The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-12-13
plsTRlcT COURT.
William E. and frank ssoops Charged With sheet
ing ". E. R1st.

were all present at the opening with
the exception of few. The first case
called, on the criminal docket was that
of the State Us. William E. and Frank
Stops. These parties are charged
with feloniously shooting one VIM. E.
Rust. on or about the first Of October,
one mile north of Allen, this county.
As viii be remembered from the ac-
count of the difficulty in these columns
at the time, both parties, Stops and
Rust claimed lease for $50 acres of
hay land.
It took some time TO secure jury,
as half dozen were excused for vari-
GUS reasons, mostly on their lark of
full belief in the right of self defense.
It was evident from the questions OF
the defendants attorneys that self-de-
Tense was to be the plea. S. B. Riggs
and Guy Service were examined as to
the lease which Rust held. From their
testimony it was cleaned that Service
had lease from Riggs, an agent Of
the owner, Duey, and he tService) had
released it to Rust in exchange for
pasture. Rust is q man OF thirty-five
or forty years of age. His testimony
was not as clear as was expected and
the defendants lawyers succeeded
in ''rattling" him. In regard
to the shooting he testified that
he drove up to the hay field, where
he found the Stoops boys. They
warned him not TO go in and had
nailed up the wire fence. He told the
young man with him to give him the
Ratchet, and he was raising it to tear
down the fence when William shot
him under the right arm. He got
behind the wagon and pulled his revolt
yer and began to fire. He received
another charge in the side of the head.
Only two of the shot have been taken
out. About eighteen are yet in his
body and he is just able to be around.
Rust could not satisfactorily explain
how he came to have his revolver with
him, only that he occasionally carried it.
After dinner. Michael Roberts, who
was with Rust at the time of the shoot
ing, testified tlIds tie shot was fired
just as Rust raised his Ratchet the sec
ond time to cut the staple that held
the wire on the fence. Rust then
pulled his s'pop" and fired, when Will
liam Stops fred again, putting the
shot in Rust's face. DR.. Jacobs testi-
fed to being called to see Rust October
3rd. Found him very sick. Had sew
eral shot wounds under the arm and IN
the face. Considered the wounds seri-
GUS enough to cause death. and had
wondered that he had recovered.
The defense began proceedings by
proving William Stops general repu-
tation to be good. This they did to
the satisfaction of every one. Several
witnesses were also examined, who
testified that the Roberts boys, who
were present at the shooting, had told
them that Rust fired the first shot. and
others testified that on the preliminary
trial before Justice Evans, these same
boys said that Rust had his revolver
aimed at or towards the Stops boys
when William jerked up the shot gun
and fired, Rust firing about the same
time. The defendant William Stops
was then called. He told of his writing
to Duey, the owner, and his PROPOSE
ton. and Duey's answer accepting the
same. Letters were introduced in
evidence corroborating his testimony
He told of twice warning Rust that he
held lease from the owner and also
told of his advice from his attorney to
hold possession of the land. When
| asked as to why he fought for the
right after knowing Rust claimed 4
lease, he said that as his proposition
was accepted by the owner he could
not well back out. He then went into
the detail of the affEay on October 1st
He said he and his brother took their
guns to defend themselves if necessary
and this he said was by the advise Of
his attorney. He claimed that Rus
had fired one shot and had got behind
his team and aimed agar
before he (Stoops) made AM
attempt to fire. He also salt
that his brother attempted 10 shoot bu
the revolver would not go off. Whel
Rust fired the second time he fired hi
first shot, the two being almost to
gether.
Exhibited in the court room are tn
shirt and vest worn by Rust at the time
and they are pretty badly besmeare'
with his blood, and show unmistaka
Bile signs of shot. The court room wa
crowded in the afternoon, many o
those present being from the extrem
north end of the county.
The defense in the Stops case begal
their case Monday evening abou
four O'Clock. Several of the oldes
settlers in the northern part of th
, county were called and testified tina
William Stops reputation as peace
able, law abiding citizen was good an
number testified that the Robert
boys had told them soon after tn
occurrence, that Rust had fired the frs
shot, and those who attended the pre-
,, liminary trial say that both boy
swore to the same fact. There wa
, some difference in this testimony,
? I few claiming that the boys testifie
that Rust fired the first shot befoT
Stops had raised his gun, Will
others claim that both had their gun
leveled and Stops shot first.
t Defendant William Stoops was the
: put on the stand. He told in minut
i detail his correspondence with Due!
: the owner, in regard to the lease an
a the making out of the lease throuR
5 the Central Loan and Land company {
this CITY. He told of warning kust tbs
{ he had lease from the owner. r
/. confessed very plainly that he and h
d brother took their guns in order to pr
8 tect themselves if necessary, and sal
s it was according to the advice of, the
q attorney. He then told Of the conve
; versation that ensued when Rust can
l. up and found them near the opening
the field. He said that Rust curse
"a and sWore and said If they were goir