Wichita eagle., 1886-09-15
U. S. DISTRICT COURT.
Tell Walton Completely indicated OF
the Charge Of Arson.
Interesting Trial Of Wade and Two
Members Of His Gang for
Horse Stealing.

eEttu eulCoF Vi CHe OdluWeu journal, was &C
cused, with C. Rodgers, of burning house
containing printing press, within the Okla
homa country, about two years ago. The
judge heard the evidence OF the witne sses fol
the state, and, as it was in no wise sufficien,
to sustain the charge, he ordered the jury tt
bring in a verdict Of not guilty, which wa:
imediately done.
The case of the United States VS. AL Soult
was called. The defendant appeared and
pleaded not guilty to the charge Of larceny
Court was then adjourned until the after
noon.
The first business in the afternoon session
was the dismissal Of the witnesses in the case
against George Morris, after which was
called the United States vs. James Wade
Doc Crunk and John Trussler. Mr.. Nc
Meekin, VINO had been appointed attorney
for the defendants, asked that Davis, pris-
oner in the county Jail awaiting removal to
the state penitentiary, be brought into tie
court, as he was considered a necessary wit
ness The request was granted.
A controversy arose as to~whe:her the in
dictment should be joint or several. The
court held that since all the men were
as a joint indictment. Two pre-emptory
challenges were made by the defense; first
Mr. Wisner, second Mr. Bass. Mr.. Brothers
was sworn in in place of the former and Mr..
Stunkle, Sumner county farmer, in place
of the latter.
/ ~ q no ctota al
| and in {; few words presented the case to the
jury On or about the 10th of November
| Root Curtis living on the south fork of the
Canadian river in the Territory had two
horses stolen from his pasture; he started in
pursuit; and in the state Of Arkansas over
took Trussler and Davis with the animals
He arrested them and was returning with his
prisoners and property when he was charged
upon in Pottawatomie county by Doc Crunk
and Jim Wade and forced to give up his
prisoners and horses. The state he said will
further show that these men are the MEM
bers of an organized band of horse thieves
which have been terrorizing that section of
country.
The defendants attorney waving state
ment to the jury the examination of wit
nesses for the state was Immediately COM
menced.
Robt. Curtis was first called. He said he
lived in the Kiowa-C omanche reservation,
and was acquainted with the defendants. On
the 25th of Oct. 1885, he had two horses
stolen and setting out on their trail overlook
Trussler and Davis in the Pottawatomie res
e.vation, regained his property and took
these men prisoners. About the 10th of Nov.
he had reached Widow Deers ranch in Potta-
watomie county on his return, and remained
there over night. At day break when he
went ont to find his horses, Crunl1 and Wade
came riding up on horseback and placing
Winchester rifles against his breast. demand
ed the horses and prisoners. The stolen
horses were after some parley saddIed and
ridden off. About month afterwards he
saw the horses: Davis had one, Crunk and
Trussler the other.
On cross-examination his testimony was
not changed. Crunk, who who was taking
the deepest interest in the trial, became dis
pleased with Curtis evidence and cried out,
~ on are q mar.
He had scarcely spoken the words before
Judge Foster gave the rascal such a severe
and scathing rebuke that he is not likely to
repeat the words in court.
r. f. Gable was then called He was
deputy marshal; knew the defendants and
was with Curtis when he made the arrest of
the parties Trussler was riding black
horse. Crunk was in a wagon ahead. Being
cross-examined he said that Crunk was on
his way to Texas when arrested and had, he
was told, stolen horses in his possession.
Isaac Goddell, half breed, was the next
witness. He lived in the Sac and Fox agency:
had known Wade for six years; had worked
on his ranch; Wade came to his house with
Crunk and hired two horses to go for his
men; returned next Monday with two other
horses and Trussler and Davis; they paid for
the hire of his horses. He was cross-exam-
iued but his conversation with his hired man
Porter was not admissible evidence and he
was dismissed and the state rested its case
The first witness called for the defense was
Doc Crunk himself. He is of medium size,
about 40, rather slender, has thin lips, large,
bullying eyes, black hair, clipped moustache
and a shrewd, mean looking face
He said be was moving into Texas from
Pottawatomie December 1, when arrested
He was driving in a wagon and Trussler was
ri ling some distance behind him On No
vember II he and Jim Wade started in
hack for the Sac agency, and when at Ike
Goddelrs he took supper and hired two
horses of him to go and rescue two men
whom he feared would be mobbed as they
were going through bad country He rode
to Widow. beers, alghted and after Jim
Wade had put the bars down entered the
yard and said, Good morning" to Curtis,
who Immediately handed him over
his fire arms. He entered the
ner, Wade loaned Curtis So 50, Trussler traded
horses with the latter, then he, Wade. Davis
and Trussler all started awav He did not
place gun against Curtis breast, and the
trade was satisfactory all around.
On cross-examination, his story was very
cleverly ridiculed by Attorney Perry
John Trussler. called Panhandle John" a
sallow complexioned, curly haired, blue eyed
solemn looking man of about thirty five. was
next called. His story of the transaction
was about the same as Crunk's.
Silas Davis, a boy of not more than TWEEN
ty, with an ugly, uugainly appearance. next |
took the stand and told substantially the /
same story as Trussler.
Jim Wade, last of this lovely quartete. was
next called He was brother of Bill Wade I