Wichita eagle., 1888-09-25
SHOT DEAD.
OFFICER HENRY EBENHACK, OF
THE POLICE FORCE,
Killed by John Thornton, Of the
McMahan Patrol---Full Ac-
count Of the Inquest.

of the McMahon patrol.
The shooting happened between and
O'Clock, and was the theme of conversation
during the day; every person seemed tc
have some opinion regarding the guilt Oh
innocence of Thornton, and many were
the warm discussions that arose over the
fatal affair. There are some circumstances
of the utmost importance in establishing
by the trial the fate of the young man, OF
which different statements are made; but
of the main facts there appears to be nc
controversy. The story then, briefly told,
that Ebenhaek in company with another
Officer, Hartzell, went up to a
bawdy house at the corner
of Main and Central where
he believed Thornton was staying. Eben-
hack went to the rear door, HartZell to the
front and knocked; when it was opened
Thornton IN his uniform appeared just as
Ebenhack, coming around the rear, placed
him under arrest. Thornton said he was
there on business for McMahan; Ebenhack
told him he must go with him and that he
could make his explanation in the court
or words to that ef1-Ht. The three men
then started quietly down street towards
the station. The prisoner made some re-
mark about the officer Having it in for
him." and some angry words followed.
They turned east on Second and had just
passed the Christian church on Market
when Thornton suarring himself and
pushing up his coat sleeves proposed
to eight it out" Ebenhack struck
him over the head with the butt end of a
whip. Hartzell attempted to separate the
two men, grabbing Thornton around the
waist He had, however, free use of his
hands and drew from his pocket arevolver,
which he commenced firing. The first
shot, it seems, struck the officer in the
heart. He reeled backward, trying to
draw his revolver from his hip pocket
Thornton fired second time, the shot just
grazing Ebenhack's coat; the third time
the ball struck a house on the opposite
side of the street. The fatally wounded
man reeled back to the middle of the
street and fell. Thornton turned to Hart
zell and, handing his two revolvers over to
him, said he was ready to die; he
was taken to the city prison and placed
behind the bars The dying man was
brought up to the engine house by persons
W III WcIc dUtidtDCu W tuC Piotoi SINUS
and their died without saying word after
he was shot. His remains were then taken
to his former home, No. 6fS South Market.
Thornton was taken before Justice
Walker and had his preliminary continued
until October IL. His attorneys were Dale
and Wall, Judge j. r. Shields and E. N.
Cochran.
Coroner Percy had in the meantime been
notified of the killing and set the inquest
at o'clock requesting Deputy Metcalf to
summon jury. This was done and re
suited in the choice of the following men:
j. G. Mccoy, George Gutenberg, George
Pray, William S. Cotter, John Herrig and
L. Simpson.
AS soon as the coroner arrived the jury
went to view the remains of the deceased
as they lay at No 6IS South Market. When
they had returned to the corners office the
court house was surrounded by men,
all anxious to learn the fullest particulars
of the affair. The room was in very few
minutes crowded to its utmost. Judge
Shields and Mr. Dale were present to rep
resent the defense, and shortly afterwards,
when Mr. j. W. Adams came in to repre-
sent the state, the inquest commenced with
the examination of the man who was per
haps most able to give definite information
upon the matter, Officer S. A. Hartzell.
The crowd in the room had become SO large
and every person moving around so much
and endeavoring to get near the witness
that hardly word he said could be heard.
The prisoner himself, much to the regret
Of the crowd, was not presents
At the request of the jurors the room
was cleared of spectators, leaving no one
within except the officers, attorneys, wit
nesses and members of the press.
When Officer Hartzell was PIT upon the
witness stand he was Intercepted by Mr..
Adams and said:
l have beer policeman for about seven
was acquainted with deceased; he
was on the force before / was; l am, too,
acquainted with Mr.. Thornton and have
been for five months. About half past 6
was coming down from breakfast on
street car, when Ebenhack motioned me
TO come to him. did so and he asked me
70 go up to the corner of Central and Main
and pull" John Thornton, who was LAY
ng up" with one of the women in the
room pointing to one Of two who had
Deen summoned into court as witnesses
We went to the house and l went to the
'front.' door and Henry to the back door.
knocked on front door and found Thornton
n the room when it was opened. called
Henry to come around; he came and said
o Thornton, Il want you" Thornton
aid, ~ came here on business for McMa-
lap." When he and Ebenhack started
Town town to the police station
Re said Henry had it in for him and
)egan talking and continued telling what
lie could do with Henry until we got to
he corner of First and Market, just pas:
he Christian church, when Thornton said
L can do YOU and turned half around,
acing the west, and began rolling up his
leeves. Henry struck at Thornton with
light whip handle and hit him on the
houlder or the face. don't know exactly
which. l grabbed hold of him around the
waist but somehow he got his revolver out
# his pocket and commenced firing. He
ired three shots; the first seemed TO take
fleet for Henry reeled back and put his
land as If TO feel for his gun. Then fol-
owed the second and third shots,
henry getting each time further
rom Thornton until at the
asst shot he staggered and fell almost in
he middle of the street. After he had
hot Ebenhack he handed me his gun,
aging: Here is my gun, and | have an
ther" He then reached into his pocket
nd pulled out second revolver, and I
ave them 20 Knight.
l said then you have killed him and it
will go hard with you. Hesaid, well am
eady TO die.
Hartzsll said, upon cross examination
hat Ebenhack told MIN he was going 10
rrest Thornton He never told him that
e had il in for Thorfon- We had no war
ant for Thornton. do not know wberh