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

his finger al the clerk and said, Il can
now whip amy man in town.. When
asked to explain himself he answered
to the effect hat he felt good, for lac
had rot some WORCESTERSHIRE lie
said. McNu,; had given to Scott to put
il in the safe Winner said, 'lf you
don't believe it ask Scott. but don't
tell Mae that l told you." The boys
had been expecting money several days
by each mail, and they seemed blue be-
cause it didn't come. Winner told
Ferris that McNutt would never give
him any money unless he told him
what he wanted with it. He always
thought Winner free, generous and
good-naturcd boy. After the occur
cnce of the fire Winner told him that
he and McNutt were up playing Casino
until II or II O'Clock: that he heard
the girls, below, come home: that Nc
Mutt got up and looked out Of the
| window, the chickens were Growing,
and McNutt remarked that he guessed
the chickens had made mistake in the
time. When McNutt got up he had his
vest on and had slipped on his shoes.
w. A. Richev's testimony went 10
show that Winner had come out TO his
hotel, near the depot, an hour or two
before train time: that the defendant
had set around and talked until within
few minutes of the arrival OF the
train.
Fielding Scott keeps the Southern
Hotel where, the defendants boarded.
| On the oath of December 1873 McNutt
gave him package of money to put in
the safe for safe-kccping. He kept the
money until about o'clock in the eve
ming when he handed it to McNutt in
the presence of his nephew and other
parties. Winner was also present.
McNutt put the money in his pocket.
lie thought Winner, McNutt and Post
left the house together, but was not
certain rs to that. Winner, in a jOcular
manner, said he was going to have
some of that money to open Christmas
with. McNutt answered, "Not much,
| have it now" McNutt was in the
habit of spending the most of his eve
nings at the hotel, though not all of
them, was very circumspect man
and not given TO intemperance. At
the time of the disaster Winner was
boarding at the Planters House, but he
believed there was no difficulty be-
tween them.
j. W. Hamm, life insurance agent
of Kansas City, Mo-, gave evidence of
his having issued a life insurance policy
to McNutt for $4,000, nearly three
months previous TO the fire and just
before the boys came to Wichita, and
that Winner knew of the policy which
was for the benefit of Mrs. McNutt,
and that they informed him, the agent,
that the next quarterly payment would
be promptly met.
T. +. Harris, of Kansas City, a cal
sominer, knew both of the boys. On
about the 18th December he saw the
defendant at the shop of John Hall in
Kansas City, inquiring foi 'Sevier. lie
was acquainted with Sewer; that Sc
vicr left Kansas City about that time
and said he was going to Wichita
when Sewer left he had no money but
was sober. He had been acquainted
with Sewer for seven years in southern
Illinois.
Mr.. McClecs was on the stand to
prove that he rented the shop to the
defendant. Mr.. DIbbs to indemnity Nc
Nuts pocket book and papers which
he picked up on the morning of the fire
west of the burnt building
Mr.. Geo. Armstrong had had con-
vcrsation with the defendant the NOR
ming of the fire and after its occurrence.
saw several men in the room: that he
was wounded in the head and side.
He said as he jumped out of bed he
was struck the second time. and that
as he was going from the front room to
the back room a negro cut him in the
side, when lie jumped out and fell on
the stairs. and that was the last he re-
membcred. Mr.. Armstrong had had
also a conversation with the ladies who
owned the millinery shop. Oh this
same morning. They were telling him
of the circumstances of the discovery
Of the fire. when lie heard somebody
say there was a body in the flames lie
Immediately stepped over the street to
the building and saw the body. sup
posing it to be McNutt's, he being so
told by Miss Fardy.
Jos. Allen testified to having been
acquaiuted.with the defendants, and to
having sold McNutt laudanum on the
oath December.
John Brows. blacksmith, who
boarded with Johnson just in the rear
of the burned building said he got to
the fire about o'clock, when the fire
was under strong Roadway, the blaze
breaking out of the windows and roof.
He found memoranda book, belong
ing to McNuti, near barn, some 100
feet distant. II contained accounts,
rent receipts and one letter.
Mr.. Sheets, the telegraph operator,
testified as to having sent Geographic
money order to Topeka to the amount
of ten dollars for defendant, a day or
two previous to the fire, copies of
which telegram were produced in
court
Several citizens testified as to being
present at the fire, and to having seen
the defendant in wounded and help
less condition; as to his having been
carried across the street, as to the
examination of the body by the cor
oner's jury, etc, all of which testimony
was very slowly elected. as the counsel
for the defense contested every inch of
ground in objections and the reading
of authorities and the law
VIM. Smith. present city marshal.
was put on the stand Saturday. and
kept there for Il larger part of two
day He ii was that found and arrested
McNutt in Ray county, Missouri, last
winter. His testimony was TO the ef
feet that he was sheriff at the time of
the supposed murder. and the defend
,nt ,vos l., his charCa that whom first