Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1903-10-21
District Court.

The first trial for the October term
OF court was that of the state vs.. John
Tyree, charged with committing rape
on the person of Mary Graham, his
wife's sister. It was on Thursday. A.
l.. Noble and j. N. Tlncher prosecuted.
Samuel Grimm and Seward 1. Field de-
Tended. He was found guilty by the
following jury:
u Il McCracken G T Evans
M A Davis IL Marshall
Henry Warnstaff Olaf Olson
A u Baldwin II S Gresham
&c Colborn EFT Mcmillan
j l. Albright So Cole
Probably the most interesting feat.
ure OF the trial was the question of per-
Sonal feeling between the county attor-
ney and the defendant. The evidence
disclosed the fact that they were school
boys together back in old" MizOury" and
that the sun scarcely ever shone on a
day that they did not have a fight. It
was agreed that Mr.. Tyree wore the
belt on every occasion except one. In
that instance Mr.. Tincher insists that
ne won out but he is willing to admit
that it was more on account Of Tyree's
unfortunate predicament on that oc-
casion than his own physical powers
According to Mr.. Tincher's story the
battle was fought soon after Missouri
orchard had been invaded and Tyree
was burdened with more than a conven-
lent number Of red apples, which did
not only affect the inner man but added
to the weight Of his wearing apparel as
we'll. In this way he was handicapped.
The case as it applied strictly to the
onenSe was up to the average for i'm.
morality and debauchery. The evi.
dOnc0 would not lead anyone into the
belief that any member of the family
Vas entirely blameless and that some
OF them were equally as had as John
Tyree. Mr.. and Mrs. Graham, the par
ontS Of Mary Graham and Mrs. Tyree,
were not present at the trial, and 30 far
AS is known have left the country. Ty.
rec was not prosecuted on their demand
nor on the girls. They were seeming.
y satisfied with what had been going
on.
The trial threw no new light on the
disappearance Of the child to which the
girl gave birth. That incident still re-
mains . matter of conjecture. The
rape was committed in barn near Pix.
ley some time last November, Decem.
bOr or January-the time was not def
nitely fixed.
Under the indeterminate sentence
law passed by the last legislature the
court does not fix the term of a prison
Or In tho ponitentiary except in cases
Of murder or attempt to murder. That
10 now the duty of the penitentiary
board, hence the board of directors OF
the p0nitentiary will fix Mr.. Tyree'a
term. However, it cannot be less than
i've years nor more than twenty. one.
Under the law the judge and the county
attorney flle q report with the board
which reciteS the prisoners LIES rec.
ord. his character and his tendencies
and the board uses the report in theiE
deliberations.
Mr.. Tyree has wife and . baby q
few months old. Her condition is in.
deed pitiable and an object Of charity.
The whole affair was very unfortunate
and very expensive for Barber county
and 1t 10 hoped that there will be no
more like It.
The case Of the State vs. Walter Mad.
dOx who was charged with assault with
intent to kill. was tried on Friday and
saturday. The jury failed to agree
and were discharged on Sunday morn.
Ing after having been out all night.
When Judge Gillett discharged them
seven were for conviction for assault
and battery and Eve favored conviction
for assault with intent to do great bod.
lly harm. None favored conviction on
the first count of assault with Intent to
kill. On the first ballot, two favored
acQuittal ON all counts.
This 10 the case which comes from
Cedar township. The trouble occurred
In July. Il. q. Bridge is the prosecut.
ing witness. He and MIR. Maddox are
neighbors. There was . food about
che time Of the fuss and in it some Of
Maddox's wheat was carried into
Bridges pasture. Bridge had heard
that Maddox accused him OF stealing
the wheat and this started the trouble.
What followed is not agreed upon By
the parties but anyway in the fracas