The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-09-14

about p. n. that the night was very
warm; he and his wife got up soon after
and made their bed down in the large
room where Mann and family were sleep
ing; that he put part OF his clothes on be-
fore he changed beds; took hold Of de-
ceased between feet and knees and help
ed move him from the boards; saw de-
PENDANT that day in the corn field, and |
asked when Lutz was coming back; he |
said that night; was brought to town the |
day after he died and was locked up and |
remained till the next Tuesday; had some |
blood on my shirt on day OF his death -
heard OF defendants arrest last time;
1 was arrested in Douglass county, on
Monday, by Kingsley, and remained in
jali until Friday; rent . part of the LutE
farm.
Geo. b. Cooper stated that he washed
deceased and found two bruises on left
side; one about the size of q twenty cent
piece, the other smaller, and both nearly
round In shape.
The State also produced - number OF
witnesses who proved that defendant had
made statements TO them At variance with
other statements, but we cannot for want
Of space, give the substance OF their evil
dsnce, nor can we give the entire testimO-
ny Of any one.
CaIiie Hutton stated that she lived 5
miles east OF Emporia; Keeps house for
her father; saw defendant last Of May or
first 81 June; said he was working for
Lutz; said young Lutz was in his way Of
the AndersOns; that In . day or two after
the 4th Of July and before Sunday. de-
fendAnt came to her house; he looked
bad; asked him why. He said he had
enough to make him feel SO; that he had
got away with Lutz. / asked him II he
had killed him, anc he said yes. Was at
my house the 9Th or 7th Of July. Defend
ant said If they had looked north OF the
killed with-a stone.
Cross examined.-HaVe known defend
ant about . year. Edwards introduced
me on Commercial street. he died about
three months since; met him next time
In EmporiA; did not haye much talk; saw
him on street, and then at circus; 1t was 3
year sgo last summer; saw HIM that sum-
mer at my fathers; came frequently; new
or came when any one was there, would
not come In IL any one there; presume he
came . dozen times that summer; did not
come in fall or winter; came again In the
spring i've or six times; father and broth
or 1--we ct home; came twice last Of May
or first OF June; said he would like to get
Lutz out Of the way, he was Overbearing;
came on bay horse: came from the south
and went north; house partly in sight Of
other houses; moved there last Feb.
Know John Cupp; did not tell him about
10Th Of July did not know defendant;
did not tell Tom Payne did not know
def; never staid in jail; have been
boarding there: have been locked up; can
afford to pay my own board there; went
there ct req uest Of Co. Atty; have reed
money since went there, 80 one time;
have not been hired to swear; was to be
paid for my time staying there; know
AlOnzO Campbell; WAS not In my room;
did not tell him 1 was to get $500 for
swearing or q $1,000; did not tell him 1
was TO get money to sW ear; never had
any conversation with Mrs. WagoHer
about swearing; did not tell Jno. e. Ey-
ans anything about getting money to
swear IN this case; defendant was not the
only one who visited me by myself; our
business was secret. Never told any one
about the stone till told the detective.
The State rested.
fendant expected to prove that the story
OF the Hutton girl was false from begin
ming to end; that it was 3 put up job to
convict defendant, and to establish by
proof such y state Of case as would satisfy
the jury OF the innocence OF defendant.
Thes. Payne, John Cupp, John E. Ey-
ans, Alonzo Campbell and Mrs. Wagner
were examined and proved the statements
CAllie Hutton had denied in her testimony.
Defendant then introduced several wit
nesses a. 20 character OF CaIlie Hutton
for truth and veracIty, part OF whom sta
ted that In this respect 1t was bad.
W. II. Wicks and Thos. Fleming stated
that they were up at the place Of the muir.
der and examined for tracks, etc.; found
where some one had jumped across the
] creek; followed the tracks up the west
eide of the creek through the corn field;
that part Of the time the person seemed to
tracks II inches long and fresh; followed
/
Chas. Z. Safer, brother-in-law OF An
dsrs0n; Anderson thought he could get
the Lutz' place II It was not for young
Lutz. One day while blowing in the
field Anderson said IL he came round boss
ing he would knock the dung out Of him.
He spoke one evening Of going down and
whipping the boys; this was about two
/ Waeks haEoPA kha murder
Mrs. Lutz stated that Return, before he
went out last, said he did not like to go
back. His only reason was he thought If
he did not 60, defendant would be lone
some and leave.
J. II. ThOmas-Anderson came to Whit
mOre's where was and called US on the
night Of the murder; said he had blood
on his shirt; had on white shirt and light
pants that night; changed them before
examination; he seemed very much ex-
cited.
Charles CarsWeIl-Hunted for weapons;
found the axe shown here under the steps
Of Saffer's house. it was partly concealed
! There were blood stains on it and some
hairs on the back Of IL.
: Mrs. Medaris, Mics Medaris and
l
9Th and 9TH of July, defendant was at
home hauling manure until Saturday
at noon and was not absent at all.
Mrs. Thompson was there all day the
9Th and until 4 p. m. the 9TH. Saw
defendant hauling. Knew he got an
early dinner so as 70 go to q gamc OF
bass ball. James Medaris went with
/ him about Q mile to Chicago Mound,
, and then he and Reach Martin, as
} stated by him, went to Ns0sho Rapids
where they remained till night and
could not have seen Callie Hutton that
!. | afternoon.
Charles r. Medaris was next ex-
: amined. He stated that he was
/; right handed that about 10 years ago
o as he was coming 70 this State, and
when at Burlingame, he was shot
r through the right hand and his thumb
, so badly disabled that he could not use
: It, nor could he hold Q rock In his
: hand In the ordinary way. He further
said that Return Lutz came back on
Tuesday before he was killed; that
. II