The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1902-07-25
SCHELL UP FOR TRIAL
Case IN District Court for Kill
inc Vim. H. Frazer.
TWO DAYS IN GETTING Jury
FROM rs MEN.
Court ImPeded by Serious Illness Of Ju-
ryman HOIIenbeek's Wife-OPening
Statement of Prosecution
Scenes in Court.

Y Il q
locomotive fireman, on the evening Of
March Is last, II. n. Schell is being tried
before the district court upon the charge
Of murder. The details of the affair were
told in this paper at the time.
For the state of Kansas have appeared
County Attorney Hoyt Andrews and L.
W. Colby, an eminent attorney of Bea-
trice, Neb., and for the defendant Attor-
ney E F. Murphy, of Goodland, and Joe
Waters, noted criminal lawyer, of To
peka.
Neither side is leaving a stone IN
turned, and reflection upon the extreme
cautiOusness manifested by both prose
cution and defense in agreeing upon
jury makes one believe that the ground
circumscribed within the limits of this
case will be contested inch by inch.
Hard TO Get a Jury.
Apprehending that it would be diff
cult to get u men who had not already
formed an unalterabIe opinion concern
ing the tragedy, 80 men were summoned
to meet the requirements But the 50
have already been driven through the
mill by the breeze of voIuble examina-
ton like chat before the wind.
On account of exhaustiDg the list of
iurymen as early as 2:3O Tuesday, the
first day, court adjourned until $50
o'clock Wednesday morning. In the
meantime new panel of 80 men were
drawn and hurried messengers sent
abroad to summon them TO court.
When Wednesday morning came about
p out OF the 80 men summoned appeared
and they, metaphorically, were elected
before the hands on the clock told the
eleventh hour. The wheels Of progress
were again on a dead point, and the
messengers Of Sheriff Walker were again
sent over the county with the wings Of
Hermes to their ankles. At about three
o'clock court again convened with some
material for grist.
Arrival of farmers from different parts
of the county enabled the case to pro-
coed so that before the regular time for
adjournment on Wednesday afternoon a
jury Of u was finally agreed upon by
both sides, not, however, until more than
lis men were brought for examination.
The Jury.
The jury are: E. r. Andrews, R. E,
Hall, r. L. Peters, John Gernhart, J. ".
Grouse, George Painter, A. S. GaffOrd,
Joseph Henson, L. Hollenbeck, James
Haney, J. S. Williams and H. n. Sher-
rod.
Circumstances of the Shooting.
The cause which led up to the shoot
ing was that Frazer was in an intOxi-
Gated condition and was creating distur-
bance alc7g the street. City Marshal
Schen ordered him to cease his demon
STATIONS and move on. This exasperated
Frazer and ne attacked Schell with his
fists, when the latter drew a revolver and
put a shot close by Frazer's heart. He
staggered to the walk and expired in
stantly. The verdict Of the cOroner't
jury affirmed that the shooting of Frazer
was uDjustiiable, as the marshal made
no attempt to arrest. W. p. Roach
an intimate friend of Frazer, was tb,
complaining witness in the warrant upoI
which Schell was arrested for murder
Schell was confined in the county iai
for week before he could secure bail.
Opening Statement of the Prosecution.
Thursday morning at S:15 the jur
took their seats behind the chancel raj
the opening scene to the trial of til
Schell case.
The statement Of the case was frs
presented by Hoyt Andrews, attorne
for the state.
At this point in the proceedings, an
before the statement of the case by Al
torney Andrews was made, AttOrne
Waters suggested to the court that a
witnesses present, whether for the pros
ecution-or defense, be excused from tn
court room during the introduction
evidence. The judge acted on the sugge
ton, and IN his remarks requested tia
all persons present summoned as specii
jurors should also retire from the cOul
room, as exigencies might yet arise thu
would give cause for the selecting Of
a new jury. The exit following th
order thinned out the audience percep
bly,, but the interest taken 10 the tri
ust beginning soon caused the seats
be filed again.
The statement of the information CO
corning the murder charged was read
the jury after which the prosecutil
attorney said that the prosecution e
pected to prove that on the 18th day
March, 1902, at about o'clock, in c
evening, William H, Frazer was kill
by 81. N Schell; that the quarrel
tween Frazer and TippiRs in front