The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-07-03
The Examination ii Gen. Lane.

aioiiS iOl W. "CCAS anu HUft, ID C4occu.
We have not published full report of the
testimony in detail, intending, when the
whole case should be produced in evil
dence. argued, and the judgment rendered,
to make proper review of the whole !;
and, as an honest Journalist, to make such
observations upon the premises as the facts
and the occasion seem to demand. Some
of the main facts, as they appear in the
testimony of the prosecution, we have
given our readers before.
The evidence on the part of the defence,
in its effect, or intended operation, may be
reduced to these subdivisions
/. Evidence designed to impeach the
credibility of the three principal witnesses
for the prosecution, by showing that they
had made statements differing from their
sworn testimony.
2. By callingseveral witnesses who state
the facts differently from the witnesses
for the prosecution, in two principal points.
LIST. Who fred the first shot on that
occasion-Lane, or some one of the other
party; and,
ID. Did Mr.. Jenkins have an axe in his
hand when he was shot. Indeed, the
principal object of the impcaching testi-
nony is, manifestly, to throw doubt on
these points.
Having said thus much, it will be proper
to give our readers, in a condensed form,
the important facts sworn to by the prin-
cipal witnesses on the side of the defence,
and of the prosecution, by way of rebuttal.
EDWARD Misunderstanding to this
witness, Green said they (meaning the
three young men with Jenkins were all
armed: that jenkins said, at the gate, to
his young men, Let US rush on and cut
down the damned villain;" that if his
pistol had gone of, Lane would never
have shot Jenkins; that the face of Jen-
kins retained scowl after death.
IL. SIMMoNs.-According to this wit
ness, Green told him, an hour after Jen-
kiDs was dead, that he was still living;
that Simmons asked the question know
ing him to be dead; and that his party
fred three shots.
SCRoGGs STEWART. - Henry jenkins
said his uncle carried the rifle to the
ground and Green a revolver; that all
were armed, except him; and he had an
axe; uncle took the axe inside of the
gate.
A. j. MCLowTH.-Henry jenkins said
his uncle had a pistol in his pocket; axe
in hand, when shot; a settled frown upon
the face of the dead.
JAS. F. WALKER.-The substance OF
this witness testimony was, that Mich
OILS, the last tenant in the house occupied
by Lane, Succeeded him and came in the
oath March last; that he left the 18th,
and Lane came in as boarder with Mich
OILS; that he rented the same premises OF
Lane and occupied them from Nov '57 to
March SO, and Lane boarded (causually)
with him some of Lanes effects were in
the house during this time that one or
two of the tenants preceding him, rented,
as he supposed, of Lane; for few days
last winter, he stopped neighbors in the
use of the water out of this well.
R. D. misunderstanding to his own
testimony, rented of jenkins and Lane
both; a written lease of Jenkins, reserv-
ing the use of that well, dated March 25th,
the day Nichols got possession of the
house; had heard threat of jenkins
that if he caught Lane on that claim, he
would take him by the coat collar and
put him of.
SAM. Notwithstanding to his evil
dence, one or all three of the men said
they were all armed when they went
after the water. Walker asked Green,
didn't you go there to get water OF
fght?" Green assented. Green also
said if his pistol had gone off the first
time, Lane would not have shot Jen-
| kins.
BENZ. E. GATEs.-Is Lanes hired man
witnessed this homicide Jenkins came
to the gate, and commenced to cut il
down; Lane forbade him; j. said he
should cut it down, and cut him, too, il
he did not get out of the way jenkins
entered the yard Lane went into his
house, came out, and told him not to ad-
vance; retreated himself q step or two; he
raised his gun; there were three reports
of caps. or discharges Lane fired jenkins
fell; Lane turned to go into the house
shot struck him in the knee; he quick
ened his pace other shots; Green rushed
back to the gate and fired gun; three
young men were all in the yard, on therighi
of jenkins, on plowed ground, all armed
with pistols all fired jenkins did not
say any such thing as Rush on and kill
the damned villain - he said to Green,
"Come on" Green carried pals. but left
them at the gate, and followed Jenkins in ;
Gates, when he came to the body of Jen-
kins, saw the axe about ten or twelve feet
from his head, TO northwest; had con-
versed some with Lane about the affair
heard his statement number of times,
possibly ten !; heard him read paper.
headed, James II. Lane, being duly
sworn, deposeth and SAITH" containing
statements about this affair.