, 1883-04-14
,Pron he Dci7y Of 7Essday)

At 10 O'Clock this morning Justice Laman
called the case Of McL2in vs- the Reed boys
charged with an assault with deadly
weapon, B. L. Sharpstein appearing for the
defense, while Geo. Thompson conducted
the prose :utiou. Tie entire forenoon vas
taken up in hearing testimony for both sides'
which to certain extent was conflicting.
We will state the facts Of the case as aa-
duced frum the statements OF the parties
sworn, meniiouiag that the controversy is
oyer an SO-acr. piece Of land about three
miles from this city, on which the Mclean
family have squAtted, claiming it to be gov
ernment land. One of the Reed boys has
pre-empted, first buying the improvements
already made by former parties. and erected
a cabin McLain claims his Improvements
were started four days prior TO Reeds
Anyway, the matter is now before the u D
land office at Washington for adjustment,
and 10 settle the Claims OF these contesting
parties.
Mrs. McIain claims that the Reed boys
came out there Sunday and slept over night
in their cabin, made threats, etc, and en-
deayored to compel them 1.-THE MclaInsl 10
leave the land Monday morning they con-
menced TO ploa: in doing so they attempted
to remove some posts lying on the ground
a l6-year old son OF McLain's told them to
desist, and raising shovel ordered them t.
leave the place during the controversy
pistol was drawn by one of the Reeds on the
boy she rushed up and to save her sons
life; grabbed Reed by the whiskersi that
another OF the brothers then drew pistol on
her in the meantime her son FASTENED IL
the house of Fred Lux, about a quarter of
mile away, for help; upon the return OF her
son accompanied by Lux, and both armed,
the brothers left the place. The lady swore
positively that Reed had threatened to shoot
her son II Se did not put the shovel down.
She was put through rigid cross-examina'
ton by JGdge Sharpstein, but held her
ground pretty well, yet acknowledging that
il WAS unaecld lded as to which party WIS
entitled to tie land that though they com
menced to build fist Reed had his house i'm
ished first.
Her son Charcey .icLlin corroborated his
mothers statement 10 a certain extent, the
counsel getting nothing nvw III the GRO Sex
animation, With the exception that when the
Reeds commenced To remove the rails he al
vanced upon them with the shovel raised in
threatening attitude.
Fred T. Lux was called and volunteered a
lengthy testimony He cited legal authGr-
iries that woull have made 4 Philadel shia
lawyer glow with enthusiasm. and was 30
severe in bis denunciation OF the defendants
that one of them appealed TO the conrt Tor
protecti IA. He stated that he was on top
OF hull quarter OF mile away aud had a
spy glass that he sd y Reed load his pist"l-
Here counsel asked witness ii he heard what
Reed SAID: Ill no do you dink dot |
hear qwarter OF a mile II wasn't spoken
thrumpet, it vas spy-g.ass had. |: l.
evil, Mt lux did not intend to be hit by any
stray bullets-Eep.l The boy came to his
house and told him the Reeds were murder
ing his mother he gave the boy gun and
took one himself aid started post haste for
the battlefield when lie arrived the lia:!'c
was over and quiet regned supreme /; he did
not see any of the war-!ike demonstrations,
but had been tod all about 1t. Witness ex
pressed some very brold opinions in relation
to the lanl Office OF til, district and de-
nOunced the Reeds as chronic land jumpers.
Here the prosecution restei.
Lawrence Hutchinson was called for the
d.fense Stated that he hii been engaged
by the Reeds 10 plow the land. That the
defendants had attemTea to remove scm-
rails that were in the way, when young
McIain advanced upon one OF the boys with
the shovel IN threatening attitude. He
was warned of, and then approached the
other brothrr; again he was warned TO drop
the shovel; this TINE the pistol WIS drawn,
and the statement was made by one OF the
Reeds that if he d!l not drop tina: shovel
that be ,Rrcdl would shoot h;m, ahercupon
the shovel was droppei.
HCgh McLlin cOErObGrlt-d Hutchinson 5
stat, ,ment, both these gentlemen stating that
they saw but one pistol, while Mrs. McI.an
aud h-r son swore that two receivers were
hOurishe1
". H. Red tnuk tie stand and briefly !
ties tlfed 10 the effect that the pistols were
drawn in self defense /; that 10th Lr and his
brother were threatened the boy with the
shovel, and as soon As he latter dropped his
shovel the pistols were put away Neither
If the Reeds wished to make any tronhle |
they affirm tlat their claim ~ the land is as !
valid as McLain's, until the case Is decided
in Washington.
The fore part Of this Afternoon WAS occupied !
by the council on each side arguing the I.oin:~ !
of the case and reading citations from decisions
By the Land Commissioner and Supreme
Court in relation 10 settlement on lands Pos
ecutins Attorney Thompson closed his argu-
meut hy asking that two Of the Reed bays b,
held 1Ver 10 appear before The Dis,ric: Court
for assault with d-ally weapons Justice Ia
man stated that he considered the evidence as
insufficient 10 hold the prisoners on that
charge, aud therefore discharged than from
custody.
Neither swan, Worm SyTap.
laiallab'r. taste!ess, harmless, eathar.ie ior
feveiiSEneSs, restlessness, worms constipation.