The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-12-26
the CASS CASE.
Continuation Ct the Testimony in the
Russell Murder Trial Yes
terday.
Several Witnesses 9, Upon the
Stand and Swear as TO Rus
sells Threats Against
Cas-.
The Defendants Story, aud How
the Killing was Brought About.
GENERAL BUSINESS.

GENERAL BUSINESS.
Court met pursuant to adjournment ant
the following proceedings were had:
Henry Mckenzie vs.. Ann +. Hayes
Defendant having failed TO answer in time
allowed BY Law, and being in default
Judgment was rendered against her for the
sum q $3.50, interest at II per cent.
foreclosure and sale of morigaged premises
ordered.
THE CAS- CASE.
The State of Kansas Va. Thomas Cas-
Parties appeared as on yesterday; Jury be-
ing called and all being present, the trial
was proceeded with, and not being conclud-
ed at the hour of adjournment, the jury
were admopished BY the court in their du.
ties as Jurors and excused until Thursday
morning at ten O'Clock.
| The witnesses examined in this case at
the morning session were Mrs. Russell, who
was on the stand when the court adjourned
the evening previous, James Franks and
John J. Murphy, both Of whom had heard
Russell make threats against Cas-.
THE HOMELESS WIFE.
| Mrs. Moore, residing in Delaware town
ship, in this county, testified that Mrs.
Russell came to her house last April and
stsyed about six weeks; this was after the
two had quit housekeeping Russell came
out to see her two or three lines one day
she (ths witness was in the city, when she
met Russell on Delaware street, some two
or three weeks before the killing, and du-
ring the conversation he said, in referring to
Cas-, that he she would run an axe or
something into him before long"
RUN HER OUT OF THE HOUSE.
Hrs. Eckert lived next door to Russell
and his wife and testified TO Mrs. Russell
having been driven out of the house by her
husband; Mrs Russell came TO her and
she gave her some clothes knew OF her 60
Jog to the neighbors' for clothes for herself
and baby; had heard the two qusrreling,
which was when Russell would come home
drunk.
| WANTED TO BORROW SOMETHING TO KILL
George Graham testified that he met
Russell on Seventh street near the New
Market the evening Of the stabbing, be-
tween and O'Clock. and Russell wanted
10 borrow his plumb bob, Ia piece Of lead,
egg rHdt"u. dapht J
as he said he Was going 10 Cas- and settle
his account with the old man be- wanted
TO use it a. a sling. shot he didn't let him
have it; talked with Russell about the
time the two broke up housekeeping, and
Russell said he would go to Cas- and kill
him. Graham told Cass about the threats
and warned him; had heard Russell make
threats before but never thought ANYTHING
about them until that night; never knew
Russell TO hurt anybody and never consid-
cred him dangerous man.
swoRE HE'D KILL HIM.
Mr. Harrington, who keeps saloon on
Seventh street, opposite the new market
house, says Russell came into his saloon
one dav and sat down at a table; he struck
the table with his fist and said, Pm going
to kill that old s. of b, Tom Cass'
Russell had been drinking at the tire bul
was not drunk; never knew Russell to car
r. weapons.
HE SAW THE STRUGGLE.
Thompson Dean testified that heIwss pass
ing Cass' saloon with his wife when he saw
two men scufiling, one of which was Cas-;
the other man had Cass by the coat with
one hand, while in the other he held
stone az if to strike did not see any blows
struck the other man said TO Cass, you s.
of bill kill you" he heard Cass cay,
"a if in reply TO question" i didn't the
other one said, you did, and afterwards,
"you s-of b-1'Il kill you now" He
passed up the street with his wife, stopping
only once TO turn around to look.
WOULD SETTLE HIS HASH.
Thoms Plowman testified that Russell
hat ssb< -1n1I eattla HI,
(Cass') hash, and would kill him if he ever
eros sed his path" And then again he met
Ru ssell Just after he had been in the Gala
boose and Russell said he would kill Cas-
on the first opportunity.
WAS FOLLOWING HIM TO KILL HIM.
Mr.. Overbaugh testified that he was
standing in the door of the bus barn, on
Shawnee street, between Sixth and Seventh
streets, one evening, when Cas- passed by
On the other side Of the street Russell
happened to come by where the witness was
standing and said, "I'm following up that
old s-of b-to kill him" Russell was
drunk at the time.
Several witnesses were brought forward
to prove the good character Of the defendant,
but the prosecution conceding this, the
court refused to take up time in proving
what was conceded.
THE DEFENDANTS STORY.
Thomas Cas-, the defendant in the case
being put upon the stand, testified as fol-
lows: | am fifty. five years of age; Russell
and my daughter were married, think, in |
June, 1876 the relations between myself |
and Russell before and after the marriage
were neither pleasant nor agreeable; had |
IiAor,I,,a, nth
when he abused me and call me s-of a
5-and said ought to be out of the road
one day, the day Overbaugh speaks OF,
was passing up Shawnee street and heard
him say he was following me upl
to kill me; when | got to the cor
ner of Shawnee and Sixth streets he came
acros. and turned and asked him what
he wanted he said he had good mind to
kill me and would do it then if it wasn't
70 public place my daughter frequently
came to me and complained of his i'll
treatment of her; che also frequently
zane 10 get groceries, clothing, etc he
vas very badly disposed toward me when
in liquor; / heard frequently of his
threats toward me; on the day the diff
,ulty occurred heard of his threats; that
evening was standing at the door Of my
'aloon talking to Mrs. CHM when he came
lcross the street and picked up stone AID
hit me on the breast with it; I asked him
THAT be meant by that when he picked up
mother and then We met he called me a
- of . b. and said he wonld kill me; |
lcted in self defense and used the knife;
,elieved IT was either life or death, and bv-
ieved my very life was in danger; had
lever given him any provocation in the
world and had never spoken harsh of him
n any way, / did not know how badly he
vas hurt; my daughter gave birth to a
hid some two or three weeks after his
cath; never bore Russell any i'll will and
vas very sorry the affair turned out as it
lid.
The court then adjourned until
morning.
Liver L. King.
The Liver is the imperial organ of the
'hole human system, as it controls the life /:
ealth and happiness Of man. When it is
disturbed in Its proper action, all kinds Of 1
ilments are the natural result The diges- 4
ION Of food, the movements of the heart {
nd blood, the action of the brain and ner-
y