Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1886-09-17
u. S. DISTRICT COURT.
Eek Ross Sentenced to the Peni-
Tertiary for Three Years.

Abel Deals now on Trial for Intro
ducing Liquor Into the Indian
Territory.
After the con-t had assembled yesterday
morning the case Of Eek Ross was called.
Ross is another member of the Wade gang
and a brother of Kit Ross who was hung at
Fort Smith, the 9th OF last month. The
charge against him was assault with deadly
weapons. The first witness introduced was
Alexander Rankin, fha man upon whom the
assault was made. He said he was standing
in the door of his store in Shawneetown;
when looking up the road ne saw two-horse
it coming towards him, behind was Ross rid
ing horse. As the latter came in front OF
the store, he said that he was going to ride
into it and told Mr. Rankin to get away OF
he would shoot him Rankin reached back
for an ax-handle and Ross told him he
kill him if he did not put it down. Rankin
closed the door and Ross fired three shots,
one passed through the window, the Others
through the door. In an hour he returned
again with Wade and made about the same
threats About dusk of the same day he re-
turned a second time with another party,
and Mr. Rankin being warned ran to the
neighboring store of Mr.. Clay and concealed
himself After swearing that they came to
kill hin,.and that he should lever again open
his store, they left. The next day, whom
Ross came back to carry out his threats,
Rankin met him with a Winchester, and the
Desperate meekly slinked away.
The evidence was substantiated by
that of Clay, the merchant in whose
store Mr. Rankin sought safety
Elliott cattleman; and Clark
Smith, Eskridge, ..Lazell, all farmers, vino
saw the assault, or parts of it. Even Ross
own witnesses, Jim Wade and Robert Can
ais, did not give any different version of the
affair, but said that Ross was SO intoxicated
as to be irresponsible for his acts.
After the evidence was all in the court adj
journed.
Afternoon session was called at 2:l5 and
the argument in the case OF Eek Ross imIie-
diately opened by United States Attorney
Perry He was followed by Mr.. Carson for
the defense, and then the district attorney
closed, The charge to the jury was given
by the judge, he said that there would be nc
difficulty in seeing that the assault was made
with deadly weapons, and as for the defense
of intoxication, the jury must form theii
opinion from the evidence given. The jury
retired.
The grand jury took their seats and made
another partial report, returning twenty
nine indictments. 1t is thought that their
final report will be in tomorrow.
The case Of the United States vs.. beats was
next called At AS aftsr . consultation OF
about one hour the jury brought in verdict
against Hck Ross, finding him guilty a.
charged in the indictment" The judge then
ssnssaced him to hard labor in he Kansa,
penitntisry for three years
The caso aga;nss beats was thea proceeded
| With Mr.. Hagen, assistant state attorney
presenting the STATES sids of the case, thai
Deats ran . sort Of 'joins' in the territory
and sold cider strongly mixed with whisky
Judge Campbell presenteI the defen.., stat
| ing that beats was but the kesper OF a pea
nut stand and among other things sold soins
cider.
Mr.. Blair, the frs witness called, said that
he never saw beats introduce any liquor irtc
the territory. One evening at his house jim
Wade, Pete La1elle and himself while play
ing cards made beats bring then over fou;
or FIVE gallon. o: cider, which thoy all drink
ing became intoxicated.
On croy-examiration &c said be
hal bought cider ~ otAer times; never saw
D.a.ss put aaytaEax in it sxcsrt nussard
uaich ~ aid was 70 k.ep it from fsncns-
tsg.
Vordsnan, tae man who had hle1 the
shoxa, va next aallei aad s.id hat he
bought sAe SUR in August or July 1881
nnd hat il did not taste like cider, but like
| it might have alcohol in it.
Ralph Smith, tina next witness had drank
the cider but did not think i. contained a!
cohoL
| Jas Mcdowell hal se,n nsn intoxicated
| from drinking it, bit hs did not think it va
alcohol Or shat the Old gentleman had ever
introduced whisky into chs Territory.
| Sam Davis said the cider was keps il h i
ware houss
| George Yong sad that it wa' male in Ia
orchard.
Deate,, the defendant, who gave his aga 3
~, AMI looked like broken down Old man
| was pu. upon the stand and made cornples
denial Of tho charge. he told q straight
forward story and his evidence Was 10
weakened by cross examination.
The evidences bsi2G ali lie court vas I'd
;our1lad until this morning a. $50 when tne
| ar.yr,r,ant will Ina cO,nIuauced