The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-27
JURY IN Balm
CASE STILL OUT
No Decision Had Been Reach
ed at IL O'Clock
WERE THEN OUT II HOURS
Outcome Will Be Announced
{ This Morning.
WERE THEN OUT II HOURS

At u o clock last night no verdict had
been reached by the jury in the Balm
case
Under instructions of Judge Wilson.
the jury had until u O'Clock last night to
bring in their decision and if not reached
by that time no verdict should be brought
in until the opening of court this morning
at o'clock.
At 1z:30 o'clock yesterday afternoon, at
the conclusion of the states argument
by Attorney Otto G.. Eckstein, the case
was given to the jury and Bailiff Douglas
: Dcnnelly was sworn. There is much spec
ilation as to what will be the nature Of
: the verdict. Although it is or rather,
2 seems to be, the opinion of the majority
that the result viii be hung jury.
AT the opening OF court yesterday MORN
ing the room was filed with people who
had come for the purpose of hearing
the final arguments in the case.
During the morning Mrs. Balm was pres
ent and sat at the left of her husband.
who evinced deep interest in the argu-
ments both for and against him.
The twelve jurors, upon whose decision
the question of Ralph Bains liberty de-
ponds. are: ]. c. Winters. Frank Mitch
ell, ID. w. Carrothers, c. j. Daugherty
William Dow, l. I. Ault, J. o. Gilbert.
Fred L. Bell. j. H. Rhodes Hubert
Childe, Oscar Ward and William Banks.
Attorney S. 3. Amidon made the closing
argument for the defense yesterday morn
ing in the Balm trial He spoke for one
and quarter hours and presented one of
the ablest arguments that was given,
and with eloquence that held the closest
attention. His argument was strong and
upon the plea of self defense. He spoke
Of the character of Flynn, saying that
he thought it had been proven beyond
any reasonable doubt that he was a most
quarrelsome and very dangerous man.
He also said that he thought it had been
conclusively shown that Balm had every
reason to be afraid of him and also To
shink, when Flynn stood over him call
ing him such vile names and drawing
back his arm as though to get a pistol
from his pocket that he intended TO in
lict bodily harm and that Balm was jus
titled in defending himself as he did.
That according to the instructions of
the court issued to the jury, he was
justified and had a right to defend him
self IL he had reason to believe that Flynn
intended to do him great bodily harm;
and that, whether Flynn had gun or
not he had every appearance that he
was about to make an assault upon the
person of the defendant, who, in the fear
of great bodily harm, fired the fatal
shot. He said that he considered that
fshe testimony had shown beyond a doubt
tshat Flynn did have a gun, and # such
was the case. he was making a great
effort to obtain it when the shot was
! fired.
Mr. Amidon also condemned what he
)termed as Mr. Conly's venomous attack
upon the character of Balm and the ridi-
cule he attempted to bring on him. He
aaso carefully reviewed the testimony of
the case and incidentally paid a glowing
tribute to the faithfulness shown by Mrs.
balm I'm standing by her. husband through
out his trouble.
In conclusion, Mr.. Amidon said to the
Jury that if they could not return YER
dict of guilty of murder in the first de-
gree, it WAS their duty to return a YER
j, diet for the acquittaf of the defense.
During the short recess following Mr..
.midons argument his friends pressed
forward TO offer their congratulations.
The county attorney. Q. q. Eckstein,
then arose and for an hour and forty
FIVE minutes presented his closing argu-
ment with eloquence and faultlessly
chosen English Throughout his argu-
ment he was given the close attention
of the entire audience that crowded the
court room.
"Gentlemen of the Jury: l congratulate
myself that the responsibility that has
rested upon my shoulders will soon be
shifted TO you. This defendant has been
ably represented, ADLER counsel never APP
peared at the side of an accused in a
criminal case in the state Of Kansas. Mr..
! Amidon with his ingenuity. Mr.. Adams
with his logic and Judge Wall with his
eloquence makes the burden doubly hard
upon the representatives OF the state
Il desire for myself first TO refer To an
inuendo that has been thrown in this case.
made that one of the witnesses claimed
that she was going 10 my Office for the
purpose of rehearsing her testimony and
that the county attorney would protect
her from perjury l ahsolve my brothers
OF the defense from any intention to do
me an Injustice. because / cannot con-
ceive, gentlemen. that there is a person
within the sound of my voice who be-
lfeves but that such a statement is abso-
!. ,nteiy false.
1T is.snot within the province OF the