The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1901-03-22

sheriff was able To get MN only AFTER
repeated trips and considerable
trouble with the governor of Ne
braska. A jury was empannelled at
noon and strong case will be made
against him, his own flight being evil
dence against him.
The case of Katherine Pens against
G. H. Pratt is not for trial this term.
In the suit of Geo. A. Fry against
Alvin Bowman, the defendant was
given three days to file an answer.
The case of r. F.. Fisher against
Wesley Fisher was filed in the district
court Tuesday. 1t is suit over
land title and possession.
WEDNESDAYS PROCEEDINGS
One of the most sensational of the
cases of the present term of court is
the James H. Worley trial for statu-
tory rape, Sadie Malcolm a seventeen
year old girl of LaHarpe being the
prosecuting witness. The girl is the
daughter of a prominent merchant of
LaHarpe and the man was formerly in
business there and married the daugh-
ter of one of the prominent families,
so most of LaHarpe is interested in
the trial and besides some forty wit
nesses there was large crowd of
spectators present.
The State put the girl on the stand
she has her infant in court with her
and she swore unhesitatingly to the
statement that Worley was the father
of the child. 1t was difficult to tell
whether her cool manner was the
natural hardness of character or
simply the petrified agony of an inno-
cent. The sheriff told of his trouble
in getting Morley back here and others
told of the seeming intimacy between
the two.
The defense attempted to show that
Worley was engaged at the time to
the girl he married, that when his
store was closed, he had been trying
to sell out and go on the road, that he
left openly the night after the closing
and went to Galloway, Neb., where he
had relatives and where the sheriff
found him, that he received and sent
letters right along from and to La
Harpe, thus hoping to wipe off the
damning suspicion that he fled.
Numerous women were sworn and
testified that they had known Morley
at Nevada and for ten years his
character had been good. They also
testified that the Malcolm girls
reputation for truth and veracity was
bad, and that she had been talked
about. Most of the women became
angry on cross-examination and made
John Goshorn suffer, and several re-
fused to answer Questions and the
court had to speak to them.
The evidence brought out that one
Percy Graham, was supposed to have
skipped out from LaHarpe before the
trial began because, as he said, he
cleared all the guilt would be heaped
on him."
After the closing Tuesday afternoon
recess was taken until after supper
and then few more witnesses were
put on the stand, and Wednesday
morning the grind resumed. In all the
case called for fifty-two witnesses,
most of them for the defense. The case
hinges on the truth and veracity of the
two chief parties, both having been
sworn to testify and each having
squarely denied what the other said.
All the testimony was in by II
o'clock and hush fell over the crowd
ed court room when the court read the
the admonition to the jury and gave
the lawyers an hour and a half each to
argue.
Within the rail sat the defendant,
his wife and her parents, Mr.. and
Mrs. Eubank. Close by sat Mr.. and
Mrs. Malcolm and the Pre- Scuting
witness, Sadie Malcolm. In the lap Of
Mrs. Malcolm lay the infant over whose
undesired entrance into this world the
trouble arose. The Judge told the
jury the usual rules regarding theil
action, what testimony they should
consider and under what circumstances
they should find for and against de-
PENDANT. The character of the wit
nesses was to be considered. The de-
PENDANT held guiltless until proven
guilty beyond a reasonable doubt, and
the fact that other men might be
equally guilty was no excuse for the
defendant in case the jury found him
guilty.
Then Mr.. Darnell, the uncle of Mrs
Worley, from Lincoln, Neb., who has
been helping conduct the defense
arose. He has good presence, al
excellent voice and his experience as
lawyer and preacher helped him tc
paint the tragedy in colors that moved
some of the jury and all of the womer
| In the house to tears IL WAS n Dlea