The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-11-27


have been indicted, and that an attempt will be
made to bring them to justice. With one
sided Pro- Slavery court, and marshals very care
full to guard the interests of the Slave Oligarchy
a grand jury was subpnnsed, composed of Pro
Slavery men, and the petit jurors were members
of the same party. In district where four
fifth of the residents are Free State men, not
one was called upon to sit as juryman. The
marshal would 90 into community where there
were ninety-nine Free State men and one Pro
Slavery man, and he would be sure to call upon
the one man to act on the jury. In this way
has he been successful in getting a Jury pro-
nounced sound on the goose" by the Law
and Order" party, as they style themselves.
However, Marshal Donaldson madea mistake,
and got one Free State man among his jury
men. He was challenged, however, by the coun-
sci for the prosecution, and the mistake correct
ed.
The trial commenced. -Four men indicted
for assault and battery, with intent to kill,
were arraigned before the court. The exami-
nation of witnesses was gone through with, and
the case left with the jury, and the men were
acquitted A Mr.. BANTER was then tried for
the same offence, and convicted by the jury.
The Judge sentenced him to " six years impris-
onment in the penitentiary."
On Thursday, October 20, the following named
persons were arraigned before the court for
trial on en- indictment for murder in the first
degree:"
James Fl. York, Howard York, John L. King,
Geo. N. Neff, Thomas j. Bowers, David Patrick,
Justus G.. Ketchum, Jesse f. Pyle, James
Comfy, Adam Bower, Edward r. Falley, David
Potter, Thos. Lesson, William Butler, Chester
Hay.
These were indicted for being engaged in the
attack upon Hickory Point on the l4th of Sep
TENDER. and the murder of Charles G.. NewhalI,
who was shot on that day during the fight, by
a ball that, in the words of the Indictment,
caused a wound upon the person of the said
Charles G.. Newhall fifteen inches long, six
inches deep, and one inch wide" of which wound
he is supposed to have died.
The examination of the witnesses COM
menced, the following gentlemen appearing for
the Government:
Chas. Grover, of Kicapoo, formerly of Ken
lucky; Daniel N. Grover, ditto; d. j. johnson,
of Leavenworth city, formerly of Georgia; Col.
Isaacs, Attorney General of the Territory.
For the defendants appeared Marcus j. Par
Ohio; William Stephens, recently from Mans
field, Ohio; w. P. Lamb, of Atchison, former
ly of Kentucky; A. d. Read, of Tecumseh,
formerly of Kentucky; and George P. Putnam,
Lecompton, formerly of Louisiana.
Messrs. Lamb and Putnam were both engag
ed in the defence of the fort at Hickory Point
when the attack was made by Col. Harvey. They
are both, and also Mr. Read, Pro-Slavery men,
who generously consented to appear for the de-
fence.
The witnesses were sworn, and testified to the
fact of an attack having been made upon Kick
DRY Point, and that Charles G.. Newhall was
killed on that day. They were not able to iden.
tify the prisoners at the bar as members of
Harvey's party. Only one witness swore that
one of the prisoners, James II. York, was there
on that occasion. The defence afterwards in
troduced evidence proving that Mr.. York was
at Grasshopper Falls at the time of the attack
upon the fort, and consequently could no. have
been there to have taken part in the engage
ment.
the fort discharged the first gun, and commenced
at the time. The prosecution introduced no
evidence to establish the fact of Mr.. Newhall
being shot by the enemy, or that he died of his
wounds.
The examination of witnesses concluded on
the afternoon of Saturday last.
The Judge read his charge, which he said
was incomplete, not having sufficient time to
prepare it. Special instructions were submit
ted in writing by the counsel on either side
and, after being modified by the court, were
given to the jury.
Mr.. Charles Grover then made his argument
in behalf of the prosecution, reading what he
alleged were analogous cases from the books,
and endeavored to establish the guilt of the
prisoners at the bar of murder in the first de.
gree.
He was followed by Mr.. johnson, who made
a flaming, red hot, Border Ruffian speech, ad-
dressed to the defendants; denouncing them
in unmeasured terms, declaring that every one
of them ought to be hanged.
He was followed by Mr.. d. N. Grover, in an
argument of considerable ability in the main !;
but he allowed himself to wander from his sub
ject, and discuss tho merits of the Constitution,
the Territorial laws, the memory of our Revo-
lutionary fathers, and the claw and Order"
party of Kansas. A considerable portion of
his speech was of a personal character, de-
nouncing the prisoners and their friends in the
States, for hating Slavery.
He concluded, and Mr.. Putnam made the
opening argument in behalf of the defence. re.
viewing the evidence introduced by the prose.
cution.
He was followed by Mr.. Read, in speech of
considerable force, making clear and con-
vincing statement of the case.
After him came Mr.. Lamb, who made DOW.
erful appeal to the jury, and most rigid inves-
tigation into the evidence introduced by the
prosecution, and the conclusions and argu-
ments of the opposing counsel.
After he had concluded, the court adjourned
until Monday morning, at which time Mr.. Ste
phens addressed the jury in an able and elo-
quent manner, briefly reviewing the evidence,
and the conclusions of the attorneys for the
prosecution, referring to the law to establish
his conclusions, manifesting great legal ability.
He was followed by Mr.. PARROT, senior counsel
for the defendants, who made the closing argu-
ment in their behalf. 1t was an able effort.
and reflects great credit upon the distinguished
author.
Colonel Isaacs then closed for the Govern.
ment, avoiding the errors made by his col.
leagues, of indulging in personal remarks to.
wards the prisoners at the bar. He confined
himself to his subject. After he had conclu.
ded his remarks, the Judge gave his charge to
the jury, and they retired and, after an alb.
sence of an hour and half, returned with a
verdict of "Not Guilty" Eight of the prison
ers were then released, and the rest remanded
back to prison, to await trial on other charges
found against them, and thus terminated the
first trial for murder in Kansas.
There is a difference in the opinions and
feelings of the Pro Slavery men some of them
are ultra, and wish to push matters to the ex.
treme. They will not be satisfied with any.
thing short of conviction and death of all
the Free State men now in prison others are
more generous-they wish Slavery established
here, but they want it done in a quiet manner.
without much excitement; are willing the Free
State men shall live, provided they will leave
the Territory.
During the week, Marshal Fain has been in
town two or three times, with a writ for the