Wichita eagle., 1889-09-05

| ter's house the day preceding
| the shooting and remained there during
| the night. He saw Gunter get up IN the
morning and go out of the house. Arising
! and going out soon after he was told that
Mr.. Gunter had gone down to corn field.
He proceeded down to a spring situated
about fifty yards from the house, he being
accompanied by boy uamed David Rhea-
While engaged in washing their faces Tom
Gunter called to Rhea to take the dog
down to Gunter. Rhea answered BACK
| and told him to take the dog himself. The
younger Gunter then took the dog and
proceeded to the field where it was sup
posed his father was. 1t was but short
time before the witness heard dog bark
| which was Immediately followed by
| shot. He returned to the house and was
| soon followed by Gunter and son. The
witness saw that Gunter held in his hand a
gun. Tom Gunter then went to the stable
| and saddled a horse which the elder
Gunter mounted and rode off toward the
east. This occurred, he said, before the
parties had breakfasted and the prisoner
| left the house without breakfast. After
the witness had eaten breakfast he went
home Was told of the death CT Frohwlne
and returning found the body lying in the
road. There was a number of people
around the body when he arrived.
David Rhea was next sworn. He said he
was working for Gunter at the time OF the
shooting. His testimony was virtually the
same as that of Dougherty. John Bower
was sworn. His testimony was corrobora-
tive of the first witness, Ed Convey.
Mr.. Carruth, of Sebastian county, Ark,
was called. He said that he had known
Gunter since '62 or '63. Gunter was in his
vicinity in August, 1888. On one occasion
Gunter had told him that his family lived
in No Mans Land. Continuing he fur
ther stated that he had killed man up
there. He said man had tied boards to
his horses tail, that as the man was pass
ing his house one day he asked him why
he had tied the boards to his horses tail
The man he spoke to said ne
did not do it, but another who was
with him said: 81 did it. by Cd" Gun
ter said he then shot him. Carruth sad
that while Gunter was in his vicinity he
supported himself by picking cotton and
working in corn fields. He seemed to be
in trouble all the time. He arrived at his
house mounted on Il bay horse and had
shotgun with him.
George Zimmerman, of same place as
Carruth, was next called He testified as
arrestipG Gunter by virtue Of his power as
a township constable and on receiving de-
scription of the prisoner. He made the ar
rest while Gunter was working IN corn
field. He took the prisoner to the house OF
a deputy marshal about twenty miles from
the place where the arrest was made.
Deputy Marshal Barnett, of western dis
trict of Arkansas, testified to receiving the
prisoner from the constable who made the
arrest, and also To taking him 10
Fort Smith and lodging him in jail.
When he read the warrant to the prisoner
the latter said that he was the man who
was wanted, but as the shooting took
place in June he did not DO the work as he
left there in March. The marshal asked
him if he knew who done it and he ans
wered that he did not.
The court then took short recess while
waiting for the arrival of Mrs. Frohwine.
The witness arrived about ) o'clock.
Mrs. Frohwne upon her arrival was
sworn and took the witness stand. She
testified that in June, 1887, she was living
near Baxter Springs, but is cow residing
|
left the house on Sunday, June 5. about
sunrise for the purpose of driving home
some cattle Said that he was
brought home about noon dead, having
been killed by being shot in the head.
Said that her husband had no weapon
with him when he left home. Was dressed
in overalls and flannel shirt, having left
his coat and vest at home Never knew
| L l. t.-0, III
with any one.
Mrs Frohwine's testimony completed
the evidence for the prosecution.
Attorney Enoch then addressed the jury
He said they would try to prove that the
act was committed in self defense; that
the deceased was of violent disposition
and such fact was known by the defend
| ant: that the murdered man was at the
time under bonds to keep the peace, and
that they would bring witnesses to show
that he was armed at the time he rode uE
to the lands of Gunter. The defense then
proceeded with their witnesses.
The defendant, J. W. Gunter, was put
on the witness stand and testified in his
own behalf. He said that on the morning
, of the shooting he went down to g
. corn field for the purpose Of drying
out cattle While engaged in this a man
came riding up on pony and shouted
Hey, there, you - LII shoot
, the hearts out of both OF you," meaning
the witness and his son, Tom, who haC
Joined him. The witness testified that a:
the man spoke these words he pulled {
revolver from his pocket and raised it
Thinking he WAS going to shoot, the wit
ness ran along the fence on the other side
OF which the man pursued him. FEARING
for his life the witness said that he turned
and shot the man whom he said was VIII
: liam Frohwine. He then ran to the house
and saddling a horse rode away Did MOI
wait to see if Frohwine was dead. Sale
that he never had trouble Of serious ma
ture with the deceased. Cross-eXaminet
the witness said he had lived in the Quaw
paw reservation for some time previou!
| to the shooting but upon be
ing asked if he was an Indian saiC
he was member of the Cherokee tribe
Said that Frohwne had shot at severa
, people in the neighborhood, and when h'
saw the revolver in his hand he though
: he would be fired upon.
AT ESQ the court took a recess until
o'clock. At the latter hour court agalI
. convened and proceeded with the eXamina
ton of witnesses.
| Oliver Lathrop was next called. Live
5 in Cherokee country. three miles south o
, Baxter Springs. Was acquainted with thu
deceased and also with the defendant. Hi
/ testimony was relating to the position th'
5 body was in when found. He produced