KANSAS


LEGAL HANGING IN KANSAS

MARTIN W. BATES

Martin W. Bates, a boy of 19, was hunged at Burlingame, Kansas on the 20th, for the murder of Abel Pailley. (Lowell Daily Citizen & News, March 2, 1867, page 2)

The trial of Martin W. Bates, indicted for the murder of Abel Polley, Esq., a much esteemed citizen of Burlington, Osage County, commenced yesterday in the District Court for that County. (Weekly Champion & Press, January 3, 1867, page 4)

WILLIAM DICKSON

CRIMINAL COURT

Trial of William Dickson for the Murder of Jacob Barnett

Second Day - Continued

The eighth Witness called by the State, was

Wiley Fisk

Saw the peddler leaning up against a fence, with a pack on his back; saw a man on the hill going toward Delaware, he was walking, thought he had on snuff-colored shoes, with light moustache.

Q. Have you seen the defendant?
A. I saw him yesterday and today.
Q. How does the defendant compare with the man you saw?
Question objected to by the counsel for defendant. Objection sustained by the Court.
Q. Have you seen that man since?
A. I can't say that I have.

The witness further testified that he saw the deceased lying in the road, dead, and that his pace was off to one side in the brush.

Henry Talbot - (col.) was next examined.

Live with Mr. Hughes; don't remember exactly the time the occurrence took place; was going down to Delaware; met Mr. Boyle this side of Seven mile Creek; saw Mr. Dickson sitting on a log near the road; said good morning; he made no reply; he had a revolver; he jumped up and tried to hide it, but didn't for I saw about half an inch of the scabbard sticking out; the scabbard was yellow.

Cross examined - How do you know that it was a pistol you saw?

A. I saw the scabbard.
Q. You did not see the pistol, then?
A. No So, I only saw the scabbard.
Q. Didn't you swear on the preliminary examination that the portion of the scabbard you saw sticking out, was red?
A. No, sir.
Q. What color were his eyes?
A. They looked mighty bad that morning; looked like they had some devilment in them. I never saw Dickson before that morning.
Jack Baldock testified: I remember the morning the peddler was killed; I was in Delaware City; started to Leavenworth with Mr. Boyle; saw Henry Talbot that morning on the road near Nine Mile Creek; he went over Nine Mile Creek toward Delaware; saw a man come out of the brush; I never saw him before; Boyle asked him where he was going; he mumbled over something; I saw him last in Leavenworth; he was rather a heavy set man; wore a broad trimmed hat.
Q. Where is that man now?
A. I guess he is sitting there - (the witness looking at the defendant.) I saw the peddler sitting on a wagon with his pack.

Mathias Budney was next sworn: I remember the time the peddler was killed; I live in this city and was going down the road after wood; met the peddler near the Mt. Muncie cemetery fence; he was standing there resting; I asked him to ride with me; he got on my wagon and got off about 30 yards above Nine Mile Creek; near Smith's house, where a colored man lives. I did not see him again until I saw his dead body; I never saw the defendant.

R. P. Smith testified as follows: I live a half mile this side of Delaware City; the peddler was killed on the 10th of March, I was at home building fence on the hill between Nine Mile Creek and the house; my house is one-fourth of a mile from where the peddler was found dead; I first saw the peddler in the morning about nine o'clock; saw a man coming from towards Leavenworth; don't know the man; noticed that he wore a pair of shoes; my mother found the peddler's clothes about 30 rods from where the dead body lay, in the brush.

The next witness called was Frank Hatton: Am foreman of the stone quarry at the Penitentiary; remember the day the peddler was killed; the day before the murder I saw the defendant at the quarry about 5 o'clock in the afternoon; he had a revolver with him; he inquired for Mr. McClure; he left and went south; the quarry is near the Kansas City road; didn't see him any more that day.

Richard D. Smith, guard at the quarry testified to the same effect.

Pat. Carrol deposed: my place of business is at Five Mile Creek, on the Kansas city road, the day before the peddler was killed, saw the defendant going out on the Kansas City road; he stopped at my house; it was in the afternoon; he remained 15 or 20 minutes; and got a glass of beer; he spent twenty cents, and went away.

Henry Forback deposed: Am a shoemaker and live in Delaware City; was at home when I heard the peddler was killed; went out to where the body was; the pack was lying in the brushes west of the body, his hat lay near by the body; looked to find tracks; found one near the pack and measured it; the length of the foot was No. 9; heel 3-2/3 inches; the tracks led west toward the Kitchenford; measured the track with a hazel stick and gave the stick to the coroner.

Christopher Loss was next examined: Was at Delaware city on the 10th of March last; saw a man going out of Green's pasture, in a southwest direction from where the body was found; saw him take out a piece of paper and look at it; he passed out of my sight with the paper in his hand. Next saw him at Petersburg, still on the railroad track; can't recognize the man.

John Loss gave evidence to seeing the body and finding the pack at a distance off.

Levy Churchill: was doing business at Fairmount Township on the 10th of March; can't swear that I saw the defendant there that day; heard that a man had been killed on the 10th of March; one man came along the railroad track to my place of business about 11 o'clock; he had on a round sack coat; can't say whether he wore boots or shoes; he bought crackers and apples; he paid in 25c currency; he did not stay over ten minutes. Fairmount is five miles from Petersburg, and 6-1/2 or 7 miles from Delaware city.

T. F. Smeltzer testified; keep a store - sell guns and pistols in this city; know the defendant; that day he bought a pistol of me; it was in the forenoon; it was bought and left there for a while, and then taken away; it was a Colt's navy revolver; I gave him two rounds of ammunition; he also bought a belt; he paid $8 for the pistol, and 25c for the belt; would know the pistol if I saw it again; Mr. Palmer showed me the pistol after he had arrested the defendant.

Here the pistol was shown to the witness, who recognized it the as same one sold the defendant.

Robert Palmer next deposed; Am deputy Sheriff of Leavenworth county; between half past two and three received information that a man had been murdered near Delaware City. Malone and myself took the train at four and started for Lawrence; arrested defendant on this side of Reno near the track; when we arrested him he said he had arms, and asked what he was arrested for. When told he replied, you are mistaken. (The pistol taken from the defendant by the officers was exhibited to witness, who recognized it.) He gave his name as Nealy or something like it. When we took the watch from him, he said a man by the name of Smith gave it to him. Said he had walked all the way from Leavenworth on the track; had staid all night at house on the levee, and paid 50 cents for his lodging; got no breakfast or supper; had bought the pistol at a second hand store; had given $7 for it. At the time we took him he wore a black hat and brown coat, or one that had been sun burnt. (Here the watch was produced) Also found a pocket book which the defendant said he had bought in Leavenworth; also a comb, which the defendant said he had bought and paid 15 or 20 cents for, in Leavenworth. When we took him to Lawrence we examined his clothes to find blood; we found some fluid substance on the sleeve; can't say whether it was blood or not.

Court adjourned till this morning, 8-1/2 o'clock.

Third Day - June 15, 1870

The 21st witness called by the State was Henry C. Smith: I was about a half to three-fourths of a mile this side of Delaware with my brother on the 10th of March; heard of the murder about 11 o'clock; and went over to where the body was; the clothes were lying a little south of the peddler; I made examination for tracks near Kitchen's ford; I found tracks leading toward the ford; in the morning I took the measure of the tracks found, and took them to be about 8 or 9; did not measure them; they were fresh tracks; there is a high hill between where I was walking and the peddler; I heard no firing; I think the wind was blowing from the southwest.

Mr. Jereslaw recalled.

Q. When you took the body home and washed it, did you find a watch?
A. He had no watch; when I found him there his pockets were turned out. I found no pocket book; I found a piece of a fine comb near his coat.

The next witness called by the State was Matthew Malone, Policeman: The testimony given by this officer was in substance about the same as that given by Mr. Palmer yesterday. He and Palmer made the arrest.

It will be remembered that when the defendant purchased the revolver, Mr. T. F. Smeltzer gave him twelve cartridges; when he was arrested, Mr. Malone testified that the revolver was loaded, but the defendant did not have any extra cartridges. Six of the cartridges are accounted for.

The 23d witness called by the State was R. C. Foster.

I live in Delaware Township. On the 10th of March I was at home. When I examined the body, I found the pack about 100 yards from the body; I found tracks leading westwardly toward the Kitchen ford; I thought the toes of the shoes turned out.

The 24th witness called by the State was Henry ettingson.

I knew Jacob Barnett; he was a peddler; I am a peddler; he boarded with me at my sister's; I saw him alive 25 minutes to 8, on the 10th of March; we left our boarding house in the morning about 7 o'clock with our goods, to peddle; at Sigel garden we parted, he went due east and I went southwest; he had a silver watch. (The witness described the watch; the watch shown him was recognized as the watch belonging to the deceased. It was the same one found on the defendant when arrested.) My sister gave him a comb on Christmas day; I combed with the same comb. (Comb described by witness corresponded exactly with the one taken from the defendant when arrested .)

He had a sort of yellow pocketbook. (The pocket book taken from defendant is a new one, and of a yellowish color - new calf.)
Cross examined -

Q. Would you know the pocket book?
A. I think so.
(Pocket book shown to witness and recognized by him as the one belonging to deceased. The pocket book was taken from the defendant when arrested.)

The witness was rigidly examined as to the description of the watch. He described it minutely. His description closely corresponded with the one taken from the defendant.

The 25th witness called by the State was A. Herschfield. The witness testified that he knew Jacob Barnett in his life time; that he saw him the day before he left the city; that the deceased came into his store and wanted to sell him his watch.

Q. Can you describe the watch?
A. I think so. (Witness decribed the watch.)
Q. Could you tell the watch if you saw it?
A. I think so.
Q.What kind of a guard did it have?
A. It had a shoe string on it when he showed it to me.

Mr. Ettinger stated in his examination that the spring which opened the lid of the peddler's watch was broken. Mr. Hershfield testified that the deceased's watch had a good spring when the deceased wanted to sell it to him the day before.

Watch shown to witness:
Q. Is that the watch you saw?
A. That's the watch! That looks like the watch.

Cross examined - Is that the watch?
A. I think it is.
Q. Would you swear positively that that is the watch?
A. I don't like to swear positively, but I think that is the watch.

H. Hoffman next deposed - Is a watchmaker. He testified at Mrs. Feshman (the landlady) brought a watch to him to repair; which remained in his shop some three months; that Mr. Freshman told him to give the watch to Jacob Barnett as it was his; (witness described the watch; said he would know the watch if he saw it; that he could pick it out of a thousand watches - that he had handled it almost daily during the time it remained in his shop.

The watch was shown to the witness, and identified by him as the same one which Barnett took from his shop about two weeks before he was murdered.

Charles Olasky next deposed - The witness testified that he knew Jacob Barnett: that he was a merchant, and that Barnett purchased goods of him; that he made Barnett a present of a pocket-book about two months before he died; had seen the book in his possession a few days before his death.

Cross examined - Q. How did you happen to see the pocket book?
A. Barnett was in the store and said he had not used his pocket book yet. I saw it then. I have sold the same kind of pocket books.
Q. How many of these pocketbooks did you have after you gave Barnett one?
A. I think I had but one left. I had a dozen or so of them, could not tell one from another (Pocket book shown witness who said he could swear that the one, he gave to Barnett was one like it.)

The 28th witness called by the State, was Meyer Lauber. The counsel for the defence objected to Lauber testifying on the ground that he had been present in the court room during the trial. Objections sustained.

The 29th witness called by the State was Libbie Feshman. She testified that she gave the deceased a comb for a Christmas present. The witness described the comb, minutely. She also testified that she took a silver watch to the shop of Henry Hoffman; that the day before the deceased was killed, she saw him, the deceased have the watch.

Thomas Maloney, Jailor, next deposed - Q. Was the hat worn by the prisoner every day the one he had on when he come to the Jail?
A. No sir; the prisoners have been changing hats more or less every day.

Cross examined - Q. Are the shoes that the prisoner has on now, the same ones he had on when he was brought to the Jail?
A. Yes sir - the same shoes.

Mr. Mateny recalled, He produced certificate of restoration to citizenship. He testified that the defendant had, while in the Penitentiary with him, a small black comb, but he couldn't swear that it was the defendant's comb.

The State here rested. (Leavenworth Bulletin, June 15, 1870, page 4)

THE GALLOWS IN KANSAS

Executives of William Dickson at Leavenworth - He Protests His Innocence and Dies Without A Struggle - His Checkered Career

A Leavenworth journal of the 10th inst., gives the following account of an execution in that city:

Yesterday the day appointed for the execution was ushered in darkly, the sun being veiled by a heavy fog for some hours after daylight. To the superstitions this was nature's disapproval of the event of the day, but the beautiful sunshine shortly afterward dissipated superstitions, and gave the doomed man his last opportunity to look on nature in her most smiling garb. Long before the hour appointed, 12 o'clock the hills and houses in the vicinity were crowded with people anxious to see the sad spectacle. For an hour before noon the entrances to the jail were besieged by crowds with and without admission cards. Not only this, but all over the city people on house tops and eminences looked with glasses or the naked eye to see

Owing to the prominence of the county jail grounds the melancholy proceedings were visible from almost all parts of the city, and thousands availed themselves of the opportunity of seeing the law's victim dropped from earth to eternity. About 12 o'clock the excitement of the thousands who failed to get admission was intense. The Sheriff, Deputy Sheriff and peace officers were besieged with applications for passes and scores of men and children shouted simultaneously for the open sesame to the judicial slaughter. We regret to be compelled to say that at least one half of the vast concourse which viewed the spectacle from outside points was composed of children of both sexes. It is, perhaps one of the unavoidable associations of such scenes and must be expected as long as the law demands.

But it is none the less painful because usual. About 10:49 o'clock the east gate of the jail was opened and then commenced fierce crowding and pushing for speedy admission to the public spectacle. The crowd pressed desperately toward the entrance where three deputies were engaged in maintaining order and taking entrance cards. A stranger would have imagined a popular circus was about exhibiting so glamorous and lively was the crowd. The cry of "Show your tickets, gentlemen," was varied by constant assurances from the others. "That there was no hurry, the man was still in jail," and "The execution would not take place for some time." One man rushed breathless up to the gate, after the crowd had been admitted and anxiously demanded.

"Is He Hung Yet?" And on being told that he yet lived, smiled pleasantly, presented his ticket, and entered to feast on the unusual sight. The suggestion of an irreverent was who had no ticket that "if the Sheriff would charge one dollar a head he would make more money and be less bothered with a crowd," would be a good plan for adoption at the next execution -which we hope will never take place. Finally the spectators were all admitted, and then began the anxious waiting for the doomed man, who was at this time receiving the last end rites of his profession from Father Laigneil. The Sheriff's deputies kept the approach to the scaffold clear of spectators and but a few besides the officers of the law were permitted to be near it. At 12:15 p.m. Dickson left the jail supported by Father Laignell and accompanied by Sheriff McFarland and Deputies Palmer and Maloney.

He ascended the scaffold more firmly than any of his escort and when sitting under the rope he maintained a dignified composure which his bitterest enemies must have admired. The prisoner wore a black suit, black hat, and white shirt. As he ascended the slope of the scaffold he unbuttoned his vest to let his last throbbing of life be unrestrained. He sat coolly for some time every one remarking how well he looked, the only evidence of his confinement being a little paleness while his burly form never showed to better advantage. After resting few minutes, the prisoner knelt with the attendant priest and spent a short time in prayer. After these devotions were concluded he was again seated until the Sheriff commenced to read the transcript of the Court proceedings, to which he listened standing. Here the audience was again disappointed so far as any show of feeling by the condemned man was concerned. When the Sheriff reached the part referring to the sentence of death the only unusual movement was the violent winking of the prisoner's eyes as he appeared to be keeping back uncontrollable tears. After the sentence was read and the prisoner had answered the usual inquiries and declined to say anything to the spectators, Father Leignell took his leave of the prisoner twice embracing him tenderly. Deputy Sheriff Palmer handed the culprit a glass of water which he drank heartily and the officers took their leave. The executioner, ___, then approached the scaffold, led by Deputy Sheriff Vess. He was enveloped in a black domino surmounted by a black hood and public curiosity was piqued for once as the sharpest eyes failed to discover the identity of the masked instrument of the laws vengeance. Deputy Sheriff Palmer put the black cap over the prisoner's head and carefully adjusted the rope around the neck. His hands were then secured behind him with a white handkerchief, while a strap did the same service at his ankles. The deputy sheriff stepped aside, the executioner pulled the lever the heavy door fell and William Dickson passed away.

The Murdered Peddler was Avenged

As he fell, the rope, in some unaccountable way, slipped so that the knot was at the back of the head instead of behind the ear, as at first placed. It was naturally supposed that his death would be slow and painful; but the spectators were spared even the agony usually exhibited on such occasions, and the body hung without a struggle for twenty-five minutes, when it was gently lowered and after examination, life pronounced extinct, and the remains were deposited in a neat coffin and given in charge of Father Laigniel for burial in the Catholic cemetery.

William Dickson according to his own report was born in Bustletou, Pa., in 1830 and until 13 years of age lived there. After that he lived in Philadelphia for six years and made a living as a wagoner. He then spent three years on a New Bedford whaler and after becoming 22 years of age, spent seven years as a seaman in the merchant service between Philadelphia and the West Indies. In 1862 he worked in Norris' car shops, in Philadelphia; and this part of his statement is believed as letters have been received indorsing this fragment. In 1863 he joined the Sixth Pennsylvania cavalry, and in 1864 was captured in the Shenandoah Valley and confined successively in Richmond, Andersonville and Milan, Ga. From the place escaping. He came to Kansas in 1865 and was engaged in different businesses until 1867 when he was arrested for horse stealing and sentenced to three years in the penitentiary.

He served out his term, learning, while there, the trade of stone cutting. He was out of the Penitentiary two days when arrested for the murder of the poor peddler. This is his biography as he gave it but those who heard it had not implicit confidence in its reliability and some doubt it entirely. While in the penitentiary he made a confidant of one of the inmates and from what this man tells, his name is assumed his capture and escape myths and it is more than one probable that he was engaged in more than one piratical expedition in distant seas. This man was afraid to tell all he knew while Dickson lived but perhaps now can throw additional light on the past history of William Dickson.

The murder of the unoffending peddler is still fresh in the memory of our citizens. The murdered man was industrious and honest and his supposed murderer a late penitentiary inmate. Our Hebrew citizens, of whom the murdered man had been one, were terribly incensed at the brutal roadside assassination; but, to their credit be it said, they let the law have its course. Dickson had a trial by a jury of the best citizens of Leavenworth, and their verdict condemned him to death.

Though no eye saw the deed, yet, there were the unerring circumstances which pointed to him as the murderer. The sentence has been executed promptly and humanely. The convicted man died game and made no sound, yet almost the entire community pronounced him guilty. (Philadelphia Inquirer, August 15, 1870, page 3)

MILLER, GEORGE

George Miller, a 60 year old Negro was hanged today at Kansas state prison.

Miller was executed for the ambush slaying of Police Chief Mike Churchill, 48, at Osawatomie, Kas., February 3, 1947.

Miller, a former section hand confessed the killing. His execution was delayed twice while appeals were carried unsuccessfully to the United States Supreme Court.

Chief Churchill had gone to the Miller home to arrest the man on a warrant obtained by Miller's wife. (Seattle Daily Times, May 6,1950, page 1)

McBRIDE, PRESTON F.

Death Charge Today Against McBride

Reno County officers tied up loose ends Friday in the death of John Watkins, preparatory to filing first degree murder charges Saturday against Preston F. McBride, 24, Watkins' admitted slayer.

McBride showed Sheriff Walt Dixon and Deputy Gene Schroeder a spot two and a half miles southwest and a mile and a half south of Patridge where he said he shot the Hutchinson cab driver in a rented car.

Tracks in the soft earth confirmed McBride's statements. Officers also found what they believed to be blood stains near Second and Adams where McBride said he parked the car with Watkins' body slumped in the front seat.

The place of the murder is near the Jasper Dunn place in Center township. Nearby is a windmill which McBride thought was an oil derrick. He also showed officers where he turned around and headed back to Hutchinson.

Mrs. Anna Stuller, YMCA housekeeper, said McBride returned to his room shortly after noon Wednesday and told her "I'll be around and you don't need to clean up the room." She said he appeared nervous.

He left shortly after 1 p.m. according to Mrs. lennie Hutchinson office secretary, carrying a bundle of laundry.

Enroute to Wichita he tossed Watkins' wallet out the car window. It was found Friday on K96, two miles east of the Arkansas river bridge just west of Wichita.

Officers have discredited McBride's statement that he was ordered to kill Watkins by a dope ring. McBride said Victor Casper, Wichita, ordered the death of Watkins.

A .22 caliber revolver, believed to be the murder weapon was found at Casper's house. Where McBride got the gun is still a question officers haven't answered.

Four empty cartridges were found outside McBride's YMCA room, No. 44. Some officers believe the gun was bought in Hutchinson. The cartridges will be taken to Wichita Saturday and checked with the gun.

Two friends of McBride's, Louis Powers, 1001-1/2 North Poplar and Jim Hale, told John Alden, assistant county attorney, they had seen a gun, similar to the one believed used, in McBride's room.

In Wichita late, Friday officers were still questioning four persons on McBride's alleged dope ring activities. County Attorney Johnie Frank said he thoroughly discounted the dope ring story.

Reno county officers were still puzzled over the motive for the crime. Several voiced the opinion that it was a spur of the minute slaying.

A search of McBride's rooms at the YMCA yielded two crime comic books, a necktie, stationary, three hankerchiefs, two pair of pants, a shirt and a pair of shoes. None of the stories in the comic books corresponded to the dope ring story given by the slayer.

A. A. Remington, YMCA general secretary, said McBride in the 10 days he lived at they Y, seemed be civil and courteous. On Valentine's day Remington said he helped McBride wrap a package for his wife and a present for his dauther. (The Hutchinson News-Herald, Saturday, February 18, 1950)

McBride Admitted Crime, Davis Says

Preston F. McBride admitted murdering John C. Watkins, Hutchinson cab driver, according to Glen Davis, Sedgwick County Criminal Investigator.

Davis was the first man placed on the witness stand Tuesday afternoon in the first degree murder trial of McBride.

Davis' testimony followed an opening statement by County Attorney John Fontron who retracted the actions of McBride on Feb. 17, the day on which McBride is accused of shooting Watkins.

Fontron said the state will prove by evidence that McBride is the man who murdered Watkins.

Davis said he had questioned McBride in the Sedgwick county jail on the day following the shooting and McBride admitted the murder. Davis did not elaborate on the statement.

Davis said McBride told him he entered the cab driven by Watkins on Feb. 17 and told Watkins to drive 15 miles south of Hutchinson.

Davis said he asked McBride what he had in mind when he entered the cab. He quoted McBride as saying, "I wanted to steal the car."

Davis said McBride told him he did not remember how many times he shot Watkins and did not know whether he shot him in the head or in the neck.

Following the shooting, Davis said McBride told him he drove to Derby, southeast of Wichita, and attempted to shove Watkins body from the car. He could not move it, McBride was quoted as saying.

Davis said McBride then attempted to move the car but when it also stuck in the mud he walked from the scene.

The state introduced two exhibits during the early testimony - a bloodstained jacket which Davis said McBride admitted owning and a bloodstained hat which belonged to Watkins.

Attorney's for Preston F. McBride indicated from questions fired at veniremen Tuesday that they might plead their client innocent by reason of temporary insanity. The 25 year old Wichitian is charged with the first degree murder of John C. Watkins on Feb. 15.

Bill Cole and Don Bailey asked each venireman if he had any objections to acquitting the defendant if it is proved he was insane at the time of the commission of the crime. Venireman were also asked if they would bring in the same verdict if it was proved McBride is of unsound mind.

McBride's fate will be decided by an all-male jury selected Monday from three panels of 36 veniremen.

The jury selection required a day and a half of pinpoint questioning by the state and defense. Two additional panels of 40 veniremen each hurriedly were summoned Monday to supplement the original 35-member panel.

Those named to hear the case were W. E. Henry, 1920 North Ash; Virgil Hahn, 324 West Seveneth; Guy Reese, 1315 North Adams; Roy Carr, 316 West Second; Fred E. Brown, Nickerson; Otto Mason, Sylvia; Jack Rexroad, Partridge; J. A. Baker, Nickerson, Milan Pierson, 209 West Eleventh; J. D. Elder, 201 West Eighth; Henry L. Brown, Partridge; R. E. Bellflower, 103 West 15th. A thirteenth man, C. A. Harris 708 West Sixth was named as alternate juror.

Judge F. B. Hettinger announced the names of the jurors early this afternoon, after attorneys for the state and defense struck off 24 names from the master panel by peremptroy challenge.

County Attorney John Fontron from his examination of prospective jurors, indicated he might ask for the death sentence in the event of a conviction. Several verniremen were excused when they said they opposed capital punishment.

Selection of jurors had its lighter side during the Monday morning session. A Nickerson venireman sho said he was recuperating from a illness was asked if his condition would interfere with his sitting as ajuror.

"Not unless I get excited," he responded. "But if I do, I might get up and sit on you," he told Fontron. This response brought a smile to the defendant. (The Hutchinson News, Herald, April 18, 1950)

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