Wichita eagle., 1889-09-17
UNITED STATES COURT. :.
Lane Sentenced to Five Years in the PeAiten
tiary-The Townslsy and Winters Case.

Charles Lane was brought into court as
soon as business commenced and his at
torneys made motion for new trial on
the ground that evidence was suppressed.
Il was also contended that the law under
which Lane was found guilty was misap-
pIied and that the verdict was not in ac-
| cordance with the law and evidence. Mr..
| Violet presented the case to the court and
was followed by Attorney Order who
made a strong plea for his client Judge
Foster explained his position and gave his
authority for constituting the law as he had
| done. He permitted the attorneys TO file
a bill Of exceptions.
The judge then called upon Lane
to stand up and asked him if
he had anything to say before
sentence was passed upon him. The
prisoner made strong talk II his own
behalf in the course Of which he said that
| the girl had repeatedly thrown herself in
| his way; saying that she was over sixteen
years of age and wound up by asking the
! Judge to be lenient in passing sentence
| and TO take into consideration that the
| girl was willing to submit to his embraces.
| During the prisoners talk his gray-haired
father sat near him weeping bitterly.
| Judge Foster then told the prisoner that
his little speech had saved him five years
| of prison life. for while he believed the
| crime to be one not far removed from
rape he would place all doubts in the
prisoners favor He then sentenced Lane
/ to five years in the penitentiary.
| Business in the Townsley and Winters
case was then resumed.
| Mr.. Quin was placed on the stand and
after the preliminary remarks as to resi-
| dence. ETC., said he heard the shooting
and on rushing into the store saw
| Stevens staggering and trying to
/ clutch some boxes. He rushed
M to the wounded man who
said, Help me to my feet" This the wit
ness could not do and Stevens fell. Saw
pis tol lying on the floor; but on turning
| a second time to get it saw that it was
| gone.
! T. H. DeVore, city marshal of Guthrie,
| then testified. Said he heard the shots
| fred about u O'Clock. Was eating dinner
| at the time. Arriving at the scene of the
shooting saw crowd present and a man
| lying on the floor. Recognized the man
as Stevens. Went around to back part of
the store building and arrested Townsley.
l'lu lou SEE any DlOOu OAA iO"AoiOJ SA4eiiIo
when he was arrested.
Jesse Graham, OF Guthrie, was then
called. Said he was acting as policeman
on the day of the shooting. Searched the
! sleeping rooms of Townsley and Winters
and found a revolver with one empty shell
in cylinder.
Charles Taylor testified to being with
Stevens just prior to the shooting and that
| they had taken several drinks together.
Said deceased was running joint at the
time he was killed.
| f. p. Kelly, another policeman, was
then called. Testimony immaterial.
| Mir. Townsley, a brother of the defend
ami, was then called. Said he was a part
ner in the store with Winters. Related
the occurrence in the morning. Said the
| quarrel was over the title to some lots.
| Was not present at the time of the shoot
| ing. Court then adjourned until , O'Clock
! p. ~.
AFTERNOON SESSION.
| On taking up the Townsley and Winters
case again, Henry keifer was placed on
the stand. Was present when the shoot
| ing occurred, as he was bookkeeper for the
firm. Stevens entered the store and asked
with the other goods. Spoke to Winters,
who said he would try to find 1t. Failing
in the search, Stevens became angry and
called them foul names. DR.. TOwnsley
appeared at this time on the scene and
| Stevens pulled revolver from his pocket
and said you old gray haired - -
-, I'll fix you" While lowering
the weapon it exploded and the bullet
went through the roof On cross-exam-
ination Keller acknowledged that at the
time of the killing he had refused to make
statement of the case, and had been plac
ed in jail for contempt of court in refusing
| to testify at the preliminary examination.
Mr.. Winters was then called to the stand.
Had lived in Guthrie since the 22nd day OF
April, the opening day of Oklahoma.
Said that Stevens and himself had trouble
over some personal property and that he
made the claim in opposition to Stevens in
good faith. Was in Guthrie the 9th day
of August but did not know anything
about the trouble between the Townships
and Stevens. At the tim
Stevens came into the store
he was engaged in putting up
bill of goods for some customers Said
Stevens said some insulting remarks to
him and clerk who was in the store.
Winters walked away from Stevens when
he commenced his insulting remarks but
Stevens followed when Winters begged
him to leave the premises or he would call
an officer: Stevens then turned his atten-
ton to Townsley. The witness did not
nav any attention to the talk, but on hear
ing angry words come from Stevens he
looked and saw the latter pull his revolver
a nd brought it up in the air but the weap-
on exploded before he could take aim.
Town sley then drew revolver and shot
Stevens Saw the weapon in the hand OF
Townsley when Stevens fell. When asked
what he did when the shot was fired Win
tiers answered and said he stood in his
tracks and was simply paralyzed. Before
he could regain his senses large crowd
had gathered. Knew that two.
revolvers were kept in desk
in the store and on being shown the
weapons readily recognized them. On,
cross-examination said that he did not
know anything about the whereabouts of
Doctor Townsley until moment before
the shots were fired. Said he WAS about
ten or twelve feet from Stevens when the
latter pulled his revolver, Mr.. Perry ask
ed him if he saw the revolver in Stevens
hand and was answered in the affirmative.
The attorney held up key at about a dis
lance OF eight feet from the witness and
asked him If he could recognize what he
held. Winters replied and said he held a
pencil. Perry then showed that he held
kew and asked the witness II he could see