Dublin Core
Title
Emmett Dalton trial transcript for hearing of George Cubine death
Description
This document is a legal transcript from
Montgomery County, Kansas, detailing the 1892–1893 criminal proceedings against Emmett Dalton for the murder of George Cubine (pp. 1-2).
Montgomery County, Kansas, detailing the 1892–1893 criminal proceedings against Emmett Dalton for the murder of George Cubine (pp. 1-2).
Creator
Coffeyville Public Library
Publisher
State of Kansas
Date
December 1892
Rights
public domain
Format
pdf
Text Item Type Metadata
Text
Page 1: Case Summary
Case No: 140/7387 (p. 1)
Parties: State of Kansas vs. Emmett Dalton (p. 1)
Key Dates:
Hearing: Dec. 14–16, 1892 (p. 1)
Transcript Filed: Jan. 17, 1893 (p. 1)
Action: Remand for trial (p. 1)
Page 2: The Complaint
On December 14, 1892, J.B. Charlton filed a complaint before Justice of the Peace G.L. Gilmore (p. 2).
Charge: It was alleged that on October 5, 1892, in Montgomery County, Emmett Dalton "unlawfully, feloniously, willfully, maliciously, and of his deliberately premeditated malice aforethought" assaulted George Cubine with a Winchester rifle (p. 2).
Context: The assault occurred while Dalton was "engaged in the attempt to perpetrate a robbery of the First National Bank of Coffeyville, Kan" (p. 2).
Page 3: Arrest and Initial Appearance
Outcome of Assault: The rifle shot penetrated Cubine's body, inflicting a "mortal wound" from which he died (p. 3).
Arrest: A warrant was issued and served on December 14, 1892, by arresting Dalton and bringing him before the court (p. 3).
Initial Continuance: By agreement, the case was continued to December 16, 1892. Dalton was denied bail and committed to jail (p. 3).
Page 4: Motions and Objections
Legal Counsel: The State was represented by Mr. Zeigler and Mr. Charlton; Dalton was represented by H.G. Webb and A.F. Felton (pp. 1, 4).
Defense Motion: On January 14, 1893, Dalton’s attorney filed a motion to quash the proceedings, arguing that another information charging the same offense was already pending in the District Court (p. 4).
Court Ruling: The motion was overruled, and the defense entered an objection to any evidence being introduced (p. 4).
Page 5: Evidence and Decision
Witnesses: The State called several witnesses, including T.G. Ayers, T.H. Brooks, Kirby Long, and others (p. 5).
Defense Stance: The defendant offered no evidence and refused to cross-examine the State's witnesses (p. 5).
Ruling: The court found "reasonable grounds for believing defendant Emmett Dalton guilty." He was ordered to be held without bail in the Montgomery County jail to await trial at the next term of the District Court (p. 5).
Page 6: Fee Bill and Witness List
Certification: Justice G.L. Gilmore certified the transcript as a true record on January 16, 1893 (p. 6).
Total Costs: The total legal fees for the Sheriff (J. Callahan) and court services amounted to $12.00 (p. 6).
Witness Fees: Witnesses such as T.G. Ayers, T.H. Brooks, and Kirby Long were each paid $4.50 for their appearance (p. 6).
Case No: 140/7387 (p. 1)
Parties: State of Kansas vs. Emmett Dalton (p. 1)
Key Dates:
Hearing: Dec. 14–16, 1892 (p. 1)
Transcript Filed: Jan. 17, 1893 (p. 1)
Action: Remand for trial (p. 1)
Page 2: The Complaint
On December 14, 1892, J.B. Charlton filed a complaint before Justice of the Peace G.L. Gilmore (p. 2).
Charge: It was alleged that on October 5, 1892, in Montgomery County, Emmett Dalton "unlawfully, feloniously, willfully, maliciously, and of his deliberately premeditated malice aforethought" assaulted George Cubine with a Winchester rifle (p. 2).
Context: The assault occurred while Dalton was "engaged in the attempt to perpetrate a robbery of the First National Bank of Coffeyville, Kan" (p. 2).
Page 3: Arrest and Initial Appearance
Outcome of Assault: The rifle shot penetrated Cubine's body, inflicting a "mortal wound" from which he died (p. 3).
Arrest: A warrant was issued and served on December 14, 1892, by arresting Dalton and bringing him before the court (p. 3).
Initial Continuance: By agreement, the case was continued to December 16, 1892. Dalton was denied bail and committed to jail (p. 3).
Page 4: Motions and Objections
Legal Counsel: The State was represented by Mr. Zeigler and Mr. Charlton; Dalton was represented by H.G. Webb and A.F. Felton (pp. 1, 4).
Defense Motion: On January 14, 1893, Dalton’s attorney filed a motion to quash the proceedings, arguing that another information charging the same offense was already pending in the District Court (p. 4).
Court Ruling: The motion was overruled, and the defense entered an objection to any evidence being introduced (p. 4).
Page 5: Evidence and Decision
Witnesses: The State called several witnesses, including T.G. Ayers, T.H. Brooks, Kirby Long, and others (p. 5).
Defense Stance: The defendant offered no evidence and refused to cross-examine the State's witnesses (p. 5).
Ruling: The court found "reasonable grounds for believing defendant Emmett Dalton guilty." He was ordered to be held without bail in the Montgomery County jail to await trial at the next term of the District Court (p. 5).
Page 6: Fee Bill and Witness List
Certification: Justice G.L. Gilmore certified the transcript as a true record on January 16, 1893 (p. 6).
Total Costs: The total legal fees for the Sheriff (J. Callahan) and court services amounted to $12.00 (p. 6).
Witness Fees: Witnesses such as T.G. Ayers, T.H. Brooks, and Kirby Long were each paid $4.50 for their appearance (p. 6).
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