Wichita eagle., 1889-09-15
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1ai1n eagle
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CONTINUED from 9th page)
the several cases were, on motion OF the
ATTORNEYS continued over until next term
The examining of the witnesses In the
Townsley and Winters case.
J. NJ Wolfenstein lives two and half
miles from Guthrie. Is acquainted by
sight with the principals in the case. Was
in Guthrie and at the store of the defend
ants on the sixth day of August. Was In
the front of the store at the time the shots
were fired Heard loud talking few
minutes before the shots were fired. saw
Stevens stagger, go down on his hands
and knees and fall over on his left side.
William Shaffer was then called. SAID
he lives in Guthrie. Became acquainted
with the deceased and the defendant after
his removal to Guthrie. Was at Stevens
place of business at noon on the day Of the
murder Saw Stevens when ne went TO
the store of Townsley and told mat
Stevens SAID he was going over 10 Towns
leys store to get his account book. Saw
no weapons on Stevens person when he
started The witness then started down
the street and was passing Townsiey' s
store when he heard loud talking. Could
not distinguish what was being said. On
looking into the store saw Stevens stand
ing about six feet from the door, and
Townsley was standing in front of him
with a hatchet in his hand. Stevens had
his left hand IN the air as II to guard HIM
self from the Ratchet. Saw Winters dodge
into the north part of the house and I'M
mediately two shots came from that part
So Of the house Saw Stevens fall. said the
shots came about a minute after Winters
had gone out of his sight Did not see
anything in Stevens hands when he fell.
Said there was no one in the
store but the two defendants and
Stevens The witness was standing in
the door. Cross-examination was con-
Quoted by Dale, but nothing further was
brought forth.
George Jenkins took the stand and said
he was living in Guthrie the 9th day of
last August. Knew Stevens best, only
knew the defendants on sight. Was on
the south side of the Towhsley building
when the shooting occurred. Heard the
talking but could not tell who the men
were. Said he went around to the front
of the building and saw the shooting.
His testimony on this point was the same
rs the preceding witness. On cross-eX-
AI1ludOlOn Nv Idlt NcsS dShSu IL Iit Ldt
been talking to anyone in regard to what
he should testify at this trial He an
swered that he had not
Peter j. Egan was called and said he
was living ia Guthrie at the time Of the
murder. Had seen Stevens frequently.
Saw Stevens in the early part OF the day
on which the shooting occurred. Stevens
was engaged in throwing trunks and
mattresses out of the building. Saw the
two Townships come in the direction of
the building where Stevens was Heard
some words between Stevens and the
Townships, and Stevens struck one Of the
Townships. Saw one Of the Townships
with knife in his hand and then saw
Stevens draw a gun and tell them if they
came i'll the building again he would fix
them Then saw the Townsleys 20 back
20 the place where they came from. At
noon he said he heard the shots and
went to the place from which they pro-
ceeded and saw Stevens lying on the fiOo-.
He ran to him and lifted his head, when
the wounded man said, Garry me out
As he said these words he fell back dead.
Was asked who was IN the store he an
swered that he saw Winters standing in
the north part of the store and Townsley
going out of the back door, Could not
tell whether Winters had anything in his
hand or not. Did not see any weapon
about Stevens.
DR.. Patton on being called said he had
lived in Guthrie since May 20. Knew the
deceased and also the defendants. Never
met them until he went to Guthrie. Was
r. shere on the 9th of August. Was eating
dinner at noon of that day. The place
where he was eating is about forty feet
from the store Of the defendants. Heard
two shots fired very rapidly. On hearing
the shots he went out il front Of the place
where he was eating and stopped there.
Then heard the cry, Doctor, doctor"
Went to the store of the defendants and
saw Stevens lying on the floor with blood
flowing from the mouth. Saw Townsley
going toward the back part Of the store.
Then paid all attention TO the wounded
man. Said that death was instantaneous
almost, but that the man
struggled for about five minutes Saw
she occurrence in the morning ana detailed
1t in a lengthy manner. said he saw
Stevens point the pistol at the Townships
and was swearing Heard one of the lat
ter say that he would fix him before
night" Was not certain which one of the
men said it. On crOsS-eNaminAtion he de-
scribed where the bullet entered and came
out, and said it ranged upward.
William Crane testified that he had Wis
fed Stevns' place the morning of the day
the shooting occurred, and Stevens had
asked him to stay in his house for awhile /
rs he had some business to attend to- He |
was having trouble with his lot, ne ex- |
planned. and offered the witness his re-
Nolver Crane first refused to accept it. /
but finally accepted il. When Stevens re- /
turned, about II o'clock, he asked Ogden. |
clerk, for some books, as he wished TO +
look over some accounts. Ogden had re
piled that Townsley and Winters had been |
there. Stevens then started toward |
Townsley and Winters place The wit .
ness had told him not to go over there or
ne would get into trouble. Stevens re- |
pied, "Oh, ! guess not" Mr. Crane was
certain that stevens had no revolver wnen
be visited the store of Townsley and /
winters, a short time prior TO the shoot
ing. tie further testified that ne was sit
ting IN Stevens place when the fatal shots
sounded, and that they were almost
simultaneous.
Henry Smiths testimony covered the
quarrel OF the early morning and the
shootlng about noon. Daring the quarrel
In the morning Stevens had struck Towns