The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1859-08-27
Iwnch ~. I.ittleton.

SnO anu sOOltOHWOOUS IL THIS county, nave
been much annoyed by the depredations of
gang of thieves in their midst, numbering
about half-a-dozen. Chickens, hogs, sheep,
chains, plows, lumber, and in fact every
thing movable that was come-at-able in The
neighborhood was made the subject of the
depredations of this gang. Circumstances
invariably pointed in the direction of this
gang, who were never known to be guilty
of doing any work. Positive proof. too,
has not been wanting. and about eighteen
months since, squatters Court was organ
lied, and they were brought to trial
Hanging was proposed by some, but finally
they were delivered over to the civil author
tiles, which, of course, resulted in their
coming off ssscot Free Since that time
the operations of the gang have been more
bold and extended, and by their threats of
vengeance succeeded in intimidating many
of the settlers and thus preventing the pun
ishment they so richly merited. The
names of the principal members of the
gang, were as follows: Frederick w.
Mather, Jesse Mayberry, Scott Mayberry.
William Mayberry, James G. Warner, Will
Der Weber, and Frederick Serine. They
sometimes acted in concert, and sometimes
each on his Town book Some months
since the house of Mr.. Stevenson, in the
robbed during Mr.. S. absence, and then
burned. This was done fy Warner, Ma
Their and Jesse Mayberry. Shortly after,
Warner, Serine and Weber, left the settle
ment, and have not since been seen, and it
is supposed that they have left the Territory.
Within the last six weeks several cattle
belonging to different persons in the vicini-
ty have been missed by their owners, and
as the remaining members of the gang had
beef to sell about the same time, and had
nc cattle of their own, it was fair suppo-
sition that they were connected with the
disappearance of those of their neighbors.
But there was no positive proof of this and
no action was taken. A few days since,
Mr.. Albert White lost fine yearling heif-
err, and about the same time William May
berry was selling beef around the country.
Mr.. w. took immediate steps to ferret out
the matter, and succeeded in finding sufi-
cient proof, as he thought, to fix upon May
berry the guilt of killing his heifer. At
this time. Mather, J. Mayberry. and s. May
berry had been absent from the settlement
for about two weeks, and were supposed to
be at Leavenworth. Mr.. White consulted
with his neighbors, and it was thought best
that Mayberry should be arrested and tried
by the people, and punished according to
his deserts. Accordingly on Wednesday
night last. the citizens generally were mott
fed to meet atMr. Whites house, on Cole
creek, near Bakers Mill, the next NOR
ming at ten O'Clock, for the purpose of as
sisting in trying Mayberry and inflicting
such punishment as might be deemed prop
er. About daylight Thursday moring, six
or eight persons proceeded to the house of a
Mr.. Hoover, on Cole creek, in Madison
county, ] mile from Mr.. Whites, where
May berry was stopping, and arrested him.
He made no resistance. By 10 O'Clock
about fifty persons had collected, compri-
sing the most reliable settlers from the Cot
tonwood and Neosbo, within a distance
of six miles. A jury of twelve men was
selected to try the prisoner. It consisted
of the following persons: G. w. Smith,
H. T. Payne. Thomas Wilkinson, S. E. G..
Holt, Elias Pinkhard, Daniel Roe, John
Fowler. H. B. Elliott. Henry Gunekel, w.
w. Goodwill, j. F. Slack and A. F. Weaver.
The testimony produced before the jury
was conclusive that w. Mayberry, and the
man Hoover, at whose house he was found,
had killed and disposed of Mr.. White s
heifer, and that yberry had been acees-
sorry to all and participated in a portion of
the depredatory acts that had been commit
ted in the vicinity during the last two years.
After hearing the evidence the jury retired,
and after an absence of half an hour unani-
mously returned the following verdict and
resolutions, which were also unanimously
adopted by the meeting:
We the undersigned. jurors. do render the fol-
lowing verdict in the case of William Mayberry:
| That the said Mayberry is guilty of the charge
alleged, and is condemned TO leave the settlement
within twenty -four hours. and alse to leave the
Territory: and if later seen in this vicinity he
shall be taken and hung by the neck, until he is
dead dead
| It is also resolced by this jury, That if Fred
reiek W. MathsT, Jesse May6erry, Scott Mayberry,
james C. Warner, WILDER Weber, or Frederick
SeTine, are ever seen in this vicinity that we
pledge ourselves to meet out to them the same
punishment awarded by us to VIM. Mayberry in
the event of his failing to leave this settlement
and the Territory.
Signed, g. W. SMITH,
H. T. PAYNE,
THOMAS WILKINSON,
s. E. G. HoLT,