The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-06-04

winch mas Decn taken. IN s"'"r "'"'
time.
The Jury was called and the v'unty
attorney stated his case as i,,iuws 20
the jury:
He said the nature OF the Charge had
been stated by the court. That On the
morning OF The 25th of December last
al 1-2 story frame housc on Main street
in this city was discovered To be on
fire that as the floor fell in The bouv
of man was seen TO fall through dead
and burned beyond recognition; that
Winner and McNutt occupied the two
upper rooms of this building for sleep
ing and paint shop: that they were
known to be in the building that night:
that on the discovery of the building
on fire Mr.. Winner was discovered il
semi-lifelcss state laying at the boz
tom of the outside stairs with his feet
laying up the steps; that he was bleed
ing, and that he claimed he was cut up,
or killed with knife, that lie was car
ried and laid near or leaned against a
pump: that he made contradicting
statements: that upon an examination
of these cuts they appeared TO have
been done by sharp instrument, but
that they were not dangerous: that he
expected to show that these young
men were formerly from Kansas City :
that a short time before they came to
| Wichita McNutt had taken out a life
policy for $1,000, upon which he paid
the first installment. and that the Sc.
cond payment was due about the time
the murder occurred; that Winner had
claimed that he last saw McNutt in bed
that night; that during the night he
had been struck in the dark, after
which he knew nothing: that after
the body had been recovered Winner
professed to recognize it as McNutts
body: that about week previous to
this occurrence Winner went to Kan
sas City on business where he engaged
Sewer, alias Tex, to come down to
Wichita: that he expected to prove by
Kansas City men that Winner had been
lnquiring for Sewer and that he said
he had some news for him: that Sewer
and Winner were at Topeka together :
that Sewer got left at Topeka, and
that the defendant telegraphed Sewer
money order to Topeka and asked
him to come on Immediately +; that Oh
the night of the murder Winner went
down to the Richey House, near the
depot. and stayed until about the train
time; that Sewer went to. the house
with Winner: that McNutt was not
burned, and that he mysteriously dis
appeared until he was brought back
under arrest that he had been found
in the state of Missouri, out in Ray
county. where he was working under
an assumed name, and that when he
was arrested he remark ed. "Well, You
have got me at last" The county at
torney said he expected to prove many
details not mentioned, but that these
were the main points.
Thomas johnson (colored) was first
sworn. lie lived in Wichita last De-
cember, knew Arthur Winner by sight,
knew there was building burned on
Christmas morning, the 25th of De-
ccmber: resided second door north OF
the burned building. The first thing
he noticed (he was in bed) was a moan
ming and grooming which wakened him
up: he turned over, saw the reflection
of the fire and told his wife there was
fire. As he jumped mp in his night
clothes he saw that it was the millinery
shop, occupied by two young ladies
down stairs and McNutt and Winner
uD stairs: he kicked the door open
when one of the women said, ''For
Gods sake help Us, the house is alire. y
he started back to get his clothes when
he heard groan and, looking around,
saw Winner layin" at the bottom of
the stairs. bleeding. In answer TO the
question Are Won hurt = Winner
answered, "Ies, take me away from
here, they have killed me: tor Gods
sake take me to the Sherman House"
He appeared to be very timber, so he
set him up against pump and told
him to set still until he had his clothes
on and he would help him. Winner
had on only a night or top shirt.
He was cross-examined by S. NJ.
Tucker. His house was only few
feet from the burned building.
Miss Annie Fardy. one of the young
ladies who owned the millinery goods
in the building that was burned, next
testified that the building was n story
and half. that Winner and McNutt
occupied the building:-herc she re-
cogniZcd one Of the prisOncrs-thc
first thing that attracted her attention
was the cracking Of the fire while she
was in bed: she heard moaning which
she took to be upstairs she sprang up
from her bed and ran 10 the front door.
Ii was about three o'clock when she
retired: she had been to the Masonic
ball; she heard conversation up
stairs when she got in: she also heard
a soft walking upstairs, like somebody
i'm their bare feet. back and forth. Mr..
Winner was in her room in the eve
ming. he was borrowing pair of scis-
sors: she saw McNutt about ) o'clock
the evening before: she thought she
heard some one say Get out girls, the
house is on fire. and at the same time
a knock on the stove pipe, which was
after the first alarm. She saw Winner
carried across the street and had con-
versation with him to the extent that
Winner had asked her if she had seen
McNutt: that he wouldn't care for all
he had lost if McNutt was safe: he had
told her the day before that he was 60
ing To the train TO meet n friend. who
was to give him some money, but that
he had not gone as he intended: she
had known McNutt by sight before he
came TO Wichita.
Cross-eXamination by :. NJ. Tucker:
When she returned home that night
she heard talking upstairs, but could
not understand what was said or who
was talking: the first sound she heard
after getting to sleep was walking up
stairs: she went TO sleep again and