Wichita eagle., 1888-09-26

there" Never heard EbenhacK say ne
! had it in for Thornton. He once said that
he would catch the men and the girls they
| were laying up with. ~ will fool them
yet, some time" he said. He told me,
| Furthermore, that Thornton had been re-
porting him and Fenner, and used words
| TO indicate that he would 'catch him" or
''play even"
This witness was sent out to measure
| the sidewalk, and soon returning, found it
| feet 35< inches wide where the difficulty
took place.
At this point of the proceeding the
jurors asked for the defendant but his at
torneys refused to allow him to be brought
before the jury. They then asked for Mr..
McMahan and subpoena was issued for
him.
McMahan first gave description of the
manner of working and the government
of the patrol keep the patrol to hant
up evidence as well as do their other
duties, and there is work of this kind
placed upon them. Every morning they
take their turns at this work. The patrol
and the police are on good terms. The
men are expected to visit joint or house
of prostitution in search of evidence.
There was ''silver plant" upon which we
have been working for five months. had
Thornton in my room and he said he had
reason to believe he could get information
regarding this by visiting two women and
| directed him to go and look it up. l ex-
pect each man to know every person doing
''loose" business on his beat. My patrol
are sworn in by the police commissioners
same as the metropolitan police. They
were to turn over all arrests to the regular
police and be registered under the name of
the latter No officer has a right to arrest
a man in house unless he is found doing
some crime or offense. While this wit
ness was giving evidence the funeral pro-
cession of the deceased officer passed and
created considerable Of an impression in
the room.
Nora Medsgar, being recalled, said Mr..
Thornton had been at her home two or
three times; he was up Monday morning
to tell them about house they had asked
him to rent for them and to tell them
about the location; that is all he spoke
about.
THE VERDICT.
This concluded the testimony and the
case was given to the jury. After they
had been out for about two hours they re-
turned the following verdict:
STATE OF KANSAS,
COUNTY OF SEDGwICK,
An inquisition holden at Wichita City,
Sedgwick county, Kan, on the 24th and
18th days of September. 1883, before me, ..
Z. Pearcey, coroner of Sedgwlck county,
on the dead body of Henry Ebenhack,
there lying dead, by the jurors whose
names are hereunto subscribed. The said
jurors, upon their oaths, do say that from
the testimony given the deceased came to
his death from a gunShOt wound at the
hands of one John Thornton, on the gath
day of September, 1888, and we further
NOUS intent, but under great provocation
and danger of bodily injury.
JURY:
J. G. MCCOY, L. SIMPSON,
WIN. I. CoTTER, GEO. j. GRAY,
G. H. LITZENBRRG, JOHN HEREIG.
In testimony whereof, the said jurors
have shereunto set their hands the Gay
and year above written.
Attest: O. f. PEARCEY, Coroner.
1t soon became known upon the streets
and to disinterested persons was looked
upon as the only verdict that under the
testimony given could be rendered.
All the members of the coroner's jury
were personally acquainted with Mr.. Eb-
enhack but none of them knew Thornton.
In fact three Of the jurymen were personal
friends of Ebenhack but all seemed under
oath unable to find from the testimony
that Thornton was guilty of murder.
From interviews obtained with members
of the grand jury it was learned that all
of them were Of the opinion that the ar
rest of Thornton was a grave mistake.
The jury believed from the testimony that
the arrest was d scheme to dis
grace Thornton, and that Eben-
hack saw Thornton going into
a disreputable place the proper conclusion
for him should have been that his fellow
officer was there in discharge of his duty.
The jury did not believe the officers
would have arrested Thornton if there had
been no enmity between them. They also
claim that the reports as published in the
evening papers is incomplete and Is calcu-
lated to mislead the public in regard to
the findings of the jury. Most of the jury
said that Mr.. Ebenhack was a brave Off
Ger but that he had made mistake in