Wichita eagle., 1889-09-13
UNITED STATES COURT,
A Hung Jury in the Lott Case-The Clawson
Gang Tried for Stealing Horses but
Acquitted.


handed in, in brief manner and closed by
saying that if a reasonable doubt was en-
tertained the prisoner should receive the
| benefit of the doubt, but if they thought
the government had made case the
prisoner ought to be found guilty. At
$50 the jury was taken in charge by a
bailiff and conveyed to the jury room.
Townsend and Winters, charged with
the murder of man atGuthrie, were then
called up for trial but as the witnesses in
the case were not presentthe case was set
aside and another case against the Claw
son brothers and Rufus Tindle was called
The indictment charged them with
stealing horses from man
named Green. The Clawsons
and Tindle were on trial the early part of
the week charged with stealing hogs in
which case a verdict of guilty in two
counts was returned against the Clawsons
and verdict Of not guilty against Tindle.
The latter was rearrested Oh the charge Of
stealing the horses and was held to be put
on trial with the Clawsons.
District Attorney Perry appeared for the
prosecution and was assisted by j. V.
Beekman, of Sedan, Mo-, and r. J. Hill, of
Independence, Mo-, while the prisoners
were defended by T. +. McMechan and
William Hackney.
1t took over an hours hard work to secure
a jury, but finally Judge Foster called a halt
on the excusing and twelve men were
sworn. Mr.. Perry then arose and stated
the charge to the jury. after which he
called the witnesses for the prosecution.
Mr. Green took the stand and testified
that he was living in the Usage country
and farming in 1887. He owned mum Der
Of horses but lost two. After trail
ing the matter down he found that the
Cawson gang had stole them from him.
Ed Morgan then took the stand and tes-
titled that he had lived with the Clawsons
for some time. Stated that one Sunday
night he, in company with Rufus Tindle,
Garrett Clawson and Joe Hampton, had
started out to steal horses from an Indian
camp on the Spring River, but on seeing
that the horses could not be got at easily,
had doubled back. and finding Green's
ponies on the range, had roped them and
landed them on Garrett Clawson's ranch.
From there the horses were moved to Mrs.
Chouteau's home and from there they
were taken north. His testimony showed
that there was a regular organized band
of horse thieves, and that they held meet
ings at different times and places.
Joe Hampton, another member of the
gang. was called and said that he and Ben
ton Clawson had tried to steal pony from
an Usage Indian, and that they afterwards
formed band for the purpose of stealing
horses. The rest of his testimony was the
same as that of Morgan. Court adjourned
until p. m.
AFTERNOON SESSION.
Mr.. Helvey was put on the stand fer the
defense. Testified that Joe Hampton said
he had started out to steal ponies. The
remainder of his testimony was imma-
terial
I. NJ. Donaldson, of Cedarvilse, was then
put on the stand. Said he was physician
and had lived in that country for several
years. Said he was acquainted with Joe
Hampton and knew his reputation for
truth and veracity was bad. On cross
questioning said he never knew him to be 4
arrested for any thefts.
Dr. Joseph Dunn. of Chautaqua Springs.
was then sworn and put on the stand.
Knew the defendants and had been ac- 4
quainted with them for several years. Had
occasion to visit the Clawsons ina profes
sional way. Has known the witness,
Morgan, for the past three years, and
the witness Hampton for five
years. Said the latters reputation
for truth and veracity in the neighborhood
in whick he resided was very bad. On
cross-examination said he had taken a
great interest in the case and had hunted
up witnesses for the defendants. Mr..
Perry's cross-eXsmination of the Witness,
brought out many things of a damaging
character
Joseph Mcguire. was then called. Did
not know what Morgan'S reputation Twas.
Knew the Clawsons and had never heard
anything damaging against them until
they were arrested for theft. Said the
crime for which they were arrested was
the stealing of a COW. On. cross-examina-
tion be stated that he did not know very
much about them.
l. H. Sullivan, Cedarvale, was then
called and said he knew the witness
Hampton and that his,character was bad.
Said on cross-eXamination that IIampton's
character was good until three years ago
when he commenced to keep the company
of a man named Warner, who was arrested
for thieving from the Indians. Further
stated that the people then found out that
Hampton had been in the pententiary.
Never knew anything that Hampton had
done since he had been down in that
B. Z. Mcguire, of Cbautauqua Springs,
on being called, said he had resided in
that part of the country for number of
years. Knew the witness Hampton. only
by reputation. Knew the Clawsons for |
the past six years, and said their reputa-
ton was good. On cross examination he |
said that the people in the neiGhborhood !
where they resided also called their repu- |
tation good.
Mr. Beekman, of Chautauqua county, |
was then sworn and took the stand. Said 1
be was lawyer, and Hackney then asked |
the question, who employed you in this |
oases" An objection was made to this |
question which the court sustained.
Benton Ciawson, one of the defendants, !
was then put on the stand. said he lived !
in the Usage country. Said he had heard /
The testimony of the witness Hampton and |
lad known him for three or four years. /
Had also heard the testimony of the wit |
ness Morgan, said Morgan had worked for |
lim short time during one summer. /
said he had never entered into conspiracy
with Hampton in regard to stealing horses.
Further said that Hampton was not with |
aim on the Sunday mentioned. Said that
Jarrett Clawson was in Kansas
somewhere on the day and night /
n question and that Tindle was
stopping at Garrett's place during the lat
I