Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-10-10


talked oyer and had formed opinions,
so that The filling Of the PANEL was not
a very easy task. Finally howe a
Jury was selected, consisting of the
following gentlemen:
w. S. Irwin, W. S. Walton,
Jos. Smith Peter Roland,
Geo, Baum, j. +. TOmbeIiin,
Oliver Rubin, j II. Ham,
j. NJ. Hull, j. 7 Dunning.
S. Workman, Peter Post.
After the County Attorney had made
a brief statement of the Gaze TO the
Jury, the witnesses for the State we've
sworn, and
b. j. STANTON
was placed upon the stand who testi-
fed as follows:
My age is 46 years. 1 live near Lo-
gan ard have lived there - years.
an acquainted with the defendant ard
have known him from to 5 years.
Jaw him in Logan on the 9th day Of
last July was also acquainted with
James NJ. Dodge, the deceased, ard
saw him in Logan the same day.
saw Frank Sims. the defendant, on the
27th day Of last July, shoot james NJ.
Dodge, On the public streets Of Logan,
close 90 Tom. Wilson'S saloon / ca me
out Of the saloon and went to q well
close BY to get a drink. Sims and an
other man were In front of the saloon
talking together. Dodge came up the
sidewalk aud passed between them,
then turned and walked back on the
inside Of the sidewalk. Sims walked
along on the outside OF the sidewalk
just little ahead Of Dodge for few
PAGES. Sims stepped of the sidewalk
and told Dodge to step back or be
would shoot him. Dodge Strengthened
up and Sims drew a revolver and shot
him Sims then walked westward up
the street and said be would not run
off, He met the Marshal who took
him into custody.
GROSS EXAMINATION.
The street spoken of runs cast and
west. The saloon was on the north
side fronting south. The side walk is
stone. The well is eastward and a little
sOnth OF the saloon. about 10 or 20 feet.
When I came ont Of the aIoon saw
Sims first cannot speak the mans
name with whom he was talking. CIIere
The witness was asked tilt Was i.Okmes.l
Yes it was Lohmes. They were stand
ing on The side walk west Of the door.
saw Dodge soon after, lie pass, d me
IN the ca and was going west. LoLmes
and SINS were about feet apart, Sims
next to the house. Dodge stopl ed when
h. came up and locke d sims right in the
face. lie then passed between the two
men. was Is OF 20 feet away Dodge
walked vest OF S ms and then turned
and walked around next to the building.
Then Sims went in a utheasi direction
and Dodge followed him. They were
from 3 10 6 teet apart. Al the time Of
the shooting they we're about 5 feet from
me. Dodge had followed him 10 or u
feet. saw no hostile demonstration of
Dodge. Sims drew 8 revolye and said
''stand back or viii shoot YOU" Dodge
stopped Sims pnt revolver back, then
Dodge Strengthened up and Sims agaiH
drew his revolver and shot. Dodge
first stood in a crouchiBg position. which
vas not a natural Ope To hims he usually
stood erect and / cannot say wig he
crouehed at that particular time. After
shooting Sims walked west down the
street. AT the time Of the shooting q
gentIt men was standing near, cannot
say who it was. n0ticed no other par
lies ia particular. The Marshal then
zane up and took Sim unto Gust ady- Sims
= a. not concealed, it was in the evening. I
but daylight, and a clear day. Sims
had just stepped OF the side walk when
be shot. the walk was or 2 feet wide.
Dodge was 9 or 3 feet from the building
when Re was shot believe he called
,ut shat he was shot or murdered.
Dodge was standing a little wass Of
aqrth e Sims When BE Wss ehet