The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-07-03
implying that he was going to have water
.e >. L.. =. -t.s.

By way ofTebuttlng testimony, the pros
ecution produced
Henry DUFER.-Was one ofthe young
men who accompanied jenkins; was un-
armed stood during the affair, two or
three steps towards the gate from the hem
coop outside of the yard was not In the
yard at all until haitian hour afterwards;
three shots fred in all; Lane fred first
Green next; | last; / stepped back when
jenkins fell, and fred Sharp,s rifle at
random, without sim /; as I stepped back
/ heard shot which / supposed to be
Green's. Did not see Green fire had my
side turned to him in going towards rife
Henry jenkins was at the gate had my
eyes every moment on Lane; he came
out with gun, and said, jenkins if you
come another step FL shoot you;;D did
not step back at all his position when he
fred, was little to the north and west
of the well Green had revolver; this
and the rife were all the arms I came
over the last one of all was not near the
hen-coo with any purpose to get the rife,
but because was behind the rest: was
present at the interview between Mrs. Lane
and Mr.. Jenkins at the well; saw Gates
there two or three minutes before we left;
Jenkins attempted to knock the lock off
the well Mrs. L. requested him to de-
sist; / said "uncle you had better - he
said awell;" threw down the axe and
went home. Before this, Mrs. Lane had
| told Jenkins that he was no gentleman.
J. replied, "Mrs. Lane if you say that,
you are no lady,"
The counsel for the Territory also pro-
duced
EDWARD E. RoPEs.-About one O'Clock,
June Sd, was sitting at Mr.. Nute's win
down. the back kitchen, in the adjoin-
ing enclosure to Lanes; heard con-
fused pounding towards the west fence of
Lanes yard then heard alteration of
voices for minute or so then heard a
voice, apparently that of jenkins, say,
"you know your duty ;" shortly after
that report of shot gun, followed by a
groap, or something between groan of
pain and heavy snore went to the
window saw Lane come out from behind
the stable which intercepted view; was
partly turned around, looking; between
the time | first saw him and his getting
out of sight behind the corner of house
heard two shots /; Lane started up quick
er and went into the house. Istarted for
the yard saw Jenkins lying dead on the
edge of the ploughed ground /; Henry
Jenkins was there and Gates came rolled
him over and Henry and Gates and
Mrs. Jenkins carried him home; when !
returned, saw the axe six or eight feet
back and to the left of the body; did not
see it before the window of the kitchen
is thirty-fve or forty yards from where
this occurred.
The counsel for the Territory also swore
Rev. Mr.. Mute, as to an interview between
Mr.. L. and jenkins, at the well, about a
week before the homicide; from this &C
count, it appears that J.'s conduct was, in
no respect, uncourteous or ungentlemanly
The prosecution also produced six or
seven witnesses, who heard Lanes nara
tive of the occurrence in his house, at
several times, from fifteen minutes to two
hours afterwards, from which it appeared
that Lane admitted, and said in answer to
questions, that he fired the first shot -
that as soon as he fired, two shots were
fired at him, one passing near his body, or
cutting lock of his hair. On the other
hand, the defence brought two or three
witnesses, who heard Lane say, the same
afternoon, something different from that !;
that one shot was about the time of his !;
could hardly tell which was first, &c.
The prosecution, in conclusion, pro-
: dueed in evidence, the clothes worn by
} jenkins at that affair, the axe with which
he broke down the gate, and the pistol
which Green used, from which the follow
ing facts are rendered absolutely certain,
and beyond contradiction:
/. That Green fired but one shot, and
if there were no other arms on the ground,
except a Sharp's rife, then there were but
two shots fired by Jenkins party, as all
the witnesses of the prosecution agree.
2. jenkins had no axe in his hand when
he fell, nor were his arms raised when he
was shot. Had he held the axe in the po-
sition described by Gates and Others, or
in any similar position, it is absolutely
certain that the ak and handle would have
received some shot, and would have left a
portion of the body untouched, by being
covered. The position and direction of
the shot in the arms, show the same facts,
beyond all possible dispute or doubt.
And we may safely say that all the cir
cumstantial evidence in the case, confirms
the testimony of the prosecution. The
attempt, by the defence, to show any other
purpose "a Jenkins than to get water, has
utterly failed and the attempt to throw
discredit upon the witnesses of the prose
cution, has created as much uncertainty
as it has cleared mp. The witness Gates
so successfully impeached himself, that
any outside assistance was quite unneces-
isary. With the exception of Gates, the
eye witnesses for the defence were at too
nraat q saistanna to have accr1rata knn,v1