Wichita eagle., 1889-09-08
UNITED STATES COURT.
The Jury Return a Verdict Of Manslaughter in
the Grindstone Murder Case and Judge
Foster Sentenced the Prisoner to
the Penitentiary for Ten
YearS--Other Business.

Foster Sentenced the Prisoner to
the Penitentiary for Ten
Years--Other Business
A few minutes after o'clock yesterday
morning Judge Foster took his seat and
Immediately commenced to charge the
jury in the Grindstone case. He spoke for
about thirty minutes and made a clear and
concise statement of the case to the jury.
AT $50 he turned the jury over to bailif,
who escorted them to the jury rooms II
the Dorsey block.
At 4:30 p. N. the jury again filed back to
the court room, when Judge Foster asked
them if they had arrived at verdict
Foreman Woodcock arose and said
the jury was ready with their
verdict which he handed to Clerk OF the
Court Wilson. The latter then read the
verdict which was as follows:
We, the jury in the above entitled cause,
being empowered and sworn. upon our
oaths find the defendant, John Grind
stone, guilty of manslaughter.
L. \. WOODCOCK, Foreman.
Judge Foster then excused the jury I'M
til 8 O'Clock Monday morning.
Attorney McMechan then arose and
made an eloquent plea in Grindstone's be-
half He spoke in way that caused the
strictest attention TO be paid to his words,
and wound up by asking the court to
make the sentence as light as possible.
The judge then called Grindstone and
asked him the usual question in such
cases. His words were: John, you have
been found guilty of manslaughter, have
you anything to say in your behalf"
IDly ~, der Il ,nt q nd
Judge then spoke as follows: There are
II the Indian territory a class OF men who
think that to be man of bravado or
desperate character was necessary in order
to have people look up to them and this
class of people have been dealt with very
leniently, and in this case the jury has
brought in very lenient verdict IN view
of the evidence which has been introduced.
Hereafter it will be the duty
of this court to deal in a most emphatic
manner with this class of criminals" He
then sentenced Grindstone to ten years IN
the penitentiary and fined him 81.
Grindstone had stood listening to the
words of the judge with stolid expression
on his face, but this disappeared when the
Judge passed sentence. A broad smile
overspread his face and he turned around
and shook hands with his attorneys. The
men who had worked so hard to save their
clients life seemed very much pleased,
also, over the victory they had won.
THE CLAwsoN CASE.
AS soon as the jury had retired for de-
liberation in the Grindstone case, Judge
Foster called up the Clawson larceny case.
The district attorney was assisted by K. j.
Hill, of Independence, Mo-, and J. V.
Bleekman, of Sedan, Mo. The defendants
were represented by t. f. McMechan, of
this city, and tina famous Bill Hackney
Attorney Bleekman arose and stated the
case to the jury. He said that the indict-
ment showed the defendants, Benton
Clawson, Garrett Clawson and Rufus Tin
die, to have taken seven hogs belonging &c
farmer named d. NJ. Kennedy, and one
hog belonging to farmer named Gun
ningham, loaded them in a wagon, drove
to the town of Coneyville Kan, and sold
them to hog buyer by the name of
Blevins. Kennedy shortly after missed
the hogs which were taken from him, and
having business in Coneyville, recognized
the hog belonging to Cunningham.
He so informed the firm and also de-
scribed the brand that was on his stock.
The hogs belonging to him had been
shipped but the firm told him who had
sold the hogs to them. The Clawsons were
then arrested. This crime was committed
in the Usage nation on the afternoon of
the first day of September, 1855.
Attorney Perry then called the wit
nesses for the defense. who were sworn.
D. NJ. Kennedy was the first witness Mr..
Il ha or pH
the circumstances of the case. Evidence
same as the charge.
Mr.. Cunningham was then called. Lived
in the Usage country, and in lengthy
manner told about his stock; described his
mark on the hogs. Said he found his
stock in the pen of the above stock firm in
the town of Coneyville. Was informed
who sold the hogs to the firm.
Mr.. Blevins. a member OF the firm that
purchased the hogs firm Clawson, was
then called. His testimony was relating
to the buying of the hogs, and described
Kennedy and Cunningham recognizing
the hog which he had not sold.
The prisoners against whom indictments
had been found by the grand jury, were at
this point brought into court and ar
raigned to listen to the charges brought
against them
Come-as it-Rains, charged with murder,
YVES the first prisoner arraigned. She
pleaded mot guilty"
Charles Lane, charged with the rape Of
Francis Skeed will be tried on the 18th.
Seth Clark ard William Deviue, charged
with assault with intent to kill, will have
their trial on next Wednesday.
Mark Lamb was arraigned on FIVE
charges four for larceny and one for intro
ducing liquor into the Indian territory.
He entered a plea of mot guilty" to all.
Oscar Spurlock plead not guilty to lar
ceny.
Lee West has three indictments against
him for introducing liquor. He also
pleaded not guilty. VIII be tried on the
18th.
George Fisher for horse stealing will also
be tried on the 1lth.
William Gregston has three indictments
for the larceny of horses. This case was con-
tinued until next term of court and prls-
oner was allowed to furnish s., 600 bond.
The testimony in the Clawson case was
then continued. The last witness con-
tinued his testimony which was of no fur
Their Importance.
D. NJ Kennedy was then recalled. He
described the geography of the country,
etc.
Mr.. B,evin was recalled and related
again the facts connected with the buying
and selling of the hogs
Mr.. Thompson was called TO the stand.
Testimony the same as proceeding witness