New-York daily tribune., 1858-07-02


Col Young said that he did not nov resd the law
books; he got all his legal knowledge BY absorption
by sleeping on them; put he could produce az many
authorities the gentlemen on the other slde IL ne
did rot be said, be woud do ike the girl" give In
NINTH DAY.
LAWRENCE, Wednesday, June %, 1858.
The Court opened At o'clock. The counsel for the
defense announced that their wss closed and called
on the prosecution for their rebu.tir tsemony any
they bad.
Mr.. Stanton announced that they would introduce
Nr. Dufur, enc Of the hired men Of Mr. jenkins, who
was present at the sffray.
Col Youpg obj cted. Dufur, he s.d, wasone Of the
copspirstors, and no. competent as rsbuttDg witness
Mr. Stanton said that they had no right TO examine
Dufur he admitted TO the general facts OF the csse
but certainly they had the right TO intenogste
him as to particular crcumstsnces-ss, for exam
ple. who fred first, ard how maoy Of Jenkins 8
companions armed in order to rebut the new eV
dence OF the defense.
Mr.. Ewing AID Col. Young srgued the law points on
the opposts side MI stanton sgsin replying TO them
They iept up 8 running fire Of an hour or more.
The Court dec ded that rebuttipg matter may be IN
troduced to the entire subject mater OF the defense
but that no new facts could be produced and that
the Court could permit ne facts afer tne srsu-
me,t Of the case, in the furthsrsnce Of Justice.
Before Mr. Dufur was sworn, the following note
was entered by the Clerk:
fact i..sS d Dy The .se. cGs.s s been; as %
Ss s1s@Ss,ion for The pro.ecotion returned .na
,os .sS The S ssi. in it, defeon exclude wse
Gen. LaIe seid ne desired that every witness on
the part Of the prosecution should oe s,amned; tna
in way that sny could say that he Wa saved by
the ruling cut of evidence.
Mr.. Dnfur-I have heard ro portion of the evidence
given in CouIt; was at the window few seconds
fonki for n e. n
syllable of testimony; have had no conversation with
Green a. to the particulars or nsture OF his tsst'-
mory. ,-,
Were you presen. VIXEN Jenkins was kil'ed,ho"
many persons were present, and who were they
Mr. Ewipg--I object TO the witness answering these
questions, because the prosecution cannot return to
res guesta and because the effect is to repeat the
testimony of the prosecution already presented
Overrusd because it bears on the suDecs matter OF
defense.
Wltuess-There were four Of US; jenkins, deceased,
and nephew, Green and myse!f; i entered the yard
first after jenkins shot; did not enter 1t before;
and outside OF it: had Whatever; there we're
only three shots fired Lane first Mr.. Green next, my
O. Was there sny attempt to FIRE by any of the
Col. Young-Now can't stand that; your question
puts in the mouth Of the witness the answer you want
him TO give.
(SparIirg between oouDsel)
Objection moved By any attempts
u.msssssI, nor Of any explosion Of csps; ies1d no
sound Of exploding caps 4 hsnsd To- tss sd Henry
.Jenkps from the beginning to the end OF the anrsy
never cred any arms did nothing but carry the AZ 70
the gate; was standing at the hen-cosp when Lane
fred Lane when We got mere n ~ b,esting
down the gate; Lane said jenkins, don't come into
ny yard" or words to that amouunt; jenkins said,
"ro more of that" ,.
Witness-Never cav Lane move his hsn1; he did
not raise the gun more than once; Gen. Lane took
position between the well and the house, little IN
advance toward the well, before he fred the gun the
Jerkinss hand who breaking do Tn the gate; did
not see any more that day. cant say wnetner mr.
jenkins carried anything into that Win MN mr.
jenkins walked along the psth which leads ooth 70 tne
house and well Mr.. Jenkins put down his SHARP q
rife at the hen.coop l stepped a few steps TO the
north of the hen.c0Op, when saw Lsne fire. re-
turned to the Sharps life and fired aimed 70 hfe a..
MIR. Lane; can't say whether MT nim OF no.i ola
net take good AIM did not pat to my shoulder just
took il in my hand and fred as had not time; wes
yery much EXCITED Lane turned and went toward his
house after he fired saw Mr. Gates Try 70 Ret into
the bouse latter returned from Jenkneslj JUST es
Mr Ropes was coming from Mr. Nute's Tor warer
Gates could lot get in the door was In some
way noticed Green after he entered the yard 10 my
knowledge he had a revolver; saw tae pistol 10
Green's had when we kfs the mouse; oid no. gee II
kept it, heard the report Of Green's pistol immedi-
ately after Lane fred, and as ! was getting the
Shsrp's rife; thus employed, / did not zee Green
fire. the only threats heard Lane use were an order
to jenkins not TO come into the yard was present
few days before when Mrs. Lane aud Jenkios had a
eight alteration at the well; don't reeollect the
precise expression made by Jenkins to Mrs Lane ou'
lie seid, when she told him he came during he nus
han absence that he was not afraid 10 come or any
man; Oh that occasion found tie box over the
well; jenkins said let us upset ii Mrs. Lane came
out Of the house and requested him, as gentem sn,
10 ait till MIR. Lane came home, and accused hid OF
coming there in Mr. Lsnes absence Mr.. jenkins said
he was not afraid to any man; Mr. jenkins ssld,
don't know what busines5 you've got in tns mouse
Mrs Lane said, l don't know what business you've
got in that other house MIR. jenkins said TnSt house
cost g more money than any house Lane bought-re'
terripg probably, to bs own house, Mr. JeRhins then
walked to TIE woodpile, picked up an az and raised
it; MIS- Lsne caught hod OF hlm, ara sA1d tast was
her ak AID be could not it for tha. purpose he
the threw it back the woodpe, and sent ne 70 Mr.
Nutes TO borrow ore he had raised the ex TO brea
open the box when Mrs Lane said to Mr. Jenkins not
to ccme when her husband wss absent-to wait I'll
ter wait; says he, Welt then after my return from
Nute's took 1t back.
AFTERNOON SESSION.
Mr.. Dufur-hrs. Lane said. You are no gentle
man." Sc; when jenkins replied, "If you say 81 you
ere no LADY," recoeot no threats being made ct the
well; l saw Mr. Gates come Up and stand a, tie wei
ust before We left; do not know whether he haa been
within hearing or not.
Cross exsmination-I lived With Mr.. jenkins at the
time he was killed; am his sisters son; have lived
g: bis widows tilce he was killed Rsy Grsen and
Henry jenkins have beth lived at the same place with
Mr.. JepkIs since his uncles death; have not con-
versed with Ray Green or Henry jenkins about tne
affray stree this tia commenced: saw Gaius Jepkns
on the day of his desth requested me - 60 TO
Lane at the tune; ! merely wert as q spectator; /;
nd al in