The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-28

court stenographer Of the court, $500
pages OF notebook OF the size common
" used by stenographers was covered
By said evidence
That said September, 1898. term Of
the court ended January T. 1899, and the
January, 1899 term began on January
3. 1899, and said January. 1899, term Of
court ended on April 1, 1893;
That during all OF the September
term. 1898. and said January term, 1899,
the official court stenOgrapher was busy
taking the evidence Of causes being
tried by said court
That during said trial this defendant,
BY his attorneys. duly objected and ex-
cepted to many rulings of the court:
upon the eNamina tfon of the jury on
their voir dire overruliug the challenges
OF this defendant for cause; to the ad-
mission OF evidence which went to the
jury to the rejection of evidence which
said defendant offered and to the Civ
ing OF instructions TO the jury, to refus-
ing to give Instructions TO the jury which
were requested by said defendant; and
TO many other rulings of the court to
which said defendant objected and ex-
cepted at the time py his attorneys
That it was a physical impOssibility
for the official court stenographer or
this defendant to write out the evil
dence SO as 90 prepare bill Of ex-
ceptions showing all of the alleged
errors complained of by defendant
their relationship to the evidence in
trOduced. and the Instructions given
ana EEl USED. from the rendition OF said
verdict on the evening of December "A.
1888. to the close of said September
term, January Z, 1893, that there were
but thirteen iuN days. including two
Sundays, from the rendition of said
verdict to the close of said term as
aforesaid, and it was physical impos-
slbllty for said court SteuOgra pher and
this defendant with all the help they
could possibly procure, to have tran
scribed the testimony taken and re-
fused for a bill Of exceptions showing
all the evidence in said cause before
the close Of said September term. Janu-
airy :, 1899
That during said January term. in
ana about the hearing of the motion for
new trial, there was a large amount
OF evidence taken which would have re-
CURED at least two weeks for said off,
eial court stenographer to transcribe
into a bill of exceptions and it was a
physical impossl lbilfty for said court
stenographer with all the assistance he
could command, OF for this defendant
TO properly prepare a bill of exceptions
including ali the proceedings in said
cause. all the evidence all the obisc-
uOns and exceptions made by the de-
fendant during said trial from the be
ginning. on or before the close of the
January, 1899, term Of s. \ court
This defendant believe at the time.
and now believes and the fore charges
the fact to be. that Blai errors were
committed In the rulings of said court
prejudicial to this defendant, in the
necessary haste and excitement of the
trial; that he desired at the time to
have his entire case reviewed by the
supreme court of the state Of Kansas
and for that purpose made an order to
the court stenographer for him to pre-
pare all the evidence and rulings of tn,
court for complete bill of executions.
which would permit this defendant to
have his entire case with all the errors
complained Of reviewed by the supreme
court and was informed by said official
court stenographer that il was a phys
leal iupossibility for him thus to pre-
pare a Dill of exceptions. or to copy ali
OF said evidence within the time and
FOR this reason alone. because it was q
physical fInpossibility, the defendant
dtd not appeal his case from said dis