Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-18

afternoon and evening. Left Laverty
and went home. Found Sebrins
in his natural condition Went to sleeI
Immediately after he lay down on the bed
When he came to his senses some one haC
hold of him and he had a severe headache
| His clothes were gone, but he did not know
that Sebring had been hurt.
Nelson Coval said he has been acquainted
| with Seth Clark for the past ten years
As far as the witness had heard Clark wa!
| an honest man.
Robert Waite-Has lived in Kingmar
eleven years Was deputy marshal fol
several years and postmaster for term
Considered Clark's reputation a good one
Did not know anything about his reputa.
ton since he left kingman.
number Of other witnesses were ex-
amined, but their testimony was bearing
on the character Clark bore before he went
to the territory.
At this point Devine arose and ad
dressed the Judge saying that
he was on trial charged with
this crime, but it was shown that he had
no witnesses, no attorney and had heard
not one word of testimony offered in his
behalf. Judge Foster asked the attorneys
in the case if they were representing De
vine and they answered that they were not
as they were employed by Clark. The
Judge then said that Clark was the only
man On trial for this crime and that De
vine would have a separate trial.
Assistant United States Attorney Hogan
then opened the case for the government.
He commenced by calling the jury to the
| -, Sol,r l. cd
tically ruined for life and would not live
long, as his brain was affected by the
blows which he had received that night.
The blows" continued Mr. Hogan, were
given him by this man Clark, as Sebring
recognized him plainly, man who was
the recipient OF his victims bounty; man
| who while he was protesting friendship
for Sebring was planning this dastardly
deed'' Mr. Hogan then briefly detailed
the facts and dwelt for a short time on the
testimony.
Mr.. MARYLAND then arose and opened the
pleadings for the defendant. The attorney
| expounded on Clark's character as had
| been testified to by number of witnesses,
and wound up by asking the jury to weigh
the evidence carefully and do unto the
prisoner as they would like to be done by.
! Mr. Enoch then closed the argument for
| the defendant. He made strong plea for
his client and was followed by MIR. Hogan.
who closed the case.
Judge Foster charged the jury in clear
! and concise way, reading to them the in
dictments, OF which there were two, one
charing him with assault with a pistol,
the other charging him with assault
with ol, Ha ba fac
| timony of both sides and told the jury to
! give the prisoner the benefit of every
doubt. At $3.50 the jury retired to find a
| verdict.
| At 1880 Judge Foster ordered the jury
| brought into court On their arrival they
were osked if they had arrived at YER
| dict and they answered in the negative.
! The Judge then asked them if there was
any possibility of their doing SO, to which
| they answered that there was not. They
were discharged.
| Robert Powell charged with the crime
of stealing horse, was then called up and
Attorney Perry asked the court to be len
lent with him. The prisoner spoke for a
| few moments in his own behalf, after
which Judge Foster sentenced him to
consideration for the prisoners wife and
children and also in view of the facts that
Mr.. Perry had plead for leniency and that
Powell had already been incarcerated in
Jail for the past six months, he would give
him the short sentence he did.
The Fisher larceny case was then called.
District Attorney Perry had charge of the
governments side of the case and Attor-
neys Museller and Callahan appeared for
the defendants \ jury was sworn and
accepted without challenge, after which
District Attorney Perry stated the case to
the jury.
1t seemed that the defendant. George
Fisher, did on the Sd day of August, 1889,
at the point of pistol, steal horse from
an old lady named Whiting and her son
while they were travelling through the Ok
lahOma country. The old lady and her
son were riding in a covered wagon and
the horse was tied behind the wagon.
O. II. Whiting was called and testified
that he came from Nebraska to the Okla
homa country. That he was accompanied
by his mother and they were leading the
horse mentioned in the indictment. Met
Fisher in the road. The witness then
entered into details Of the meeting, and
how Fisher had taken the horse from be-
hind the wagon.
Mrs. Whiting, the mother of the former
witness, then took the stand. Her testi-
mony was the same as her sons.
George Fisher the defendant. then testi-
fed in his own behalf. The gist of his tes-
timony was that he had taken the animal
for debt which Whiting owed him.
O. H. Whiting was then recalled but
nothing of Importance was gained.
The case was submitted to the jury with
out argument by the attorneys and Judge
Foster then charged the jury after which
they retired to the jury room in charge of
a bailiff. They returned in few minutes
and returned verdict Of not guilty Of the
charge. The jury was then discharged.
Frank Grant charged with the crime of
larceny, was then called up by Judge Eos
ter. The judge gave the prisoner a lecture
and set him free. Grant was charged with
stealing horse in the Indian country in
1887. For almost two years he has been
confined in Jail and the judge thought he
had been punished sufficiently.
The Wheeler case was then called. The
defendants, Ira and Perry Wheeler. were
charged with having, On tie 9th day of
June, ISIS, committed an assault ca one
Peter Hollenbeck. The crime was COM
mitted in the Indian country. 4 jury was
sworn and District Attorney Perry stated
the charge to the jury after which the wit
nesses were called.
Mr., HoIlenbeck was first placed on the
stand Is a stock raiser. Knows the de-