Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-06

length on the point why the prisoner took
his gun with him, loaded, as it was, in the
manner shown-it being loaded with slugs
or pieces of lead-and went TO the corn
field. Further said that the point on
! which the case rested was whether the
deceased was armed or not. The only tes-
tlmony which showed that Frohwine was
armed was that of Gunter and his son. The
burden of proof. the judge said. rests upon
the government, but this rule does not ap-
ply to cases of self defense, where the de-
PENDANT admits the shooting; then the bur-
den of proof rests upon the accused.
At 2:3o the jury retired to the jury rooms
for the purpose of finding a verdict.
At D. m. the jury in the Gunter case
filed back to the court room. The foreman
handed the verdict to the clerk, which
read as follows
I'VE the jury in the above entitled
cause, being empowered and sworn, UPON
our oaths find the defendant. William
Gunter, guilty of manslaughter."
Judge Foster then discharged the jury
from further duty in that case.
The United States VS.. John Grinds9one
was the next case called. The attorneys
for the defense made motion for continu-
ance on the ground that witness, who
they expected to prove the shooting was
1 an act of self defense, was at the present
time in some part of California. The
| judge overruled the motion saying that it
had,been the habit of attorneys to get
cases continued from time to time. each
! term the witnesses being less than the pre-
ceeding one until the case was dropped al
together. lie then ordered the case to 90
On trial.
Clerk Wilson called the jury who filed
into the jury box.
District Attorney Perry was assisted in
the prosecution by Colonel HallowelI, of
this city, and W. H. Horner, of Baxter
| Springs. Grindstone was defended by L.
| +. McMechan, of this city, o, j. Summers,
Seneca, No., and j. w. Brunk, Neosho,
Mo-
Attorney Perry arose and stated the case
to the jury. 1t was to the effect that
John Grindstone did kill one Joseph Skys
in the Quawpaw reservation ON the DIST
day of July, 1888. Said Skys came to his
death by receiving in his breast the ball
or bullet from pistol fired by said John
Grindstone.
The jury was then called and questioned
by Attorney McMechan. A rigid examIna-
! ton was gone through and twenry-nlne
| jurors were in the box before a panel was
! secured. They consisted of the following:
A. r. Downing, j. +. Lucas, 7. H. Rodg-
ers, l.. \. Woodcock, James McLain, Ed.
c. Jeffries, William Hinkle. Thomas j.
Kirker, J. NJ. VanN ortstrand, a. Bremen,
James II. Little.
Attorney Hogon then addressed the jury
giving brief resume of the case and stat
ing the facts leading up to the murder. 1t
appeares that the deceased, Joseph Skys,
was attending dance at a place in the
Quawpaw reservation on the evening of
July Il, 1888 aud while there went to ia
bic for the purpose of eating. At the table
an alteration arose between the deceased
and GrindStOne. Skys asked the prisoner
to give him something to eat when the lat
ter remarked ''Tll give you something you
can't eat" The deceased then picked up
some article from off the table and placing
it in his mouth remarked that he had
eaten just such things. Grindstone then
offered 10 bet SO that he couldn't eat
what he would give him, and on the de-
ceased making some laughable answer
Grindstone pulled revolver from his
pocket and as he fired it remarked. DIN
you, eat that" The ball struck Sky in
the left breast and passed downward,
coming out near the right side. Sky was
a member of the Peoria tribe and Grind
stone belonged TO Shawnee tribe.
The witnesses were then called and
sworn. Josiah Wolf was the first witness
put upon the stand. Stated that he lived
In the Indian nation and is member of
the Ottawas. Was acquainted with the
defendant and also with the de-
ceased. Went to the dance
about II o'clock arriving there while the
dance was in progress. He proceeded to a
table where several parties were eating.
Noticed the deceased and the defendant
sitting at the table eating. Heard the
words which passed between the two
parties then saw Grindstone fire the shot.
Noticed Sky lying on the ground and saw
small knife IN his hand.
Big George was the next witness called.
Not understanding English an interpreter
was brought into use. Said witness was a
member of the Quawpaw tribe. Was at
the dance and sat about three feet from
the table where the parties were eating.
Saw Grindstoue fire the shot. Heard the
language between the parties. SAID Sky
was not in bad humor but was talking in
a Joking way. Saw the dead man and
found that the ball had entered in the left
breast. The remainder of his testimony
was relating TO minor details as to where
the body lay, etc.
George Love was next called. Said he
lived in the Quawpaw reserYe-testimony
the same rs preceding witness.
At o'clock Judge Foster adjourned
court until o'clock this morning.