New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-25
New1lork DAILY @iba,re
KANSAS.
TIE HOMICIDE AT LAWRENCE


The Territory sgt james ii. Lane Tor the murder
of Col jenkins, was resumed this morning bef.re
Justices Ladd, OltsrsOn and SOule. Gen. Lane
and the counsel or both sides were present. TIE
prisoner appeared TO be in good health and spirts.
Ray Green, recsled-Mr. jenkins said, when told
that Lane gave the order for 10 gorIuDd 70 the front
gate, be wOul no. give himself .ny such trOubs-Le
had made the rev gate for bis Own use, or words TO
that tffec' was about % 80 feet from Lace when
bred at BIN; | ffed one shot ony Lane "es perhaps
some seven or tigat feet from toe back part Of his
house when he fred at jenkins wss abou' % or b
feet, was not over four feet from Jsnktns; am no
sconsiDed with Tbos. Gesi his house ten or fifteen
Isds fcm Lanes; there IL well OF water ct Mr..
Gsst's.
BY M. Stsrton-M- Gest's well is faythsr from Jsn
kpss than .sa. near Lanes house, do not pretend %
good Judge Of distance; when ] spoke of hsving
water ~ any haz ara, )" meant . say Ia =.
gOipg to have water pescesbly Il We cJulj, forcoy
IL We must; that we woui disturb any who would
disturb u.s. not other Hise.
IMr. Stanton made ipqririss as to the meaning Of
tho be Ole snt 70 imply thst hs would
act only D tek defense otherwise t. force az
tressiVely or strictly 10 self defense 2
Gil Young OBJECTED. Objection overruled.
The witness said he meant 10 use force q sefde-
feDse only.
CT Yourg again objected DO to the ans yer and
the manner Of asking. Legal fencing again.
The witness was told 20 give the answer in his own
WitSess-I meant by the phrase "psscsably if va
fschtd there would be trouble, bat ii we're We
would set in ssn6efense; fred az Lane The st time
pulled the trigger; the second time did not revoVe
right, AID did not g. oil.
BY Col Youog-We had TO pess over ab out ten
twelve steps of plowed grould ioto Lsne's yard 10
gong TO the well by the back este; / dom knjT
whether there was anything planted IL tae groand; l
thoueh there potatoes planted there; tended
10 get the water by force if any One Dped pre-
vent M; i have not been communicating to other
here. '' '"''' ~ Wv 0''' . " "
Henry w. jenkins, svorD-I aID nephew OF Gsus
jenkins AID present the occasion OF his DEATH
Oh the Sd Of JUICE, about o'clock, Te vent over 70
get some water at the well in the mcl)sure Uh5re
Lane lives; when we got about tlree rods the way
Green said, " Don't we want the ak 70 kaock down
tbe gate :" uncle replied to me, Henry, you ruo
back and get the OK" old so and thea overlook
t6sm again / went behind uncle; Green came next
snd Dufur last; we walked in Indian fils uiddlDg
oose 10 eEch other after We got about hall the way
saw Lane at the east door Of hs house. standing look
ing at ne; We said nothiDg-jast went 90; l don't
know whether tie others saw Lsae; af-eF We got
pretty lear the hen coop, Lane walked out toward
~; uncle put the rife down behLd tho hen coop,
about three fee from the crner OF Lane lot; Li1e
met about three rode off; hsd the Ak 10 my hand;
Lane said, {" III shoot you, jenkins, if you come IN
the yard" then hit the gate two or three bl)ws,
and thea uncle took it out Of my hsndi while he was
in the act of knocking down toe gate Lane repeated,
III shoot Won if you come in the yad;" Mr. Jenkins
said No more Of tha,;" just as he got IT about
knocked down. Lane started for the house after the
guU; uncle about through when Lane came ont
wi b the gun; the gate was nailed Up very tighs;
Lane ssid sgain, I'll shoot you;" uncle replied,
{" You know your duty" think uncle had stepped
asi,e when he said this, but am not positive; alter
ne had advanced thirty feet or more Lane drew up
his gun ard fred; a second after, perhaps more,
JeI kins fell ri he'd up to him the mo nent ne ieh;
thought be had been shot by bullet; uncle threw
the down by the gate when in the act OF gong No.
- al mar m %
picked up the ak when uncle u rev it down. but am
NOT certain wss so excited uuce fell on his elde
dead 10 bis track; l rushed up and put my hand on
HE breast wss standing at the gate when my uncle
fell; Mr. Green, think, followed in after HIN, KIND
Of on hs side, but sm not 30 sure OF that as was
noticing uncle and Lane; was the first person to
reach his body after no fell rolled him over on hi5
back his wife, / think, was the second person VINO
can ND TO him; Ropes came with her, or shortly
after-I will not swear which, before aunt came, L
ran for her and hollefed; saw her coming, aud cry,
ing, "Is be killed." then went back to my uncle
tore open unces shirt, and helped to cary nim home
as far as could judge, the last moment he showed
sens Of life was when fret got up TO hun; he ap-
peared dead even then; the blood gushing out of
bic mouth; we carried him-thst is, Ropes, amt,
Lanes hired mar FAMED Gates think, and myself-
home and put him the floor q his BEDROOM;
few nome nts after that started back for the pas,
and bIOuRh t them home; before we started fOr the
water went over with q message TO Lane; Uncle
said " suppose it is best 10 let Lane Know We are
coming after water, and said to me, Henry You had
better 90 over to tell him; went over with the mes-
sage and delivered it to Lane went to the west oooI
and asked his daughter If Lane was in she SAID
Yea; said l wanted TO see him moments be came
to the door epd stepped out; told tim that Mr. Jen'
kips ad Mt me TO tell him that he was coming after
water; whel eupon MIR. Lsne replied that he had no
water for jenkins, and that he wanted him 70 Keep
ont Of the yard then started and went back to the
house and told uncle what Mr.. Lane mad said; here
pied that be had seen whole families that way, or
something TO that effect.
Q. Do you know why your uncle you with that
message to Lane A. do.
Mr Coo read authorities TO show bis right to know
vhy jenkins sent that message. 1t might be MADE
nont IN the defense that jenkins had sent hlm oen
nncs while be wished to show that Il was the oppo,
ste-that jenkins had acted In everything IN sooo
MI Ewing insisted that, as Nj. Jenkins was not on
trial but Iane-as it was not TO justify Jensius
but TO find the guilt W any, OF Gen. Lane, tnat ,lis
nvt site alton instituted any threat OF
of jenkins which reached Lane is testimony; Apy
act Of pre- arstion JeLknss part showing tnat ne
did did not intend to have water py ioice Is roe
want but the motives of Col. jenkins OF which Lane
could know nothing were utterly Irrelevant.
COL Young sustained the same point.
Mr. stanton rebutted. The tact OF the message
having been sent TO Lace drawn out by the crosi
exsnlation, and evidertly intended to be part
Of the deierse Nov, he held every thing tending 70
explain important fact bearing on toe case was
undoubtedly relevant. lie wished TO show that Jen-
kins acted in good faith ard as good neighbor BY
drawing supposed case lwhica the prosecution Ia
tend believe to establish by evidsnce) he demon.
srated the importance ana relevancy Of the testimony
sought 10 be adduced.
spirited de bate ensued between Messrs. Ewing
and Col. Young and Stanton.
Col. Young man,ained that the prosecution had no
the Court had nothing to do vita the motives Of Jen-
kim.