The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-13

J. Jones. E. Davis. r. Rogers, William
! Crawford, c. Means. g. y. Stevens, r
z. Glass, \. NJ. Kitzner. J. B. Taylor
| c. Dold. II. Franck, c. A. Paxson, J. II
! Rice. W. H. Scott, J. T. Holmes. J
! Meyer, NJ. r. Diver, N J. FirTnin, Gus \
/ Miller, a. E. Porter. 0. Martinson. A
| ". Wise. r /. Smith, J. Fry, II. r. Idar-
ris, A. 3. Crawford. J. s. Parrott W
A. Pittinger, II. Pechin, I. Hays, G. A
! Murphy. r D. Watson, ". Rebstein
| II. Courtney A II. Bolte r. B. Duftonr
!. Scheld. s. s. westgate.
When Judge Dale came into court yes
terday morning he found the jurors and
n large number OF attorneys present
When Judge Dale came in DR.. De Ross
! foreman of the jury for the time being,
| introduced Juryman II. Franck, who
said:
Your Honor: Last Friday you notified
! this jury that this week would be the
/ last days. that you would wind up thu
/ business for this term Of court; but. your
viii not 60; they refuse to 60 not until
/ q certain case is disposed Of in this court
which is not on the regular docket. The
! title Of the case is the Jury empanelled
the 9Th CT September in the city Of Wich-
tia, Sedgwick county. 1901, VS.. Your
Honor. the Hon. Judge Dale. And there
are several severe charges against you,
and this jury has selected me TO bring
the charges against you. The first charge
IS this: On one certain day, one after
noon the jury was empanelled and one
OF the jurymen. Mr.. Paxton, was late;
you waited with patience or this clock
I'VE ten. fifteen minutes, and to my
T. - mir
saw the clouds coming up in your face;
YOU showed it; we did rot blame you for
it: until at last the door opened and
Brother Paxton appeared, not with firm
step of youth but bent with age. his hair
gray. and trembling like leaf in a
November storm Your heart got soft.
your heart got touched and all you said
was: Paxton, why have you been late?
He says: T have done the best 1 could
well. see that this never happens again.
Where we expected from you to fine him
So fine and send him 10 the county Jail
for thirty days on bread and water.
And another charge was one Of the
greatest charges against you; one Of
the jurymen asked you TO be excused to
20 home on account Of his family; he
lived in the country. What did you
say to him? You told him TO go home
and attend to the family and do not re-
turn; it viii all be well That IS one Of
the biggest charges against you that
we have Another charge: When one Of
our business men here in this court room
asked 10 be excused from the jury on &C
count of business. if It was in your
mower. YOU granted it with pleasure
And the consequence is that you are
one of the most able judges, not only
on the Sedgwick county bar, but, be-
lieve in our whole glorious state Of
Kansas Your Honor, the jury has refused
Won counsel for defense. and has found
YOU guilty Of all the charges. And now
f. is my duty to sentence you, TO sentence
for a lifetime to receive this picture from
the hands of this jury, not as gift
but as a token Of your kindness and gen.
crosby which you have shown to the
jury May God bless you and all you
undertake in your lifetime until youl
last call comes. where you may appeal
this case to a high court
JUDGE DALE's RESPONSE.
by the Court: Gentlemen Of the jury:
7 cannot let this occasion PASS without
expressing to you my happiest apprecia-
ton Of what you have done in this matter.
7 got word 10 the jury at one time that
I did not expect any presents, I did not
wish any presents from this jury, that
7 thought it was not a good idea to have
the jury make presents to the court. That /
is the only instruction, gentlemen, that
you have refused to obey at this term /
Of court All other instructions you
seem to have obeyed cheerfully; this one
you violated I do not know that 7 could (
punish you in a better way, gentlemen, j
than 10y accepting this kind offer on your I
part When I made this request of the /
jurors. as I have heretofore stated. the +
gentleman informed ne that 1 probably (
was TOO late I did not expect anything
of this character however. and [ want +
10 say to you that it is something that F.
7 viii appreciate perhaps more than any
thing else that YOU could have presented (
to me. ] have realized since l have been
upon the bench that jurors have some .
rights that courts ought 10 respect. That .
they have been paid very poorly in this
state for services that they have TO
perform that they are compelled TO leave
their business or their farms and come in
here and attend TO other peoples business
at a very small remuneration; that after
YOUR expenses are paid, not only your
board bin but other incidentals whicI
men viii as matter Of course, contract
while away from home, IT leaves you
scarcely anything when YOU return &c
your home. Some of you have been here
over two months, one Of the most i'm
D0rtant terms of court that We have had.
some of the hardest cases, not only aris-
Ing in this county. but in other counties.
gentlemen, that We have had TO attend
.o. Sumner county has managed to un-
load onto this county n great deal Of
hard work. You jurors have waded
through two or three cases this term Of
court. she toughest cases have had 10
try since ] have been upon the bench.
Tor six years. They came from another
county. We are I'm hopes that we are
.hroueh with that kind Of business. We
viu have enough hereafter of oar own
rounus work. There is little bit left
from Ninrman county, one other case Vet
from sumner county. and then we are
through with IT, / hope they won't
change judges 50 often in other counties
that They VIII load us mn with work
again. Now. as I said. I have always be-
ieved that jurors We're not paid enough
st1l believe that 7 believe thar jurors
should receive ST least s. per day for
their services. 7 believe that courts can
not be too considerable for the feelings
for the interests of jurors. 1t is mighty
hard work. gentlemen. TO he sent out in
the evening. and remain cooped up there
7I night. perhaps all the next day. per
haps over Sunday. as some of Won were.
Yet ] felt that IT was 20 the interests Of
the county as Wen as the ltigaats to
keep You out. 60 see thar YOU arrived 1T
yer1icts. And. gentlemen. Ivy your