The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-07-14
JOHN ANDERSON ACQUITTED

|
A spirit Of friendIiness toward the
prisoner was manifest on the part OF
| the colOred witnesses. 1t was plain
Z that they did not like Hill, and that
I they did ike Anderson They fnvari-
| ably referred to the prisoner by his
nickname, Happy" A more wretch
ed looking creature than this same
Happy" probably never cringed and
trembIed before a court If he had
ever been anything but miserable, he
showed no trace Of it during his trial
The court instructed the jury that
the charge Of murder in the first de-
gree included a charge Of murder in
the second degree and Of the various
degrees Of manslaughter. The in
stTuctiOns defined each degree. and
explained the theory Of tustihable
homicide, especially the law of self
defense.
Mr.. Hamilton, for the prosecution,
summed up the evidence, and claim
ed that the state had proved all that
was necessary for a conviction He
did not insist upon a conviction upon
the charge Of murder in the first de-
gree, but thought that justice would
not be done Of the prisoner were ac-
quilted altogether.
The first argument for the prOsecU-
ton was made by Attorney Hartzler,
who told the story Of the killing from
the standpoint Of the defense. He
described in detail the assault made
upon Anderson by Hill, exhibiting to
the jury the knife found in the dead
mans pocket Anderson, a small,
timid man, weak both in body and in
mind, but Of a cheerful disposition,
was sitting on the floor, and without
the least thought Of harm to anyone
on earth, was singing to himself Hill,
a big, burly, dangerous looking negro,
made for him with an open knife.
Anderson, so frightened that he was
beside himself, picked up the only
weapon at hand, an ak, and, Obeying
the instinct Of self preservation,
struck his asSailant down He was
justified. Such was the attorneys
view Of the case. The speech was a
strong one, and undoubtedly had its
weight with the jury
The next argument was made by
Mr.. Jones for the defense. He began
his speech Immediately upon the con-
vening Of court Friday afternoon. The
court room was filed with spectators.
Mr. Jones began by defending his
race from an unjust prejudice, and
asking only for justice to the prison
er. He claimed that, If guilty at all,
his client was guilty as charged, and
not OF a less degree OF crime. He
quoted passages Of scripture, more or
less applicable to the case, and cited
book, chapter and verse, thus show
ing either his own familiarity with
the Bible, or his consciousness Of his
hearers Unfamiliarity. In glowing
words he described the scene at the
final judgment bar, where would be
grouped the members Of the jury, the
prisoner at the bar, and the prison
er's mother and sister. The three
last mentioned would appear as ac-
cusing witnesses against the jury, in
case they gave the prisoner the worst
Of it on this present occasion Judge
Smith would be there, too, but in case
Of any attempt to make things IN
pleasant for him, the judge could
submit the instructions filed in the
case and thus throw the whole blame
upon the jury. The latter part Of the
speech was an appeal for sympathy
and mercy. The appeal seemed to
be successful, and when the lawyer
spoke Of the prisoners old mother,
waiting anxiOusly at home for news
Of the trial. there was probably no
one in the court room altogether IN
moved.
County Attorney Calvert closed for
the prosecution, speaking briefly. He
claimed that the state had success
fully proved every element Of the
crime Of murder, at least in the sec
Ond degree, and that the claim Of self
defense was not supported by the
evidence
The case was given to the jury, and
the regular grind Of tax deed and
foreclosure cases was taken up. The
spectators waited awhile, thinking
the jury would soon return a YER
dict. Opinions varied as to what the
verdict would be. When night came,
and the jury was still out, the general
opinion was that there would be a
disagreement Early Saturday after
noon the jury came into court and
the foreman announced that they had
agreed upon a verdict There were
only two or three spectators present
in the court room when the verdict
was returned. The court read it, the
prisoner listening eagerly. It declar-
ed him not guilty OF any OIense
charged.
During their deliberations, the jury
returned to the court room where
some Of them expressed doubt as to
their being able to arrive at any YER
diet, and asked the court for further
instructions, which were given. The
rumor is that the jury stood, up to
the last ballot, eleven for acquittal to
one for conviction.
In the cases brought to quiet title
TO real estate, the judgment OF the
court was generally that the tax
deeds issued did not convey title, but
created a valid lien upon the land in
question.
The damage suits brought against
Chauncey Dewey and others BY men,
bers OF the Berry family, for the kill
ing Of Daniel P, Burchard B. and Al
pheus W Berry, and the wOunding
CT William Roy Berry, were cOntinu-
ed BY arrangement until July IS.
when court will convene again FOR
the purpose OF dispOsing OF questions
arising in these cases The cases may
be settled by agreement
Two cases growing out Of the burn
I ing OF the Commercial hotel were m
ally settled. The ] W jenkins Sons
Music cOmpany's claim against the
| Judgment in favor OF Reta Farley
! against the insurance company, and
A p. Tone Wilson's claim were set
| tied by agreement The balance q
/ the judgment was paid to c J. VII
son, assignee OF the judgment
Ernest Harnish and 7. W Taylor
L disagreed as to whether Mr.. Tay1Or's
lease on certain land owned by Mr
/ Harnish was valid for the year
1905. They brought their differences
into court for settlement-hrst into