The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-03-27
the LATIN CASE.
1t Comes up Before Judge Vaughan
in The Police Court Yes
terday.
Synopsis of The Testimony Of W.T.
nesses fer the State and
the Defense.
The Statement Of Smith, Taken Be-
fore His Death.

| for ass suit with intent TO XIII, committed up
on the person Of Daniel B. smith, on the I7tl
inst, came up before Judge Vaughan, IN tn,
Police Court. The state withdrew the char.
m nt.oned, and preferre, the charge OF muir
der.
Dr. Thomas was the first physician to ex
anime the deceased, about half an hour aftel
he was shot. He fDupd The wound on irs
left side Of the nOdy, At the edge OF the tenth
| rib, Immediately below the nipple, and ht
| traced e direction of the ball, which he
| found to be almost directly through the bod
| sideways. The de seds Il VDmiUeI hood
/ which convinced the doctor that tn. ball had
passed through the stomach, aud he also
CONCLUDED that IL passed through portion oil
tn liver. Smith seemed 10 feel from the frs,
that the wound was fatal On-, nolw TN
Standing the efforts O. the doctor 10 cheer
| him up IL. (the doctor knew the wound
. mortal IRON the Il -, but cid not tell
| smith 81 until in th- night
COL. VAN vOksr
was sitting at TIL W iting desk, writinr, with
his bscs 10 the counter A noise attracted
| nin, and lie turn. d and sa smith staudi :
behind the coulter, but did not see hi,
! hand. He Saw another person, standing
| disg"nslly with Smith, with his back To ara
| u { witness, no tad a 81 tot in has hand
As the with. - thought he was too tar away
| To do sDs good, and a. he was tout in line
with smith, whom he feared would also pro
duce pistol, he passed outside the Office,
through one Of the side windows, and did
| not return until rt'er the shooting wa done
heard no talking which ne TemeIu bered from
either o The - rifles
DYING STATEMENT or SMITH,
The following statement from the deceased
was. introduced:
l, II ,niel b smith, now OF sound mind and
mOIy, and being conscious thai am q bout
la uie from the effect OF a pistol shot fITvu ~
Is. La iln, do state that gu this a.. n day ~
MaIcu, 1913, between aun 10 o'ci cz in The
ior-Iopt., a. | Vas brninI TIE Counter la Ire
Office Of ib- Planters h"tsl, Mr. LtirIn czIh-
mt said oihce, looked AT me and said to me
stop passed atOug and said nDiIiHg in
rp!y- lie Mr. L,iIIu-iUOk-u at me Tierc- V
and again S.tI 80 OPP stop right her -
said iBoJLIIss, but tUTn"d aud IOok-d Tor "a
IuIe cafe / bad Their, but not finding
tue csDe, picked up "A naiCheJ that was
yinE inerr. NJ. LATIN Immediately
pulled n.s T'yoiV-r an Il cd at IA | ih-u
threw IEe hafcurt al him. H. hen fired
again anu toe shot siruck Inc, - Oul think
a mite Ia the lstJ 81 the 10. ei>. Iag,lu thea
tuTu-d and lett 90 not tiiiuk the HafCiIet
struck Mr. Latin. He SErprsI risnt up cio>e
Ia the counter and nrsd. lie was almost
The second shot had nothing ia my hand
u. b. SMITH.
Ia tie presence Of y n. Wool
THIS DEFENCF-
Frank L ok So ore Iha. ite went { ON COL
lier'~ II bile that morning To Iu- P.In'-T'>
HGu-e stab with IaIIln, abBur - clock.
They t1.u rau4e down & the entrance oi tue.
Planters ii iu-e, ou Main - e.t TAe.wirntss
asn ell ne d-i-uuant IT, gp.up VITA him iu
the Office. uut he replied that be wuu.d go
t'Ounn 10 The saloon be-esttH 'he D.IldIBg
Tue illness We 1 up STAIN, auu was talk ny
10 Ia" Gry c.erk, III am L-ItiU, VII" was
EO4nElug win ms LETT m on The. drSk, IN
" tuc>s DvIUg at The register when Smith
cam IN, and weut 10 some coats an OK
behind the counter. As IA >iopG tn re l. iltln
cam ia, walked uos n tOpCaId> ni~ spI, and
said: $500 mHrnii =, III -mtih Turned to
n ui and =. d: ''yvu cd thief, what ar
you dOius h-r?' anu Threw his right hand
duTn "u ms lett nip A. Lutin y = Just be-
nlni the witness. nr con iuuvn Ia leave, end
dTupIed down under the cover OF tn" counter,
ANA passed out Ia the han he heard the first
shot aud was ~ tue 10 II The steps when
ne Eetrn the second Latin had sad moth
Iug To him or any one else IN his presence
that morning about The deceased in any way,
Dut he had TO 4 hun Of tnelT Previous Diff
cUIy.
HIRAM LATIN
testified that lie was taking W tn Peck, when
Lat la c fTu- in and -mIJu spoke as above
rushed toWaId where the wit
u-sS standing. the witness stepped
b EEK ami the deceased opened door beneath
the desk, iDOk out "A Ratchet, came nearly
ops o>ite where the defend ant stood, and
stuck nim with the edge Of the haic.eJ on
the side OF The lead, which sta+ geTed him
Lattin lose, Smiih threw The hatch at him,
nd LtIJIn', y stol exploded, me having rriS-
ed witn II IN his hand, the b ali str king in
the counter. smith then got SnOt er hatche
ana inrew " at Latin, wnica struck MIN on
tn, lett ann, ard then Latin fired at Smith.
LatJIn said nothing during the whole occur
. nee Witness heIe ldeuIilird the coat and
vet produced, as Inat worn By The defendant
81 TN Time. Iu- CO q had ~ iarse rent In the
eft sleeve. at the point where the har cnrt
va 'Ige ri TO nave - NIX } smith strucR
Tue firsI b ow Win ali the vrnge sI.cr he hal.
/. tIiu had n smi on tbs iace = hen he came
IA. AIIeT The shoot ne, he walked out
o Il LATIN,
the defend mt test ii Il substantially as did
IA ; ION a. - IHe manner 20! the occurrence
sIi.r II Wa oV-r, he Wa X. q Ogf, met Pcch,
AMI Unlocking lie WAS badly hut, they went
80 Dr. Brooks office Not fiaaIng him in, he
Concluded TO - IL the police staliOb ard i've
:! -msrlf up. BIwern bird and Fourth
stree he felt very sick aud sat down. They
linen Zoi nsc> ana went To the station. He
would uOl have gone into thu Office had he
know smith WAS there, and did NOT see
IiIm uHtii ne WAS some d stance into the
Tuom-lhOu%n h- Knew that smiIh lived
there, aud mat SMITH : sister was tine wife ui
O n hpI-i Ike per ne was IN the habit o.
taxi hts pi> al from his Offic- desk when
ne went home at night aud pattin- II d sex
Their, ia m rniug, but had not unlocked
iIs desk Yet mat morning. He. IN Ii-.
~ blI OF larry ia the pi,Ioi IN his riga { side
ca IE'ock.t lie held no p drticuIar amin :
Ity against the deceased ON account OI Jn-Ir
~ VIou~ quarrel
The oolIt Then adjourned to three O'Clock
y la
M. Lsttin was again put upon the stand
but nothing of Importance eiICited, except
wII,n asked ~ by IA did not Try Io get out of
the way, he replied that he did not have
time.
INTRODUCED by STATE.
H. Sinks had been intimately acquainted
wi a the -Iec"4>ed. and never anew MIN 10
carry zee pOns lie ASKED INN just befor he
m ID. hi> II t-mentlI be d-sir. q To max
Any auG told HIM thai the wound Was NOR
tsIoHe He Mas n an oateT loom when ia,
u trIaent waS made. Eui WAS with TO the
signing, and h-ar,i the deceased when asked
a IN WAS W. n he wished 10 state, reply
Iuat a. WIS.
John Thomas, porter a. the Planters House,
toDs saith rom the Office To room No 40
and uudT,sseu him He found no weapons
ON las person lie had been attending To
smiths room aud never saw any pistol. nor
knew him TO carry any He never knew
more than one Ratchet 10 be kept under the
desk but tn re nj ght h-y. been on the &C.
castor, of the shooting. He saw bus one
Ratchet In tue room ai.erV ards.
Thomas Mack y, nisht clerk, was exam
iu' q IN r. ga To TIE custom of having
haIcnet> uuder the desk. IL was usual TO
have but He was asleep when the
shooting took place.
The ar umtntS OF the attorneys were then
commenced, j. ". Taylor asG Il siillIuES
representing the p aintIff and r. EeulCn
Tor the GeIsns.- AT The conclusion the de-
PENDANT WAS he'd TO arsSeT To the charge OF
murder IN tie first degree la the dIsiri
court, Inc bal! WAS given ltA the same