Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-01-17

cry body OF her innocence.
1t being now 1915 court adjourned for
dianar TO meet at p. m.
United States courts have frequnetly been
charged with dilatoriness, but we must say
in connection with this court the charge
wouldn't hold..watcr. JudgeFoster has mani
,ted remarkable determination to push
matters through ever since the opening Of
The session, and last night he capped the
climax by holding two hours night ses-
sion, after holding the day session from . a.
m to 6 p. m.
Just before adjourning for dinner Judge
Foster charged the jury TO be careful not 10
converse with any one about the case, nor
10 listen to any persons discussing it.
1t was very important case,
would probably publish part or maybe allthe
testimony and might make comments, it
would therefore be better for them not 10
read the local press.
AFTERNOON.
The court met at O'Clock sharp, and ai-
ter the jury had answered to their names the
court who had been counseling with the at
torncvs in the case, looking down the room
at the vast throng that filed every inch of
the floor. raped for order and said that he
| had been reliably informed that the building
was condemned, that il would be absolutely
dangerous 20 proceed while such a throng
was present: therefore all who was not able
to obtain seats must retire. They we're fired
out and then Ills Honor said, "Gentlemen,
proceed with the case
District Attorney Hailowell rose with &
paDer in his hand and said:"As the witnesses
are called lie. them step forward" He con-
tinued to call the names until about thirty
witnesses were gathered within the enclosure.
After this formidable array had been sworn,
| Wesley Yettcr, the first witness. was placed
upon the stand and Mr.. Hat;og proceeded
t. examine him:
Ny name i Wesley Yetter; age %
lived st Newton fifteen years; came there
| from Ohio; born IN New York; knew Both
emily and Mrs. Bailey; knew Dodson; first
met Bo,heuly At Dotv's ranch; worked for
Bothemly; his place Is about two miles from
>ed.yick City; he had section Of land and
900 head 81 sheep; wuried for him one
month first in Nogcinbcr; went to work for
him again next spring; in May, SO, worked
tor him until the time Of his death; Nellie
came 20 the house about two months later;
five rooms in the house; Nellie occupied
une; she was there until they left for Texas;
ate AZ the table with Bothemly: Bpthemly
sick par. Of the time; Nellie STAYED about
the house, sometimes took rides: sometime
in June Bothcmly told him he was going to
meet Bcitha.his sister: be brought her TO the
farm; they left for Texas either in August OF
October. They started with two yoke CT
oxen, three ponies and 900 sheep, car, sioy"
and cooking utensils; At Mount Hope Both
My took sick; STAYED there and they wen,
on with the sheep towards the Territory
When they got little below Caldwell h.
and Nellie went back to Mount Hope; b.
returned 10 camp on the Polecat and they
on; heard they were going to Texas or some
Shcrs; Nellie WAS gone after Bothemly two
| DAY: stayed in camp three days; me and
| Dodson got to Deer Greek with the shee:;
-tayed till they came up: not II stormy
night when he was killed; moonlight;
sent into camp at 4:30 p. m; Dpd-
son said better go on far as
,hecp would g; there was ditch near the
ear; II WAS right in the road; good Travelled
road; Nellie and Boihenly slept in the car;
him and Dodson with the sheep. Nellie on
door, Bothemly on springs; didn't know
| when he left them; next saw her ri o'clock
next morning: she was CRYING and hallooinS;
told them 10 go TO the car, something awful
had happened; he went TO the car, called;
got 40 answer; went all round the car; didn't
20 in; went back; Dodson then went to the
car; il was about three-quartcrS of mile
from the sheep TO the car; after Bothemly
died Nellie said she didn't know what to do;
they passed Collins the evening before;
Dodson went after him: Collins came, Col
Inns was going 10 Caldwell; don't know who
stopped him; he saw Bothemly when he Wa
laid out; examined the bed; saw the pistol;
the witness was then shown Colts 10
calibrc revolver, said: that looked like the
pi.tol It was all loaded except one chamber;
that he supposed was the ball that killed
Bothergy; found the ball: rolled il up in the
l.l...l,.-. - 49,. n,.,i- ,,,. I..rI N,T9;. ODD
Collins talking; she had her shoes on when
-he carle totheIn after the shooting. She had
a Smith y Wes>on pistol; loaded all full;
they took the body to Skeleton ranch; Mel
lie and Bothemly had fred shots that even
ug 10 locate each other; Bcthcmly was in
the car and she at the blackberry; Bothomiy
tired out at the window; knew Mr.. Ierrill
Who was pointed ont in court; went with
blm afterwards to the scene Of the tragedy
10 locate the points while he took a diagram
diagram shown witness; the locations were
| riclt:-Obj,cjcd 10 by Mr.. ADV. Objection
| 1vcrruicd.-The ear was taken across tie
blackberry after be was killed; Tcrriil and
witness stepped OF the distances; didn't re-
member bow maiy stcps.-Objccied to by
ADV; discussion on the points.-Don't re
member any Of the distances; Nellie dida't
change her clothes after the killing; i; was
| about 80 miles below Caldwell; u miles
north Of skeleton ranch; none bu; Both
emily and Nellie in the car tina; night; didn't
. think Nellie MAS excit:d.
The remainder Of the boys testimony
was unjmportaut except that he said
Nellie often advised Bothen,ly %
20 b. train; tha; Bothomly
refused. also tina; Dodsou wen; back 10
Caldwell from Polecat and that Nellie gave
aim letter 10 mail; that she put 4 deed in
the letter; he saw the deed; i, WAS FOR the
Sedgwick ranch; Dodsou went away and
forge, the letter: Nellie then said it could
not be mailed TIL they got to Fort Reno
Boiheuily told witness the reason he want
ci % % % Texas was 10 get more range
also wan TO get away from Newton. He
never knew that Nellie wanted to &c; an
other woman 70 90 along. Nellie appeared
TO be- greatly interested ii his condition.
The defence put him through
long cross examination, and finally
the court said they had gone far beyond the
proper limits Of cross examination.
}. c. "a. Donaldson was next called: he
lived in the territory a; this; time sbou: 10
miles south Of Caldwell; in the cattle busi-
ness. SAW thu, parties the cav OF the tragedy