New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-27

looked beck and again saw the man on horseback
stopping behind Q buggy with man in it. Just
after be heard a pistol, but as be was then down
by the creek behind tree he could not at that
moment see the buggy or the man in it. After he
heard the pistol he did not again look back, and
soon after be went home and told his sister. He
never saw the man on horseback before nor since
that be knew Of. He did not see any man in court
dressed as be was, and did not think he should
know him again.
James Tate, who was returning that day from
Leavenworth, where he had been with load Of
hay, vas overtaken by Fugit, mounted on bay
horse and with pistol in his belt. He demanded
Of the witness and the man with him how they
wereon the goose I" The answer being, all right,
he said /" that was the way to talk it, b" and that
:" he was after the men who were not goose men. "
Fugit stopped at Wsllaces's and got of. Witness
went on, and about mile from Mr.. Wallace's, and
half mile from the bridge-this witness makes
| the distance longer than the others-he met man
in buggy. Prisoner afterward passed him again
about two miles beyond Wallace's. Witness was
then stopping in the road. Prisoner passed him
"on lope" (or canter y. Witness said, ." Hur.
rnh for my goose man - Prisoner replied, That
right, by God - Witness saw nothing in his hand
but q little bush, which he did not have when he
first saw him. When he saw him this last time his
knife rds in his boot leg.
II. G. webbing, who appears to have been
stage driver, was that day. and about the time of
the murder at Walkers Springs, four miles from
Lesvenworth on the Lawrence road. He and
the passengers had gone to pick plums-only lady
remaining in the hack, when man rode up and
spoke to her and rode off. He had on hight hat
and blue or gray shirt, and belt round him with
arms, and was mounted on sOrrel or light bay
horse. The witness said he knew Fugit when he
saw him, but did not know this man. Coming on
toward LeavenwOrtb, he saw blood at the bridge,
and at Wallace's the body of the man killed.
What distance this witness was of when the man
rode up to his hack, or what opportunity he had to
see the man, or how familiar he was with Fugt's
looks, did not appear.
1t was ahown from the testimony Of Edward
Rawlins and Hartford T. Clark that Fugit, as well
as themselves, was member Of Millers company,
then encamped between LeavenwOrth and Law
renee. hdWllQS saw ulul o. LILO CoihP shCAo "oVus
eight O'Clock of the evening Of the murder. Clark
saw him that day at the Leavenworth Hotel about
noon, and at shutdown about three-q quarters Of q
mile beyond MiIers camp. He lad o6a black hat
gray or blue mixed shirt pants in his boots, bowie
knife in the leg of his right boot, revolver in bis
belt, po,eder.horn flask scung across his shoulder
and hanging on his back; the Poud~-horn nearly or
entirely rhite. At this time be was crossing from
the Lawrence to the LecOmpton road, about three
miles beyond Wallace's. Witness and others joined
Fugt, and they went together to Miller's camp.
Riley, one of the number, lieutenant in Miller's
company asked Fugt, "What did you kill that
man for'" He did not appear to care much about
the question; did not ask anything about the muir
der; did not even ask who it was, nor where it
was. Witness had never seen Fugit since. This
Witness being subsequently called for the defense,
stated that Fugt replied to Riley that he had not
killed anybody
1t was further proved that at the time Of hi,
arrest the prisoner hid himself and gave false
name.
A witness stated that he was present last Winter
at bis unce's house near Platte City, Missouri
where he heard man stating to his uncle that it
was he, i. e. the speaker, who killed the man in
Kansas and scalped him. This conversation was
in another room, and witness, though he heard him.
did not see the speaker. He was told at the time
that the man was Charley Fugit but this proof
was rejected ON the ground that there was no evil
dence that this man was really Fugit.
Such was the case against the prisoner; so strong
a case that his counsel set up no defense except
some bubbles about the suficiency of the indict-
ment, which were overruled by the Judge. The
case was submitted to the Jury about o'clock Sat
urday evening, and the next morning Sunday
they returned verdict Of acquttal when the
Judge ordered the prisoner to be discharged, and
he left the city few moments after on a steamer
bound down the river 1t is perfectly easy to I'M
derstand this acquttal. AS all the jurors proba-
bly,, $nd most of their friends off the Jury, had
been engaged in outrages against the Free-State
men, not so violent in degree, perhaps, but still
equally illegal with the murder of Hops, they did
not dare to give the example of holding anybody,
not even such Ol-bloOded murderer as Fugit,
responsible for anything Of the Sort Here iss fair
specimen of the boosted justice and impartality to
be expected by the Free.State men of Kansas so
long as the administration of the Territory remains
in the hands of its present possessOrs.
-.
The latest NapoIe onic usurpatiOn re;;nacted the