Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1905-10-18
DISTRICT COURT.
Will Ashley and Frank White Both Ac.
quilted. Case Against Elmer
Williams Dismissed.

state. Two criminal cases were
tried and both resulted in acquittal.
The case of Statevs. Will Ashley
which was on trial when the Index
was printed last week resulted in
an acquittal. Mrs. Ashley did not
obey a subpoena that was served
on her and Ju udge Gillett issued an
attachment which was served on
her by VIM. Fuller who was depu-
tized for the occasion by Sheriff
Haun. She was found at Ingersoll
and brought here Wednesday even
ing after the jury had rendered a
verdict. The court reprimanded
her but released her on condition
that she would pay the costs.
Friends came to her rescue and
helped her out financially. The
people who heard the testimony
seem to be "wise' as to the motive
that prompted the woman in fail
ing to appear and testify although
her opinion of her husband is no
better now than it was before and
she declares she will never live with
him. The jury took the view that
If he tried to kill her and she was
not willing to prosecute him no
harm would be done in releasing
him. He had been in Jail since
August and it seemed to some of
the jurors that he had already been
sufficiently punished. County At
torney Griffin, in speaking Of the
result of the case, SAID that if GER
tain parties make a practice of
tampcring with the states witness
eS IN criminal actions, he intends to
make an example of some of them.
The case of the State Of Kansas
against Frank White of the firm of
White 81 Williams, charged with
stealing two heifers from James M.
Hale's pasture in Aetna township,
September 24th, began Wednesday
afternoon and ended in an acquit-
tai Saturday night. The jury was
out about four hours and four bal
lots were taken. The first poll of
the jury showed II for conviction
and I for acquittal but the one fl
nally persuaded the eleven. The
entire jury, however, were unani-
imous in the opinion that the cat
tie were stolen but they did not
think it was established beyond a
reasonable doubt that White &
Williams stole them. They testi-
fed that they bought them from
one Frank Buck, who was also in
Jail charged with the same ofense,
but who was taken to Woodward
Friday nightsto answer to a charge
of stealing four head of cattle in
Woodward county.
The prosecution was represented
by County Attorney Griffin and
Judge G. w. Ellis of this city, and
Walter L. Owen of Kiowa and
Hon. Jesse ]. Dunn of Alva. Judge
Ellis and Mr.. Dunn were employed
by the prosecuting witness just be-
fore the case went to trial, in fact
the latter did not arrive until after
the jury was empaneled and one
witness partially examined.
The defense was represented by
eX-Congresslnaa A. M. Jackson, of
Winfield, Noble & Tlncher of this
city-and w. H. Cloud of Kiowa.
Judge Jackson examined and cross
examined almost every witness and
made a persuasive argument. He
is a whole team by himself.
Legal talent in the case was ev-
enly matched but the attorneys
who were employed to assist in the
prosecution were handicapped by
reason of the fact that they were
called in too late to get acquaint-
ed with all the facts and details
before trial. Judge Ellis of this
city has the reputation of being
one of the best ross-examiners in