The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-12-20


sheriff he was arrested for perjury.
The case in the court below was all
gone over in the testimony Wednesday
the justice being called to testify to the
language which he denied using.
The officers went out to the Labborn
place June 14th, with writ to remove
the property and the family. Accord
ing to the Labborns' testimony the
officers used force to get them out and
destroyed lots of the household effects.
All the officers emphaticaIly deny this.
although they were compelled to carry
Mrs. Eabborn out aud set her in
the road. For the first time in
the history of the case, they
claimed that trunk was broken, q
bird was killed and $500 in money lost
in the evacuation. Paxton swore that
they claimed the bird had been killed in
the moving, but he examined it care
| fully and was sure it had been dead in
| the cage week. The evidence con-
sumed all the forenoon and in some in
stances was very spicy.
The Labborn case was argued at con-
siderable length and was not given
to the jury until 4:SO.
at noon Friday the jury came in
having failed to agree. They stood
nine to three for aoquittal.
The next case was that of the state
VS.. George Counsel, wherein he is
charged with stealing from G. w. New
mans store, several hundred dollars
worth of goods. Considerable time
was consumed in securing jury.
Eight men were excused, among whom
was the only colored man of the regu-
lar jurors and he was excused by the
defaise.
The goods said to be stolen, consisting
of nearly every class of ware found in
a large dry goods establishment, were
spread before the court and the jury
this morning, and Mr.. Lakin and Mr..
Lee Vernon were examined as to where
these were found and in whose posses
sion. Then The county attorney took
the list of articles. which was taken at
the time the goods were found, and
asked Mr.. Lakin particularly as to the
price and whether he could identity
them as coming from Newman s. Co.'s
store. The greater part he positively
identified, and as to the rest swore
that they were just like goods kept in
the establishment. Many of the pieces
of cloth, jewelry and perfume still had
the company's mark on them.
The court room looked not unlike a
sample room, and the quantity found
in Mr.. CounseI's possession is amaZ|
ing. Nearly the whole force of New
mans clerks were subpenaed on the
part of the defense.
Mr.. Geo. Newman was called and tes-
titled to examining the goods brought
back from Counsel's house and also told
what goods he and Worster found at
Mast's house on East street. He posi-
lively identified portion of the goods,
but as to others would not be certain.
II. Franz, of the shoe department
was called and identified all the shoes
as coming from Newman s. Co.'S. store
showing very concisely how he could
tell, by stock mark, cost price etc.
and by their having exclusive right for
the sale of several of the shoes in
this city. He testified that he had
sold no shoes to defendant but had
showed him some time before his ar
rest pair of SO 80 shoes and the next
morning he found them missing and a
1915 pair IN their place in the box.
He asked the defendant if he had got
said shoes and Counsel said he had
not. Cross examination elected moth
ing bearing particularly on the case.
w. E. Samuels, also an employe of
Newman & CO., told of finding a pair
of silk hose in Counsel's pocket on the
Sunday morning before defendants ar
rest, and also that Mr.. Newman had
told him long before to watch Coun-
sells movements.
Haines, the colored drayman, who
lived with the Counsels on Sixth av-
enue, testified that two wooden shirts
found in his trunk had bee purchased
by him, but the other things were
placed there by Mrs. Counsel.
Miss Maggie Evans was called and
identified several articles of ladies'
neck wear as coming from Newman &
Co.'s and positively identified her own
marking of the goods.
In the afternoon the defense in the
Counsel trial began their case by put
ting defendant on the stand. He de-
MED the stealing, Of course, and at
tempted to tell where several of the ar
ticles came from. Others he said he
knew nothing about. THE most of
these latter articles were those found
in his house.) His testimony was all
the defense offered and the rebnttal
was commenced by John Morgan be-
ing put on the stand. He testified in
particular to what occurred on the Sun
day of the arrest and what Counsel adj
mitted. He also spoke of the articles
found concealed in the basement of the
store.
All the testimony was in by O'Clock
and the attorneys were each given a
half hour to present their case. The
jury was out but short time when
they returned verdict of guilty of
grand larceny.
It was almost o'clock Friday night
when the argument in the Counsel case
was concluded and the case given to
the jury. No time was lost, however,
by the jury, as they returned verdict
of guilty in about fifteen minutes. This
is a conviction for grand larceny and
Counsel will be compelled TO serve a
few years in the penitentiary.
The case of Ann Hughes against
Geo. A. Finnell, constable, occupied the
time of the court Saturday F. E
Smith was made defendant instead of
Finnell and he was defended,
BY his son Joe. who an