Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1908-02-14
The OLD NINTH DISTRICT.
Judge Peters Relates Some Interest.
Ing Cases.

In an ADDRESS before the state Bar
ASSOCIATE at Toreka on Jan. 3lst.
the Hon. S. R. Peters, judge Of the
old ninlh district amorg other Incl
dents related this one, hich occur.
red in this county.
Another case which attracted con.
siderable attention was that of the
State of Kansas vs. Afford which WIS
tiled at the March term 1877, at
Great Bend. The defendant, a lesi.
dent # this county had formed an &C
quaintance Of land buy er from Iowa,
on the train. before reaching Great
Bend. He took him to lonely place
south OF the river under the pretense
that they were taking short ut TO
town, shot him, took from him, his
wallet containing considerable money
which be had displayeo en- The train,
and left bis victim for dead. The bull.
let which had at first rendered him
unconscious did not penetrate the
skull and upon regalning conscious
ness MADE his way TO the town. AL
ford was arrested and bound over to
the next term Of the district court and
an information filed: charging assault
with intent 10 kill. At the first tenn OF
court an affidavit for continuance was
presented accompanied ty a physic-
ian'S certificate showing that the de-
PENDANT had met with an accident
which had rendered him unconscious,
and that he was then unable to attend
the session. The bond which the de.
PENDANT had given was renewed and
the cause continued. At the next
term SIX months after, when the case
was called for trial, another applica.
ton for,c continuance was made on the
ground Of mental arrangement and
because the defendant was in a com.
atose condition. This was supported
by physicians certificate who had
made an examination of the defend
ant and who certified that he was un-
able TO leave bis home. In the mean.
time it came to the knowledge Of the
court that the defendant during the
intervening time between the terms
had recovered consciousness and ap.
peared to be perfectly sane and so
continued until a few days before the
session of the court when he apparent
ly lasped into bis former condition.
These facts created a suspicion, ana
the sheriff was ordered 10 bring in
the defendant. The ficer returned
with his charge on cot and placed
him in room adjoining the court
room. The court requested three
physicians to make a critical exami.
nation Of the defendant and report
conclusions. Two Of the committee re
ported that in their opinion the con
dition Of the man was not feigned as
they did not believe any person could
stand the tests applied without finch
ing. The other member was not fully
satisfied as the man appeared to be in
excellent physical condition and might
have sufficient will power to stand the
tests, The judge went into the room
where the defendant was and sat by
his cot for some time watching him
intently. He made every effort to get
some sign Of recognition but failed.
The perfect physical condition Of the
man and his regular breathing, togeth
er with other circumstances deter
mined his course The prisoner was
carried in on his cot and placed in
front Of the judges stand. The attor.
neys for the defense again presented
their application for continuance rein
forced by the evidence Of the two ply
sicians who had made the examination:
After full hearing the application
was overruled and the information
read 10 the defendant after which the
court said,
'Mr. Afford you have heard read
the information charging you with an
assault with intent to kill upon the