The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-01-15

and believe was appointed BY him. Hs
vas not punished for the crime committed.
knew the facts in regard to the scaJPing Of
Hops BY Fugstt, was on the grand jury
when Fugett vas indicted: do mot remem.
Der the names of the Witnesses, Fugett va
not convicted.
CHARLIE HELM after :beine, sworn wa
examined in relation to the conduct Of LIE.
compile while acting - U 8. Commissioner.
He testified % follows:
Have read the alleged libellous article in
the TINES, in the DIETRICH liquor decision,
was council for the defendant before lie.
complies court, did not think the case was
conducted fairly. Geo. T. Anthony, collec.
tor was allowed to nay and do what he pleas
ed, BY the court. His advice governed the
action Of the court in a great degree.
At the suggestion Of the collector the case
was sent to the Circuit Court, when accord
ing 10 the Law il should have been certified 10
the District Court. thought my client un-
justly treated and made to bear unnecessary
expense. 1 gave the facts in the article 70
to the editor of The TINES and requested
him to publish them
LOUIS WE'LL, being duly sworn gave the
following testimony: Know all about the
troubles in 1856. Remember of the scalpine
Of Hops by Fogeett. Saw Fogett shortly
before the deed was committed. Was pre-
sent during his trial. The defense of the
prisoner was such rs to throw impediments
in The way Of the prosecution The jury was
packed with pro slavery men. The pFosecu-
ting attorney did not seem 10 care what was
done. The prosecution was not what il
should have been. The whole course of the
court over which Lecompte presided as
judge was such n to clear the prisoner
whether guilty or not. Do not think that
ustice was done.
JAMES FRANKS, being duly sworn tests
fed ~ follow: Came to Kansas in 1855.
Remember the session of Leoompte Court at
Delaware. Was driving hack for one Quinn
at the time. Took woman who wanted
divorce out 10 the court from this
city. Lecompte presided and McMeekin
nov Of Topeka was sheriff and marshal.
McMeekin came into court and asked the
judge to adjourn 30 that the boys could go
over to Lawrence, where a fight was going
on. All the parties attending court were
aroused. 1t was not safe for man to be
without pistol. The court did adjourn in
obedience to the request Of the sheriff. Did
not ask how long it had adjourned for, being
anxious to get away, as the border rufians
were very thick thereabouts. Returned 10
the city with the woman who did not get
her divorce. Was glad to get back to the
city safe.
COLE McCREA was the last and most Ian.
portant witness examined. Having been
ground through the mill of oppression he
was abundantly able to speak the facts of his
bitter experience. He testified ~ follows:
Came to Kansas early in 1854. Was law
yer By profession. Presented my credentials
to Lecompte's court at the same time with
Phillips, the E,an who was atferward alb
Quoted and tarred and feathered. 1 was ad-
mitted, hut Phillips was ruled out on &C.
count of his free State principles.
When l became aware of this
act refused to receive my certificate from
the clerk of the Court. Phillipe was adj
mitted the next day. was subsequently
thrown into prison II the Fort for shooting
Malcolm Clark. There..I was protected from
mob violence BY United States troops. A
writ Of habcas corpus, signed BY Judge L.
compte was presented to the commander of
the post for my release. but rs 1 had never
asked for such . wris, and knowing
that it Vas presented only TO get possession
of my person and hang me BY mob violence;
I told the officer 90 who returned the writ, and
doubled the guard about the place where 1
was confined. At the next sitting o. the
Grand Jury they refused 10 fiad b',i against
me, but were almost unanimous for finding
q bill against the abducton Of Phillips.
When the foreman Of the jury stated 10 the
Judge how matters stood, Lecompte seemed
much displsased and reprimanded the fore
man. Finally was indicted for murder.
Through my counsel, asked leave to chal-
lenge the jurors, who Were all men dead set
against me. One Of the juron had shot
me through the mouth, and several Others
were determined on my death. Judge L.
compte would mot allow me 10 challenge the
jurors. This action of his can now be found
in the records of the courts for that year.
After this decision. he adjourned the court
for forty days. and before the court convened
again, The jury vs changed BY The substitu-
ton Of new men. I vas net allowed 10 speak
for myeelf in The preliminary examination.
1 vas, in Consequence Of the action Of the
court, not granted . speedy trial. Remeu-
ber Of other instaDoss Of the injustice Of
Lecomp.e. Saw John C. Posey, Mexican
soldier, shoot . man in Lecompie's court
room door, and never BE- held 10 answer for
il. Remember that the Judge said 1t The
time that be had nothing 70 do about Il.
knew Lecompie 10 be . tool Of the border
rufiana, and in deep sympathy with them.
A cross examination Of NcCssa b. The prose-
cution did not shake his testimony in the
least, bot only served 70 make Il stronger.
Aud thus ended the second day Of Le-
conpae's misery.
This morning. Il . O'CLOCK, The examina-
ton will be continued. Several Important
wiinsDa are yet tobe examised. Judge L.
comps vim Be plseed spoa he stand him.
III, and nads 10 tasiiiy - b he dseds CON-
niiaed in those dark and 10 dy dsya II.
Milss Moore viii give his tsleinooy, and Col. /
A.thosy vili psuhahly clo.s The liz Of vii. |
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al depeads O TIE lengsh Of time the wind
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famD DAY.
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