The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-22


the case was called and the plea for
abatement was called up. County At
torney Brumback Immediately made a
motion ohave a clearer plea for abate-
ment and TO have it stated in more GER
tain terms This motion called for the
reading Of the pleas for abatement by
A T. Kramer It was quite lengthy
and denied that There had ever been q
preliminary hearing and that Miss Nor
rison had not been arrested on a warrant
rightfully issued and that she had been
illegally held MI Kramer argued the
matter at quite a length. H. w. Shoe
maker followed for the defense going
over the entire ground ana challenging
any such action on the part Of the
county attorney. After Mr.. Shoemaker
Captain Waters OF Topeka, stated that
Miss Morrison had been arrested on a
warrant; had a preliminary hearing; had
been legally held and that it was Ques-
ton whether she were guilty or not
guilty. "She can say whether she did
that deed or that she didn't She can
say guilty or not guilty and this would
settle that matter This is beyond all
precedents; only half a step has been
taken in this matter and it seems to me
that in this court we are wasting time
in this matter"
Judge Redden replied to CAPTAIN
Waters stating that his argument did
not prove that the mater should not be
argued.
Meanwhile Judge Shunn closely ex-
amined the written plea for abatement
While he was doing this the attorneys for
the defendant held a consultation. Miss
Morrison closely watched the judge and
his expressions while reading the docu-
ment.
DIN CASTLE APPEARS
Shortly after the calling Of the case
Olin Castle, the husband Of the dead
woman. entered the court room and
occupied a corner Of the court room sep
arated 10y a table and a number Of chairs
from the defendant and her attorneys.
He carefully watched the proceeding for
a time and after a glance at the crowd
settled down in his chair and watched
the judge
The conversation was resumed IN the
room while Judge Shlnn read and the
Judge Shunn finally announced that the
motion Of the state for clearer and
more concise presentation Of facts IN the
plea for abatement was ganted. This de-
cision was accepted by Kramer for the
defense. The attorneys for the defense
asked to be excused from the room.
They entered the county clerks Office.
They were followed shortly after by Mr..
Morrison, Miss MorrisOn's father. The
attorneys returned shortly and stated
that they would require some time for
the next step. Judge Shinn requested
that the attorneys for the defense pro
coed as rapidly as possible A short
time after the attorneys for the defense
left the court room, Miss Morrison was
escorted TO her room in the jail 10y her
father. He Immediately Joined the at
torneys for the defense.
At the time Mr.. R. 3. Wiley, father
Of the murdered woman, accompanied by
Mrs. Wiley and party entered the
court room. There was a look Of sad
ness on both faces and especially so on
that Of Mrs. Wiley. They had not for
gotten the affair OF last summer and it
was brought back to their memory by
the re-renewing Of the trial
Mr.. and Mrs Castel were in the court
room entering about the time the Wtleys
did
While the defendants attorneys were
out OF the room. the states attorneys
held consultation around a table at the
side OF the court room. After a brief
talk they retired to the county attorneys
Office to one side Of the court room It
was evident that the attorneys for the de-
Tense had not counted on the ruling Of
the judge When asked by a reporter for
the Eagle Attorney Kramer replied that
he did not then know what would be
done next, whether a motion to quash
would be made or whether some other
action would be taken The attorneys
for the state were fortifying themselves
ia their position, fully determined to
bring the case 70 trial as soon as POS
si3ie. Many women. old and young, oc-
cupled seats in the room. The room held
a larger crowd tina never before I'm its
history snd the feeling which had died
down In the past month was revived with
an of its intensity The conversation
reigned free during the absence Of Judge
Shinn and attorneys and the comments
on the prisoners appearance were many.
All appeared surprised at her notshoBing
more signs Of the wear of the months
OF confinement
party of young ladies' said TO be
close friends Of the defendant. sat on
one side Of the room.
READY FOR THE JURY.
The men summoned for jurors stood In
the court room anxious for the case TO
como on
after having been with the attorneys
for the defense for some time, Mr. Nor
rison entered the court room. A number
of friends gathered around him as he
stod at the stove and shook his hand.
AT 20 o'clock Judge Shinn entered the
court room and getting q number os
papers looked them over. At 19,05 the
court was again called 10 order and the
clerk proceeded to cal the names Il the
jurors. Each man as his name was
called responded and entered the jury box
The men were from different parts 81 the
county and many Of them were prosper
GUS looking farmers Vow and then
Young men appeared bur the Jurors were
mostly middle aged men. After The fsry
box was fled. the men. as Their names
were called. occupied seats ia The froat
Of the court room. Judge sainn asked &c
auy men had served on Che jury du-ing
the past gear. This was answered IN ms
neeatIve The lsaaI exemptions were
read Ger the Information II the jurors.
Miss Morrison SAT- ay an carefully
watched the praceedlnEs with the fury
Several az The twenty msa whose names
were called stated taeir reasons for not
serving On the iury Tne men were ces-
TONED as 60 their inabiitr to attend
-.l--- .na 49, 49,. r--- $500 =