Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-07
UNITED STATES COURT.
Inc Testimony Finished in the Grindstone
Murder Case - Eloquent Pleas by
the Attorneys - The Jury
VIII be Charged
this Morning

animation of the witnesses proceeded. The
| prisoner was brought into court and sat
all day between his attorneys. He under
stood every point in the testimony, yet as
the damaging evidence was handed in
against him he displayed the utmost in
difference his face bearing the stolid In
dian expression.
District Attorney Perry called the wife
OF Big George to the witness stand. She
| is full Ottawa Indian and did not under
stand English. An interpreter was called
into requisition and the testimony Of the
witness was handed in. She testified to
[ being at the dance in the Quawpaw coun-
try on the 2lst Of July, 1885, and saw the
shooting. The witness entered into the
details of the case regarding how the de-
| ceased was standing, etc, and
said the crime was committed about
daylight. a large crowd was present at
the time.
George Sky, brother Of the murdered
man, was next called to the stand. When
asked his age said he was seventeen and
his brother twenty-fOur. Was also at the
dance He said the last time ne saw his
brother alive was when he was dancing
an Indian dance around the fire. Saw
Grindstone ride up and about twenty
minutes afterwards he heard the shooting.
He then rushed up TO his brother and
lifted his head when the wounded man
opened his eyes and expired. The witness
was about twenty feet away from the men
when the shot was fired. Said his brother
was not armed. The only light was the
fire which they vera dancing around. The
remainder of his testimony was imma-
terial. This ended the testimony for the
prosecution.
Attorney Sommers then spoke to the
jury for a few minutes in behalf of the de-
Tense, after which he called the witnesses
for the defendant
Mrs Captain was the first witness put
on the stand. Said she lived in the neigh
borhood Of where the shooting occurred
is the wife of a Shawnee Indian, but form
erly was member Of the Cherokees. The
The witness was wels dressed and had the
appearance of a white woman, her hair
being of blonde color Her testimony
was of no Importance, relating only to the
minor details of the position the body was
lying when found. Was not witness to
the shooting.
John Whiteday, a Cherokee-Shawnee
Iadian, was then called. Knew Sky, had
lived six miles from Sky's house for ten
years. Knew the defendant; said Sky had
a bad reputation, but could name no one
with whom Sky had quarreled.
The next witness was an old Indian
woman, Mrs. Keno, who gave her testi-
mony by the aid of an interpreter. Said
she did not see the shooting as her back
was turned to the parties. She was dane
ing at the time the shot was fired, but she
saw the parties Immediately afterwards
Saw Sky with knife in his hand. When
then the body was taken to the house to
be Laid out" the knife was gone from his
hand. Said they took the body to Sky's
home about theee miles from the place
where the shooting occurred. Said she
knew Sky's reputation and that it
was bad. Did not see where the
bullet hit him. Cross-eXamination said
Sky held a knife tightly clinched in right
hand, the other hand was shut but moth
ing WAS in it. At this point an amusing
incident occurred. The witness had been
using an interpreter. On aquestion being
put to her relating to what tongue she was
talking in when she spoke to the parties
at the scene of the murder she hung her
head and said she was talking English.
The Judge then propouuded a few ques-
tons which she answe red in the English
tongue The examination and cross-eX-
animation was long and tedious.
Upon the close of Mrs kenO's testimony
Judge Foster adjourned court unit, p. IN.
At m. the court once more started
in on the Grindstone case. At this point,
however, the grand jury came in and re-
ported a number of indictments which
they had found. In all there was twenty
eight indictments. Among which were
the following:
John Swallow was indicted for the muir.
der of Thomas Angel. The charge Is that
Swallow and Angel were in boat to-
gether on the Nosho or Grand river
in the northeast corner Of the Indian terri
tory. They Quarreled and Angel was
killed There is question of jurisdiction
IN this case 1t seems to be uncertain
whether the killing occurred in this dis
trict or in the western district of Arkan-
sls. the Neosho or Grand river bsing the
boundry line between the two. Swallow
has also been indicted at Fort Smith.
L. VI. Townsley and James Winters were
indicted for the murder of George Stevens
at Guthrie, Ok This crime and the de-
tails connected with it was reported in the
EAGLE at the time.
Rains an Indian woman,
for the murder of her husband. John Nc
Donald. on the 10th day of last August,
Charles Lane was indicted for the rape
OF Francis Skeed. female under the age
of Is, in Guthrie. Ok. This case was also
reported in the EAGLE at the time it was
committed.
William Divine and Seth Clark. in
dicted for assaulting Oscar SeebrinC with
a deadly weapon. The charge is shooting
Seebring with revolver with intent to Kill.
Eleven indictments were returned for
liquor into the Indian terri
tory and for selling liquor TO Indians, and
twelve indictments We're found for larceny
of cattle, horses and hogs.
The Judge then excused the grand jury
until O'Clock this morning.
On motion of attorneys for the defense,
they showing good cause, several cases
were continued until next term.
Attorney Sumner then moved that new
trial be granten 70 David Lemon on the
ground that the defendant did not have
time TO produce witnesses who would have
testified that Webster made threats
against Lemon and that the latter. when
he saw Webster coming toward him
with gun In his hand he
fired the fatal shot in his
own legal self defense. The judge over
ruled the motion.
Attorney Sumner then made motion
that Judgment be arrested on the ground
bar tho roT,-- had iI,ri SI;1-l0y in, rba