Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-03-14
CRIMINAL COURT PROCEEDINGS.
tContlnued from our First Page.l

tContiuueI from our First Pase.l
THE TRIAL or IoHs pURBlN.
In the case Of The state against John Durbin.
charged with stealing two head OF neat cattle
| from Saml. 7. Bell on the 10Th day OF July, 1884.
the following proceedings were had. Inc case
was taken up Monday afternoon, and the at
torneys for the defendant, Nessrs. Hall &
Young died a motion TO quash the Indictment.
on the ground that the proceedings were iiistttut.
ed by a private citizen, IN the grand jury room,
and deprived u citizen OF his constitutional
right to make q defense. The point was ABLY
argued by Judge Young, but the court over
| ruled the motion. and the trial was ordered to
proceed.
The following are the names of the jurors
selected to try the case: r obi. T. cooper, Y.
G. Ludwigs, VIM. q. Mitchell, jas. CALDWELL
Lycursus Wilson. Jas. Nichols. Alfred Major.
Lewis Blscom. Lewis Neale. Frilz Bartmsn'
Walter Smith and Benz 8 ark.
Court adjourned till Tuesday morning at nine
O'Clock.
Tuesday morning, court met at n'ne O'CLOCK.
Witnesses We're examined as follows:
Samuel Bell know the defendant live about
/ mile from him; have lived there IL or 20 years.
In July 1884. I had 81 head of ~cattle3 in July
latter parL-I lost two headi l tried to uno them;
Did not know 9ill then; there Is e 1em ~ .ne
l uOaSS va SontN
be heard ordinarily 8 miles, 1t was rung ou,inx
ali hours OF day aud night; never spoke TO Dur
mis- iarm at might, can't tell how 'ong it has been
ringing at night; have not heard 1t lately; heard
1t at night frequently, sometimes clapped more
times than at other times,
Observation-Disclosures cattle were lost In the
latter part of JulyI gone u week, l suppose. be-
MIN about cattle; Gil came to me last week.
aud introduced himself; l have lost no Cattle
recently. but have lost no %. ,,,,,
in 1884, In June and July l lived with John Dur
bin, Pres DurUin and John Prock; Prock 10 my
uncle; Mrs: Piggy Dur1in Is y = har b buaI ans
LIST oil July, and ut John Durbin,s about the
same time. as l worked for both; i! and John
Durbin were engaged Ia raidIng railroad and on
The Cat /. and hogs OF farmers; John and 1 and
others had All agreement; IT was to RAID any
thing that had M, ~ II; rald,ns means nHs 5u s!en,-
Pres Larbin. jim Shipiey ami others We're en-
sxxed IN the bu=Iness; in July, 1884. about the
meet at Jno Durbin's; we all met thers there
was q bel John rang 1t 10 Call us together: u
we did not hear, he Come to US; 1t could De heard
TWO and s-haii miles; bell rang at morning.
noon and night; for raids 1t rang about dark; l
know of The stealing of cattle of Saml. Bell;
John and took the cattle from Bell: the agree
ment was made in John Ashcrait's harvest Held:
we were to get them; he 10 hnd the cattle and l
to sell them; he SAID we had better sell them at
Higginsville; 1 went to HiggInsvl.le and en-
ga0ed them TO a man named Rupplei l came
back and told him I had engaged Lwo; Went to
| SpRRv Dur0In'S anu JOuuT RANK VI e AOE Nv
1 Went up and he said that Sam Bell had 80 many
cattle he would not miss them. and II he did he
would not say much; we went and got w one
of them was o red heiter and one was q white
heifer, and drove them to Higginsville; we got
to the fair ground at day light; then drove
a nsye p Do r,Es u So bill / am a IS bill. and Kept
Two sIO bills, aud gave me 81 so back; he was
in the corn crib asleep. when l came back; l
Gurbln's; this was about the Ioth July lisa. in
this county, this business was never given up
Dy. US; l rode a mare; he rode u large bay horse;
John went back from the lair ground because he
SAID several men there knew him, and cou q
do as we'll; this was the second time / ever was
IN Higginsville; 1t was a half hour by sun when
on the scales near Pacific depot; got to Bells
between IL and II at night, that Was about 10 or
is miles irvm HIgginsvilie; one helfer was :
years-old. the other 3-years-old; there were 40
or 50 head In the pasture; tried to drive IT, M
out: got 10 neao SG one .a oI tb lam, ssnS nd : a suyphins
and another wanted it they would let him have
it. When there were 8 or 1 of Us engaged In n
raid the proceeds were divided equally tetween
those VINO went. We were to lei all KNOW, SO
tn at il one heard an thing he wou.d Anow ali
.bout,i anu couli post tue rest OF Us: s., Know
TIN. WIN. Du.b in and myself got them We
got til, m GU. OF his stock pen. They were ready
pen Tracy got the hogs IRON Melirt. They
were put In John Daroin's hoIse lot, next day
drove them into q s,aik Held, then init The barn
lot aud Killed tn.m. pIss. Durbln. John Dur
uln, George Washington and killed them. ~.
mem in the sh.d and hung them IN the shed:
The meat Was N the smpkehouss he Las knew
rs,'i / sew VIM agn'S Pike and SHE parOin. Pie
said be and John Reed was there too. Pike sa d
he was on John Reeds should r and bre king
cIeat suid he saw u man lead john up tnr
rack On sunday night, Dec u. John Was Vt
Walnut Grove schOolnuuse. /. SHE DurbIn and
jim Shipley went down to break oDen freight
IRAN nn Y. & A. At Walnut Grove sshoolhou,'
b lle gods and 4 rocking chairs; a,t OF u!
Odessa; look the 8 10 10 and divided them and
cou d gel into The car. Pike, John ami Will
DurbIn told me they took 4 hogs Oh the tram
one night. Pes and Pike , 9TH told me Join
\ a. there Pulled one out by tue leg aud three
others Jumped out. they drove them home.
While driving cattle to H'gg,nsvills ne did not
stop any where. -
cattle in Ju = In john Ashcrait's field No one
else was IN the agreement Sod them tor $40.
, who proposed The stealing. vas a witness at
tue preliminary exam nation told MIR. Black
we'll about the stealing OF Bell's cattle. This
was about 6 months after stealing OF the cattle
Reason l came ID the boys were arrested. and !
told uncle John Prock about u. and In u 'iay or
Two after told Blackwell. Know Lewis Burr.
saw him the day | gave up to BLACKWELL. Never
had any communication: from Burr oe,ore !
tne eut Was not Ut Odessa. When the boys
were arrested Pike told me about it.. Never
spoke to John Durbin since. Stealing cattle was
Inc first iuS we ever did. At this time DOM
think haI met all lhs other gang. Don't know
! who pr, posed TO steal. Think both of 10 pro-
posed it,. When arrangeme I to steai HaS made
agreed to 20 on railroad. Don't know that the
cattle was the fret agreement IL was the
first stealing ABOUT u wees boiere we made
the agreement. Don't know what was said In
frst a. ieement. After stealing the Cattle we
E entered into the agreement IL rob the railroad
before any other RAID. Then We got the boots
/ and Amos Durbin took the lard. Amos, Pres
and / got the boots; Sold a barrel and eat part
of 1t. Can't say what ] did with the money
10th of september We got tn. lard.
Re- DiIect-On the 25th oil July We got a boz
OF boots and q box of shoes and took Them to
Peggy Durbin's John got one pair Of boots
) he tooE lh.m to Kentucky. He took all soEts oil
trunk shipped Got here early, half hour b,
, sun John Durbin started with The Eooas. The
t ssSenI c"uId not tell tn. amount of freight We
= .0id sic worth OF lard 10 the commercial hotel
1 Sold Summers 80 worth SOLD " " worth In
E Leonard Rupple-Kuow Geo. Gill. In July
shout tins 10th, &c came and made arrangements
to Gel. N. cattle the next day. Next mornlng
b..or: Daylight be came with The cattle. l wen
with him. he had one ph,te and one r, d heller.
:. boug t them amt mad them Weighed At aissourl
Shipley He oferea to sell me cattle. Had stray
, cattle, had them 2 years, and l offered to buy
them shlplsy . tio Ne tnCuGnt GIN nau SOU Mt
stray catIie AN, gave description Of them.
= Erauk TEtl-Knox where lob DGrbin lives
4 I went there Gu The .P Il OF January. l got thu J {
alter dark. Saw bell, erected on post about II
lee high. ordinary plantation bell. Mr. BUR-
l aud l 1 Ok the be ! down 4 lady came out Vi
, tbs lack door while we were taxing II down
she wanted to know what we warned with tne
bull We :o.nd John Durbin there and In ar
hour or SO FIRES Errb,n cams. No Cross ex'
animation
r C Russell-Am agent Of .hs hissoar
purbin. Last fall l shipped goods to
:, Kentucky. Ga the 26ln day of September par
. lies drove up in q 2-horse wagon. sud put soous
E of AZ depot. sone party uitervards bought
ticket to 81. Louis, ana lett $50 with ne 10 pay
r freight. Alter wards ! got iste which wal
SIT 20. The change was never called Tor: ! hsv'
II yet. Goods shipp,t 10 by , Il
Ths man who shipped the goods left OIL the sotf
OF sep,smbcr, and the goods were shipped or
The Gun OF october. There were 2 parties will
e the was n
, sa, and Shipped sock. In December lost son'
s hogs, about The 1911 ioat s hos. 1ney were II
r the stock pen. Tney were ~cith about sS5 Of
sac Ramsey and l owne the hogs 49,
: from 3 young NAN in town, about go pounds
paid auout s2U 20. 9 cents per pupnd Weighed
= ! ird in The wagon. Put scales In the wagon
) Conf not Use the !asd 10 account. DO no
e Stewart summers-in Srp'eInoer boagh
: Lard Can't isIl Wh.n, fue looking lard, b;
not good / 20. about 100 pounds. lodeIsi Il
y take IT ell. Int the man @Alt ne large cask wa
David WashingrOn-l know john Dprpln
SEQ Gril, Will sud SHE DIrbin Remeintel
killing 3 hogs at Uurbiu's isst Hecember IN IL,
night. Meat wus divided Out. geo. s!il toal
p Irt Ihr hogs, / think, vs:ae sroIE Odessa !
was 10 or Ii O'Clock when We got done Killing
.lngr IN. MAI in rhp suuOkr house and cut u W.