Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-15
UNITED STATES DISTRICT COURT.
Proceedings CT the Federal Court festeE6sy-
The Thurmau-Smith Murder Csc

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yesterday morning at s:45, Judge Foster
presiding. The court room was denscly
packed The jury in the case Of the United
States vs.. Albert p. Thurman all answered
to their names and the case was got under
Roadway. Mr.. T. y. Sedgwick. Of Emporia
the attorney of the Dominion Cattle com
pany, was in court TO assist in the prosecu-
ton. CO.. Hsllowell did not care to 20 into
the case the day before, because he knew
very little about what bis witnesses would
testify, Mr.. Sedgwick having previously at
tended to that matter. The wit
ness Jim Arthur, whom the gov
ernment put on the stand the
previous evening, the prosecution claim
rnisled them as to the testimony he would
give in the case; therefore the prosecution
did not put him on the stand again, the de-
Tense, however, did.
As want Of space precludes the possibility
of going infinitely into the evidence, We will
briefly review the leading features of the
case in the light Of the evidence.
In yesterdays report we stated that the
deceased was foreman of the Dominion Cat
tie company, and the defendant fo-eInan
the New York Cattle company; that there
had been a dispute about a certain camp
built by the Dominion company; that on the
lst day of September, 1889, aboet moor, after
what, in caw-bey phrascology, Is called a
round up which means a separating of
different herds, Smith, the deceased, in COM
pany with abcut ten other cattlemen, among
whom was Jockson, the manager
of the New York Company's
ranch and three or four Of his rlen, were at
point near Buzzard't Roost, in the territory,
having general talk, when Alfred 7. Thur
man, the defendant, rode up and asked Smith
what he was going to do about moving that
camp. Smith replied that he had orders
from his company not TO move it, and that
| be would not. The defense then claim that
Thurman asked Smith 70 let him move it for
him, thereby relieving Smith from the posi-
ton of having disobeyed orders. Defense
then claim that Smith replied that he had
better no: meddle with the camp; If he did
he would get into Oh bad trouble"
that then Thurmrn said if there was TO be
trouble, all right; that thercupon Smith,
who was yariously estimated to be any a. here
from six to fifteen feet from Thurman, .c-
cording to the testimony of the
various witnesses, drew his six shooter and
pointed it at Thurman; that the defendant
then spurred his horse on towards Smith. and
at the same time pulled his revolver quickly
and pointing it across in front Of his stom-
Zach and over his left arm, fired, the bullet
entering Smiths head about half an inch 20
the rear and about an inch below the lobe
of the right ear, and coming ont near tho left
ear, and that Smith dropped dead from his
horse. The testimony FOR the prosecution
agreed in the main with the foregoing until
ii came to the point Of drawing the wcan-
Gus The governments witnesses swore that
Smith WAS sitting on his horse wiihen leg
thrown over the pummcl of his saddle, with
his head bent down, when Thurman shot
him, and that he had not ut any time during
the controversy, drawn, or ATTEMPTED to
draw his revolver, and that Thurman eic-
waited his pistol high as his breast and
pointed it fair cut in front of him when
he shot Smith. \ wide difference
existed between the witnesses Is e. where
Smiths pistol lay on the ground after he
fell from his horse; in this respect the wit
nesscS of the government agreed that the
pistol lay by his left side and about the
middle of the body. This statement was
corrobora:cd by Thurman himself and BIZ |
Jackson, while the other witnesses for the |
defense claimed it lay in front Of his right
side Thurman swore that while Smith .ay
on the ground after the shooting. hc called
all the boys 10 witness the presence Of the
pistol They then all rode away leaving the
body there. None of Smiths EMPLOYEES or
associates were present. Five or Fix Of the
New York companies people were there in
close proximity TO the parties during the
tragedy. \ wide discrepancy existed be-
tween the witnesses Is TO the position of
those around a well as to that of the prin-
cipals in the affair. II looks almost inD1s-i-
ble that the ball could have struck Smith ~
it did, aud taken the direction it did. II Thur
man was right ~ against his horse when he
shot, and did not elevate his weapon higher
than his abdomen. Another singular cir
cumstcnco, and one to which Col IIalluwyll
alluded IN his argument was. that after all |
the witnesses for the defense had Seen smith |
so distinctly draw his revolver and point it |
at Thurman, that the latter should call their |
attention to the pistol lying on the ground |
near Smith, as il to have them note the fact |
that he had pistol. Another point some |
what inexplicable was, that if Smith waited |
to shoot Thurman, if he had tie drop on |
him as the defense claim he did, why did he |
not shoot. He certainly could have |
done so. There was no attempt made |
to prove that Smith discharged his |
weapon at all, nor did the defense deny the
killing by Thurman.
At e:25 r. IN. the defensed rested their
cvse. The court remarked that one a half
hours ought TO be long enough for each
side to argue the case. This Was agreed
upon, and Mr.Scdgwick, of Em2oria, pro-
coed with tie opening argument for the
government At this juncture Judge Fos-
ter said he had been informed tina: Judge
Sluss had considered it unsafe 70 hold court
in that building while full of people As i.
was now; therefore, he ordered all those not
seats to leave the room. Mr..
Sctg-yick reviewed the a,iio-,c, ., 81, 900
and referred 10 the impossibility Of the
shooting being done as the defense claimed:
he also made other good points. lie WAS
by VIM. Seward Scott, Of Kansas
city, for the defense, who entered into a very
minute and exhaustive review Of the testi
argument extending about an /,
hour. Col. Il. q. Boggcss, his associate. fol-
owed, occupying the remaining bali hour
Both these gentlemen displayed fuc legal {
'ttainmeuts and perception in grasping the :
eadinS points in the case
Col. j. T. lloliowell. district attorney. fol-
owed-his argument occupying about half
IN hour. His argument was the most clear
pointed, far and eloquent argument ever
made in a court IN this county. lie graspcd |
III the most salient points and pre-
ented them in a wonderfully clear. I
ogical and forcible manner. lie made !
impression upon all who heard i