The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-12
YODER GOES
TO THE PEN
FOR LIFE
One of the Butchers of A. J.
Eick Found Guilty.
WAS A FEARFUL MURDER
Head Was Severed From Body
and Thrown Into River.
WAS A FEARFUL MURDER

Oklahoma City, April 1.-THE jury
in the Eick murder case returned a YER
dict today. sentencing w. n. Yoder to life
imprisonment for killing A J. Eick on
August 3, 1850 This ends one chapter OF
the mystery connected with the murder
Of Eick, whose headless body was found
- the North Canadian river south of this
city Both head and body were discov-
cred August T. 1899, by the Ellison broth,
ers, two fishermen. BY means of initials
On the clothing and a partially burned
picture, the corpse was Identified as that
Of Eick. Yoder disappeared and was later
arrested on a charge Of horse stealing.
When closely questioned he implicated
Tom Curtis, Harry Gamble anu VIM.
Jackson. All were arrested but Gamble.
Yoder confessed that he saw Gamble
shoot Eick and shat Curtis used a dirk
knife to behead the victim, himself help
Ing to throw the body into the river. He
afterwards denied making such a state
nent. Witnesses stated on the stand that
such confession was made Eick was
made drunk and then murdered in order
to secure $50 on his person. Curtis and
Jackson are indicted for murder in the
same case.
Judge Burford instructed the jury as
follows.
The distinction between accessory be
fore the fact and a principal ard between
principals in the first and second degree
in cases Of felony where they directly
commit the act constituting the Offense,
or aid and abet IN its commission, though
not present. must be indicted. tried and
punished as principals, and no additional
facts need De alleged in any indictments
against his principals.
ANY one who counsels and advises
with another relative to the commission
OF a crime and advises and assents to its
commission is guilty in law Of aiding and
abetting therein whether present or alb
sent from the place Of its commission;
and one who aids and abets ia the com
mission Of crime under our law must
be Indicted and tried as a principal
'It is incumbent upon the prosecution
to prove every material allegation of the
Indictment as therein charged; nothing
Is to be assumed or taken by implication
against the defendant: the law presumes
him innocent of the crime with which he
is charged until his guilt is proven be-
yond reasonable doubt by competent
evidence. The court further instructs
that if you should md from the evidence
beyond reasonable doubt that Harry
Gamble shot A. J. Eick through the head
and thereby inflicted upon him a mortal
wound from which the said Eick died,
and that Tom Curtis then cut of the head
IF deceased with a knife, and that the
defendant was present and abetting Har-
r. Gamble and Tom Curtis in the COM
mission Of said crime. then it win be your
duty TO return verdict Of guilty of muir
der as charged in the Indictment, re
eardiess Of whether or not parties or any
Of them knew mat said murder should
be committed.
IF YOU ind from the evidence beyond
a reasonable doubt that It was agreed by
and between the defendant and Harry
Gamble and Tom Curtis that they would
rob the said F. J. Eicz and take from him
certain moneys which ne had on his per
son, and that in pursuance Of said agree
ment they caused the said Eick TO go
down TO a point near by the river in com
pany with one OF any Of them, and that
n attempting 10 rob the said Eick the said
Harry Gamble shot the said Eick and
killed him; then All TIE persons who con
spired with said Gamble and aided and
allotted in said robbery, whether present
or absent at the place of homicide, would
be guilty Of mur1er. even though It may
not have been a part of the original