The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1884-09-30
Judge CAN'T Overrules the De-
murrer to Admit the
Confession.
The Black Gallows Looms Up
Before All Eyes Except
the Prisoners.
The Jury Return a Verdict
OF Murder in the First
Deg1ee.

the third day of the trial of Frank Hop
kirk. has been not only an eventful, but
an important ore iu the progress of the
case. On last Saturday the defense OBJ
ected 10 the admission, before the jury, OF
the confession of Hopkirk made both at
Windsor, on Sunday night Immediately
following the killing of Mr.. Wells, and the
alter con fession of the same party in the
all in this city.
When this objection was raised, Judge
CAN'T ordered the jury to be retired, and
q prelimery examinstion of the nature OF
these confessions was entered into. Under
What circumstances were they made? was the
important Que stiou, and to discover this
Iact, the examinstion of witnesses was held.
As will be seen. after hearing the testimo
nv OF several Witnesses, and the arguments
Of the attorneys, Judge CAN'T overrulrd
ehe objection, and this afternoon the jury
was brought In.
The prisoner to-day resumed his usual
listless and disconnected air, and at no
time was there discoyersble any Indication
that he felt the peculiar position 10 which
he is placed. He certainly does not seem
TO realize that
LINK BY LINK
he chain of proofs being forged against him
and that every word thus uttered by wit
nesses, gives DO ray of hope for him. He
its snd smiles as though he were only
pectator al farce.
The attendance is not large, but these
who sit in the auditorium are certainly in
terssted. This hiss been hard day on the
awyers, the court and reporters, owing to
the excessive heat, and the adjournment
this evening was IS refreshing as dew on
parching flowers In arid August.
To-day Judge CAN'T sat down on the
Accredited privilege" of attorneys in abus-
ing witnesses, and took the force out OF
Judge Shirk's charge against CasOn, by
syipg the supreme court did not reverse
NE case.
The fret witness called was.
B.F. CRANDALL.
Am a brother in-law of Frank HOpkirk.
Was in Windsor the night Frank was I'M
der arrest. Saw him at the Bass house.
Rolla Owsley was on guard. Think Mrs.
Hopkirk was present. L SAID to him tnat
Twas glad to see him, but sorry to see him
in that FIX. He said that / need not be, as
he could prove by party in Burd1n, kas |,
that he was innocent: L went out and
talked with some leading men about keep
ing mob quiet. / tried to return to the
room after going to the depot to telegraph.
Mr.. James Bennett, constable, refused 10
let me in. as he said the detectives were In
the room with Hopkirk. / went home to
Quiet NV wife and found Mrs. Hopkirk
there. " as gone from hotel about hslf hour.
First saw Mrs. Hopkirk as she passed
by nv house with Frank in the buggy.
This was about dusk. I think Mrs. Hop
L. Ill oh Of
Did not see DIR. Feaster at the hotel. Don't
know who took charge of Mrs. Hopkins
house.
RoLLA owsLEY.
Was st Windsor when Hopklrk ana
sBrownfeld were under arrest aud was at
Bass house. There was large crowd In
the street. Saw no demonstration. 1here
was more or les excitement. Was In the
room alone with Hopkirk part of the time.
DR.. Feaster, Csson and one or two others
came In. Heard conversation between
prisoner and Cason. Mrs. Hopkirk was Id
there par. of the time. Before she came
In Feaster wanted to talk privately with
Frank. / objected. Then Cason came In
and Feaster had the talk. heard
Frank saw he had right 10
believe that Tom Brown6eld had some
thing to do with the murder. Cason told
Frank to talk with his brother-in-law.
Mrs. Isl. was not in the room then. |
made no promises or threats ID prisoner.
Frank knew / was in charge of him. i
was at that time the one to whom persons
applied for admittance 10. room. After
Mrs. Eopkirk came in she said she OBJ
ected 10 her boy telling anything before
the crowd in the room. She sat Oh edge
Of bed and Frank was lying down. She
ras talking with him. Heard no confess
ZION. went out. Think left in there
Bennett, Ham and J. West Goodwin. Do
not know whether any one excluded Mrs.
m. went out and when / returned Mrs.
H. came in. This was about 10 or ii
O'Clock. Heard no disturbance on the out
side. Was in the room when DIR.
Feas.er came in. Cason and
I were in there and Bartlett came in.
/ went out. Cason said to Frank that he
was in a tight box, and to tell the truth,
and be would stand by him. Did not hear
Cason object to Fesster'S getting counsel.
Did hear Feaster say to me that he thought
mob would hang him before morning. Heard
Feaster say something about letting Frank
out of window. To this Cason objected. l
was deputized to act as guard. When /
went out of the room / left prisoner in
charge of ason and Bartlett.
JOHN BARNETT.
This witness was introduced to prove
what Hopkirk said in the Jail as to how he
felt that Sunday night at Windsor. De-
tense objected, but was overruled. Witness
ws at Jail with Prosecuting Attorney
Lewis, and heard Hopkirk say that he was
cot afraid of being mobbed, as he had been
,ised In that neighborhood and knew al
1e men. This statement was made about
Feek after the arrest.
SHERIFF HOPKINS
Id that the night he took Frank out OF