Kansas weekly herald., 1855-06-22
Evidence Gss ]. tHe. Case .Ol
III C7se<X. ssfsz:e =

The testimony of witnesses on an apple
cation by Cole M'Crea, the murderer of
Malcolm Clark, by writ of Habeas Cor
pus to be discharged. =
Cox Isaac's u. S. District Attorney, as
sisted by Johnson & Lyle, appeared on
the part of the United States Richardson
& Phillips for the Prisoner. - ss
FOR THE UNITED STATES.
H. Reeves Pollard States that OF the
day of the occurrence he heard M'Crea
say in Brubaker's Office, that he..( NJ Crea}
came totown unarmed, and that some one
handed the pistol to him with which he
shot Clark. r,.ss.ss..: @s@...-..,-f
l.. J. Eastin-Attendedst the Squaaer
Meeting of the Both of April; Wilson
first made speech, after which he Gas
tin) was called tothe Chair !; nj Creas fire.
quently disturbed the proceedings of the
meeting vote was taken as to the pro-
priety of extending the time tor settlers
upon Delaware lands to hold claims with
out occupancy, and decided IN affirmative |;
M Crea besides using other language at
the time, said it was .d--n fEraMd, or
something similar; Clark called, him a
liar and made towards him with a stick,
which he picked up on the way; think
Clark threw the stickiwhen inten or twelve
PAGES ofN1' Crea; don't knoW whether hehit
him or not; his handwas on Ne Crea when
he was shot - Clark's hands not on him
! In violent manner; don't think he intended
personal injury ;; Clark advanced with
some spirit; cannot say distinctly that M
.Crea; spoke directly to Clark ); when Clark
advanced on him! M Crea was facing him;
4 don't believe that NJ 'Crea retreated may
have changed his position Clark was
rather strong man; probably could have
knocked 'Crea down with q fair lick /;
impression that the stick was rather short !;
meeting lasted one hour or one hour and a
quarter. sta3s1
S w. G. Berry-Went to the Squatter
meeting while Wilson was speaking; at the
commencement of the meeting,' Clark
told NJ Crea to GO away, that he did not
want a. difficulty. and that he e NJ Crea
had no interest in it; M'Crea soon, came
to him and asked him, if he told him mot
to speak to him again; Clark told him he
rather he would not, and told him again
he did not want him to speak s; Eastin was
called to the Chair; M'Crea used very IN
gentlemanly language; after the vote was
taken on Squatter question, M'Crea said
litwas a d--sa fraud Clark. took a. stick
and advanced towards him; Clark had
hing in his hands at the: time he was
i shot had his fist, drawn; M'Crea drew. his
pistol about the time Clark reached him I;
I'M. Crea shot him by the time Clark touched
him; club used by Clark, about two feet
long Cottonwood club; club not heavy
would not weigh over one pound and 9
1quarter; meeting lasted one. hour or more;
ttime between first quarrel and thes killing
i was not more than half an hour.ssg
4 J. w. Baker-Heard M'Crea say the
vote was a fraud ); Clark advanced toward
him with stick ); at the. time he was shot
Clark had one hand on ID Crea's shoulder,
and fist drawn; M'CFea Tetreated back
.lswaTd; as Clark struck hiras the stick flew
out of his hands stick about two inches
lIby four. inches IN size, and three feet long.
81 "A Payne After vote was taken on. the
i squatter question, M'Ereaz said It Nfas 9
fraud Clark said siSn was not - NJ
s Crea said 1t was q d-1sn lie.; Clark said
twas a gid d--nslie andstafted rewards
him M'Crea think. was inpthe act ol
1 drawing his pistol when CLARK preached
him, Clark was as much excited asmest men
would be under such insults; WIS one a
the, Jury of Inquest.
Thos @. Hughes prescnEaa TIE
4 openingsof the meeting c;rsasuas ia;
4 king an active part lark aIled him q I'D
told him kindly that he swss not on Della
lIwarea fandsp and had no voice Nh GTea