The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-02
HOLLEN GOES FREE.
Further Details of the Trial of the
Newkirk Case

Newkirk, o. T., March 1.-The Socialist
gives the following account of the trial
of Tom Hollen, whose acquittal was an
nounced in yesterdays dispatches:
The court house has been packed to
overfiowing for the past week with men
and women, the attraction being the case
of the Territory VS.. Tom Hollen.
I'm August of last year Mr.. Hollen
shot and killed James Potts in his corn
field. They were contestants for the same
quarter section of land and Potts had
taken a sack and gone into Holen's field
about 4 oclock Sunday morning and was
gathering a sack of corn. HoIlen, who
had been missing corn, was on the watch
and called on Potts TO throw up his hands
and surrender. Potts threw his right
hand behind him as though to draw
gun, when Hollen fired Potts walked
to the fence that divided his part OF the
land from Hollens, where his sister met
him and helped him through the fence
and fell dead.
"Hollen came 10 town and gave him
self up, telling the sheriff what he had
done.
Nothing was done at the time; no COM
plant was made and Hollen was not put
under arrest. The grand jury however.
found true bill of indictment against
him and he was bound over TO this term
of court ia the sum of 5000 which he
readily gave. His attorneys. Hackney,
Lafferty King, have labored industn-
ously in his defense, while the attorneys
for prosecution, County Attorney Moss,
George Mechling and Judge Sam Harris.
have labored just as assiduously to try
the case fairly and bring about a convic-
ton.
Judge Harris made the opening argu-
ment and put In a strong plea for the
dead man and urged upon the jury 10 do
their duty and determine the case upon
the instruction of the court and the evil
dence. and not upon what the attorneys
for the defense would say. He was fol-
lowed by Judge King in a strong argu-
ment for the prisoner at the bar. point
ing out to the jury that the killing wes
perfectly justifable under the law Of self
defense. Mr.. Mechlng followed Mr.. King
and made a forceful plea for conviction.
contending that Hollen had deliberately
killed Potts and that no plea Of self
defense should shelter him from punish
ment for the crime. Mr.. Lafferty followed
3
manner rehearsed the evidence and point
ed out to the jury the weak points in tho
prosecution. and with skill and ability
tore down much OF the argument that
had been presented by the attorneys for
the state Colonel Hackney then ad-
dressed the jury in a speech which. for
cogency OF reasoning. power Of the con-
viction and flights of oratory, was never
before edualed before court in Kay
county The county attorney. Mr.. Moss
closed the argument for the territory in
a mastery speech. going over the whole
ground and pointing out 10 the jury the
Law and the facts in the case. II vas
the speech Of his life ard al no point did
he fail The law and the facts wsTes
treated IN q clear, concise manner which
would have done credit 10 any criminal
lawyer in the territory.
The argument closed at % o'clock last
night and the case was given to the
Jury. who. before , O'Clock. had arrived
at the verdict and retired to bed. This
morning they were called into court and
the sealed verdict was read That we
the Jury. fad the defendant not guilty
as charged in the Indictment Each Jury
man was asked II this was his verde;
and answered that II was. Il was hard
fought case and the defense won. N =
moment all was confusion and cutie a
scene was created around Hoilen when
his family and friends gathered sbosl;
Kim and shovsred their affection anil
congratulztions upon him Mr. Hoien
thea walked out. free man