Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-18

| WIKI TutlIlldliSll puN WIS S~~-~'f
Donaldson helped dig grave; saw Nellie and
Dodson leave that night; they were invited
10 stay over night; did not appear to be in
grief; asked how much she owed him; he
said nothing; she smiled and thanked him.
John W. Weaver-I reside at Newton;
knew c. L. Bothernly from 1880; he was
sick at that time. He afterwards stayed at
nv house from July, 1850, TO February,
1881. | am an Englishman; Bothemly was
an Englisnman; Lizzie Taylor was house
keeper for Bothemly before he came TO my
house. go: acquainted with defendant at
| Newton in 1879, before she married Shan
non Bailey; while Bothemly Was at my
house defendant was introduced to him
there; after her marriage to Bailey she and
Mr.. Bailey visited Bothemly at my house
once or twice: knew the herd of sheep that
Bo;hemy owned in 1880; Bothamly told me
he had l.76s head; in 1850 he bought 500
sheep at Dodge City, and paid $1,000 for
them These sheep made herd of 1900 IN
all; he bought 81 rams and other sheep in
| Wichita that fall; Bothomly told me he ar
rived here with $4,000; he bought the
Marsh house in Newton for $3.50, and sold
1t for 1000; be owned farm near Sedg-
wick City; he owned some sheep when he
owned the Marsh house, and bought the 9TH
| er sheep after he sold the house; witness did
not remember when defendant and Shannon
Bailey were married
\ D,.in,,l--
great deal of trouble to me. He often
walked with a stick; had rheumatics in his
knee; he got me frequently to 90 down TO
the ranch for him, as he was not able to
1 deed given to Bothemly in the purchase Of
the Marsh property Bothem!y told witness
| he paid cash for the Marsh house. When he
sold it be got $1,000 cash. Bothemly bought
the sheep after he sold the Marsh house.
Mrs. Bailey and her mother. Mrs. Benthusen,
visited nv house once. | don't remember
of having told them that Bothemly WAS a
mean man and oyerrated his possessions.
Re-direct-Don't know how long the
| Benthusens lived in Newton before moving
to their place near Hatfield.
i Mrs. Weaver wife of the preceding wit
ness, testified to the substantial facts given
by her husband.
Abraham Rhodes-I reside at Caldwell;
know the road running between Caldwell
and TT. Reno defendent was arrested Octo-
Il, 1853; found bed-clothes at blackberry
creek, where the car camp was; found II
pillow on the south side Of blackberry creek
while / camped there; found the tick of the
| pillow in Il little valley; there was ahole in
the tick; one end was torn about six inches
from the end left the tick on the prairie;
the hole was about rs big as five cent piece
and the fabric WAS stained with blood
Cross examned-I went there with Hollis
ter, the marshal, As posse; the pillow tick
was saturated with blood; threw the pillow
tick down on the prairie and left it; sidn't
think anything about its Importance as evil
dence in this case.
Redirect was censured by HOLSTER for
not bringing il TO town; my duty was only
t. remain with the herd.
Dr. Fabrique-I reside in Wichita; am a
physician and surgeon; in my opinion
person shot as Bothemly Is said To have
been, would die instantly; bail passing
through the base OF the brain produces
death at once. Witness was given illustra
tons, As WAS DIR. Allen yesterday, and asked
how the hand would fall. He thought the
hand would fall limp at his side; thought
the raised hand in death would be rather
unnatural, but sometimes the rigidity OF
the muscles caused an arm or limb to re-
main in peculiar attitudes. Rigor morris
sets in various lengths of time after death.
Cross-exsmincd-I am not a graduate of
any institute, but have practiced nineteen
years; have seen men in the army killed IN
stantly by gun shot wounds; never studied
about attitudes OF re hands of suicides. us to
clutching weapons the hand of a per-
son shot rs Boiheinly might remain cle-
waited toward the face
Robert Reese. recaled-Nelie left Wan
kesha June 9TH; think she went by way OF
Chicago; | received u telegram from her at
Chicago. tShown telegram and identified
i'll Before leaving Waukesha she said she
was going TO Newton TO attend to her house
and lot there; she said some one bad money
of hers out here; she did not say when she
would return; it was not understood between
her and myself that she would return at all.
| never knew of such man as Clement l..
Bothenly till | read it in the papers.
y formidable array of letters lay upon the
table, making the place look like dead |
letter Office Assistant District Attorney
Hatton proceeded TO open and hand them TO |
the witness; there were fourteen of them, |
dated in different places and addressed to |
Reese and signed by Nellie. There were
fourteen or fifteen of them; Attorney
Hatton proceeded TO show them TO the |
witness, who identified them as re-
ceived by him from Nellie. A
soon as identified they were passed
over TO coun ell for the defense
and their contents eagerly devoured by Mel |
lie and her counsel. After all had been |
identified and examined BY the defense, Mr. |
iiaAtpA pl'CscNcu 10 rthu tIltii 20 lilt JURY /
At this iuncturc, Charles Elwood. who |
was found guilty few DAYS ago of stealing |
COW from Drurv Warren in the Indian
Territory, was brought into court and was
asked by the court if he had anything TO sa,
why sentence should not be passed on him;
he had not; Il will send you for :he term Of
one wear 10 the Kansas Peniteqtiary," said |
the court.
Edward Smith, alias Edward McSweeny,
soldier dressed in his uniform, was then
brought up and Commissioner Sherman
proceeded to read an indictment to him tina,
would scare any sane man. He is charged
with the murder of Mrs. Mary Elliott at Fl
Reno. Indian Territory, last summer. He
entered plea Of not guilty. J. ID. Houston
of this city is his counsel. who said that time
should be given him TO get witnesses. The
case was put down for March Q, 1885
Col. Haliowcll requested the court
10 place the government witnesses under
bonds to appear at that time. Their own
recognizances We're accepted.
The court now ordered the Bailey case 10
proceed. Mr.. Hatton proceeded to read the
letters. all Of which were couched in the
mos, endearinc terms. indicating that