The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1878-11-08

Collins and Minear started 20 the house
Arnsberger sworn-Was with the
crowd; knew most of the men; saw
Moys leave the house in a northeast di-
recfion; he did not go at any time du-
ring the time that we were there, in the
direction of Minear and Collins; Minear
and Collins passed Moys and witness at
a distance of 20 or 80 feet.
Foster recalIed-Wished TO correct an
item of his testimony of yesterday
heard threats made; was positive it was
not Moys made them; not positive that
it was Adams.
Dan Shuler sworn-Know Moys; was
with crowd in hollow; saw Collins and
Minear from the time they left where l
was till they reached the house; saw
Moys leave the house in an easterly di-
rection; Collins and Minear were not
nearer to Moys at any time than 80 or so
yards.
Ed Morehead sworn-Know Moys
saw him with the crowd; when the
crowd began to disperse Moys came to
Debaun's wagon where l was sitting,
got his horse and left in a northeast di-
rection. Do not think it possible for
Moys to have met Collins and Miner
when leaving the place.
Wood Masten sworn-Was with the
crowd; saw Adams leave on horseback
in southeast direction; Adams left be-
fore Collins and Minear started toward
the house, at distance of 20 or % y'ds.
Cross with the crowd
that held Collins and Minear; saw two
guns and revolvers; did not see Moys
leave the house; saw Adams leave in a
southeast direction before Collins and
Minear started. Was between Adams
and Collins and Minear; know positive
" that Adams did not meet them.
Norton called-Was with the crowd;
know Adams was with the crowd which
held the accused; saw Adams leave on
horseback in S. s. e. direction: was be-
tween Adams and Collins and Minear;
Moys and Adams were not together.
Cross-examined-Had a revolver; had
it IN my hand part of the time and in my
pocket part of the time; don't think l
took it from my pocket more than once
saw one more pistol and one pistol case
could not say there was a pistol in it
saw shot guns, only two of them; Moys
left in northeast direction; Adams left
s. S. about the time Minear and Collins
started; Adams did not pass prisoners
between witness and house; witness was
west of prisoners and Adams still west
of witness.
Dell Saunders sworn-Was with the
ciOwd at the house most of the time; saw
Adams before he got very far from the
house, going s. e.; Adams had passed
Collins and Minear.
| Cross-examined-Was invited to go to
talk with Thomas; Had revolver in a
belt; did not have it out while there;
took my revolver because | had heard
that threats had been made; did not
look for any trouble; Heard no threats
made; do not think any were made.
| A. Curtis called-Was present at
| Thomas at the house; was with Adams
when he left on horseback in S. e. direc-
| ton, west of Collins and Minear; Ad-
ans had no coat on; Adams was west of
| Collins and Minear, probably 6 or 8 rods !;
Have heard some conversation in refer
ence to the case today.
Cross-examined-Ad did not meet
prisoners; had pistol part of the time
myself; some one handed it to me; l
loaded it then; tried to shoot it off but
could not; carried it part of the time in
my hand, and part of the time stuck it
under belt; am not positive that took
| it out at the house.
| J. w. Adams recalled-Left the house
| in s. e. direction; did not see Collins and
been halted, a rod or two.
| II. G. Adams sworn-Am the father of
John w. Adams; was with the crowd !;
know Moys; saw him leave in n. e. di-
rection; saw Collins and Minear after
Moys left; met Collins and Minear be-
tween the house and ravine.
Cross-examined-J.W Adams had no
coat on; witness has a claim near w. w.
Thomas; my son, J. W. Adams, had a
claim on the land now held by Thomas :;
do not remember who told me of the
crowd going; Michael Arnsberger was
chm of the meeting at the school house.
Hoskins recalled-Was with Minear
and Collins from the time they were
halted till they left for the house; saw
neither Adams or Moys meet prisoners
A. L. Saunders recalled--Saw MOys
leave and go to Debaun's wagon east of
the house; saw Minear and Collins as 1
went toward the east going northeast;
| Moys was northeast of me, distant from
Minear and Collins (who were west of
mel some two or three rods.
Mr.. Hutchins sworn-Was with the
crowd; know Moys and Adams; saw
MOys leave, going toward the east; did
not see Adams leave.
Testimony all taken.
Argued by counsel, Sterry for prose
cution; McCarty for defense.