; also knew Of perjury in the Suits
man murder case which was tried here
4 year ago, and would tell what he knew
about both II was understood that the
Information he was 20 give was to be
against Harry Gamble, Tom Curtis. an<
Doc StutsmRn. This scheme with the
consent of Governor Barnes was laid
before Mr.. Taylor and Judge Burweu
but they rejected the plan
A boy named RUFUS Estes was The
last witness 81 the morning. and proved
70 be I good one for the prosecution He /
swore positively that the Trones (
and their hack were az the Yoder barn i
three days Before the killing ard thar he /
had played with their little boy the-a i
Very little testimony was taken after I
dinner. when both sides rested The 4
time for argument was limited 70 forty /
FIVE minutes for each side. as the Judge 4
thought he case had been on long
enough This was 10. satisfactory 20 the i
FOR the defense but the terri .
tory re,inqushed twenty minutes o. SIS
time % the other side. Mr. Paul AMI Mr. 4
Buruham spoke for the defense and they
used al Of the line allotted 20 them. /
Ny. Mitchell aTgged FOR the prosecution.
using fifteen minutes % his time.
At the close ~ tha Arguments Judge
Jones made a short sni thorough re-
sur1e of az the evidence introducef and
stated ira he World Rod the csten6zr. 4
Jym- Tsder without bail. 70 await TIE
lctioa q the grand Jury.
This case Has been ere o. TIE hsrsevt
I7uCht prelinainaries ever tried here. and
TIE prospects are that he exariuassSr
y Curtis sa5 Trone VIII b. equally rs
5ltssr. TIE people have taken a. inter
- f. the case eecauss q TIE a~faI TVS
erscuSness Fhicl has surrounded this
,ri0e for tho FAST gear.
Ire date has rot neen So tor Curtgs
lre IrainzTy. but IT wtlI come % soon