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

threatened to tear down Thomas house
and kill him and his family if they were
not off the claim by Monday, 10 O'Clock;
saw Minear and stopped him about -
rods southeast of Thomas house, the day
we went to confer with Thomas in refer
ence to the claim; Minear was no nearer
the house at any time during said con-
ference; remained with him all the time;
Minear and Collins had guns; saw two
guns and one revolver; was directed by
Michael Arnsberger, who acted as cap
tain, to stop Minear and Collins.
John w. Adams sworn: Saw only
one shotgun, and one revolver.
Carrot Debaun sworn: Think / saw
three revolvers and two shOt-guns.
Cross Do not belong to the
Settlers Protective association; went to
the house of Thomas as expressing an in
terest in the amicable adjustment of the
matter; had one shotgun myself; think
the other was in the hands of Hoskins.
Mr.. Cheeny sworn: Had a revolver;
carried it in my pocket; saw one in pos
session of Elisha J. Holderness; not
loaded; saw it in his hand on my prem
Uses; did not see it afterward; he said it
was not loaded.
Frank Williams sworn: Saw three or
four persons handling an empty pistol
which looked as though it had not been
loaded for years; did not look into it to
see if it was loaded; heard Hutchins tell
Thomas that if he would leave the claim
he would get him another which no one
else claimed
Minear sworn for defense
VIM. Foster called and sworn: Saw
three revolvers and two shot-guns think
there might have been three guns.
Minear's testimony: Testified before
Bachelor that l was halted near the
house; after the crowd began to leave
was permitted to pass through, and in
passing heard MOys and Adams say that
if Thomas wanted to save himself and
family he had better leave by 10 O'Clock
Monday morning; that they would re-
turn with crowd and pull down the
house or move it off the claim; saw sew
eral firearms; at least two guns and sew
eral revolvers; MOys and Adams were
both armed; not so certain as to Moys
am sure Adams was; do not know wheth-
er Adams had on coat that day.
Cross-eXamined-Was not close enough
to hear anything that was said during
time of being held; could not tell which
of the two made the threats.
Nothing further elected. Court adj
journed till 10 o'clock tomorrow.
10 O'Clock a. m.-crOss-examinati of
Minear cOntinued-Collins started to the
house little in advance of me; do not
remember whether he kept the same po-
sitiOn or not.
John B. Collins called: Heard Min
ears testimony; Minear had testified be-
fore Bachelor that he had been halted
by Mr. Hoskins, who presented a double
barreled shotgun; that he heard Moys
and Adams say that if Thomas did not
get off the claim by 10 O'Clock Monday
they would tear down the house and de
stroy his family; witness was with Min
ear when halted; heard threats made of
tearing down the house; heard Adams
and Moys say that if Thomas did not get
out by 10 O'Clock Monday, they would
tear down the house and his family
would be-in danger.
CrUss-examined-D not testify that
heard Moys and Adams say that if
Thomas did not get out by 10 O'Clock
Monday they wauld tear down the house
and kill him and his family; could not
say how many men were with Hoskins ;
saw two shOt-guns; others were gener-
ally all armed-with revOlvers; he'd them
in their hands; saw as many as 12 or II {;
did not notice whether they were cooked
or not; had shotgun myself; do not
know whether it was loaded or not; guns
were left at Thomas house some time
before; had been notified that the men
were coming to see Thomas and took the
gun with me for self defense; did not
intend to use it; never loaded a gun in
my life; heard John Adams first say
that if Thomas is not out of here by 10
O'Clock Monday we will tear down the
house and the family will be in danger ;
crowd threatened witness also; saw Moys
with revolver in the act of putting it in
his pocket; saw Adams with revolver,
carried it on right side, little behind
him; am pretty certain Adams had on a
coat; Minear was about as near to Moys
and Adams as witness; MOys was near
er to Minear than Adams.
w. w. Thomas sworn: Was present
at the trial of MOys and Adams before
Bachelor; heard testimony of Minear ;
he testified that they said that if want
ed to save my wife and family l had bet
ter get them out; Minear further had
sworn that the mob were armed; witness
heard MOys say that he (witness) must
leave the claim; that if witness wanted
to save his wife and children he must
get them out before 10 o'clock Monday
heard Adams say the same; think Moys
had revolver; carried it in his pocket
probably front coat pocket; saw Hos
kins with double barreled shotgun; he
was near the house with his gun; Adams
had a pistol; saw some men with pistols
in their hands; saw as many as Z or s
pistols; Minear and Collins came to the
door right close together; no one of the
crowd at the house when Minear and
Collins came up.
oss-examined - Saw a pistol in
Moys' possession; probably had it in
his vest pocket; did not see any pistol
in any scabbard or sheath; Judged by
the appearance of his pocket that he had
pistol in it. Minear and Collins were
halted or rods from the house. Think
that shots were fired before Collins anC
Minear came into the house; saw as ma
ny as eight guns; saw all the mob; die
not testify before Bachelor that all were
armed; Saw neither Moys nor Adam!
when they left the house Witnes.
swore positively that Adams had on
coat; saw only the handle of pistol; car
ried it on his right side, probably in hi.
pocket; had on a dark colored Goa
was not jacket. Court here adjourned
to 1 Is p. m.
AFTERNOON.
Mrs. Thomas sworn-Lives in thii
county; is the wife of w. w. Thomas
saw the crowd; saw Moys and Adams
heard threats made that if we were no
out by Monday or Tuesday they would