The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-22
Balm IS HELD
WITHOUT BAIL
Judge Alexander Says Ralph
Balm Must Stav in Jail
HABEAS CORPUS WAS FILED
Large Crowd Attended Pre-
Iiminary Yesterday

After hearing all of the evidence yester-
day in the preliminary trial of Ralph
Balm, charged with the killing of William
Flynn on the 18th day OF this month.
Judge Alexander bound him over to the
district court without bond. half hour
later Bain's attorneys had filed habeas
corpus proceedings in the district court
setting forth that Judge Alexander had
not complied with the law in refusing
TO allow Balm to give bond for his APP
pearance at the next term of the district
court Judge Dale will hear the case
tomorrow. Following is the petition filed
in the habeas corpus case:
in the District Court of Sedgwick Coun-
ty, Kansas.
'In the Matter of the Application Of
Ralph Balm for Writ of Habeas
Corpus.
PETITION.
ITO the District Court of Sedgwick Coun-
ty, Kansas and the Honorable D. NJ
Dale. Judge Thereof:
Your petitioner, Ralph Balm, states
that Henry Shad was at all times here
matter mentioned and is now the duly
elected and qualified and acting sheriff
Of Sedgwick county. Kansas; that your
petitioner is now unlawfully restrained of
his liberty by said Henry Shad, sheriff
as aforesaid, and is now unlawfully in
carcerated by hin in the county Jail of
Sedgwick county, Kansas; that the cause
or pretense of said unlawful restraint,
according TO your petitioners best knowl
edge and belief, is as follows:
THAT on the 18th day of September,
1903, q complaint was fled in writing by
one NJ. NJ. McColister before the city
court Of the city Of Wichita, Sedgwick
county, Kansas, charging your petitioner
with the crime of murder; the charge
being that your petitioner did. on the
18th day of September, 1903, feloniously
kill and murder one William Flynn; that
your petitioner had preliminary hearing
before said city court or this the 21st
day Of September 1903, in which evidence
was introduced by the state, a substan-
tial copy of which is hereunto annexed !
marked Exhibit a. and made a part of !
this petition; that after the hearing of I
said evidence at said preliminary near /.
ing said city court made the finding and .
so announced in open court that in his /
judgment there was reasonable cause for /
believing the defendant guilty of the ,
crime charged in the complaint: and also /
made a further finding from said evidence ]
that the proof was evident and the pre- /
sumption great; that your petitioner was |
guilty of the crime of murder in the first |
degree, and refused to admit your petit
toner to bail, and accordingly issued !
commitment TO the sheriff of Sedgwick |
county. Kansas, commanding him. the .
said sheriff. to hold your petitioner in
the county jail of Sedgwick county. Kan
sas until the next term Of the district
court; a copy Of said commitment is
hereunto annexed. marked Exhibit B. |,
and made a part hereof, that your petit
toner is not guilty of murder in the first
degree or any other crime; that the proof
is not evident. nor the presumption great
that your petitioner is guilty of the crime
of murder in the first degree as charged
in the complaint; that your petitioner is
able to and willing to give any reason
able bond for his appearance at the next
term of the district court to answer the
charge OF murder so alleged as afore-
said; that the commitment marked Elk
hibit b., committing your petitioner to
the jail Of Sedgwick county, Kansas, is
Illegal. and that his Imprisonment in said
county jail is unlawful by reason of the
facts aforesaid.
Wherefore your petitioner prays that
a writ Of habeas corpus be issued by
this court or the Honorable D. NJ. Dale |
Judge thereof. to Henry Shsd, as sheriff
of Sedgwick county. Kansas, command
ing him, the said sheriff, to bring the
body Of your petitioner before this court
of the Honorable D. NJ Dale judge there
of, on the sd day of September, 1903. at
$50 o'clock a. m. of said date. to be dealt
with according TO law.
ADAMS & ADAMS and
IS. B. AMIDON.
Attorneys for Petitioner"
state Of Kansas. Sedgwick County. SIS:
Ralph Balm, of lawful age. being first
duly sworn upon his oath. deposes aud
says that he is the petitioner in the fore
going application for a writ of habeas
corpus: that he has read over the said
petition, and that the facts. statements
averments and allegations therein con-
tanned are true RALPH RAIN
Subscribed an sworn TO before me