Wichita eagle., 1889-09-17

front part of the store the act was done
unintentionally. The witness then illus
trated how Stevens pulled the revolver
from his pocket, and also the position the
dead man was standing in when the fatal
shot was fired. Stevens then threw up one
hand and tried to clutch at some boxes, at
the same time time dropping the revolver
out of the other hand. The witness said
he took the revolver with which the shoot
ing was done and put it into his trunk.
After putting the revolver into the trunk
he gave himself up the marshal. On cross
examination by Perry the witness was
asked why he carried the Ratchet into the
front part of the store, when he answered
that he heard angry talk and went for
ward to see what the trouble was. uncon-
sciously carrying the Ratchet. Did not
remember when he let the haichet fall 10
draw his revolver.
Mr.. Wallace, of this city, was then
sworn. Said he formerly resided in Sc
dalia, Mo-, and there became acquainted
with Towsley and his family. Said his
reputation was good.
w. A. McNees, of this city. was also
called. Said he was IN the carriage BUSH
nCSS anu AdQ iCSlOC0 III NC0oAAsa,
Mo Resided there from 1867 to 1885, and
during that time made the acquaintance
of the defendant, Townsley. Also testified
TO his reputation being good, and that the
defendant and his family enjoyed the
reputation of being law-abiding and
peaceable citizens.
Mr. Townsley, brother of the defend
ant, was then placed on the stand, but his
testimony was immaterial.
J. II. Brown was called and testified to
conversation which took place between
deceased and himself on the day of the
shooting, wherein Stevens said he was go
ing to have the property that
belonged to him il it was possible.
DR.. Patton was then recalled by Mr.
Perry, and related more particularly the
position of the wound and where the bull
let emerged.
The testimony was then closed and an
intermission of five minutes was taken.
Attorney Campbell opened the argu-
ments for the government. Mr.. Campbell
treated the case in a fair and impartial
manner, reviewing the testimony and
showing that the defense had not made a
point III their favor or had not broke down
the testimony Of any one witness which
the prosecution.
Bill Hackney, also for the government,
followed Mr.. Campbell. He also made a
strong, eloquent speech and summed up
the testimony which had been presented
by the defense. He showed up some of
the witnesses and said that their shares
were false. without foundation,
and had been made up be-
fore they entered the court room. Mr..
Hackney spoke in a forcible manner, and
said that the whole evidence showed that
the deceased had been foully murdered in
that store, and that all the parties were
equally guilty.
George ID. Orner opened the arguments
for the defense. He opened up by saying
that his predecessor did not believe word
he said; that he simply made that talk for
effect, and that it was one of his strong
points to abuse witnesses who were az
rayed against his side. The attorney then
dwelt on the reputation of the defendants
and also of the character of the deceased.
Passing from this he reviewed the testi-
mony and wound up by saying that if the
jury brought in verdict of not guilty
every honest citizen of Oklahoma would
say ''amen." but if they brought in a YER
dict of guilty every desperate and bunco
steerer in that land would clap their hands
with joy.
Mr.. Dale followed and made his plea
for the defendants. He said the witnesses
for the defense had shown the defendants
to be not guilty beyond question of
doubt and that they had committed no
crime. Mr.. Dale spoke of the witnesses
that the prosecution had placed on the
stand saying that one was half witted
negro, another was man who was half
drunk when he took the stand and that
another had walked out of gambling den
to the place where the shooting occurred
and who had testified that the deceased
was good friend of his. Pass
ing from this Mr.. Dale spoke of the
fact that money had been freely spent TO
procure witnesses to come upon the stand
and swear away the life OF innocent men.
He then in an eloquent manner reviewed
the whole facts of the case before, after
and at the time of the shooting and plead
for the acquittal of the defendants in a
forcible speech.
OlSITlCC AJbOIucy III tIOoluk LILO
arguments dwelt on the row which had
taken place in the morning. He said that
leaving the presence of the dead man that
morning there had dwelt in the heart of
the defendant Townsley and it was famed
into flame by the laughs of the crowds
who had at that time gathered. This
flame" continued the attorney, was still
in the heart of Townsley when he saw
Stevens in the store at noon and at the
sight Of the man it got beyond his control
and led him into the shooting of an I'M
armed man." Mr.. Perry then entered into
the minute details connected with the
shooting and for the space of twenty min
utes eloquently and clearly entertained the
jury with a thorough review of the testi-
mony introduced. closing by asking them
to do their duty in the case before them.
Adjournment was then taken until : p. N.
EVENING SESSION.
ut o'clock Judge Foster charged the
Jury in the Townsiey and Winters case
when they retired TO the jury room.
The case of Comes-as-it-R Rains, charged
with the murder OF her husband, John
Mcdonald, half breed, was then called.
Assistant Uuited States Attorney Hog
an presented the case to the jury in behalf
of the government and Attorney Hackney
told the jury what the witnesses for the
Tense would prove.
Comes-as -it-Rain was indicted for the
murder of John Mcdonald. 1t appeared
that she stabbed the man with butcher
knife in the arm.
The Indian agent and the agency physi-
clan represented to the United States at
torney that death did not ensue from this
wound The physician dressed and tied