Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-11-14

ions had beea committed on his range; and IL
was Mr.. Lemonts request that the parties who
were cutting the fences be found out. Mr.
Eldred had notified the defendants in his en-
ploy, 20 make investigation, and report to him
II they found the guilty parties. On the dayof
the murder, Mr.. Edrcd had spoken to the men
on this subject, I'm general terms. He then
came to town and knew nothing of the muir
dcrs until the next day, when ShipmRn and Dy-
ercamc to town and told him OF the occurrence.
lie went with them to consult and to find the
proper officer TO whom Dyer and Shipman
could repOr: the occurrence Of the murder and
give themselves into the custody Of. They did
notify the coroner and were taken into custody
by deputy sheriff vanSlyke
ID. <. Yates testified That be was nj work for
Gregory, Eldred & Co.; knew OF the fences
having been cut, and Of the employees being no
titled tn ascertain who was doing the cutting.
He saw Shipman the night Of the Killing and
heard from him statement Of the occurrence
In brief. shipman was wounded and was Ahf-
fering considerably. He Yates dressed the
wound.
John McFadden, VIM. Lacey, WIN. Wilder,
VIM. Hale, l.. +. Hale, j. A. McCarty, and sew
ernl other witnesses testified to being at the
Gregory, Eldrcd & Co. camp the night of the
murder; they saw the defendants leave the
camp, "a they Understood, To ascertain who had
been cutting the fences that afternoon Dcfcn-
dants, or some Of them returned in short time,
but said nothing about having had trouble with
anyone, or Of doing any killing. These wit
nesses were camped there that night ou their
return from the roundup in the Territory; and
did not learn of the killing for day or more
afterwards.
DIR. G.. X. Rumsey tcstiflcs to examining the
body Of the young man Watts and finding it
penetrated 10y two gun or pistol shot wounds
ono through the shoulder and one through the
hcad,going in ut the mouth and making its exit
below the vortex of tho head. Either wound
would have caused death.
Coroner Singer testified 10 holding the in
quest, and recognized the papers he had IT.
turned in the case. The lawyers had contest
here over the written evidence Of Shipman,
taken az the corOncr's inquest, and objected to
its introduction for the reason that he had never
signed u. The objection was sustained. II APP
pears that Shipman claimed that the written
report Of his evidence was incorrect I'm several
particulars, and that was his reason for not
signing il.
J. W. McNcal testified that he was present nj
the preliminary examination Of Ringer, aud
heard ShipmHn's statement, which in substance
he gave. II thr.wnO new light on the case, and
this muy alsO bc said of all the evidence SO far
taken.
-, f. Sheldon testified as to "a conversation
he had With John Court, after the killing
Court told him that he was present at the kill
ing, unarmed; and though he should know all
about il, DC didn't. Court said he role ia front
of one Of the teams and some one yelled for the
young mau, Watts, to halt; that Watts instead
pulled pistol and fired twice, and shot one of
the party, IShipmanl. Court said Watts ran
around the wagon twice. He, Court, saidwHtts
revolver rofuscdtO rcvolve towards the last, or
he might have done more shooting.
Il. G.. Gleason, who lives east of Kiova, two
miles, testified that about two weeks ago he
went with the two Watts boys To the scene OF
the tragedy and that the boys pointed out to
him the place where their father and brother
were killed. He testified M to the direction the
road went, the general lay OF the country, ETC.
He made some measurements Us to the country
From tho northwest gate to the place where. the
wagon WINS, IL was little more than mile;
from the wagon To where the body of young
Watts lny WIS five rods; and few rods further
ON the body OF the old man WAS. The positions
Il the wagons and the bodies was pointed out
said that tho spot whore the body of the young
man was found was marked by cattle having
paved tho ground as they do when they have
smellcd blood. He made this examination Of
the premises in company with John King and
John Sparks about one week before the cleo
ton.
Ed Hcnton testified that he was also working
for Gregory, Eldrcd & Co.; was at the buffalo
springs camp when the defendants started
away tn asccrtaia who had been cutting the
fences; they came back in the course of two
hours; hut he heard them say nothing about
any killing. lie did not hear of the killing until
the next day, and did not remember Who told
him.
Tho state closed its part Of the case yesterday
morning by reintroduciug the Watts boys and
their sister.
TIE defense only introduced three witnesses
n. +. Shipmau, J. II. Ringer and w. Cook.
Shipman related the facts I'm the case as al
ready reported.
Ringer told similar story and gave the only
new evidence In the case. He stated all the
facts the same as Shpman; but added that IL
was ne who fired the shots that killed young
Watts. Tie shot at him twice, once when he,
Watts, shot at Shipman, and once when he was
swapping the pistol ri him, Ringer. This then
told the whole story as to who killed young
Watts. Its evident from all the circumstances
that the story is correct.
J. W. Cook was put on the stand but did not
estify.
Both sides here closed and the Judge proceed
ed TO instructive jury.
The instructions were quite lengthy but as
carefully prepared legal document would chal-
lcngc the admiration of any lawyer. They
wero clear and precise, and net troubled with
40 many legal technicalities that IL would take
Philadelphia lawyer to unravOl them.
G. NJ. Martin opened the argument for the
state and made sensible and eloquent speech
an effort both surprising and gratifying to
his friends.
c. W. Ellis followed and then recess was
taken when f. Sample and Mr.. Gillette spoke,
aud an adjournment was had until this morning
when Judge Howe closed for the state and the
jury took thc case aud have not yet agreed