The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1884-09-30

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TO take him away. Frank showed some
covered that one OF his: suspenders was
hanging d, wn. This was some time af.er
the arrest
BILLY ELLI>ToN.
Am deputy sheriff of Henry county.
Held same position on 2nd and Srd of last
March. Remember when Hopkirk was
first put in Jail. Took ride with pris-
oner, Cason, Bennett and Bart.
lett to near Calhoun. / acted
under authority of Mr.. Lewis. Went to
find pistols. | did the driving. Started
about / o'clock. Drove slowly. Cssou
and Bartlett did about all the talking.
Csson was trying to get all he could off
prisoners. He asked Frank if he was
going ID take us to the place where they
bad fire. Frank finally refused to take
us to the fire. On the way Cason tried To
pump Frank. We had
EIGHT BOTTLES OF BEER.
Cason asked Frank 10 take some beer.
Frank said he never drank any beer, Cason
insist d and Frank took one swallow. Ii
affected him st once. He drank three
times. He becam tight and told Cason
not TO give him any more. Cason told
Frank il would be better for him TO take ii
all. Frank asked that If he did and gave
bond, could he 90 along with him. Ca
SON said he could and drive bus for him
(Casoul. About time We turned back, and
when | was asking Frank WHY he would
not take us to the fire, Hopkirk said if he
didn't go there, he could take Us within
40 or 50 feet of where the watch was. He
said il was near a hedge. Bartlett took
Frank out from carriage about fifty yards,
they had talk and then Cason talked
with Frank. We got back about dark.
Cason said to Frank that Brown6eld had
stated that he Frank had done all the
shooting. To this Frank replied that
TOM WAS LIAR,
as he did not do sll the shooting. Witness
did not know whether or not il was Franks
proposition to 60 out to the fire.
THE ARGUMENTS.
This ended the preliminary examination
and the arguments began. AS the defense
had made the objection to admitting the
confession of Hopkirk at Windsor and in
tie Jail at this place. they opened the ar
gument, Judge Shirk leading of. He be-
gan by saying that he appreciated the deli
cate position in which the court was placed
in passing upon this question, as il deter
mined the fate of the prisoner. Judge
Shirk then read from Wharton on Grimm al
practice, snd argued that the prison.
.r;s fear of a mob, was aroused by the
statement of young Burton, that if he
(Hopkirk) was found in possession OF a
gum owe rcoat, the mob would surely hang
him. Judge Shirk reviewed the whole ss
timony of CasoD, Bartlett and Feaster and
argued that all through these statements
there was ample evidence that improper
influence had beea brought TO bear on the
prisoner to extort this confession. The
Judge said that the supreme court in vol
ume IA, case of Phelps, had denouuc d
Cason as a lisr, and as going about the
state
DOING DIRTY WORK
as q detective. He further said that he
believed that from the evidence OF Ellis
ton that the beer given Hopkirk on the
carriage ride was drugged. Judge Shirk
made short 81 eech, but an earnest one.
NJ. A. FYKE
one of the counsel for deferse, followed.
He was quite vehement in his language,
and had hardly begun before be denounced
Cason as scoundrel.
Judge CAN'T at once reprimanded the
attorney, saying that nothing had been de-
veloped during the tri Al which showed
Cason TO be scourdrel, and such language
would not be permitted. "Csson," said
Judge CAN'T, chad been elected by the
people of Ssline county to high Office,
and be would not allow attorneys to in.
dulge 10 such langu ga, as il brought
them and the court into disrepute."
Mr.. Fyke bowed scquiescence 10 the
rebuke of the court, and
after saying that he merly ex-
pressed his opinion of CasoD, resumed his
argument, reading from many authorities
to suStsin his position that the confessions
should not be admitted, as they had been
obtained under threats, inducements and
fear OF prisoner.
PROSECUTING ATTORNEY LEWIS,
for the state, followed Mr.. Fyke. Mr..
Lewis took the position that Cason, at
Windsor, had not unduly il huenced Hop |
kinks mind, and that the prisoner himself !
said he was not AFRAID of any mob there |
end that he only made that confession at
the r. quest # his mother and brother-in- !
law, Dr Feaster. Again, the c'n'ession |
b, en- counsele by his attorney not TO make |
any statement. Thirdly, that the facts,
which can be corroborated by outside testi-
moDy, sre come le'e.
G. b. JACKSON.
Mr.. Jackson referred to the gathering at
Windsor a. one where curio,ity aud ex- |
element were The leading features. 1t msy |
be true that her. might have been in some
breast secret desire to lynch the prison
ers. but il remained secret. There was |
no open display of mob violence. The
prisoner was not afraid of a mob. Mr.. |
Jackson argued that each Of these cases
must determine itse'f No two of the m |
are entirely similar. Mr.. Jackson cited
authority after authority, and made
lengthy. bu' logic l, argument The defense
was closed by B. G. Boone, who coDhned
bimsrlf to r. virwing the testimony as TO