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Two men answered an advertisement of S. H. Newell and his wife that they had diamonds for sale. These men came to the Newell home in Kansas City, and examined the diamonds in the presence of Newell and his wife. They did not buy them. A week later one of the men, identified as D, returned and asked to see the diamonds again with a view to buying them. He was admitted to the home by Mrs. Newell. Her husband was absent. After further examination, D asked Mrs. Newell to get him a glass of water so that he could see how they looked when placed in the water. Mrs. Newell left the diamonds in D's hands and went to the kitchen. D followed her and, drawing a revolver, forced her with her baby into the basement, locked the door, and took off with the diamonds. The value of the diamonds was about $ 400. D was convicted of robbery and appealed.

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