The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-22
thig Isl day OF september. lsOs.


this list day of September, 1903
GEO A CLARK,
CLERK of the District Court of Sedgwick
County. Kansas"
[SeaLl
Eight a. m was the time set for the
hearing but it was ten minutes to nine
o'clock before county attorney Otto Eek
stein put in his appearance. Adams g.
Adams and s. b. Amidon, the attorneys
for the defense were early on the ground
and they frequently consulted with the
) witnesses who were subpOenaed in the
/ case. The impression prevailed that there
was going to be big legal battle TO
] save the defendant and the seats in the
/ city court room soon began to fill. Quite
/ a number of the young attorneys of the
/ city were present 10 hear the case tried.
| Edward \. Flynn. the father of the
man whom Balm was accused Of killing.
took his place at the able of the county
attorney before the case was called. He
has the appearance of an honest Amcri-
can Irish farmer, which he is. He re-
marked to some of his friends that the
impression had gone out that he sym
pathized with the man who had killed
his son. He said he had never uttered
word to give that sort Of an idea
He said he wanted the case vigorously
prosecuted and he would not consider
himself true father if he did not feel
that way
Ralph Balm, the accused, was brought
TO the court room by Deputy Marshal
Hawk ana he did not take a seat at the
table with his counsel but sat on one
Of the chairs inside the railin set apart
for the witnesses He is a heavy set man
of about 20 pounds weight. dark hair and
blue eyes. He has a high forehead. full
round smooth face that does not indicate
that he ever allowed a wave of trouble
to passo over it The remark was fire.
quent that Bains general appearance
was in his favor. AT one time in the
taking of evidence the question as to the
relative height of Flynn and Balm arose
when he was asked to stand up. He de-
liberately arose and turned his back to
the witness and faced the audience I'M
til one of the attorneys told him that
would do
The cross questions directed to the
witnesses by the attorneys had not gone
very far before those present We're able
TO see the line of defense that they were
going to follow. 1t is evidently that the
shooting is accidental; that Flynn was
the lover of Ines Miller and it was he
who took the party TO her house that
night; that he had revolver in his
possession at the time he was shot and
that the Miller woman secreted it and
took it TO the country so that the attor-
neys could not get it TO use in Bains de-
Tense.
All hree of the attorneys for the de-
Tense asked questions. Mr. Eckstein at
one time objected to this but Withdrew
his objection. His whole effort seemed /
TO he to bring out everything about the
case possible on the preliminary He
frequently told the witnesses to tell every
thing that they knew about the case
and he made strong effort to bring out |
the full conversation of the persons TO
the shooting.
John Mallory was the first witness called /
by the state In answer to questions of (
the county attorney he said in substance: |
I know Ralph Balm. the defendant in I
this case. / knew William Flynn in his /
life time. l saw them together on the 4
fifteenth of this month It was about half I
past nine O'Clock at night. They were /
in the Royal saloon at the time. I was
in there only about fifteen or twenty 4
minutes. l saw Mr.. Balm. Flynn, Kirk /
johnson and several others, l cannot now /
tell who they were. Ed WoodCock was /
tendin bar at the time. Flynn was stand +
ing at the bar and he asked me to take /
c,nrti,,,,o1 -, 80. -.