Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1909-05-19
District Court

HC SdSC Vi OIdtc Oh Kansas VS.. E.(
Newkirk and Walter Wallace occupied
the time Of the court from Monday moor
until 3 o'clock P. M. Thursday. Tn,
jury was composed Of the following per.
sons:
H. L. Rule C.E. Appel
U. L. Thompson Frank Upham
John E. Mingle Geo. W Likes
G. W. Martin Henry Watts
E. P. NcCune C. l.. Bauer
John Zook U.G. vanderwork
After being out about FIVE hours the
jury returned verdict finding both o.
the defendants guilty of petit larceny.
On the first tallot there were seven for
conviction on the lighter charge and five
for acquittal. The prosecution asked for
a ver1i,t finding both defendants guilty
Of grand larceny. which would have
been penitentiary ofense, and while
none Of the jurors found that the value
Of the goods stolen would warrant such
an extreme penalty. the verdict is looked
rpon as compromise between the In
terested mer chants and the defendants.
The extreme penalty for petit larceny is
$l00 fine and one year in the county
jail. The court hs: wide range. He
may inAict both fine and Imprisonment OF
he may impose fine without imprison-
ment. Judge Gillett will not lass SEN
tence until the final adjournment Of court
this term.
From the beginning of this prosecution
this paper has believed that Walter
Wallace was the sole offender in this
case and that Ed Newkirk was unfor-
tuLately victim Of circumstances in be-
ing with Mr.. Wallace wnen these goods
were taken. and while jury has finally
pronounced both guilty, we still adhere
to our original opinion after hearing the
evidence on both sides. The good rep
utation Of all the members of the Newkirk
family added to the fact that there was
but constructive circumstantial
evidence against Ed, precludes our be-
lieving him guilty. We recognize that
there are many who believe otherwise
but in the light Of the knowledge we
have of all the facts we can not say that
we believe Mr.. Newkirk guilty. Amo-
ton for a new trial has been filed.
The case Of State VS.. Chas. Wilson Of
Sun CITY was taken up Friday morning.
Mr.. Wilson was charged with burslariz-
ing the depot at Sun City and taking
some liquor laSt December County at
torney Field was employed by Wilson
before becoming county attorney and
therefore defended instead of prosecu.-
ing. The Santa Fe Railway Company
employed Samuel Griffin to prosecute.
The jury was composed of the following
persons:
Thos. Kenney H. Harrel
5. p, Wilson WIN. Schmidt
Amos Ash NJ. N. Keithley
J. r. Broughton Geo II. Reynolds
Chas. ID ter W. P. Hager
Otis McReynoIds John Bloom
The case went to the jury after the
noon recess and in about an hour retura-
ed verdia finding the defendant not
guilty. In this case, like in the Newkirk
case, the prosecution was based wholly
on remote circumstandal evidence,
but the jury was composed Of men
who demanded better evidence before
depriving a man Of his liberty, and ac-
quilted him. Mr.. Wilson has alway.
sustained an excellent reputation wh.re
he was known and sentiment at Sun
City is that his prosecution was unjust.
The case Of Elmer Rule VS.. Dr.. Wis
ner was called Friday Afternoon, but afte-
the jury was sworn to try the cause the
defendant made tendr in settlement
and Mr.. Rule accepted it and the case
was dismissed. Mr.. Rule sued Dr..
Wisner on bill for shelling corn. He
claimed SIS for sheliing the corn but
sued for ST l3t to partially cover attorneys
fees.
Dr. Wisnsr rendered him $500
and costs Of the suit and it was accepted
The case Of State VS.. Joe Hargis was
continued until October on account of
the sickness Of the defendant who is now
taking treatment for kidney trouble in St.
Francis hospital. This is the cutting dif-
6culty from Lake City, v. Shmidl being
the prosecuting witness.
Judgment quietng 6tle was rendered
IN the following cases: q. H. Kaiser
vs.. David E. Sheldon; B. Olson VS.. E.
c. Walker; O. P. T. Ewen vs.. Metro
poitan Trust Co.; T. L. Lindey vs.. Mil
ton Yancy.
Court adjourned Friday afternoon, un-
I'll Monday, May 24th. On account Of
the recent rains the jury which was COM
posed OF farmers, were anxious to ge
home into their fields and Judge Gilletl
recognized the justice Of their reques. and
continued the other cases until nexI
Monday.