The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-18

g.
that Underhill had never met ST Clair
and Gallagher until the latter two were
arrested.
When Mr. Matson was excused court
took a recess until o'clock.
:. =. AFTERNOON SESSION. :. :. =.
1t was nearly 2:30 when court recon
vened in The afternoon and there was
| hardly any one present except those con-
cerned in the case at bar
Ex-Sheriff Seitz of Mcpherson was
called to the stand in rebuttal nd. de-
scribed the personal appearance of I'm
derhiil. the man now in prison on the
charge of robbing the postoffice
This was the last witness called and
the attorneys for both sides prepared To
argue the case before the jury Consid-
cradle discussion was INDUCED in as TO
the length Of time counsel should have
for argument, and Judge Pollock finally
allowed each side three-quarters of an
hour in which to present the case to the
jury
For the government D. W. Hamer. as
sistant district attorney. addressed the
jury. setting forth the position Of the
prosecution in the case, and, by going
over the testimony in full, attempted TO
show that The defendants We're guilty OF
the crime as charged. Mr.. Hamer was
brief in his remarks, not dwelling for
any length Of time on individual points
but summing up the evidence as a whole.
County Attorney Eckstein addressed
the jury for the defense and went step
by step over the entire testimony of each
witness He explained that the theory
of all prosecution was that d defendant
was always guilty, but that it was the
duty Of the jury 10 determine by the evil
dence whether the defendant was or was
not guilty. and claimed that the evidence
in this case was not of sufficient worth to
be considered as such
Mr.. Eckstein recited in full the virtues
Of the defendants and pointed out that
while this job had been done by expert
cracksmen, according to positive proof,
neither one of the defendants were ever
before accused of being even familiar
with such work. He called attention to
the fact that what little evidence The
government had introduced was purely
circumstantial, and that it proved moth
ing so far tse defendants were concerned.
Mr.. Eckstein finished his argument by
making strong plea TO the jury for &C
quittal
Mr.. Dean, district attorney. followed
Mr. Eckstein with the closing argument
for the prosecution. In a lengthy man
ner he recited the evidence as adduced
and from first to last took up point after
OFT inc 10. chr vii
the guilt of the defendants. While adj
hitting that The evidence was entirely
circumstantial Mr.. Dean contended that
it was Of sufficient character to entitle
the government TO the protection THAI
would be afforded to it by the convic-
ton of both defendants
At exactly 4 o'clock the judge instruct
ed the jury as TO its duty in the case,
adjuriEg them to weigh well the evidence
and to find as best they could either the
guilt or innocence of the defendants. TIL
jury was then directed to their room for
deliberation and a recess was taken for
fifteen minutes.
Shortly before o'clock Judge Pollock
took the bench again to hear arguments
of council in law action, but no dispo
sition was made of the case.
In Adrian s Houck vs.. r. B. Christy
ct al, demurrer was filed
On the law docket the case Of II. J.
Morris vs. the Frisco railroad was
brought up but as neither of the attor-
neys for the plaintiff could be found it
was passed until some future time
in the case of the United States VS..
johnson. the defendant being charged
with not displaying a government license, /
being in the liquor business, the courl
held that the sum Of S25 and costs should
be paid by the defendant.
The jury not being ready with verdict /
the judge announced a recess until 9:SC /
o'clock this morning. having first IN (
structed the United States marshal that Z
in case the jury reached a verdict he was
to be called.
Shortly before : o'clock the jury reach (
ed verdict and Judge Pollock went at
once to the court room. He seemed re- .
licved that the trial was over and that !
be could now finish the call of cases.
The retail and wholesale agency for .
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