The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-26
blIN CASE WILL 60
TO THE JURY TODAY
Two More Arguments Remain
TO Be Made.
TESTIMONY is ALL GIVEN
Amidon and Eckstein to Deliver
Closing Speeches.

After the conclusion of the states argu-
ment by O. G.. Eckstein, this morning
the hard-fought Balm case will go to the
Jury. 1t is a matter of much specula-
ton by the crowds who nave attended
the trial as to just what the verdict will
be-
Although yesterday morning was in
tensely cold and the mercury lowered
near the zero point, the court room was
again filed with the curious.
During the morning the state put on
their rebuttal evidence, after which the
state and the defense rested and the case
was ready for argument.
At 100 in the afternoon the state opened
the argument. The time allotted for each
is as follows: Opening for state, one
hour; opening for defense, ond and half
hours; state, one hour; defense. two
hours; defense, one and a half hours;
state, one and a half hours.
James Comfy opened for the state and
was followed by George Adams for the
defense.
James Comfy then argued for the state,
and was followed by Judge Wall for the
defense.
S. B. Amidon will give the opening ar
gument this morning, ard Otto G. Eek
stein VII conclude. after which the case
will be ready for the jury.
During the morning Mrs. Balm was
called TO the stand, and she testified as to
the conversation Mr.. Balm had on his ar
rest
Peter Swingle was the first witness
called by defense
Il knew William Flynn about a wear
His reputation was bad and his charac-
ter quarrelsome and dangerous"
Cross examined by Eckstein:
Where did you know hm?''
"Herron's saloon. L run a lunch coun.
: tor at that place. 1 have lived here since |
last January
Roy Sickle was next called
Il live in the city and knew William |
Flynn two years. He had the reputa- |
tion of being very quarrelsome and dam |
Gerous.'
Did he usually carry a gun?"
81 could not say
Cross examined:
What is your occupation?'
Clerk
"Where?''
AT lo4 West Douglas"
"What is that place.
Saloon. I work upstairs
Are you a gambler
II refuse TO answer the question"
There is a gambling house I'D there?''
Il guess that is what it is commonly
sailed"
You stay there all the time?''
Yes 'sirs a. - 49, r 1s-r.7~s :
Then the only place you've heard
him discussed is at that place?''
yes, sir
Mrs Balm was the next witness called.
How hong have you been married."
Nineteen years
Il wa at home the night of his arrest"
did you hear the conversation be-
tween MIR. Balm and the officers?"
Yes, sir; 1 certainly did"
did he say to Officer Crawford: This
means a term in the coal mines?' 3"
mo. sir; he did not
did he ask them for chance to get
away?"
mo. sir; only to get bond He said:
Boys will yo ugive me a chance to get
bond?."
The defense then rested
William Flynn. father of the murdered
man. was then called.
did you hear the testimony of II f.
Patterson?
'.Yes, sir
s'Nhere did you live In 1882"
ashland. Kansas"
Where was VIII Flynn at that timer
81 sent him down to Chapman's ranch.
Cherokee Strip. in the spring. about the
1rst of April.
Were you at the opening of the Strip"
''Yes. sir
Where did you go TOP
''ro Kingtisher?"
Ibid you see VIII there?'
''Yes, sir"
'where did you live for the next two
sears?"
''Kingfisher"
WAS VIII with you all that timer"
yes sir
"What was your business"
II was looking after some lots | had
there
What time did he leave you7r
II went a farm in 81 and he STAYED
N Kingfisher'' s
Was win married."
Eyes. sir
did they live at Guthrie" I
Eyes, sir
Cross examined by Amidon:
did you go to Kingfisher to the open- {
hg?''