Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1910-02-23
ON THE SECOND TRIAL
Case Of State VS.. Geo. Horton now
on Trial for Second Time.
Other Court Matters.


cases are still the attractions in
district court. Horton was tried
last week and the jury disagreed,
and since Mr.. Kathren is charged
only as an accessory it is necessary
to dispose of the Horton case first
The Horton case was tried on
Tuesday and Wednesday. The
jury retired at a o'clock Wednesday
afternoon and were out until s
o'clock Thursday morning when
Judge Gillett discharged them
without arriving at a verdict.
During the entire time, from the
first ballot to the last, there were
eight for conviction and four for
acquittal. The evidence was the
same as that introduced in the pre-
llminary trial but it was more eX-
haustive. 1t was all circumstan-
tial. The state relied for convic-
tion upon the fact that the blood
hound from Harper scented trail
from the drug store to R. E. Kath-
ren's house, where Mr.. Horton was
at the time the hound got there,
and also upon the fact that the
shoes worn by the defendant fit
track found behind the drug store.
The fact, however, that the dog
did not get on this trail until the
second attempt, weakened the
jury's faith in that part of the evil
dence very much.
The defense did not offer any
testimony.
County Attorney Field, Samuel
Griffin and ]. N. Tincher prosecut-
ed the case and G. M. Martin rep.
resented the defendant. The jury
was as follows:
G. II. Stewart JIM. Hall
r. II. Garvin W. II. Robinson
+. G. Colborn W. s. Benehel
5Ohn Campbell Roy Burns
W. II. Jackson Frank Upham
@. @. Price f. A. Gibson
Immediately after the jury was
discharged, the case was set down
for trial on Monday of this week,
and Judge Gillett drew special
jury venire on Saturday and direct
ed Sheriff Mathews to summon the
Jurors to report at noon Monday.
The special venire was as follows:
w. II. Drury. Deerhead.
Geo. W. Pfaff. Nippawalla.
Richard Armour. Sharon.
o. r. Moss Sharon.
G. H. McBrayer. Kiowa,
L. c. Rugg. HaZelton.
w. E. Chadwick. Elm Mills.
j. H. Nichols. Kiowa.
]. T. Clawson. Turkey Creek.
W. Fl. Mayfeld Sharon.
Ben Forney. Kiowa.
Roe King. Kiowa.
John Piper, Kiowa.
L. G. Mills Lake City.
:. a. Stout, Cedar,
Walter jackson. Elm Mills.
Ed Kicks. Kiowa.
VIM. Jackson. Elwood.
J. b. Shumate. Moore.
Sidney Carriker, Aetna.
j. P. Clough. Sharon.
1. V. Wright. Moore.
w. V. Salmon. Hazelton.
w. G. Murray. Valley.
Harry Cooke. Deerhead.
L. NJ. Landreth. Hazelton.
L. 6. Harmon. Sun City.
]. c. Jenkins. Hazelton.
f. L. Hunt. Kiowa.
Bert White. Valley.
s.. ]. L. Potts. Kiowa.
C. s. Marty, Sun City.
Fred Hellman, Valley.
J. f. Wright. Elm Mills.
Arthur Spalding. Kiowa.
J. T. Marsh. Lake City.
The second jury was secured yes
terday morning and is as follows:
NJ V Salmon Roe King
l. NJ Landreth G. w. Pfaf
s. A. Stout l.. G. Rugg
NJ. f. Freeman Richard Armour
G. S. Marty j. Z. Wright
Bert White F. L. Hunt
The trial occupied all of yester-
dav and is still under considera-
ton. The case will go to the jury
today.
On Thursday the case of The
Fidelity Trust Company of Kansas
CITY VS.. Mart Roessler, o. E. VAL
entine, F. ]. Hubner, R. A. Peterie.
Joseph Stroll, G. w. Rose and l.
M. Berger, was tried before the fol-
lowing jury:
IT T, Sale W. S. Benefel
I'M Hall Paul Adams
Ned Axtell A l. Linton
VIM Mcpherson c. c. Price
A A. Fausett Harvey Ray