The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-25
PETITION IS FILED
HabeaS Corpus Proceeding
Begun in Marx Case,
READY TO GIVE BOND
Hearing viii be in District
Court Today,

Habeas corpus proceedings were com
menced last night IN the district court By
lawyers. Adams & Adams in behalf OF
Mrs Kate Mark and her daughter, Miss
Mary Mark Tor the purpose Of getting
them out Of Jan On bond Judge Dale
heard the application last evening and is
sued his order for sherin Simmons TO
bring the two women into his court at 1
o'clock today at which time the case VIII
be heard.
It seemed to be the impression among
the attorneys that Judge Dale would
grant the Injunction and admit the par
ties to bail This conclusion was not
reached because County Attorney Comfy
had not made a pretty. strong case before
Judge Harvey in the preliminary hear
Ing It was claimed that If Judge Dale
granted the application TO admit the par
ties 10 ban it would be because the little
children Of Kate Marks appealed strongly
70 his sympathies. OF course, there is
40 telling how Judge Dale would look
at the matter and those -who were ex-
pressing opinions in regard to the result
were merely guessing. Following is the
application fled by adams d Adams:
In the district court o. Sedgwick coun-
ty. Kansas.
IN the matter of the application OF
Kate Mark for writ Of habeas corpus
Fetition-The plaintiff states that she is
now unlawfuIv restrained OF her liberty
By C. y. Simmons, sheriff OF Sedgwick
count. Kansas. and now is incarcerated
fr he 0rrr~-r- rrfr s~ 4-. -f--- rr-+-.t--
Sedgwick county. Kansas; that the cause
OF pretense OF such unlawful restraint ac-
cording TO atlantis best knowledge and
belief is as follows. That on the 18th
day Of May. 1901. a complaint in writing
was fled IA the city court Of the city Of
Wichita. Scdswick county. Kansas. charg- 1
ing your petitioner with the crime Of
murder; that your petitioner had a pre-
liminary hearing before said city. court on
the Ord Of May. IS, az which time OF
examination. evidence was introduced by
the state and also by your petitioner.
All Of the evidence that was introduced
On said preliminary hearing is hereunto
annexed. marked exhibit A, and made /
apart Of this petition. That after hear :
Ing said evidence, said city court made its I
finding 20 the effect that there was no /
that the crime Of murder had been com
mitted; and that the proof OF guilt was 4
evident and that the presumption OF guilt /
of your petitioner was great
Your petitioner further alleges that the 4
said findings OF the said city court are
contrary to law and are contrary to the
evidence introduced at the hearing Of the
said cause; that at the conclusion Of said
preliminary hearing said city court made
and issued an order of commitment. com
hitting your petitioner to the county jail
Of Sedgwicl1 county. Kansas. without
bond and ordering your petitioner 70 De
held in said Jail until the next term of
The district court TO be begun ana held
Ia Sedgwick county, Kansas. a COPY az
said commitment is hereinto annexed.
marked exhibit "B-' and made a part
hereof
Your petitioner further alleges that she
Is not guilty Of the crime Of murder, that
the proof introduced az said preliminary
hearing WAS not such as 70 make her
guilt evident. nor presumption Of her
sit great; that your petitioner believes
.hat she IS able and Is willing to give
any reasonable bond for her appearance
at the next term of said district court
10 answer the charge Of murder made
against her as aforesaid; that the findings
and proceedings Of said city court includ-
ng commitment Of your petitioner TO the
county Jail Of said county is unlawful and
Illegal by reason Of the facts stated here
b.
Wherefore. afiant prays that a writ ]
IF habeas corpus Issue 10 C. YV. Simmons. (
sheriff Of Sedgwick county. Kansas. com ]
handing him. the said sheriff O. cause &
-our petitioner TO De brought before this :
honorable court TO be dealt with accord J
ng 70 law and for an order Of this court
permitting your petitioner TO give bail q
or her appearance at the next term If
his court In such amount as this court :
nay deem reasonable and just