The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-31

against The defendant but had simply
tried to invoke the laws of the state of
Kansas.
Attorney George Adams then followed
With forty~minute argument for the
defense. He also reviewed the testimony
In the case. He commended that because
two witnesses for the state had testified
TO seeing s. NJ Stevens II front of his
store on the evening of January l did
not establish that fact. 1t was peculiar
that out of the 10000 people living in
Wichita only these two should have seen
Mr.. Stevens on that evening. He also
said that the state had not attempted to
| show any facts concerning the insurance
They did not show that while the stock
| invoiced $500 il was only covered by
$500. He also asked why it was that the
detectives had not been called on TO ties
1 tify, and said that it was because the
jury were not expected to believe the tes-
timony of a detective.
The court tells you that in circum-
stantAl evidence that every circumstance
that forms a link in the chain of evidence
must be proved beyond a oeubt. In other
words, If there is doubt as TO their
truth you can not convict. This is the
law ne ldWIndhciS EOHCitucu lildiA-
years ago that this was dangerous and
they have thrown these safeguards
around this class of evidence"
Mfr. Adams said that because there
mighta be some discrepancies in the tih>t
given by the defense. they had no right
TO convict him upon, such circumstances.
And, gent lemen,s You VIII not allow these
circumstances to stand in the way of your
better judgment and cause you to be mis-
led
Paul Brown then followed with an al
gument for the defense. He claimed that
Miss Hereford states witness. had eX-
planned all the insinuations that had been
made by the state as 10 the velvets, lights
and other things which they claimed
would show you an intention on the part
OF the defendant to burn the store. 1t Is
not thrown on us to prove who did at
tempt to burn the store. but to show that
Mr.. Stevens did not. Any one could have
had a key to that place, because, as far
as we know, there were only two keys
does not signify that there were no more.
l haven't doubt but that it was not
Mr. Stevens that was seen, and | do not
believe there is a doubt in your minds
but what it was not Mr.. Stevens.
The court instructs you that if you
have any reasonable doubt you must not
convict this man.
ION the slender pretense that the state
has put up are We TO take away this
young mans liberty, take him from his
family and career. because of this sus-
picion. 1 leave this with you, gentlemen
knowing that some one among you must
fhiC
mans guilt"
John Adams then spoke for one hour
and a quarter reviewing the evidence
and presenting his argument in behalf of
the defendant. He claimed that the state
had failed to prove the facts made in
his opening statement, and that they had
failed TO show that at any time Mr..
Stevens had key to the store in his pos
session.
THE question for you to decide gentle
men. is whether you intend TO make this
woman sitting here, the wife of a felon.
this child the child of a felon. l think
that some of the ill gotten. poorly pre-
scented evidence of the state was furnished
by no other than Harry Sutton.
Because these two witnesses say they
saw him there is this any proof that he
was there That's their theory for getting
him near the store. They have made no
case Of this at all. they have not proved
he was on the sidewalk in front of that
store. About the only thing the state has
proven is that Mrs. Stevens is the wife
of S. NJ Stevens They claim that he
cause he is the husband of Mrs. Stevens
he set fire to her store. Do you think
this is true
The court wipes this out and says
that because Mr.. Stevens is the husband
of Mrs. Stevens you have no reason to
believe him guilty. You must first find
the circumstances before you convict"
Mr. Eckstein closed for the state.
He said that in this case the state had
tried to present the facts in the case as
they were.
MY brother Adams cast slur at Harry
Sutton who has not been in this court
room since the trial began
He then reviewed the evidence as did
John Adams. answering the statements
of Mr. Adams, who had preceded him.
He sighted two witnesses for the state
who testified to having seen Mr.. Stevens
on the street.
At the close of his argument the case
was given TO the jury.