The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-26

| what occurred. The defense spent most
of your and its valuable time irIpeaching
or trying to impeach the testimony OF q
| common prostitute. Inez Miller. Imagine
yourself wiping out filth with fifth and
you nave the facts
I'VE don't deny Flynn was a gambler
| Mr. Eckstein so stated in his opening
| statement, but does that give the right
to you or 10 me the right to take his life.
| 1t was said that the two men met at a
gambling house, a saloon. Was that a
proper place for a respectable man to be,
a place where Balm could hold UP his
hand and say L am above reproach.
| Flynn is gambler, and you must give
myself and family your sympathy Did
he have his family with him? No; it is
only for his own protection that he cares
for his family
.'Then about the gun play at the Royal.
| q presume you all know by this time
what kind of place the Royal Isl what
| induced him, that delicate little gentle
man to hand this little gun over to the
| little Irishman,a Mahoney. He did it SO
! kindly. What was the occasion of his
| pulling any gun. No one has proven
! Flynn had "a gun. Why did he pull out
| this canon of his, who mentioned or tried
/ TO impeach the testimony OF. George John
son, the colored man who testified as to
what occurred in the saloon? The de-
! Tense did not because they could not and
! they were in hopes that you would forget
| it, 1t was shown by him that Kirk
! Johnson and Balm left the saloon first,
and Balm came back and said to Flynn
| come on if you're going Why did
| Flynn make sucIi a statement as III trim
that big - before the night is over?'
Didn't he have plenty of opportunity TO
do so while he had the gun and also be-
fore when they We're coming down in the
cab? And wasn't he foolish to return the
gun to Balm if he were afraid and meant
to do him HARM Why did Balm get
his gun before they went to Inez Miller's?
Was it to protect his money? The money
he lost up stairs in the saloon?
'Barkimer testified that Balm had the
gun in his lap most of the time and when
Flynn came in he reached for ii. Bark
inner and Flynn reached first with his left
hand. then he said he had a cigar in
his left hand Then he said Flynn drew
back as though to hit Balm. But Bark
liici I'LL liOt 3D. Ely I'M tldQ IL x I'LL <1lisi
then ask you il a man like Flynn would
stand up In front of a loaded gun and
say shoot me and if you don't I'll get
you and if you do UlI get you anyway.
Do you think he would have stood quietly
and said this if he had a gun on his
person. IN what kind of witnesses did
the defense produce to make Flynn's char
acter? Were the witnesses produced
above reproach? Because of Flynn being
n gambler should it deprive him OF the
right to live? Because he was fowl
should he be shot down without cause?
Mr.. Comfy also called the attention of
the jury TO the testimony of Edith Por-
ter, who admitted her perjury at the
inquest. He also spoke of Patterson.
who testified TO the character OF Flynn
and of those who afterward disputed his
testimony. He said all the points We're
toward Bain's guilt and he was sure
the jury would see and bring in a YER
dict of guilty.
Attorney George Adams then opened
for the defense. He said in part:
III is not our purpose to appeal to your
prejudice to make you bring / ma verdict
without any regard TO the case, as Mr.
the testimony of the witnesses. except
once to Barkiners. His whole aim
seemed to be that. as there had been
bloodshed, some one must be punished.
An eve for an eve, a tooth for a tooth
He left out whether the shooting was
justifable when the only question to
determine is whether or not it was justi-
fable. am satisfied that the county
attorney relied upon the truth Of Inez
Miller and was misled when he instituted
the prosecution. Mr. Comfy says you
should not consider the testimony, as it
is unworthy of belief. Is the fact that
the murder was committed at place Of
this kind 20 stand in the way of his de-
fense. Although he has been in the sa-
loon business his wife and children have
stood by him for nineteen years and he
has taken care Of them. AZ 10 Flynns
reputation. they did not produce one wit
ness who could give him good reputs-
ton. in this city. For years he was the
consort Of such women as inez Miller
and il is A wonder he ever lived to reach
the age Of 81 years. The testimony shows
he never did an honest days work in
his life. / don't claim that II he was
shot In cold blood Balm should 50 free,
but the character or F1ynn's past shows
him 10 ba dangerous Mr.. Balm thought
he was going 10 KIN him or he would not
have a~ea The thing. gentlemen, Tor
You to consider is whether the killing
was done II self defense or rot That
IS The material question AZ issue. AIr
Conly's argument erdeavored u lead you
away from the material question The
testimony Of Inez Miller was 50 absolute
II impeached that SIR Comfy had n say
You can't believe her.
Something was said OF manufactured
evidence. IL commenced with the frs
statement made b Inez Miller Gentle
men. we believe we have shown b. evs-
dence that Balm killed Flynn in self d,
Tense. II IS the positive duty % any uaa
20 defend himself when in danger. ~
Bain Was
Young James Conly aext presented a.
gumeat for the state
Mr.. Adams has just said that " rely
entirely upon the testimony ef Inez Mi /
Ter he lid this 10 Hsslssd you fnon
the red cause. Thar have bullt their
defense UPON the Impeachment % Inez
Mnlsr's testimony. while they Go not cor
trade; the testimony Of XIX johnson ard 4;
James Bzrkiuner, nor sha; q George J
Jackson bennett IS the only one Eao I
Claims Flynn mad a gun aEavee Beunefr 4
Saw him with ere Bennett hzs gaas
eYe-sIght: he ses1aes. sen wfn remember. /
20 seeing through a piano
Mr.. Coaly also spoke of The dsEerenr /.
qua plays that were made ara dxesz ca /
TIE fact that no gun WAS sen on FiSnH !
Il -. >.sxs 49, sfsA ss~.s--r.~.xr q. IN 4