Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-14
UNCLE SANS COURT.
Proceedings of the United
States District Court Yes
terday,
John l.. Wood Tried for Grand Lar-
ceny and Acquit:ed-The Smith
Homocide on Deck.
LIST OF JURORS.

court room, when court was organized,
the following officers being present:
Hon. c. G. Foster. district judge; Col j.
r. Hollowell, district attorney; Chas. Hat
ton, assistant; j. C. Wilson, clerk; George
Sharrett, first deputy marshal.
Tho following is list of the grand jury
impaneled:
Charley Lantry, Strong City; r. b. Lynch,
Newton; X. TIT, Walton; VIM. Jeffrey, Elm
dale; Wm Fortescue, Leavenworth; Otis
Whitney, Oswego; J. X Skinner, Eldorado;
Isaac Booth, Larned; George Umbarger,
kiowa; l.. Larsh, Larned; John Brown, Ma
rion: 5. V. Walton, Mayfeld; +. A. Fan
shier, Fall River; A. w. Long, Paola; j. b.
Parrot, Greenburg; J. l.. Middlemyer,
HAYS City.
The following were accepted as petit jul
rors:
Uri Coy Elk CITY; G. L. Horton, Hays
vile; T. Y McDll, Walton: J. B. Lins-
boxer, South Maumee; s. T. Jones, Strong
City; j. Hollowell, Milan; Joseph Collins.
Caldwell: J. T. Anderson, Eldorado; c. J..
| Dreghan. Phoeta; Il. W. Herrod, Usage
Mission: j. \. Covert, Ncosho Fall; G. w.
| Shelley. Mcpherson: \. c. Foot, Salina;
Thomas Glover, Wichita; VI. L. Carson.
Parsons; J. d. Guthrie, Arkansas City; W.
ii. Carter, London; Robert Lawrence, Wich-
tia; w. W. HAYS, Haysvile; W. G. Patton,
\ Cottonwood; Dan S. Lindsay, Marion; Al
mon Dodge...Wichita; VIM. Shut, Centre
Ridge; A Hughes, Winfield; Levi Gum,
Great Bend; T. II. Lynch, Burlingame; Har-
rison Dubois, Burlingame; Chss. Goodyear,
Quenemo; Stephen Ogden, Lebo; :. l..
Meyers, Usage City; W. +. Henderson,
Erie; Alex Dennis, Great Bend; \. }. kins-
lev. Hutcbison; Y. c. Maurer, florence;
Warren Scoield, Alma; A. J. Ralston, Tow
anda; Joseph Shaw, Cambridge; G. NJ.
| Francis. Runnymede; John Julian, Wamego;
s 5 Russum, Independence; c. ID. Hutch
| ings. Kingman; Amos Cook, Michigan Val
lev; Chas Miller, HAYS City; Geo. VI. keene,
Alma.
At IL O'Clock n jury was empanneled
and the grand Larceny case of the United
States vs. John l.. Wood was called. Wood
having no counsel, the court assigned VIM.
Seward Scott, of Kansas City, TO defend him.
The United States attorney in presenting the
case TO the jury, said On or about Septem-
Der 1st. 1883. the defendant stole sum of
money-aboUt ninety-six dollars-the pop
] 8 TT L.
trunk in her house at the Usage agency, In
dian Territory. The theory relied on by the
government in the case was that Mrs. Ne
Laughlin. who is an Indian woman, drew
her annuity Of 500 at that time, on Satur-
day; that the money was of the denomination
of hundred dollar bill: that on SUNDAY
Mrs. Mclaughlin endeavored to get the bill
changed TO pay off some hands, but could
not 90 so until Monday: that defendant
worked for Mclaughlin at that time and
that after the bill had been changed Mrs. Ne.
put SOC Of the money in her trunk; that on
Tuesday morning the money had disappear
ed; that defendant slept in the room and
took the money, bought a horse for it and
in about two weeks left the Agency and
went to Chautauqua Springs; tEat Mr.. Nc
Laughlin followed him there and had tail,
with him; that Wood confessed to have
taken the money. and agreed To surrender
the horse on consideration that no legal pro
ceedings We're brought against him. Owing
to sickness Mrs. Mclaughlin WAS no; pres
eni, but her husband was. Mclaughlin
testimony sustained the foregoing theory
Deputy United States Marshal Purcell
who arrested Wood corroboraied part OF
McLaughlin's testimony as did also Ed
Higley. The defendant was the only wit
ness in his own behalf. His story was that
he had been working around the agency
over year for various parties, Mclaughlin
among the rest; boarded with Mclaughlin
got pretty fair wages and AWAY. had money
bought pony for $50; got money twic,
from his folks in Missouri; that he stayed Al
the agency about four weeks after the rob
berry was alleged to have taken place: that
he traded the pony for the horse and CAV,
SIS TO boot; that he acknowledged to having
taken the money under promise to be re,
leased after being arrested; that Mclaughlin
accepted the horse from him and that he
was not released. When the evidence was
all in it looked as if the prisoners own tes-
timony WAS the most damaging. The gov
eminent having made out weak case. Nj
this juncture court adjourned for dinner.
AT p. m. court reeonvened and the jury
took their places. The government waived
the opening argument, and Mr.. Scott, the
| defendants attorney, proceeded 10 argue his
cause, which be did in an able manner. Col.
Hollowell followed, making the case for the
government look pretty clear. The court
charged the jury who retired, coming into
court about an hour after with verdict of
scquittal, and the prisoner was discharged.
Pending the decision Of the jury in the
Wood case, the Smith homicide case was
called and the following jury was accepted
by both sides: W. W. HAYS, Dan :. Lind
say, A!mon Dodge, VIM. Shut, I. Il.
Lynch, W H. Carter, j. ID. Guthrie: VI. =
Carson, Thos. Glover, Chas. Ii. Goodyear.
LeyiBrUwn and Harrison Dubois. Nm.
stewart Scott and r. G. Bocgess. af Kansas
City, appeared for the defense. The indict-
ment in this case is murder in the first de-
gree. The case. as outlined by the United
States attorney, is practically as follows:
On or about the first Of September. lss3.
the deceased &. c. Smith, foreman of the
Dominion Cattle Co, and Al Il. Thurman,
the defendant. foreman Of the New York
Co. had some dispute about their respective
lines and camps. That on the day named
they met, and that defendant sho; deceased
in the head, killing him instantly. Tho
prosecuting attorney called nineteen VII
nesses for the government, but only four
answered 10 their names. Attachments were
issued aCain,t four others. who. i Was said.
was in the city. DR.. Edward T. Comvces.
post surgeon I. :. Army camp supply, WAS
put upon the stand. bu; know nothing further
than that he had examined the wound when
the man was brought 20 the post. The ball
entered the lobe shout an inch below the
right ear. and passing through the head camc
cut near the left ear. Owing 70 the absence.
OF tie governments witnesses the district
attorney asked that the case be continued.
but this the court overruled. rerna-king tha.
the case had already been continued twice.