The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1884-11-18

]
fired from between The horses. The shot
took effect in The bJdy OF Saunders, and
defendaot left.
DIR. WALK Frs EVIDENCE
DIR. Walker described the wouud which
produced tie death of Frank Saunders.
Witness lives In Lamonte, and knew de.
fend ant and deceased. The Temsins of de-
ceased W, r. brought to his office at La
monte about o'clock In the aft, moon OF
the 2lst of December last Witness found
| a bullet wound in the flesh of the left arm
ard a bullet hoe In the breast of deceased.
Tie wound was comparatively fresh, had
feen made apparently one hour. The bull
| lei entered the breast about two inches be-
low and four inches back of the left nipple,
and ranged downward. He attended de
ceased snd did all in his lower for him.
| Death resulted from the wound described.
MR.. STEPHENS TESTIMONY.
Mr.. l. Sleph, rs testiiei that be knew
blth defendant and deceased. Was in La
monte on the day in question. and vet to
DR.. w ,lSer's, wnere he saw Frank Ssun-
d-rs. Was told what had happened, and
In company with Mr. Clingen, followed up
defendant and overlook him en- the rail
r. ad, comm. In the direction OF SedaIia-
Defendant made no resistance. With. $,
found On defendant 3S ealibre, 6ve-shOt
pistol. with one empty chamb,r.
Here the state rested and
WITNESSES FOR THE DEFENSE
were called. Judge Gentry testified that
he had known defendant about one year,
and that his reputation as a law-sbidiDg
citizen was good Mr.. ID W Thompson ttsIi-
fed 10 the same fact as regards defendants
reputation. He had known him I'll ee
March, 1882.
Mr.. Hoffman testified that defendant
was in bis employ at the time OF the kill
ing. His reputation was good for orderly
conduct. Defendant was in his employ
buying furs for him. Had some money
with him. Witness had let defendant have
his pis oil which was the one IN question.
James Gosssge and Sheriff Conner also tes
tilted that defendant had good n putation.
]. NJ. KLEIN's TESTIMONY.
Mr.. J. NJ. Klein testified in his own be-
half materially as follows: On The even
ing in lu sion he was driving along the
road Ter Lamonte, when deceased over
took him. An argument ensued about the
merits of their horses. Deceased offered to
pull his horse against either OF defeudsnt's
d las for dollar or horse for hOr e. Mr..
Clingeu soon Joined them, and The agree
ment was made. The horses were hitched
TO the double tree one TO each end. Gin
Gen lid "go" and witness horse walked of,
dragging the other easily.
Deceased called whoa" but his horse
keIt on. Deceased then said that would
d., md witness stopped bis horse. The
decesstd then began whipping his horse
and making /; pull the horse belonging TO
witness Witness ordered him TO stop, bu'
he kept on. Witness then drew MS revo
YER and lid - you, stop"
Deceased then whee led around and Thru t
his hand in his pocket SIS If To draw re-
y.lyer. saving, "--yo you, I'll fix yen
Ii you have got pistol. you GAIT bluff |
me." Wit!ess fired, and wen: around the |
h rs TO avoid dect ased. Tie went 10 the |
hedge and then called dec ascd.
On eros examination Mr.. Klein said |
he fired between the horses. He thought
that The negro was going to shoot HIM,
sad did the killing, a. he thought, IN sell |
defense. Saunders wa ked about thirty |
yards and then sat down. Defendant
started for Sedalia to give himself up, |
hen h, WIS captured by Stephen ard
Clirgen.
INSTRUCTIONS OF TEE COURT.
The I, imony of he.witnesses, ali being
In the usual instructions we're Civ the jury.
Judge Ryland instructed the jury that
they must either fud defendant guilty OF
murder in the first degree, IS charged IN
the indictment, or conclude that tie Hill
ing was justified homicide, in which case
the verdict should read mot guilty"
ARGUING THE CASE.
Arguments in tn, case were opened by
Pres cutting Attorney Heard. He wzs fol
loved by w. d. Steele and g. w. Barnett
for the defense. Mr.. He ard coed the ar
guu cot for the prose cutiOn after supper
and the case was given to The july about
o'cl OK.
The Jury was out only short time and
returned with verdict OF
mot GUILTY."
The verde is favoTably received by the
peop,e. But little interest was manifested
IN the case, and the audience was not as
large as an important civil case would at
tract. The prisoner End his wife and
two children were sitting close
tog, Their when the verd CT was brought
in. When the court read the verdict
sunshine of Joy blaz d on the wife's coun-
tensnce where before there had be de-
iected and sorr0wful gloom. The prisoner
was discharged, and tonight, for the first
time in ii months, he is at home with his
family. This has been a dear lesson to
Klein and it is presumed be will never
forget IL. Leave YOUR revolver at home,
and leave tie whisksy in the bottle. Aban-
don The Use Of both and you will avoid
trouble and misery to yourself AID family.