The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-23
INDICTMENT
STANDS IN
SHARP CASE
Trial Begun at Perry Yester
terday Morning.
FULL EVIDENCE GIVEN
Upon Which Court Decided
SuflCiency of Indictment

Perry. o. T. May 22.-Judge Burwell
mas sustained the Indictment in the case
Of the United States against Asa Sharp
and the case was put on trial this morn
ing
Perry, o. T. May 22-The Sharp
bribery case occupied the entire day Of
the court here yesterday. The defense
continued the same line as the previous
say and attacked the suHieiency Of the
grounds for the return Of the indictment.
Court officials were sworn and record
made as To the exact manner the grand
Jury that returned the indictment, was
snpanelled. the reasons given for the
sxcusing Of certain grand jurors, and.the
minutes of the CLERKS journal in reference
to the same.
When this had been completed evidence
Was offered to prove that there was no
legal or competent evidence offered be-
fore the grand jury to show that Sharp
had received the 81 800 from the agent Of
Witherspoon and Smith to influence his
action in leasing the Ponca, Otoe and
Missouri pastures.
Special Agent J. z. jenkins. who
worked up the case. was the first wit
ness called
state 10 the court what you testified
before The grand jury relative to Sharp
receiving $3.50 from the agent Of Wither-
spoon & Smith to secure favorable action
on his part on the leases for the pasture
lands referred TO-
Il swore to the manner Of obtaining
aaldavits sustaining this charge"
Did you have personal knowledge Of
the transaction
Il did not"
Then your knowledge Of the trans
action IS confined wholly to the afidavits
you obtained2'
.'It is"
Have you the afhdavits?"
Il have not"
DO you know where they are?"
81 suppose the court has them"
'-Wn you produce them?"
over the objection Of the United States
attorney udge Burweu ordered the aft
davits before the court for him to pass
upon The examination then continued.
Were the afldavits obtained 10y you2"
"They were"
'Was Mr.. Sharp present."
"TIe was not"
Were you acting as United States at
toTney. or assistant United States attor-
ney at the timer"
II was not"
Were these andavits taken before a
United States commissioner or United
States judge?"
They were not"
Here the court took an adjournment
until 1850
after assembling in the afternoon the
examination Of Mr.. enkins was concluded
as follows;
do you know where the agent Of
Witherspoon and Smith lived during De
eember, 1902
II did not"
Did you not know that he lived at
Guthre?'
Il supposed he lived there"
DO YOU know where J. H. Morris lived
during 1902"
NO. SIR"
At this point It wa Submitted that the
agent OF Witherspoon and Smith was
not before the grand jury.
Frank Smith was next called:
DO YOU remember what your testi-
mony was before the grand jury in this
case2"
Il do not in fun"
''Ehat was, in your remembrance, your
testimony"
I only said he was reported as hav-
Ing received $500"
Did yeu state from your own personal
knowledge that sharp had received this
moncy2"
II stated that he told me that he had
received this 1850"
Did YOU state that he said that ne
had received this SI,5o0 to influence his
hction in regard to these leases from your
Rgent2"
Il did not say from whom ne received
the money"
Did you say anything more to the
grand jury in regard to Ibis hrst indict-
ment2'