The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-26
ADMITTED To BAIL
In Marx Case Judge Dale
Fixes Bond at $4,000.
PRISONERS ARE HAPPY
Precedent of the Supreme
Court Was Followed.

Katie and Mary Mark were brought be-
( fore Judge Dale yesterday on application
! for a writ OF habeas corpus TO have them
I admitted 10 ban. Arguments in the case
were waived and Judge Dale decided TO
admit them to BAN. and fixed the bond at
s4.Oo9 each.
There was good deal Of interest in the
case and when the two women were
brought into cour- a little past I 0 clock
in the afternoon people about the court
house crowded into the district court
room 20 hear and see what would De
done Mrs. Mark and ner daughter Mary
. came in with Sheriff Simmons and took
their places IN the court room. Little
fOur-uOnths-old Mickey lark was sound
asleep n MS mother arms. Mary Mark
looked hopeful and IL was plain 10 be seen
that the two women We're greatly inter
ested in the proceedings and that they
were anxious 70 get out Of jan. County
Attorney Comfy came and he and
George Adams OF counsel for .ne defense,
held short consultation. Judge Dale
took The bench and called the case
Judge Dale did not waste any tins on
sentiment lie simply stated that he
would admit the defendants to bail. He
was simply following the presidents set
by the supreme court 1t seemed to b.
the idea Of the highest court IN tbs
state that people he'll 10 answer 10 the
charge OF murder can be admitted 20 bail
County Attorney Comfy asked that the
bail be fixed az $500. George Adams
pleaded fer a smaller bond. He said these
people would 60 out among their friends
and there was no danger OF l1eir not com
ing into court when they were Gale for.
He believed II would be hard Tor these
women 70 give bond for s-,---. They
might give bond for that amount, but
there would have 10 be Two bonds He
said a less bond would answer the pur-
pose.
Judge Dale then said that the supreme
court had fixed a bona IN a case like this
az 5000 and tuat is what he would fix in
these cases. He said each could give
bond for LAT amount ana let the clerk
and county attorney prove H. A--e attor-
neys IN the room knew at Judge Dale
referred TO the shea case when he men
toned the size of the bond prisoners
were sent back to jail and George Adams
said the bond would be given on Monday.
lie said they did not have time 70 notify
the friends OF the two women and Alr.
MARKS himself was not present at the
hearing.
Judge Dale did not refer to the position
taken by Judge Harvey that he had no
right to fix bond when he bound these
women over TO the district court. Judge
Dale, however. when asked by a reporter
for the Eagle IN regard TO the matter.
said that he had always held that a ustice
OF the peace had no right 20 admit a per-
son TO bail held on the charge Of murder
and that Judge Harvey sat as q justice
f. these preliminary hearings.
Mary Marks ana her mother did not
seem to comprehend the meaning OF what
had been done. but they showed actual
pleasure when George Adams went over
TO them and explained that Judge Dale
had decided that they could give bond and
90 home.
When the application for the writ Of
habeas corpus was fled Mary Marks sign
cd her name, but her mother had to make (
her mark. She could not write her name. I
IL has been claimed by some Of the peo-
pie in the neighborhood where the Mark /
family lived that Katie Mark was not re-
sp0nsibIe for her actions. She Is unedu-
Gated, but there is nothing about her to
indicate that she is Of unsound mind She F.
talks about her home and shows great in +
terest in her family. ard her complaint .
at being kept IN Jail was that her children +
would not be properly cared for in her
absence.